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HomeMy WebLinkAbout04-6355IN 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 NO. o4/- 1o3?J COUNTY, COMMONWEALTH OF PENNNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE FROM MILE POST 214 TO 227, INCLUDING RECONFIGURATION OF INTERCHANGE 226,: THE CARLISLE INTERCHANGE IN REM (APART OF PARCEL ID NOS. 21-18-1363-006 EMINENT DOMAIN AND 21-18-363-056A) t- C'C C?Saj'l CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS DECLARATION 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, §l, 26 P.S. §1-402 (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 1 condemnation any lands, rights, easements, franchises and other property deemed 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 of Interchange 226, the Carlisle Interchange, and its requirements. 5. The property condemned is situate in the Township of Middlesex, Cumberland County and consists of 4.221 acres in fee for required right-of-way for limited access, and 1.630 acres 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 2 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 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 r vapk r L Salzmann, Hughes & Fishman, P.C. 95 Alexander Spring Road, Suite 3, Carlisle, PA 3 Our Mission: Pennsylvania Turnpike Commission To operate a w 6? America's First Superhighway and manage \`Y=` a safe, reliable, cost effective and valued toll road RESOLUTION system. 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 Gene M. Pass, Terry K. Pass and Charles A. Pass, Right of Way no. 3208-A, 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 Gene M. Pass, Terry K. Pass and Charles A. Pass, Right of Way no. 3208-A, 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. 1-877-736-6727 Paturvipi e.C01"n 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 _Ddinutes the Meeting of the Pennsylvania Turnpike Commission, held on the /?"-day of , 2004, in Highspire, Pennsylvania, at which a quorum was present, and that said resolution was unanimously adopted. ??3 =ITNESS my hand and the Official Seal of said Commission this./Aay of A.D. 2004. Rebecca R. Troup Assistant Secretary-Treasurer Our Mission: VOW Pennsylvania Turnpike Commission To operate America's First Superhighway 1W and manage a safe, reliable, cost effective and valued toll road RESOLUTION system. 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 Gene M. Pass, Terry K. Pass and Charles A. Pass, Right of Way no. 3208-A, 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 Gene M. Pass, Terry K. Pass and Charles A. Pass, Right of Way no. 3208-A, 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-100" 1-877-736-6727 EXHIBIT "A" paturnpike.cont 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 the Minutes of the Meeting of the Pennsylvania Turnpike Commission, held on the day of , 2004, in Highspire, Pennsylvania, at which a quorum was present, and that said resolution was unanimously adopted. WITNESS my hand and the Official Seal of said Commission this day of A.D. 2004. Rebecca R. Troup Assistant Secretary-Treasurer Our Mission: Pennsylvania Turnpike Commission To operate America's First Superhighway and manage a safe, reliable, cost effective and valued toll road RESOLUTION system. 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 Gene M. Pass, Terry K. Pass and Charles A. Pass, Right of Way no. 3208-A, 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 Gene M. Pass, Terry K. Pass and Charles A. Pass, Right of Way no. 3208-A, 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. ® o 1-877•-736-6727 EXHIBIT "A" paturnpilse.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 of theMmutes q the Meeting of the Pennsylvania Turnpike Commission, held on the ? /?? day of ?? , 2004, in Highspire, Pennsylvania, at which a quorum was present, and that said resolution was unanimously adopted. WITNESS my hand and the Official Seal of said Commission this/7flay of A.D. 2004. Rebecca R. Troup / Assistant Secretary-Treasurer Our Mission: 70-57 Pennsylvania Turnpike Commission To operate America's First Superhighway and manage a safe, reliable, cost effective and valued toll road RESOLUTION system. 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 Gene M. Pass, Terry K. Pass and Charles A. Pass, Right of Way no. 3208-A, 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. § 652x) 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 Gene M. Pass, Terry K. Pass and Charles A. Pass, Right of Way no. 3208-A, 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. 1-877-736-6727 EXHIBIT "A" paturnpike.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 mutes the Meeting of the Pennsylvania Turnpike Commission, an excerpt of th L/M held on the day of 2004, in Highspire, Pennsylvania, at which a quorum was present, and that said resolution was unanimously adopted. ?c? S my hand and the Official Seal of said Commission thisl`> day of 69z= A.D. 2004. Rebecca R. Troup v Assistant Secretary-Treasurer Our Mission: 7007 Pennsylvania Turnpike Commission To operate America's First Superhighway and manage a safe, reliable, cost effective and valued toll road RESOLUTION system. 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 Gene M. Pass, Terry K. Pass and Charles A. Pass, Right of Way no. 3208-A, 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 Gene M. Pass, Terry K. Pass and Charles A. Pass, Right of Way no. 3208-A, 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 EXHIBIT "A" 1-877-736-6727 paturnpike.coxn 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 the utes of he Meeting of the Pennsylvania Turnpike Commission, held on the ? dmay of d , 2004, in Highspire, Pennsylvania, at which a quorum was present, and that said resolution was unanimously adopted. W TNESS my hand and the Official Seal of said Commission this?l4day of ??(?C A.D. 2004. Rebecca R. Troup Assistant Secretary-Treasurer n ?z c? 0 M m m op i-i °o b a m g b ? m s ? m a Nr ? o y 'H?x 7R9 a ?:eyR9? ? m vZx mo Pix yN aT r? y Y s O bZ O; R ? ?? i E{ 9 r9 ab ? S° mF ?m f ? "1 y h ' 2 =f D I ! Sat ? Nlr ?am i :D -? ? a ?^'r O n W Nb nm 4 s r.?s•e? ? ? s2o \. (i)tig 9?? I q Ym N? P n- f g ni m om ? ? ? A k ; ?V ?a b F m° { pb N?I 117 r N S m m w i I? a D r ? w ' ? r w , Oaa O W -N ??do3 ? . ? Sr m P9? w an,a v. A m Y t y? 1 n m ? D F ? O T1 W uv ° mAr acb'9 n° Yi ?rlAr ":Ox ?, ND? nn pNNip N19< o PJb?u°D SAO o limn- N ? 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Z y ?n ryo ra =?m?yNH;< N Dlym W qn nnn„ v GN?pNCbD a P WGAi?VSC •nmm mmm?GG' >y NOT OOIJD? N N my H= 9 m E \ D q g ?wbWro? m? N .O ?q'?mr01_D m y ?O>bAOq? DD -f ?i ; < mP Im y Ce y • D ? '\ A ?o yN rW y? la?l O r l?l a x ; ? 9a y 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 NO. COUNTY, COMMONWEALTH OF PENNNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE FROM MILE POST 214 TO 227, INCLUDING RECONFIGURATION OF INTERCHANGE 226,: THE CARLISLE INTERCHANGE IN REM (A PART OF PARCEL ID NOS. 21-18-1363-006 EMINENT DOMAIN AND 21-18-363-056A) CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS 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. Sealed with the official seal of the said Commission and dated this x%01` day of 4?; _ , 2004. ATTEST: t Rebecca R. Troup Assistant Secretary-Treasurer PENNSYLVANIA TURNPIKE COMMISSION By. Mit ell Rubin Chairman EXHIBIT "C" COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN Joseph G. Brimmneier, 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. Joseph G. Brimmeier` Sworn to and subscribed before me this day of R'W? , 2004. (4? -70C Notary Public MY COMMISSION EXPIRES: Notarial Seal Roseann Nebinger, Notary Public Middletown Boro, Dauphin County My Commission Expires Apr. 26, 2007 Member, Pennsylvania Association of Notaries C?J - , 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: NO. C - a5 COUNTY, COMMONWEALTH OF cw? ?'1(C tN? PENNSYLVANIA TURNPIKE FROM MILE POST 214 TO 227, INCLUDING RECONFIGURATION OF INTERCHANGE 226: IN REM THE CARLISLE INTERCHANGE EMINENT DOMAIN (A PART OF PARCEL ID NOS. 21-18-1363-006: AND 21-18-363-056A) CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS 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. q13 , Page No.4533. a11.4 Steven J. Fishman, squire 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 f '+J J 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 NO. C)q _ ?O3cJ5 COUNTY, COMMONWEALTH OF Ckv t L i??2-1N1 PENNNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE FROM MILE POST 214 TO 227, INCLUDING RECONFIGURATION OF INTERCHANGE 226,: THE CARLISLE INTERCHANGE IN REM (A PART OF PARCEL ID NOS. 21-18-1363-006 EMINENT DOMAIN AND 21-18-363-056A) CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS NOTICE TO CONDEMNEES TO: Gene M. Pass, Terry K. Pass and Charles A. Pass 291 Ridge Hill Mechanicsburg, PA 17055 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 i%EC"'MB?R: i 1)'n , 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. PENNSYLVANIA TURNPIKE COMAUSSION I By: r Salzmann, Hughes & Fishman, P.C. 95 Alexander Spring Road, Suite 3, Carlisle, PA ?..?. ?- ?. rv _?; ?:? ?r r^'!?t r I v '_ f ?_ ? 7 . ?, ?.) ? t 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 MIKE POST 214 TO 227, INCLUDING RECONFIGURATION OF INTERCHANGE 226, THE CARLISLE INTERCHANGE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6355 CIVIL TERM IN REM (APART OF PARCEL ID NOS, 21-18-1363-006 EMINENT DOMAIN AND 21-18-363-056A) CONDEMNEES: GENE M. PASS, TERRY K. PAS5NND CHARLES A. PASS To the Prothonotary: Please enter the appearance of Murrel R. Walters, III, Esquire and John M. Eakin, Esquire for Condemnees, Gene M. Pass, Terry K. Pass and Charles A. Pass. , Dated: O S` li Murrel R. Walters, III, Esquire 4 Jt M. Eakin, Esquire 1 '1 C? Cl1 L. ?2.'?I L y ` d:14 (TI ? ''7 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-6355 CIVIL TERM ORDER OF COURT AND NOW, this day of February, 2005, the petition for an extension of time to file preliminary objections to declaration of taking, IS GRANTED. Gene M. Pass, Terry K. Pass and Charles A. Pass shalll have forty-five (45) days from this date to file preliminary objections or other responsive pleading to the petition for condemnation. By the C Curt, J. Murrel R. Walters, III, Esquire John M. Eakin, Esquire :sal c?oh ono i CASE NO: 2004-06355 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TURNPIKE COMMISSION PENNSYLVAN VS PASS GENE M ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within DECLARATION OF TAKING was served upon PASS GENE M the CONDEMNEE , at 1928:00 HOURS, on the 28th day of December-, 2004 at 291 RIDGE HILL ROAD MECHANICSBURG, PA 17055 CHARLES A PASS by handing to ADULT IN CHARGE 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 18.00 Service 5.18 Affidavit .00 Surcharge 10.00 nn So Answers: R. Thomas Kline 12/29/2004 Sworn and Subscribed to before me this .l day of A. D. trdthonotary SALZMANN HUGHES F S r By: \ Deputy Sherif CASE NO: 2004-06355 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TURNPIKE COMMISSION PENNSYLVAN VS PASS GENE M ET AL CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within DECLARATION OF TAKING was served upon PASS TERRY K the CONDEMNEE , at 1928:00 HOURS, on the 28th day of December , 2004 at 291 RIDGE HILL ROAD MECHANICSBURG, PA 17055 CHARLES A PASS by handing to ADULT IN CHARGE 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this a`? day of C ?????UV A.D. So Answers: x `i P ;r R. Thomas Kline 12/29/2004 SALZMANN HUGHES MAN By: Deputy Sheriff rothonotary CASE NO: 2004-06355 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TURNPIKE COMMISSION PENNSYLVAN VS PASS GENE M ET AL CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within DECLARATION OF TAKING PASS CHARLES A the CONDEMNEE , at 1928:00 HOURS, on the 28th day of December-, 2004 at 291 RIDGE HILL ROAD MECHANICSBURG, PA 17055 CHARLES A PASS was served upon by handing to 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of 1 `j A. D. P othonotary i So Answers: R. Thomas Kline 12/29/2004 SALZMANN HUGH F S MAN Deputy ;Sheriff IN RE: CONDEMNATION BY THE IN THE COURT OF COMM, PENNSYLVANIA TURNPIKE COMMISSION CUMBERLAND COUNTY, OF PROPERTY LOCATED IN THE PENNSYLVANIA TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, COMMONWEALTH OF NO. 04-6355 CIVIL TERM PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE FROM MIKE POST 214 TO 227, INCLUDING RECONFIGURATION OF INTERCHANGE 226, THE CARLISLE INTERCHANGE IN REM (A PART OF PARCEL ID NOS, 21-18-1363-006 EMINENT DOMAIN AND 21-18-363-056A) CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS PRELIMINARY OBJECTIONS TO DECLARATION OF T Condemnees Gene M. Pass, Terry K. Pass and Charles A. Pass by their Murrel R. Walters, III, Esquire and John M. Eakin, Esquire file preliminary PLEAS to the declaration of taking filed in the above captioned matter pursuant to 26 PS 1-406 by the Pennsylvania Turnpike Commission, Condemnor. They (1) deny the the power to condemn the portion of their land for the sole benefit of and Light Company and (2) they object to the declaration of taking 1.) The declaration of taking (attached as Exhibit 1) was filed 2004 and served December 28, 2004. 2.) The property of Condemnees is situate in Middlesex Township, Cumberland County and is condemned to provide, in part, a total Pennsylvania Turnpike from mile post 214 to 227 which includes the Interchange 226 known as the Carlisle Interchange. 3.) The taking consists of two parcels, one of 4.221 acres taken in required right of way for limited access and one 1.630 acre for relocation of a Pennsylvania Power and Light Company (PP&L) easement. nnor has iia Power )er 17, of the ztion of f'or the 4.) The 4.221 acre tract is presently subject to an easement granting ?P&L the right to install utility poles and transmission lines thereon. 5.) The nature of the title condemned is stated in Paragraph 6 of the of taking as follows: "(I) fee simple in the surface, (II) only so much of any materials, 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 an 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 includii 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 own or hereafter acquired by the condemnees, together with tI right to use any of the surface for storing materials, depot or refuse or overburden, or to erect any buildings, structu or fixtures necessary, convenient or incident to the produ mining or removing of minerals, oil or gas from beneath surface of the land hereby condemned or from any other lands of the condemnees." (Emphasis added) 6.) The land of the condemnee is in the CH Commercial Highway District of tl?e Middlesex Township Zoning Ordinance. POWER TO CONDEMN AN EASEMENT FOR PP&L 7.) Condemnees challenge the right of the Turnpike to condemn for non Turnpike purposes, specifically the proposed easement to permit PP&L to inst41 a power line as PP&L has the power of eminent domain and can condemn its own The declaration of taking exceeds PP&L easement requirements i? that the nature of the title condemned goes far beyond that required to relocate a specifically (1) fee simple in the surface (2) the right to access "minerals, oil orilgas from 2 the surface of the land" (3) the right to "explore and test drill the minerals, oil including the right to drill for, dig, drain , ventilate and carry away said miner gas now owned or hereafter acquired by condemnees," (4) to erect buildings ( incident to the producing, mining or removing of minerals oil or gas from ber surface of the land hereby condemned or from any other land of the condemn 8.) The PP&L utility poles and transmission lines to be erected on acre tract are "structures" within the meaning of the Middlesex Township Ordinance and are not permitted within 200 feet of the Turnpike interchange. 9.) A land development plan must be submitted to and approved by Middlesex Township Supervisor as a condition precedent to the right of construct the power lines which condition has not been met. THE DECLARATION OF TAKING 10.) The declaration of taking does not distinguish between the the 4.221 acre tract taken in fee for the Turnpike and the 1.630 acre tract in easement is taken. gas; oil or tructur( h the 1.630 of only an 11.) The declaration of taking is ambiguous, overly broad and must b' made specific before an appraiser can estimate fair market value after the taking in t at a.) The term (Paragraph 6(i)) "fee simple in the surface" is c fusing as fee simple title includes surface, sub surface and all other rights. The taking o an easement doesn't' include unlimited rights in the surface. b.) The declaration of taking only condemns "so much of any, minerals, oil or gas beneath the surface... necessary for lateral or subjacent support of the surface." (Paragraph 6(ii)). Paragraph 6(iii) gives condemnor the right to remove the inerals, oil or gas needed for surface support. c.) Paragraphs 6(iv) of the declaration of taking gives conde nor the right to remove minerals, oil or gas from other land of the condemnees not included in the partial take. CONCLUSION The declaration of Taking does not accurately describe the condemnors the land taken for the Turnpike and that taken for the PP&L easement. Until are clearly stated there can be no meaningful estimate of the "after" fair Turnpike condemnation should be limited to Turnpike construction where the right of eminent domain is available to PP&L which should pay for way rather the Turnpike patrons. Middlesex Township has had a subdivision Ordinance since 1990 and Ordinance since 1989. These Ordinances require a land development plan by Turnpike and until it is submitted and approved the land cannot be Dated: March L Z, 2005 in rights right of Murrel R.'Walters, III Jo n . Eakin VERIFICATION I, John M. Eakin, hereby verify that the statements of fact made in the instrument are true and correct to the best of my knowledge, information and understand that any false statements therein are subject to the criminal in 18 Pa. C.S. A. 4904, relating to unsworn falsification to -k- rv i Eakin I contained 4 IN RE: CONDEMNATION BY THE IN THE COURT OF COMM PENNSYLVANIA TURNPIKE COMMISSION CUMBERLAND COUNTY, OF PROPERTY LOCATED IN THE PENNSYLVANIA TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, COMMONWEALTH OF NO. 04-6355 CIVIL TERM PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE FROM MIKE POST 214 TO 227, INCLUDING RECONFIGURATION OF INTERCHANGE 226, THE CARLISLE INTERCHANGE IN REM (A PART OF PARCEL ID NOS, 21-18-1363-006 EMINENT DOMAIN AND 21-18-363-056A) CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the persc indicated below by depositing a copy of the same in the United States mail, postage Mechanicsburg, Pennsylvania and addressed as follows: Susann B. Morrison, Esquire Salzmann, Hughes & Fishman, P.C. 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 Date: March 22, 2005 By: PLEAS at Eakin, ,: 99 < 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 NO. r? x(03 COUNTY, COMMONWEALTH OF PENNNYYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE FROM MILE POST 214 TO 227, INCLUDING RECONFIGURATION OF INTERCHANGE 226,: THE CARLISLE INTERCHANGE IN REM (APART OF PARCEL ID NOS. 21-18-1363-006 EMINENT DO] AND 21-18-363-056A) CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. DECLARATION OF TAKING The Pennsylvania Turnpike Commission files this Declaration of provided for in Article IV, Section 402 of Act No. 6, Special Sessions, P.L. June 22, 1964, and as amended, 1969, December 5, P.L. 316, §l, 26 P.S. §I-402 respectfully declares the following: 1. The Condemnor is the Pennsylvania Turnpike Commission, an dated and of the Commonwealth of Pennsylvania, with its principal office at Exit 2411 of the Pennsylvania Turnpike system located in Lower Swatara Township, Dauphin Pennsylvania. Its post office address is P.O. Box 67676, Harrisburg, Pennsylvania, 17106- 7676. 2. The Pennsylvania Turnpike Commission is authorized and empowered Section 6 of the Act of May 21, 1937, P.L. 774, No. 211, as amended, to acquire by EXHIBIT I a tC rJ ?? r- kSS T -? rn v ? j cj< - ro One as' 1 condemnation any lands, rights, easements, franchises and other property necessary or convenient for the construction or efficient operation of the 3. This Declaration of Taking was authorized by a Resolution adopted 19, 2004 by said Condemnor. A copy of said Resolution is attached hereto and ade a part hereof as Exhibit "A". The record thereof may be examined at the Pennsyl Tinia Turnpike Commission's Central Office at Exit 247 of the Pennsylvania 4. The purpose of the condemnation is to acquire property interests for jthe Total Reconstruction of the Pennsylvania Turnpike from mile post 214 to 227, the reconfiguration of Interchange 226, the Carlisle Interchange, and its 5. The property condemned is situate in the Township of Middlesex, County and consists of 4.221 acres in fee for required right-of-way for limited ac ess, and 1.630 acres as easement for required substitute easement for the Pennsylvania P er and Light Company, a partial take. A plan of the property condemned sufficie for its identification, is set forth in Exhibit "B", attached hereto and made a part hereo4 Plans showing the property condemned are on the same day as this Declaration is be#rg filed with the Prothonotary, being filed with the Office of the Recorder of D§eds of Cumberland County in accordance with Section 404 of the Eminent Domain 6. The nature of the title hereby condemned is (i) fee simple in the sur ce, (ii) only so much of any minerals, oil or gas beneath the surface of any separate estat in any of those minerals, oil or gas as is necessary for the lateral and subjacent suppo of the surface and any improvements now or hereafter erected thereon, (iii) the right t access those minerals, oil, or gas from the surface of the land hereby condemned, and ( ) any and all rights of way into, upon, or over the surface of said land, including the ght to 2 i d explore and test drill the minerals, oil or gas; including the right to drill for, d drain, ventilate, transport, or carry away said minerals, oil or gas now owned or acquired by the condemnees; together with the right to use any of the surface fc materials, disposing of refuse or overburden, or to erect any buildings, struc fixtures necessary, convenient, or incident to the producing, mining or rem minerals, oil, or gas from beneath the surface of the land hereby condemned or 1 other lands of the condemnees. 7. A plan showing the condemned property may be inspected at the o Salzmann, Hughes & Fishman, P.C., 95 Alexander Spring Road, Suite 3, Carl 17013, during regular business hours. 8. The Condemnor files with this Declaration of Taking its Open En without surety pursuant to Section 403(a) of the Eminent Domain Code of 196 Compensation is made or secured by the filing of said Bond, attached hereto and part hereof as Exhibit "C". PENNSYLVANIA TURNPIKE COMMISS; By: r Salzmann, Hughes & Fishman, P.C. 95 Alexander Spring Road, Suite 3, Carlisle, mine, storing Tres, or /in, of any of PA Bond Just ade a N TRUE COPY F OM RECORD In Testimony whereof, I ere unto set my lod and the seal of said Cou at Carlisle. Pe, This ..... L? ..... day of .. f?...? -4 I Our Mission: ( To operate and manage a safe, reliable, cost effective and valued toll road system. Jr r?.7 Pennsylvania Turnpike Con-ianission America's First Superhighway RESOLUTION AUTHORIZING THE ACQUISITION OF THE REQUIRED P RIGHT-OF-WAY BY PURCHASE FOR THE TOTAL RECONSTRUCTION OF MILE POST 214 to 227 WHEREAS, in order to facilitate vehicular traffic within and Coin ntonwealth, the Pennsylvania Turnpike Commission is autht empowered to construct, operate and maintain the Turnpike, which r before the Commission consists of the total roadway reconstruction of mile 227 and specifically includes property of Gene M. Pass, Terry K. Pass and Pass, Right of Way no. 3208-A, a partial take; WHEREAS, the Pennsylvania Department of Transportation as ri Act of Assembly No. 211, P. L. 774 dated May 21, 1937 (36 P.S. § 652a) as has approved the location of the total roadway reconstruction of mile post s Now THEREFORE, BE IT RESOLVED by the Pennsylvania Turnpike Commission, hereby resolved by authority of the same, that the acquisition of required pri purchase or condemnation according to law is authorized for this the total reconstruction of mile post 214 to 227 and specifically includes property of Pass, Terry K. Pass and Charles A. Pass, Right of Way no. 3208-A, a partial t¢ BE IT FURTHER RESOLVED that the property necessary for the right-of-way for the total roadway reconstruction of mile post 214 to 2271 acquired by the Pennsylvania Turnpike Commission by purchase or cond under the provision of the Acts of Assembly, in fee simple or such lesser est Commission shall determine necessary therefore. 1-877-736-6727 paturnpitte.corn EXHIBIT "A" 'FOR ross the ed and ect now t 214 to arles A. ired by tended, to 227; 1 it is rty by idway ne M. luired all be nation as the CERTIFICATION I, REBECCA R. TROUP, Assistant Secretary-Treasurer of the I Turnpike Commission, do hereby certify the foregoing to be a true and coi an excerpt of the Iinutes ,of ?th,,?e Meeting of the Pennsylvania Turnpike t held on the e SY2 day of ?/-& 2004, in Highspire, Pennsylvania, quorum was present, and that said resolution wasunanintously adopted. rITNESS my hand and the Official Seal of said Commission this, 1lc.t L L A.D. 2004. Rebecca R. Troup Assistant Secretary-Treasurer t copy of emission, which a of I ?y O 0 Jm a ? r ' pil N, 'm 'm y 0 m w O ??5a-.a,? a e:???? as f U6 UP a.Ai : sacra &80; 999.. ,.,a &F 4., F ps i 2d ;e^,soa gi R ; "•a ??"? nFa'? R ?kR 3Sj " ^L ,? a e ? on ro??? ? tc g j ?f ,Y ?1a 4 y f ? w ? ppL ?y §e i cy ? W n,^ T W r? j i. ? sy? f 8 ? i .8, . y°vkg o?Y ?FWOX?'? f 9 : ? 8S 1 ? ?YYk ?IBg Sd+ ??? Q s $ ?a y (iiP, eYy Y` ter" 8 x fr E ?j?x 8 ?a a? ? ? E E 9 9? ?E g S ? E? ?aE 3 n Y f?? s v"a eg k Mi y9 ?Y ""-? ® ® ® e o .4 ?s 9 1? ?? °? 3 e E $s : g? i. 7. ? E.3E3 ? e - 3 ) . a ? ? YE a E:° ?e CS ai ? E p e ?a r T ® °? 9a "8e,_S :Y ? t g?39 a ?°pa I I, I ? I 8^ I j8 ga F i 40 e- $ ?e 8^- I ii ? So ? ®Ak ? 60 i 8o I' I 90 ?I ( Ig Ra c 8a M Q- tP, I i it 1 GI ? q ( I ? I I I i ( I I I i I ' ( 1 1 a I F i I _ice' I 8; ( ?na: wa>M?°s ?i??8f g?=?nY ,I S a 56 N4 yt Ty?n s? F o m IF 4 a f p p v m p D ? £ 4 p ? \ II { m N Y 8 Y °r Wp ? ? m ca w ? ? 9 ON O 't ? ? ? D N II [f w oG o u $ E r o"-1 L O u ? 1 = ) m ea ARP ?46 sn.c F ? a $ I 8 ? 1 ? a a g +] P r' ? s y r ?? ? ggg g aR Yte + =-AA . rx $ k?¢a '? o1°E rv ? u g ygg'; 6 ?9 IN TUE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA c IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF MIDDLESEX, CUMBERLAND NO. COUNTY, COMMONWEALTH OF PENNNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE FROM MILE POST 214 TO 227, INCLUDING RECONFIGURATION OF INTERCHANGE 226,: THE CARLISLE INTERCHANGE IN REM (A PART OF PARCEL ID NOS. 21-18-1363-006 EMINENT DOMAIN AND 21-18-363-056A) CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS BOND KNOW ALL MEN BY THESE PRESENTS that the Pennsylvania Ti instrumentality of the Commonwealth of Pennsylvania, is held firmly bound to the Pennsylvania for the use and benefit of the owner or owners of the property interes condemned by the Declaration of Taking filed in the above-named Court at the above term such damages as shall be determined by law. Now the condition of this obligation is such that if the Pennsylvania Turnpike the said owner or owners of the property interests condemned such damages as shall be obligation shall be void; otherwise to be and remain in full force and effect. )Sealed with the official seal of the said Commission and dated this (?' ?'c< ./?Lf'.( 2004. ATTEST: iecca R. Troup Assistant Secretary-Treasurer PENNSYLVANIA TURNPIKE By: Mitd(iell Rubin Chairman EXHIBIT "C" Commission, an of which have been number and pay shall pay to . by law, this day of COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN Joseph G. Brimmeier, being duly sworn accordin. deposes and says that he is the Chief Executive Offic Pennsylvania Turnpike Commission and makes this Affida, behalf, being familiar with the facts and having autho: do; and that all the statements in the foregoing Decl Taking are true and correct to the best of his in knowledge and belief. G. Sworn to and subscribed before me this day of 2004. Notary Public MY COMMISSION EXPIRES: Notarial Seal Rciseann Nebinger, Notary Public Middletown Boro, Dauphin County Wly Commission Expires Aor 26.2007 Member, Pennsylvania Association Of Notaries to law, r of the t on its ty so to ation of Cj 4?; C`n <f ?? G, Y??lT ? ?i ( ...:,T? .; N < J3 - ? ., ._ _r, ? G%?- -TJ ;- . i " Z,? . -? F. PTCI/DFJTCH'PRAECIPP. FOR 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 RECONFIGURATION OF INTERCHANGE 226, THE CARLISLE INTERCHANGE (A PART OF PARCEL ID NO. 21-18-1363-066 AND 21-18-363- 056A) CIVIL ACTION No. 04-6355 PRAECIPE FOR APPEARANCE IN REM EMINENT DOMAIN FILED ON BEHALF OF: The Pennsylvania Turnpike Commission, Defendant/Condemnor CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire Pa. I.D. No. 00119 William P. Bresnahan, II, Esquire Pa. I.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 PTO. DEITCH PRAFCIPE FOR 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 RECONFIGURATION OF INTERCHANGE 226, THE CARLISLE INTERCHANGE (A PART OF PARCEL ID NO. 21-18-1363-066 AND 21-18-363-056A) CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS NO. 04-6355 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. Respectfully submitted, DATE HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. 1 "-/ --? BY ?Xe ? ??., ./ Z, ` ` - William P. Bresnahan William P. Bresnahan, II 2901 Grant Building Pittsburgh, PA 15219 Attorneys for The Pennsylvania Turnpike Commission ? PICI/DEITCII/ PRAECIPP FOR APP CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE was mailed this 21"dayofMarch, 2005, byU.S. Mail, First Class, Postage Prepaid, to the following parties: Murrel R. Walters, III, Esquire John M. Eakin, Esquire Market Square Building Main and Market Streets Mechanicsburg, PA 17055 r. hl Lff ?_) CJl ?it ?J Ci _f) W PB9/m b 9/5/05 No. 04-6355 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 PART OF PARCEL ID NO. 21-18-1363-066 AND 21-18-363- 056A) CIVIL ACTION No. 04-6355 TYPE OF PLEADING: PRELIMINARY OBJECTIONS TO PRELIMINARY OBJECTIONS TO DECLARATION OF TAKING IN REM EMINENT DOMAIN FILED ON BEHALF OF: Pennsylvania Turnpike Commission, CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire Pa. I.D. No. 00119 William P. Bresnahan, II, Esquire Pa. I.D. 85543 HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. 2901 Grant Building 330 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Firm ID No. 628 WPB9/-b4/5/05 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363- 056A) No. 04-6355 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS PRELIMINARY OBJECTIONS TO PRELIMINARY OBJECTIONS TO DECLARATION OF TAKING Condemnor, the Pennsylvania Turnpike Commission, by its attorneys, William P. Bresnahan, Esquire, William P. Bresnahan H, Esquire, and Hollinshead, Mendelson, Bresnahan andNixon, P.C., file these Preliminary Objections to the Preliminary Objections to Declaration of Taking, the following of which is a statement. Section 406(a) of the Pennsylvania Eminent Domain Code states: (a) Within thirty 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. P B9/n.b 4!5/05 No. 04-6355 2. Paragraphs 7., 8. and 9. of the Preliminary Objections to the Declaration of Taking challenge the right of the Turnpike to condemn land for non-Turnpike purposes, specifically a proposed easement to permit PP&L to install a power line. The reason given is that PP&L has the power of eminent domain and can condemn its own facilities. Paragraph 7. also complains that the Turnpike takes more title than it needs to relocate a power line, i.e., fee simple instead of an easement. Paragraph 8. complains that utility poles and transmission lines are "structures" within the meaning of the Middlesex Township Zoning Ordinance and are not permitted within 200 feet of the Turnpike interchange. Paragraph 9. complains that a land development plan must be submitted to and approved by the Township as a condition precedent to the right of PP&L to construct the power lines. We will address each of these four objections separately: a) As to the challenge of the right of the Turnpike to condemn for a proposed easement to permit PP&L to install power lines: A condemnation of private property under the federal and state constitutions can only occur if it is for a public use. The subject condemnation is for the purpose of reconstructing the Pennsylvania Turnpike from mile post 214 to 227, which includes the reconfiguration of interchange 226, known as the Carlisle Interchange; and, more particularly, the elongation of the entrance and exit ramps so as to eliminate the truck turn overs which have occurred thereon. Said purpose is unquestionably a public safety purpose and a public use. In order to accomplish said public use it is necessary to relocate the existing PP&L utility poles and transmission lines so as to permit the elongation of the entrance and exit ramps. The condemnation, therefore, is not for a non-Turnpike purpose, but rather is for the public purpose of permitting the public use to be effectuated, i.e., the elongation of the entrance and exit ramps in order to make them more safe for use. 2 "B9/.b 4/5/05 No. 04-6355 b) As to the challenge that the Declaration of Taking exceeds the PP&L easement requirement, it is only necessary to look at Paragraph 5. of the Declaration of Taking which states in part: The property condemned is situate in the Township of Middlesex, Cumberland County and consists of 4.221 acres in fee for required right -of-way for limited access, and 1.630 acres 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 (Quotation in part). A reading of the language of Paragraph 5. clearly states that the 1.630 acres are being taken as an easement for the specific purpose of a substitute easement for the Pennsylvania Power and Light Company. A review of the Exhibit "B" plan depicts the location of that easement and again refers to it as an easement. It does not, therefore, condemn a fee simple interest and does not take an interest greater than that which is necessary for the relocation of the power line. c) As to the challenge that the utility poles and transmission lines are "structures" within the meaning of the zoning ordinance and are not permitted within 200 feet of the Turnpike interchange, it is only necessary to refer back to Section 406(a) of the Pennsylvania Eminent Domain Code to see that such an objection is not a proper one for it does not fall within the permitted objections. It is important to differentiate between the power to condemn and the right to use. It may well be that ultimately the Turnpike must comply with local zoning requirements, but that has nothing to do with the ability of the Turnpike to condemn for purposes included within its statutory delegated powers. Here it has condemned for a public purpose, i.e., the reconstruction of the Turnpike between mile post 214 and 217, which includes the reconfiguration of Interchange 226, known as the Carlisle Interchange. It has WPB9/m b 4,/5/05 No. 04-6355 the power to do so because it has been delegated that power by the Pennsylvania State Legislature. As to the use of the property after condemnation, the Condemnee has no input so long as that use is statutorily authorized. The Condemnee may only object in the way authorized by Section 406(a) of the Pennsylvania Eminent Domain Code and failure to meet zoning requirements is not one of the four authorized objections. d) As to the challenge that a land development plan must be submitted to and approved by the Township as a condition precedent to the right of PP&L to construct the power lines, it is submitted that this is also not a proper preliminary objection and is not authorized under Section 406(a) of the Pennsylvania Eminent Domain Code for it does not fall within the permitted objections. It may well be that ultimately the Turnpike must comply with local zoning requirements, but that has nothing to do with the ability of the Turnpike to condemn for purposes included within its statutorily delegated powers. The condemnee may only object in the ways authorized under Section 406(a) and failure to meet zoning requirements is not one of the four authorized objections. Paragraphs 10. and 11. of the Preliminary Objections to the Declaration of Taking challenge the Declaration of Taking itself. They address four complaints which we will deal with separately: a) Paragraph 10. objects that the Declaration of Taking does not distinguish between the acquisition of the 4.221 acre tract taken in fee for the Turnpike and the 1.630 acre tract in which only an easement is taken. However, the words of the objection itself explain the distinguishment. The 4.221 acre tract is taken for limited access purposes. Paragraph 5. of the Declaration of Taking states this tract is taken in fee simple. The 1.630 acre tract is taken as a substitute easement for the Pennsylvania Power and Light Company. Paragraph 5. of 4 WPW.b 4/5/05 No. 04-6355 the Declaration of Taking states this tract is taken as an easement. Both tracts are depicted on Exhibit "B" of the Declaration of Taking, one as a fee simple taking and one as an easement. The Declaration of Taking clearly distinguishes between the tracts. b) Paragraph I La. of the Preliminary Objections objects that the phrase "fee simple in the surface" is confusing. Yet paragraph 6. of the Declaration of Taking clearly describes the limitation on the mineral rights condemned. It states: 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, 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. It is clear that condemnation of the surface is in fee simple or easement and that condemnation of the mineral right, oil or gas beneath the surface is not taken in fee simple, but only to the extent described. c) Paragraph l l.b. of the Preliminary Objections merely repeats the contents of the Declaration of Taking without stating an objection. If there is an implied objection it is that 6.(ii) does not condemn all of the minerals, oil or gas beneath the surface, yet 6.(iii) gives condemnor the right to remove the minerals, oil or gas needed for surface support. 5 WPW9 b4/5/05 No. 04-6355 Obviously, only those minerals, oil and gas condemned would be subject to the right of removal. d) Paragraph l l.c. of the Preliminary Objections is a erroneous legal conclusion requiring no response. To the extent that a response is necessary it should be obvious that only those areas condemned by the Declaration of Taking are subject to use restrictions as described in Paragraph 6.(iv) and no other lands owned by Condemnees are subject to said use restrictions. CONCLUSION The Court is requested to overrule the Preliminary Objections to the Declaration of Taking submitted by the Condemnees and to allow this case to proceed to the Board of Viewers for a determination of the amount of fair market value is owed by the Turnpike to the Condemnees. Respectfully submitted, DATE ze'e 5 HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. BY 2?1?6's f !Sy?n _ William P. Bresnahan, Esquire William P. Bresnahan, II, Esquire 2901 Grant Building 330 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Attorneys for Pennsylvania Turnpike Commission 6 "B9/.b 4/5/05 VERIFICATION No. 04-6355 I, William P. Bresnahan II, being authorized to do so, hereby affirm, under penalty of perjury as set forth in 18 Pa. C.S.A. 4904, that the facts set forth in the foregoing PRELIMINARY OBJECTION TO PRELIMINARY OBJECTIONS TO DECLARATION OF TAKING are true and correct, to the best of his knowledge, information and belief. William P. Bresnahan 11 x B9/ b4/5/05 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363- 056A) No. 04-6355 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing PRELIMINARY OBJECTIONS TO PRELIMINARY OBJECTIONS TO THE DECLARATION OF TAKING was mailed this day of CL 2005, by U.S. Mail, First Class, Postage Prepaid, to the following parties: John M. Eakin, Esquire Market Square Building Mechanicsburg, PA 17055 W B9/.bN5/05 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363- 056A) No. 04-6355 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS ORDER OF COURT AND NOW, this dayof 2005, upon consideration of the above PRELIMINARY OBJECTIONS TO PRELIMINARY OBJECTIONS TO DECLARATION OF TAKING, it is hereby ORDERED, ADJUDGED AND DECREED that the Preliminary Objections to the Preliminary Objections to the Declaration of Taking filed by the Pennsylvania Turnpike Commission are sustained and the Preliminary Objections to the Declaration of Taking filed by Condemnees are denied. BY THE COURT, ''> i ? cP _?i Syr CI :J ii C .. .? PTMPAS&A DDEC NO. 04-6355 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363- 056A) CIVIL DIVISION NO. 04-6355 CIVIL TERM PETITION FOR PERMISSION TO FILE AMENDED DECLARATION OF TAKING IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS FILED ON BEHALF OF: Pennsylvania Turnpike Commission COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire Pa. I.D.No. 00119 William P. Bresnahan, II, Esquire Pa. I.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 PTCI/PA!WET TO AMU DEC NO. 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS PETITION FOR PERMISSION TO FILE AMENDED DECLARATION OF TAKING The Petition of the Pennsylvania Turnpike Commission respectfully represents: The Condemnor is the Pennsylvania Turnpike Commission, an instrumentality ofthe Commonwealth of Pennsylvania, with its principal office at Exit 19 on the Pennsylvania Turnpike System, located in Lower Swathara, Dauphin County, Pennsylvania. Its post office address is P.O. Box 67676, Harrisburg, Pennsylvania 17106-7676. 2. The Condemnees are Gene M. Pass, Terry K. Pass and Charles A. Pass. 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 of 4.221 acres in fee and 1.630 acres as an easement for required substitute easement for Pennsylvania Power and Light Company, a partial take, as more fully described in the Declaration of Taking. PTCYPA5&PET TO "D DEC NO. 04-6355 4. Since the filing of the Declaration of Taking, Condemnor has been advised that the nature of the title condemned as set forth in the Declaration of Taking needs to be revised. WHEREFORE, the Condemnor prays your Honorable Court for permission to file its Amended Declaration of Taking to be effective as of December 17, 2004 so as to amend the nature of the title condemned. AND IT WILL EVER PRAY. DATE /- /j-- USA Respectfully submitted, HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. William P. Bresnahan, Esquire William P. Bresnahan, If, Esquire 2901 Grant Building 330 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Attorneys for The Pennsylvania Turnpike Commission nCU+M&a DEC NO. 04-6355 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363- 056A) CIVIL DIVISION NO. 04-6355 CIVIL TERM AMENDED DECLARATION OF TAKING IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS FILED ON 13EHALF OF: Pennsylvania Turnpike Commission COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire Pa. I.D.No. 00119 William P. Bresnahan, II, Esquire Pa. I.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 PTOl AWAI.tD DEC NO. 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) NO. 04-6355 CIVIL TERM IN REM EMWENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS AMENDED DECLARATION OF TAKING The Pennsylvania Turnpike Commission files this Amended 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, § 1, 26 P.S. § 1-402 (1988) and respectfully declares the following: The Condemnor is the Pennsylvania Turnpike Cormission, an instrumentalityofthe 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 §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 necessary or convenient for the construction or efficient operation of the Turnpike. "OfflASWWD DEC NO. 04-6355 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 of 4.221 acres in fee and 1.630 acres as an easement for required substitute easement for Pennsylvania Power and Light Company, a partial take, as more fully described in the Declaration of Taking. 4. Since the filing of the Declaration of Taking, Condemnor has been advised that the nature of the title condemned as set forth in the Declaration of Taking needs to be revised. 5. Pursuant to a Petition for Permission to File Amended Declaration of Taking and Order of Court entered in connection therewith dated , 2005, a copy of said Order being attached hereto and made a part hereof as Exhibit "A", Condemnor was granted permission to file an Amended Declaration of Taking to be effective as of December 17, 2004, so as to amend the nature of the title condemned as set forth in the Declaration of Taking. 6. This Amended 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 "B". 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 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. 8. The property condemned is situate in the Township of Middlesex, Cumberland County and consists of 4.221 acres in fee for required right-of-way for limited access and 1.630 acres 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 "C", attached hereto and made a part hereof. Plans showing the property condemned are, on the 2 PTC31? 4& DDEC NO. 04-6355 same day as this Amended 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. 9. The nature of the title condemned is: (a) fee simple absolute of the 4.221 acres for required right-of-way for limited access; and, (b) substitute easement for the Pennsylvania Power and Light Company of the 1.630 acres for providing, transmitting and/or distributing electric services together with the right, privilege and authority to install, use, operate, maintain, repair and finally remove power lines, together with necessary poles, anchors, guy wires and other apparatus thereto belonging, upon, over, along and across the aforesaid 1.630 acres, together with the right to enter upon said land at any time for such purposes. 10. A plan showing the condemned property may be inspected at the offices of SAI Consulting Engineers, Inc., 20 Erford Road, #110, LeMoyne, PA, during regular business hours. 11. The Condemnor files with this Amended Declaration of Taking its Open End Bond without suretypursuant 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 "D". Respectfully submitted, HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. DATE BY___=%?' William P. Bresnahan, Esquire William P. Bresnahan, II, Esquire 2901 Grant Building 330 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Attorneys for Pennsylvania Turnpike Commission our Mission: To operate and manage a safe, reliable, cost effective and valued toll road system. remna TURN- PIKE 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 specifically includes property of Gene M. Pass, Terry K Pass and Charles A. Pass, Right of Way no. 3208-A, 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 Gene M. Pass, Terry K Pass and Charles A. Pass, Right of Way no. 3208-A, 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. EXHIBIT "B" E- 1-877-736-6727 paturnpike.corn CERTIFICATION I, RALPH M BALLETS, 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 Minutes of the Meeting of the Pennsylvania Turnpike Commission, held on the [? ay of bdolei , 2004, in Highspire, Pennsylvania, at which a quorum was present, and that said resolution was unanimously adopted. WITNESS my hand and the Official Seal of said Commission this ?ay of 464%4 e? A.D. 2004. A lp . Bailets Assistant Secretary-Treasurer x ?_ z U S R r r 4 K a gm QT g a ?m a r" xk n 2 7 ? 5 0 $m r? "y ? g f £F & a$ Q ?Aa D u r ?? E a In _ I g 4? 3 &s ?i A Zc i?'®m° ARM R$ 4#i T m a r? 8 FO ',y ^AS s i?a +fP ~ 9 m i y ;. ? yw 6 ? gym, ? A a p ? ? o n r A y? b = \ ? { v !n K ? P ?' f 0A m ? ?x W V q ' 9 p N ? O y $ t, d y .5C q pwP Z N N Y \ g g? \I ma?.4 ? ? R mbr;?k&4'?g i R IMF P ?Sf mac NO. 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: CONDEMNATION BY THE ) PENNSYLVANIA TURNPIKE ) COMMISSION OF PROPERTY ) LOCATED IN THE TOWNSHIP OF ) MIDDLESEX, CUMBERLAND ) COUNTY, COMMONWEALTH OF ) NO. 04--6355 CIVIL TERM PENNSYLVANIA, FOR THE TOTAL ) RECONSTRUCTION OF THE ) PENNSYLVANIA TURNPIKE FROM ) MILE POST 214 TO 227, INCLUDING ) RECONFIGURATION OF ) IN REM INTERCHANGE 226, THE CARLISLE ) EMINENT DOMAIN INTERCHANGE (A PART OF ) PARCEL ID NOS, 21-18-1363-006 ) AND 21-18-363-056A) ) CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS 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 Amended 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 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. Sealed with the official seal of the said Commission and dated this f 9? day of '2004. M,e.rj?- Rebecca R. Troup Assistant Secretary-Treasurer PENNSYLVANIA TURNPIKE COMMISSION BY Mitchell Rubin Chairman EXHIBIT "D" Q[(,',RMV5 oec AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN NO. 04-6355 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 Amended Declaration of Taking are true and correct to the best of his knowledge, information and belief. Joseph G Brimmerier SWORN TO AND SUBSCRIBED BEFORE ME THIS /Y 'DAY OF 2005. NOTARY PUBLIC MY COMMISSION EXPIRES: NoWrW Seed Rowrrnn Nebktger NotaiyPubAc Mlddleb m Boro, t oupmr, county My commission Fires Apr. 26. 2007 Member, Pennsytvania Association Of Notanes PTC9/PASS?ET TO WD DEC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN NO. 04-6355 ORDER OF COURT AND NOW, to-wit, this day of 2005, the within Petition having been presented in open Court, and upon consideration thereof, upon the Motion of William P. Bresnahan, Esquire, attorney for Condemnor, the Court hereby grants permission to the Condemnor to file its Amended Declaration of Taking to be effective as December 17, 2004, as stated in the attached Petition to File Amended Declaration of Taking. BY THE COURT, J. nctvnsaeer m n DEC NO. 04-6355 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing PETITION FOR PERMISSION TO FILE AMENDED DECLARATION OF TAKING and NOTICE OF PRESENTATION were mailed the 15'' day of June, 2005, by U.S. Mail, First Class, Postage Prepaid, to the following parties: John M. Eakin, Esquire Market Square Building Mechanicsburg, PA 17055 0 FT 1 -n tY IT cn n `i? PTC]/PAS&?ET TO WD DEC NO, 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) RECEIVED AUG 26 2005 NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS ORDER OF COURT AND NOW, to-wit, this :aI day of 2005, the within Petition having been presented in open Court, and upon consideration thereof, upon the Motion of William P. Bresnahan, Esquire, attorney for Condemnor, the Court hereby grants permission to the Condemnor to file its Amended Declaration of Taking to be effective as December 17, 2004, as stated in the attached Petition to File Amended Declaration of Taking. COPY oJt ?e? 40 aPy ouv lr?ot -6 AEy B?snRkan '-a6-01 AAA TA., 6160 1?,7yq EZ =6 Hil 9Z 9nv soon k8VJgP jC - LUud ]Hi d0 "CJ/PASSfA DW NO. 04-6355 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) CIVIL DIVISION NO.04-6355 CIVIL TERM MEMO OF DEED BOOK VOLUME IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS FILED ON BEHALF OF: Pennsylvania Turnpike Commission COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire Pa. I.D.No. 00119 William P. Bresnahan, II, Esquire Pa. I.D. No. 85543 HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. 2901 Grant Building 330 Grant Street Pittsburgh.. PA 15219 (412) 355-7070 Finn ID No. 628 PTOIM63 T(C OP6 NO. 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS MEMO OF DEED BOOK VOLUME On August 26, 2005, NOTICE OF CONDEMNATION, in reference to the captioned action was recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Deed Book 720, Page 1189 HOLLINSHEAD, MENDELSON, BRES?NA?HAN &7NIXON, P.C. Dated: lcn, f u % , 2005 BY /v c? / 1 William P. Bresnahan, Esquire William P. Bresnahan, 11, Esquire 2901 Grant Building Pittsburgh, PA 15219 (412) 355 7070 Attorneys for the Pennsylvania Turnpike Commission Sworn to and subscribed before me this / S7- day of 20055, ?blxi& X?5Q't'? Notarial Seal 0 Nota blic Ek eth ?, Barker, r?Y Pub c .y. Pitlsburgn, Allegherry County MY COMMISSION EXPIRES: Lmy Cmwri lonExpiresAU!3.12,2006 Member, Panna"ria Asswatlon of Notaries PTO/PASSN0T1U0PWND 'Z 13(.oI.9- NO. 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) NO. 04-6355 CIVIL TERM C_. c, rn -, IN REM ;. EMINENT DOMAIN co ;' r-0 co - CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS NOTICE OF CONDEMNATION Notice is hereby given that the Pennsylvania Turnpike Commissionon? l• 12005, filed an Amended Declaration of Taking in the above Term and number in an action to condemn the land described in Exhibit "C" of the Amended Declaration of Taking, which is attached hereto and made a part hereof. The owners of said land as reasonably known to the Condemnor are: Gene M. Pass, Terry K. Pass and Charles A. Pass. Respectfully submitted;, HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. DATE ege-7.0, a? 2005 BY ?? / William P. Bresnahan, Esquire William P. Bresnahan, II, Esquire 2901 Grant Building 330 Grant Street Pittsburgh, PA 1.5219 (412) 355-7070 Attorneys for The Pennsylvania Turnpike BOOK 720 FACE 1189 Commission FTCVPASSNOTICE OF FUND NO. 04-6355 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ALLEGHENY Before me the undersigned authority, a Notary Public, in and for said County and Commonwealth, personally appeared WILLIAM P. BRESNAHAN, who, after having first been duly sworn according to law, deposes and says that he is authorized to and does make this Affidavit on behalf of the Pennsylvania Turnpike Commission, and that the averments contained and set forth in the foregoing Notice of Condemnation are true and correct to the best of his knowledge, information and belief. WIL:[,IAM P. BRESNAHAN SWORN TO AND SUBSCRIBED BEFORE ME THIS A61 DAY OF , 2005. NOT Y PUBLIC MY CON S$IQN EXPIRES: A::rte' NntaOai Seal ,?p:'? EfilBtieth,? Hamer '?I"Pudic y4 ?? (qty C1f Fr?ru . rv;,?Cgpy Crnnty My OMM43ft) Exµf,a Aug. 12,2006 Member,PerwtSylvenieAssoci OM OfNofaAes BOOK 720 PACE L190 PTC] A & DEC NO. 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE CIVIL DIVISION PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, COMMONWEALTH OF NO. 04-6355 CIVIL TERM PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE FROM MILE POST 214 TO 227, INCLUDING AMENDED DECLARATION OF RECONFIGURATION OF TAKING INTERCHANGE 226, THE CARLISLE INTERCHANGE (A PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363- IN REM 056A) EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS FILED ON BEHALF OF: Pennsylvania Turnpike Commission COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire Pa. I.D.No. 00119 William I?. Bresnahan, II, Esquire Pa. I.D. No. 85543 HOLLINSHEAD, MENDELSON, BRESNA HAN & NIXON, P. C. 2901 Grant Building 330 Grant Street t ' Pittsburgh, PA 15219 "rwf'o. try n5n (412) 355-7070 3 zx "f fea^ '?y f4 f ? 4,$itiixxAA''.?:j ppC;?iF ? '•?E,? Firm ID No. 628 BOOK 720 PACE 1191. M3 ASSIWDDEC NO. 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) 04-6355 CIVIL TERM NO . r r? f i r ' r, ? •l C IN REM r' EMINENT DOMAIN v - 0 e n 0 .. r cn CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS AMENDED DECLARATION OF TAKING The Pennsylvania Turnpike Commission files this Amended 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, §1, 26 P.S. §1-402 (1988) and respectfully declares the following: 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 §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 necessary or convenient for the construction or efficient operation of the Turnpike. BOOK 720 PAGE [M.? PfCLPAMY DDEC NO. 04-6355 3. On December 17, 2004, Condemnor filed a Decllaration of Taking in an action to condemn property situate in the Township of Middlesex, Cumberland County and consisting of 4.221 acres in fee and 1.630 acres as an easement for required substitute easement for Pennsylvania Power and Light Company, a partial take, as more fully described in the Declaration of Taking. 4. Since the filing of the Declaration of Taking, Condemnor has been advised that the nature of the title condemned as set forth in the Declaration of Taking needs to be revised. 5. Pursuant to a Petition for Permission to File Amended Declaration of Taking and Order of Court entered in connection therewith dated t5 2005, a copy of said Order being attached hereto and made a part hereof as Exhibit "A", Condemnor was granted permission to file an Amended Declaration of Taking to be effective as of December 17, 2004, so as to amend the nature of the title condemned as set forth in the Declaration of Taking. 6. This Amended 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 "B". 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 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. 8. The property condemned is situate in the Township of Middlesex, Cumberland County and consists of 4.221 acres in fee forrequired right-of-way for limited access and 1.630 acres 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 "C", attached hereto and made a part hereof. Plans showing the property condemned are, on the 2 BOOK 720 PACE U93 MNPASV? DEC NO. 04-6355 same day as this Amended 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. 9. The nature of the title condemned is: (a) fee simple absolute of the 4.221 acres for required right-of-way for limited access; and, (b) substitute easement for the Pennsylvania Power and Light Company ofthe 1.630 acres for providing, transmitting and/or distributing electric services together with the right, privilege and authority to install, use, operate, maintain, repair and finally remove power lines, together with necessary pules, anchors, guy wires and other apparatus thereto belonging, upon, over, along and across the aforesaid 1.630 acres, together with the right to enter upon said land at any time for such purposes. 10. A plan showing the condemned property may be inspected at the offices of SAI Consulting Engineers, Inc., 20 Erford Road, #110, LeMoyne, PA, during regular business hours. 11. The Condemnor files with this Amended 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 "D". Respectfully submitted, DATE J/ // S'/Oj- HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. William P. Bresnahan, Esquire William P. Bresnahan, II, Esquire 2901 Grant Building 330 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Attorneys for Pennsylvania Turnpike Commission BOOR '720 PAGE I m,j PI'CLVAS4IP¢T TO MID DEC NO. 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RECEIVED AUG 28 2005r IN RE: CONDEMNATION BY THE } PENNSYLVANIA TURNPIKE ) COMMISSION OF PROPERTY } LOCATED IN THE TOWNSHIP OF ) MIDDLESEX, CUMBERLAND ) COUNTY, COMMONWEALTH OF ) NO. 04-6355 CIVIL TERM PENNSYLVANIA, FOR THE TOTAL ) RECONSTRUCTION OF THE ) PENNSYLVANIA TURNPIKE FROM ) MILE POST 214 TO 227, INCLUDING ) RECONFIGURATION OF ) IN REIv[ INTERCHANGE 226, THE CARLISLE ) EMINENT DOMAIN INTERCHANGE (A PART OF ) PARCEL ID NOS, 21-18-1363-006 ) AND 21-18-363-056A) ) CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS ORDER OF COURT AND NOW, to-wit, this -Z.6- day of 2005 the within Petition having been presented in open Court, and upon consideration thereof, upon the Motion of William P. Bresnahan, Esquire, attorney for Condemnor, the Court hereby grants permission to the Condemnor to file its Amended Declaration of Taking to be effective as December 17, 2004, as stated in the attached Petition to File Amended Declaration of Taking. `` BOOK 720 MCEU9,5 = W B9/.b 415105 ORDER OF COURT EXHIBIT "A' No. 04-6355 BOOK 720 PAGE1196 Our Mission; To operate and manage a safe, reliable, cost effective and valued toll road system. ViNIIA TURN- PIKE 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 specifically includes property of Gene M. Pass, Terry K Pass and Charles A. Pass, Right of Way no. 3208-A, 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. § 652x) 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 Gene M. Pass, Terry K Pass and Charles A. Pass, Right of Way no. 3208-A, 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. EXHIBIT "B" E ? 1-877-736-6727 paturnpike.com BOOK 720 PACE 119 7 CERTIFICATION 1, RALPH M. BALLETS, 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_>Imutes of the Meeting of the Pennsylvania Turnpike Commission, held on the /L ay of O &t,- , 2004, in Highspire, Pennsylvania, at which a quorum was present, and that said resolution was unanimously adopted. WTTNESS my hand and the Official Seal of said Commission this Iray of Q6,1-06 Cr A.D. 2004. w Rhlphd6L. Bailets? ? t._ Assistant Secretary-Tre?sueer ;: 4 t , y7: ate' BOOK 720 PAGE 1198 P P h C U k94 um $ k % s m .? W :? av W i nF°r IIM ?I Ili 3 %Bll ?o% 7V ? E 1.1`19 4 a?CrSg a i .i i7 Sm $? ?' q r 3 m e 4a z? ? Q °,•m? 44 s ?8 ? FSmd 2 D W S C ?? U r 98. ??,q/ K ? .sue ? "i 4 y )q ?f e p4t a'. I z f d iF Ra I j 00 LR I ¦ 9 I apA? 8 8e ? •a1 !c I i` w a? I, a 8R ? ??. l i I ao Nn vJ ?R 4a i M g a I ', I g 9 iI . { Ig i gR g F: ? d 4 0. ua $< Na 3, 1 ) A f E lll /jp 9 q0y / 0. ?/ r / 8 i I ? d Y e / / I I ? a I / h P o? f I , d ? °Qi e ? f?/ 4/ y+ / ??5 i ' ?? ?mn?, ry s g r _ ?-, Sgt E3 Wi gg 8 4y$ ??4 4 M ? T ?g T 1 a °+ t ? y s - ? m 4?gb 8 +$ s a A ? gFkx \ \ ? ? y V gO t N 1\ & 9 ag Y y $ v am w A .1o 76 SPM awn o e ? ? ? ? o a BtiOt, rf `jO PAUE n l?Ee§'P?w V ?O fu 60 i??f?$ x Ra raf? 55 ' R b G.'dxagq? . Y a E 2g ?f , q{? d ?g ,g PK'J/va99,w me NO. 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: CONDEMNATION BY THE ) PENNSYLVANIA TURNPIKE } COMMISSION OF PROPERTY ) LOCATED IN THE TOWNSHIP OF ) MIDDLESEX, CUMBERLAND ) COUNTY, COMMONWEALTH OF ) NO. 04-6355 CIVIL TERM PENNSYLVANIA, FOR THE TOTAL ) RECONSTRUCTION OF THE ) PENNSYLVANIA TURNPIKE FROM ) MILE POST 214 TO 227, INCLUDING } RECONFIGURATION OF ) IN REM INTERCHANGE 226, THE CARLISLE ) EMINENT DOMAIN INTERCHANGE {A PART OF ) PARCEL ID NOS, 21-18-1363-006 ) AND 21-18-363-056A) ) CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS 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 Amended 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 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. 1 s Sealed with the official seal of the said Commission and dated this /952C day of PENNSYLVANIA TURNPIKE COMMISSION BY Mitchell Rubin Chairman. EXHIBIT "D" BOOK '72() PA6'E.12f)?_ yr 3, MSIu Dec NO. 04-6355 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. 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 Amended Declaration of Taking are true and correct to the best of his knowledge, information and belief. C Joseph G. Brimmerier Vk< ' 5?QiiI? AND SUBSCRIBED BEFORE ME THIS DAY OF 2005. NOTARY PUBLIC MY COMMISSION EXPIRES: 1 Certify this to be recorded fn Cumberland County PA Recorder of Deeds Noieral5eal Raann Nebinger„ Notary Public Middktom 13m, Daup* County My Commission Expires Apr. 26, 2007 Member, Pennsylvania Association Of Notaries BOOK 720 PAGE 12-03 EIC3TM A DEC NO. 04-6355 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing MEMO OF DEED BOOK VOLUME was mailed this day of 12005, by U.S. Mail, First Class, Postage Prepaid, to the following parties; John M. Eakin, Esquire Market Square Building Mechanicsburg, PA 17055 _? r o C ?,?:? T t'',,) Ia ??f1 .17 ?+? ? ...?-? _ ? j . -t i )F _` !?? t1 ?? -.f-? r :? _? ? "<. ?&AMDDW NO. 04-6355 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 CIVIL DIVISION NO.04-6355 CIVIL TERM PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE FROM AFFIDAVIT OF SERVICE MILE POST 214 TO 227, INCLUDING RECONFIGURATION OF INTERCHANGE 226, THE CARLISLE INTERCHANGE (A PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363- 056A) IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS FILED ON BEHALF OF: Pennsylvania Turnpike Commission COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire Pa. I.D.No. 00119 William P. Bresnahan, II, Esquire Pa. I.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 -PTC3/PASVAFF OF SERV A DDOT NO. 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ALLEGHENY BEFORE ME, the undersigned authority, personally appeared WILLIAM P. BRENSHAN, who being duly sworn according to law, states that on August 31, 2005, he caused to be mailed by First Class, Certified Mail, Return Receipt Requested, to. Gene M. Pass, Terry K. Pass and Charles A. Pass, a copy of the NOTICE TO CONDEMNEES OF FILING OF AMENDED DECLARATION OF TAKING, a copy of which is attached hereto as Exhibit "A". Also attached hereto and made apart hereof as Exhibit "B" is a copy of the return receipt card, evidencing that Gene M. Pass, Terry K. Pass and Charles A. Pass acknowledged receipt of said NOTICE TO CONDEMNEES OF FILING OF AMENDED DECLARATION OF TAKING on September 6, 2005. Dated: )% 7 2005 Sworn to and sub ribed before me this A? #, day of , 2005. Nq;Kxy Public MY COMMISSION EXPIRES: HOLLINSHEAD, MENDELSON, BRESN N & NIXON, P.C. BY /",6`/4., William P. Bresnahan, Esquire William P. Bresnahan, II, Esquire 2901 Grant Building Pittsburgh, PA 15219 (412) 355 7070 Attomeys for the Pennsylvania Turnpike Commission KCYPAS& TICEOFCO NO. 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS NOTICE TO CONDEMNEES TO: Gene M. Pass Terry K. Pass Charles A. Pass 291 Ridge Hill Mechanicsburg, PA 17055 You are hereby NOTICED 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 2005, 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 FTC)MF "OTIC2 OF COND NO. 04-6355 required to file preliminary objections within thirty (30) days after having been served with this NOTICE. PENNSYLVANIA TURNPIKE COMMISSION BY 'AG 7.3.2? William P. Bresnahan, Esquire William P. Bresnahan, II, Esquire 2901 Grant Building 330 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Attorneys for The Pennsylvania Turnpike commission naffl S&M DEC NO. 04-6355 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363- 056A) CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS CIVIL DIVISION NO. 04-6355 CIVIL TERM AMENDED DECLARATION OF TAKING IN REM EMINENT DOMAIN FILED ON BEHALF OF: Pennsylvania Turnpike Commission COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire Pa. I.D.No. 00119 William P. Bresnahan, II, Esquire Pa. I.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 v WASV/ Dn NO. 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 PART OF ) PARCEL ID NOS, 21-18-1363-006 ) AND 21-18-363-056A) ) NO. 04-6355 CIVIL TERM INREM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS AMENDED DECLARATION OF TAHING The Pennsylvania Turnpike Commission files this Amended 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, §1, 26 P.S. §1-402 (1988) and respectfully declares the following: 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 §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 necessary or convenient for the construction or efficient operation of the Turnpike. P]' FASVA DEC NO. 04-6355 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 of 4.221 acres in fee and 1.630 acres as an easement for required substitute easement for Pennsylvania Power and Light Company, a partial take, as more fully described in the Declaration of Taking. 4. Since the filing of the Declaration of Taking, Condemnor has been advised that the nature of the title condemned as set forth in the Declaration of Taking needs to be revised. 5. Pursuant to a Petition for Permission to File Amended Declaration of Taking and Order of Court entered in connection therewith dated U> 2005, a copy of said Order being attached hereto and made a part hereof as Exhibit "A", Condemnor was granted permission to file an Amended Declaration of Taking to be effective as of December 17, 2004, so as to amend the nature of the title condemned as set forth in the Declaration of Taking. 6. This Amended 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 "B". 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 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. 8. The property condemned is situate in the Township of Middlesex, Cumberland County and consists of 4.221 acres in fee for required right-of-way for limited access and 1.630 acres 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 "C", attached hereto and made a part hereof. Plans showing the property condemned are, on the 2 PTC3?A55(WD DEC NO. 04-6355 same day as this Amended 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, The nature of the title condemned is: (a) fee simple absolute of the 4.221 acres for required right-of-way for limited access; and, (b) substitute easement for the Pennsylvania Power and Light Company ofthe 1.630 acres forproviding, transmitting and/or distributing electric services together with the right, privilege and authority to install, use, operate, maintain, repair and finally remove power lines, together with necessary poles, anchors, guy wires and other apparatus thereto belonging, upon, over, along and across the aforesaid 1.630 acres, together with the right to enter upon said land at any time for such purposes. 10. A plan showing the condemned property may be inspected at the offices of SAT Consulting Engineers, Inc., 20 Erford Road, #110, LeMoyne, PA, during regular business hours. 11. The Condemnor files with this Amended 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 apart hereof as Exhibit "D". Respectfully submitted, HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. 'r11 S'/O j- BY ViL4 g" - William P. Bresnahan, Esquire William P. Bresnahan, II, Esquire 2901 Grant Building 330 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Attorneys for Pennsylvania Turnpike Commission P 01PASWZT TO WD DEC NO. 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) RECEIVED AM 26 2005 NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS ORDER OF COURT AND NOW, to-wit, this -- day of 2005, the within Petition having been presented in open Court, and upon consideration thereof, upon the Motion of William P. Bresnahan, Esquire, attorney for Condemnor, the Court hereby grants permission to the Condemnor to file its Amended Declaration of Taking to be effective as December 17, 2004, as stated in the attached Petition to File Amended Declaration of Taking. BY alli IT our Mission: To operate and manage a safe, reliable, cost effective and valued toll road system. IF 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 specifically includes property of Gene M. Pass, Terry K Pass and Charles A. Pass, Right of Way no. 3208-A, 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 Gene M. Pass, Terry K Pass and Charles A. Pass, Right of Way no. 3208-A, a partial take; BE IT FURTHER RESOLVED that the property necessary for the required rigbt-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. EXHIBIT "B" .E, C? 1-877-736-6727 paturnpike.com CERTIFICATION I, RALPH M. BAILETS, 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-Mnutes of the Meeting of the Pennsylvania Turnpike Commission, held on the [ ay of {abe. , 2004, in Highspire, Pennsylvania, at which a quorum was present, and that said resolution was unanimously adopted. WITNESS my hand and the Official Seal of said Commission this L? of 0 a?1-+6 e? A.D. 2004. e p . Bailets / Assistant Secretary-Treasurer 4z ? r 0, * £ w2- ?A 8 VC, p N? N Q9'Y` W M9]Syt?' 4 eII`4{ yy e$ $a g" F. r?'oq? so?"$ ?f?SS 5 ??m at ? mo N g 8 °~ iar r .? }u W ? m ? 6 w ? 0 1 W nAr aA Oj.? Ina"? .pA "" 9 "a ? b? a S'mr? H&?y$$c gg A? ?$$$XxP?S 5?ag°u??e z •?GF^ •GC? $p NN?• ea?}^7, ?JtH1'? It C a ? ar ;8 @ qqg gg gg gg¢: ha ? yg3?E? ?? &457?k?i4R?R?°? ? ? I17 1 ?c ?°° e e ptltltl? I y , Pc6 e ® 6b IZ ' MAI o'Sme x 3 ? 2, (b iF y'E@a dSa,? F ; 6 wwe - C R {` 8 ¢Fa ? i? ® pF? \ ? 4 $A $ 0? ,?I jt I I ' ?C®^r B ao' li LR g '*a ' m C Il ? I T ? I Sm 58 ?' ' m "°'? R ? ? ' i ?i? $? yy ? iF / I ? I '? ?9= ? e to ?nRe? I c m? R ? q 5? - ". I I ? I s ? t ffb?g ?xp?x _ o Ore. _ a J/. i R . a ??' c c ( 7 a am 0.` oID ??3?9 ? ?? y O S8# _ _ L * - F w u r q "3 °?g J j [gg[ p g £ '? y ? ? i r 0 / rt J /j ?' " ?' )paa 1 1 $ r ! ? %? IIg '? /? : j? 1 I i i e i p3 " tjl l ' ? 3 a` of •\ 'i f / i ii 1 . w} A }t $ gi 8 0 R a m D_ r/ y tsar \ F 1 8 ;: ?j m o E A ° Z2 b ? a 3E n S -t D D 3 R1 { N{ > m Qs -o wA ?, '{ re- i sJ i f i r f i°b. 1 d? La GG9EA ma °? ? Ggp?yw?Jg U$?mR ?y?B4 kFa P?Y PI£B lion".&y$.= qr? QB?e k§?Pq ??? ° rA a yoy 03, ar 8y ?" PI'C MN SIµ DEC NO. 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) CONDEMNEES: GENE M. PASS, TERRY K. NO, 04-6355 CIVIL TERM IN REM } EMINENT DOMAIN ) PASS AND CHARLES A. PASS BOND KNOW ALL MEN BY THESE PRESENTS that the Pennsylvania Tumpike 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 Amended 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 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. y??lSealed with the official seal of the said Commission and dated this /T day of 2004. ATT T: Rebecca R. Troup Assistant Secretary-Treasurer PENNSYLVANIA TURNPIKE COMMISSION YL BY ? bIL --?? Mitchell Rubin Chairman EXHIBIT "D" • P'IL3NA95/ATm DEC AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN NO. 04-6355 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 Amended Declaration of Taking are true and correct to the best of his knowledge, information and belief. Joseph G. Brimmerier SWORN TO AND SUBSCRIBED BEFORE ME THIS /Y 'DAY OF 2005• NOTARY PUBLIC MY COMMISSION EXPIRES: Ftamnn Notarial S" Nofery Public Middletown Boro, DaupMn County My Commission E*m Apr. 26, 2007 Member, Pennsylvania Association Oi Notaries ¦ Complete Items 1, 2, and 3. Also complete ?ire' - A. Sign Item .4 If Restricted Delivery is desired. E3 Agent ¦ Print your name and address on the reverse Addre so that we can return the card to you. g e Iva P? d !an e) C. Date of Dell ¦ Attach this card to the back of the mailpiece, r or on the front If space permits. d b . D. Isdalker addrese different from em 1? ? Yes 1. Article Addressed to: delivery address below: Gene M. pass Terry K. Pass Charles A. Pass SEP 291 Ridge Hill -62M5 Mechanicsburg, PA 17055 SerWoeT -rrT?W§istered ? Return Receipt for Merchandise f] Insured Mall f] C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Artlcle Number (frarrsfer from sendce lsoe!) 7005 0390 0002 0423 0283 PS Form 3811, February 2004 Domestic Return Receipt 102595u2-W1e40 i EXHIBIT B ?. 1f'?j'y` 3 A `PTO/PASV/ DEC NO. 04-6355 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing AFFIDAVIT OF SERVICE was mailed this ? day of , 2005, byU.S. Mail, First Class, Postage Prepaid, to the following parties: John M. Eakin, Esquire Market Square Building Mechanicsburg, PA 17055 3 Z4' n ?' O [n --1 Do W PTC3/9@/05 No. 04-6355 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 PART OF PARCEL ID NO. 21-18-1363-066 AND 21-18-363-056A) NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN PETITION FOR THE APPOINTMENT OF A BOARD OF VIEWERS CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS FILED ON BEHALF OF: The Pennsylvania Turnpike Commission, Defendant-Condemnor COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire Pa. I.D.No. 00119 William P. Bresnahan, II, Esquire Pa. I.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 PTC3/9/2/05 No. 04-6355 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 PART OF PARCEL ID NO. 21-18-1363-066 AND 21-18-363- 056A) CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN PETITION FOR THE APPOINTMENT OF A BOARD OF VIEWERS The Petition of THE PENNSYLVANIA TURNPIKE COMMISSION respectfully represents: 1. The Defendant-Condemnor is the Pennsylvania Turnpike Commission with its principal office at Exit 247 of the Pennsylvania Turnpike system located in Lower Swatara Township, Dauphin County, Pennsylvnaia. Its post office address is P.O. Box 67676, Harrisburg, PA 17106-7676. 2. The Plaintiffs-Condemnees are GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS, with an address of 291 Ridge Hill, Mechanicsburg, PA 17055. On December 17, 2004, the Plaintiffs-Condemnees were the owners of real property located in the Township of Middlesex, Cumberland County, consisting of 17.851 acres from which Defendant- Condemnor condemned 4.221 acres in fee simple and 1.630 acres as an easement for required substitute easement for Pennsylvania Power and Light Company, a partial take„ more fully described in the Amended PTC3/9/2/05 No. 04-6355 Declaration of Taking filed at 04-6355. 4. On August 26, 2005, the Defendant-Condemnor filed an Amended Declaration of Taking in the Office of the Prothonotary of Cumberland County and in the Office of the Recorder of Deeds of Cumberland County, effective as of the date of the original Declaration of Taking, i.e., December 17, 2004, wherein it clarified the property taken aforementioned owned by the Plaintiff-Condemnees. No Preliminary Objections were filed by Plaintiffs-Condemnees. The interest of the Plaintiffs-Condemnees was that of ownership in fee simple. 6. By statutory enactment the Defendant-Condemnor is liable for the payment of damages to the Plaintiffs-Condemnees for the condemnation, acquisition and taking of their property interest. 7. Plaintiffs-Condemnees and Defendant-Condemnor have been unable to agree upon the just compensation to be made for the taking. The Defendant-Condemnor prays your Honorable Court to appoint a Board of Viewers to ascertain the just compensation in accordance with the law and provided as being due the Plaintiffs- Condemnees by reason of the condemnation and taking of a portion of their property interest. AND DEFENDANT-CONDEMNOR WILL EVER PRAY. DATE Z ?4? Respectfully submitted, HOLLINSHEAD, MENDELSON, BRESNAHAN NIXON, . ?P.C BY William -- P. Bresnahan, Esquire William P. Bresnahan, II, Esquire 2901 Grant Building Pittsburgh, PA 15219 (412) 355-7070 Attorneys for Defendant-Condemnor PTC/AFFlDAVIT AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS. Before me the undersigned authority, a Notary Public, in and for said County and Commonwealth, personally appeared WILLIAM P. BRESNAHAN, who, after having first been duly sworn according to law, deposes and says that he is authorized to and does make this Affidavit on behalf of the Pennsylvania Turnpike Commission, and that the averments contained and set forth in the foregoing Petition for the Appointment of a Board of Viewers are true and correct to the best of his knowledge, information and belief. WILLIAM P. BRESNAHAN SWORN TO AND SUBSCRIBED BEFORE ME THIS --e l. DAY OF ? , 2006. rZi,), c4t66Q `Gat- NOTAJ& PUBLIC MY COMMISSION EXPIRES: Notarial Seal - Elizabo J. Barker, Notary Public CIV Of PiMsbu rg , AllegheM County My Convrission Expires Aug. 12, 2006 Member, Pennsylvania Association Of Notaries r ? / ) A, ?. _ ?.? fi ? ?s_ ? ._ ' ?y C.i i ; . __r ?'? .mss l - , C ay ; -?? i ` '°L ?.,.? PTC3/9/2/05 JUN 1 6 2006 No. 04-6355 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 PART OF PARCEL ID NO. 21-18-1363-066 AND 21-I8-363-056A) CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN ORDER OF COURT AND NOW, to-wit, this o& day of 204, the within Petition having been presented in Open Court, upon consideratio thereof and upon motion of Hollinshead, Mendelson, Bresnahan & Nixon, P.C. and William P. Bresnahan and William P. Bresnahan 11, Attorneys for Defendant- Condemnor, t e Court hereb appoint G(ltcG aN7_d__ _4244CiU?. ane as Viewers, as provid law t ew the premises and to ascertain and assess s h d ges as they may find to have been caused to Plaintiff-Condemnees' property by reason of the condemnation and taking within mentioned. 3 P 'rv 0.? 0 1, ?o ?U ?nn,j ?1 Z :01 I'l 10' E, ?33GZ n FWWASSIAMD DEC NO. 04-6355 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363- 056A) CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS CIVIL DIVISION NO. 04-6355 CIVIL TERM PETITION FOR PERMISSION TO FILE SECOND AMENDED DECLARATION OF TAKING IN REM EMINENT DOMAIN 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, H, 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 PTOAPA.gBIPL+7' TO AMD DEC NO. 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS NOTICE OF PRESENTATION TO: John M. Eakin, Esquire Gene M. Pass Market Square Building Terry K. Pass Mechanicsburg, PA 17055 Charles A. Pass 291 Ridge Hill Mechanicsburg, PA 17055 PLEASE TAKE NOTICE that the within PETITION FOR PERMISSION TO FILE SECOND AMENDED DECLARATION OF TAKING will be presented to the Motions Judge of the Court of Common Pleas of Cumberland County, Pennsylvania on at 9 "10A' or as soon thereafter as meets the convenience of the Court. HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. BY 4,?? I . William P. Bresnahan, Esquire David L. Nixon, Esquire William P. Bresnahan II, Esquire Attorneys for The Pennsylvania Turnpike Commission PTCARASSM 9O SECOND AMD DEC NO. 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS PETITION FOR PERMISSION TO FILE SECOND AMENDED DECLARATION OF TAKING The Petition of the Pennsylvania Turnpike Commission respectfully represents: 1. The Condemnor is the Pennsylvania Turnpike Commission, an instrumentality of the Commonwealth of Pennsylvania, with its principal office at Exit 19 on the Pennsylvania Turnpike System, located in Lower Swathara, Dauphin County, Pennsylvania. Its post office address is P.O. Box 67676, Harrisburg, Pennsylvania 17106-7676. 2. The Condemnees are Gene M. Pass, Terry K. Pass and Charles A. Pass. 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 of 4.221 acres in fee and 1.630 acres as an easement for required substitute easement for Pennsylvania Power and Light Company, a partial take, as more fully described in the Declaration of Taking. 4. On August 26, 2005, Condemnor filed an Amended Declaration of Taking. PTC5/PASS/PET TO SECOND AMD DEC NO. 04-6355 5. Since the filing of the Declaration of Taking and Amended Declaration of Taking, Condemnor has been advised that the plan of the property attached to the Declaration of Taking and Amended Declaration of Taking needs to be revised as more fully set forth as Exhibit "A" attached hereto. 6. Hon. Edgar B. Bayley previously granted a motion for permission to file a first amended Declaration of Taking which was filed August 26, 2005. 7. Condemners, Gene Pass, Terry K. Pass and Charles A. Pass, by their attorney John M. Eakin have been put on notice of the Petition and consent to the Petition of Condemnor to file a Second Amended Declaration of Taking. WHEREFORE, the Condemnor prays your Honorable Court for permission to file its Second Amended Declaration of Taking to be effective as of December 17, 2004 so as to amend the plan of the property attached to the Declaration of Taking and Amended Declaration of Taking. AND IT WILL EVER PRAY. Respectfully submitted, HOLLINSHEAD, MENDELSON, BRESN & NIXON, P.C. DATE ?T oo BY / -?? William P. Bresnahan, Esquire David L. Nixon William P. Bresnahan, U, Esquire 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Attorneys for the Pennsylvania Turnpike Commission Consented to: 1 ? l , rl", John Esquire Attorney or Condemners, Gene M. Pass, Terry K. Pass and Charles A. Pass DATE -61- -z., U 7 11 fC MIASS, A ID DEC AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN NO. 04-6355 Joseph G. Brimmeier, being duly sworn according to law, deposes and says that he is the Chic!' 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 Second Amended Declaration of Taking are true and correct to the best of his knowledge, information and belief. G. Brimmerier SWORN TO AND SUBSCRIBED BEFCeF, OBE THIS i ## DAY OF , 2007. NOTARY PUBLIC MY COMMISSION EXPIRES: COMMONw?u'Tt? of PENNSYLVANIA No" SON Paseam Nabinger, NoWy PLOC Mdcleeo"Ii Bore, Ceuphin 0=* My Corm on Ernes Apd A 2011 Member. Pewyivenis Anochfflon of NoterMe ppC3MASWMT TO AMD DEC NO. 04-6355 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing PETITION FOR PERMISSION TO FILE SECOND AMENDED DECLARATION OF TAKING and NOTICE OF PRESENTATION was hand delivered this °day of , 2007, to the following: John M. Eakin, Esquire Market Square Building Mechanicsburg, PA 17055 4'? 7. &"'? A Q I,-. VA 1 YI\X t M j rY +tii A ®3t 11 M m 0 w ow •O v ;® av erg pg, ?y / f oQ 1 ? \ •e a \\ ? \ a i o ? i ? I m k m 4 JY m v 1 pp?" m m a -4 W s o W $ '"A MI x i li ipli I V o j. <if III RAI <o o 41 »a:?o Pa eQ r Ov ? nartio?? a? ?war?oev saspp »ar.aesvs narro?va lit 9 -jr5 :9 alit .! 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V PrC31PASSMET TO AMP D6C NO. 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS ORDER F COURT AND NOW, to-wit, this day of '2007, the within Petition having been presented in open Court, and upon consideration thereof, upon the Motion of William P. Bresnahan, Esquire, attorney for Condemnor, and the consent by John M. Eakin, attorney for Condemnees, the Court hereby grants permission to the Condemnor to file its Second Amended Declaration of Taking to be effective as of December 17, 2004, as stated in the attached Petition to File Second Amended Declaration of Taking. J. n LLI PCC3/PASS/AMD DEC NO. 04-6355 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS CIVIL DIVISION NO. 04-6355 CIVIL TERM SECOND AMENDED DECLARATION OF TAKING IN REM EMINENT DOMAIN FILED ON BEHALF OF: Pennsylvania Turnpike Commission COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire Pa. I.D.No. 00119 William P. Bresnahan, II, Esquire Pa. I.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 PrMPAMSECOND AID DEC NO. 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS SECOND AMENDED DECLARATION OF TAKING The Pennsylvania Turnpike Commission files this Amended 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, §1, 26 P.S. §1-402 (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 §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 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 of 4.221 acres in fee and PMMASSWCOM AID DEC NO. 04-63 5 5 1.630 acres as an easement for required substitute easement for Pennsylvania Power and Light Company, a partial take, as more fully described in the Declaration of Taking. 4. On August 26, 2005, Condemnor filed an Amended Declaration of Taking. 5. Since the filing of the Amended Declaration of Taking, Condemnor has been advised that the plan of the property attached to the Declaration of Taking and Amended Declaration of Taking needs to be revised. 6. Pursuant to a Petition for Permission to File Second Amended Declaration of Taking and Order of Court entered in connection therewith dated lp.A A? 5- , 2007, a copy of said Order being attached hereto and made a part hereof as Exhibit "A", Condemnor was granted permission to file a Second Amended Declaration of Taking to be effective as of December 17, 2004, so as to amend the plan of the property attached to the Declaration of Taking and Amended Declaration of Taking. 7. This Second Amended 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 "B". The record thereof may be examined at the Pennsylvania Turnpike Commission's Central Office at Exit 247 of the Pennsylvania Turnpike. 8. 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. 9. The property condemned is situate in the Township of Middlesex, Cumberland County and consists of 4.221 acres in fee for required right-of-way for limited access and 1.630 acres 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 "C", attached hereto and made a part hereof. Plans showing the property condemned are, on the same day as this Second Amended Declaration FrOMAS&SEMND AID DEC NO. 04-6355 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. 10. The nature of the title condemned is: (a) fee simple absolute of the 4.221 acres for required right-of-way for limited access; and, (b) substitute easement for the Pennsylvania Power and Light Company of the 1.630 acres for providing, transmitting and/or distributing electric services together with the right, privilege and authority to install, use, operate, maintain, repair and finally remove power lines, together with necessary poles, anchors, guy wires and other apparatus thereto belonging, upon, over, along and across the aforesaid 1.630 acres, together with the right to enter upon said land at any time for such purposes. 11. A plan showing the condemned property may be inspected at the offices of SAI Consulting Engineers, Inc., 20 Erford Road, #110, LeMoyne, PA, during regular business hours. 12. The Condemnor files with this Amended 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 "D". Respectfully submitted, DATE kg uSfi ?`1. '10 6 HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. BY %G 7, William P. Bresnahan, Esquire David L. Nixon William P. Bresnahan, II, Esquire 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Attorneys for Pennsylvania Turnpike Commission PTOTASSIAMD DEC NO. 04-6355 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN Joseph G. Brimineier, 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 Second Amended Declaration of Taking are true and correct to the best of his knowledge, information and belief. .r '%.- SWORN TO AND SUBSCRIBED BEFO THIS 104 DAY OF 12007. 6?44 ?? ?2 NOTARY PUBLIC Joseph G. Brimmerier MY COMMISSION EXPIRES: COMMONWF?? TH OF PENNSYLVANIA Nota" sew R--111 NebkW' NW1ryPUWC 20ppA2g 11 Not Member. Pennsovanis Association of Notaries PTCUPASSMET TD AMID DEC NO. 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS ORDER OF COURir AND NOW, to-wit, this day of in hn? LD N , 2007, the within '5?3 Petition having been presented in open Court, and upon consideration thereof, upon the Motion of William P. Bresnahan, Esquire, attorney for Condemnor, and the consent by John M. Eakin, attorney for Condemnees, the Court hereby grants permission to the Condemnor to file its Second Amended Declaration of Taking to be effective as of December 17, 2004, as stated in the attached Petition to File Second Amended Declaration of Taking. It -A I ?,. ,t BY THE COURT, Our Mission: To operate and. manage a safe, reliable, cost effective and valued toll road system. f'':- .tJ4 TURN- PIKE 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 specifically includes property of Gene M. Pass, Terry K. Pass and Charles A. Pass, Right of Way no. 3208-A, 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 Gene M. Pass, Terry K. Pass and Charles A. Pass, Right of Way no. 3208-A, 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. EXHIBIT "B" 1-877-736-6727 paturnpike.com CERTIFICATION I, RALPH M. BALLETS, Assistant Secretary-Treasurer of the Pennsylvania Turnpike Commission, do hereby certify the foregoing to be a true and correct copy of an excerpt of theMinutes of the Meeting of the Pennsylvania Turnpike Commission, held on the , /? ay of 6d4 ,e,, , 2004, in Highspire, Pennsylvania, at which a quorum was present, and that said resolution was unanimously adopted. WITNESS my hand and the Official Seal of said Commission this If ! day of 0644 t? A.D. 2004. 191plA. 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I>:Im m Z m P O q D Oil? o -? ao g Z vii .gppi A rb s n m x + = I?1 \L O of H N a rrOMASSAMD DEC NO. 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE ) COMMISSION OF PROPERTY ) LOCATED IN THE TOWNSHIP OF ) MIDDLESEX, CUMBERLAND ) COUNTY, COMMONWEALTH OF } NO. 04-6355 CIVIL TERM PENNSYLVANIA, FOR THE TOTAL ) RECONSTRUCTION OF THE ) PENNSYLVANIA TURNPIKE FROM ) MILE POST 214 TO 227, INCLUDING ) RECONFIGURATION OF ) IN REM INTERCHANGE 226, THE CARLISLE ) EMINENT DOMAIN INTERCHANGE (A PART OF ) PARCEL ID NOS, 21-18-1363-006 ) AND 21-18-363-056A) ) CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS 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 Amended 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 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. Sealed with the official seal of the said Commission and dated this /9!? day of &4?_ -, 2004. ATT T: Rebecca R. Troup Assistant Secretary-Treasurer PENNSYLVANIA TURNPIKE COMMISSION BY Mitchell Rubin Chairman EXHIBIT "D" O .C- r_ PTC6/PASSIPET THIRD AMD DEC NO. 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS PETITION FOR PERMISSION TO FILE THIRD AMENDED DECLARATION OF TAKING The Petition of the Pennsylvania Turnpike Commission respectfully represents: 1. The Condemnor is the Pennsylvania Turnpike Commission, an instrumentality of the Commonwealth of Pennsylvania, with its principal office at Exit 19 on the Pennsylvania Turnpike System, located in Lower Swathara, Dauphin County, Pennsylvania. Its post office address is P.O. Box 67676, Harrisburg, Pennsylvania 17106-7676. 2. The Condemnees are Gene M. Pass, Terry K. Pass and Charles A. Pass. 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 of 4.221 acres in fee and 1.630 acres as an easement for required substitute easement for Pennsylvania Power and Light Company, a partial take, as more fully described in the Declaration of Taking. 4. On August 26, 2005, Condemnor filed an Amended Declaration of Taking and on September 10, 2007, Condemnor filed a Second Amended Declaration of Taking. PTC6/PASS/PET THIRD AMD DEC NO. 04-6355 5. Since the filing of the Declaration of Taking, Amended Declaration of Taking, and Second Amended Declaration of Taking, Condemnor has been advised that the title block of the plan of the property attached to the Declaration of Taking, Amended Declaration of Taking and Second Amended Declaration of Taking needs to be revised as more fully set forth on Exhibit "A" attached hereto. 6. Condemnees, Gene M. Pass, Terry K. Pass and Charles A. Pass, by their attorney, John M. Eakin, consent to this Petition and the Condemnor filing a Third Amended Declaration of Taking as set forth herein. 7. WHEREFORE, the Condemnor prays your Honorable Court for permission to file its Third Amended Declaration of Taking to be effective as of December 17, 2004 so as to amend the title block of the plan of the property attached to the Declaration of Taking, Amended Declaration of Taking and Second Amended Declaration of Taking. AND IT WILL EVER PRAY. DATE L J .200 ' Respectfully submitted, HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. BY . 7>- ? .? William P. Bresnahan, Esquire David L. Nixon William P. Bresnahan, II, Esquire 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Attorneys for The Pennsylvania Turnpike Commission Consented to: -w , ??k DATE John M. Eakin squire Attorney for C emnees, Gene M. Pass, Terry K. Pass and Charles A. Pass PTC3/PASS/PET TO AMD DEC CERTIFICATE OF SERVICE NO. 04-6355 I hereby certify that a true and correct copy of the foregoing PETITION FOR PERMISSION TO FILE THIRD AMENDED DECLARATION OF TAKING and NOTICE OF PRESENTATION was hand delivered this day of , 2008, to the following: John M. Eakin, Esquire Market Square Building Mechanicsburg, PA 17055 m o m 0 o° r O o° ? <3 a? O $cwcMAN F "gym $z E`3?Y,R ? m ? oD 6 Z ib ?T F? t Do + ?o ??at Ly ix oy C m= L ? Dr Z Z N r G (n Z ? 2 0 m m a z ? O m n '*t -a I w h g n ti h u? a a b0 ti ao Wo 0 a ea= a h n n? 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"`ti ).,? 1 NO. 04-6355 PTC31PASSIPEf TO AMD DEC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JUL 3 ? 20 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS ORDER OF COURT AND NOW, to-wit, this day of 1) , 2008, the within Petition -,A- having been presented in open Court, and upon consideration tupon the Motion of William P. Bresnahan, Esquire, attorney for Condemnor, and the consent by John M. Eakin, attorney for Condemnees, the Court hereby grants permission to the Condemnor to file its Third Amended Declaration of Taking to be effective as of December 17, 2004, as stated in the attached Petition to File Third Amended Declaration of Taking. J. dry ti J / ! -? pl Q Lull LIJ ct O clv C? PTC61PASSIAMD DEC NO. 04-6355 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363- 056A) CIVIL DIVISION NO. 04-6355 CIVIL TERM THIRD AMENDED DECLARATION OF TAKING IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS 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 330 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Firm ID No. 628 . PTCb/PASNPHIRD AMID DEC NO. 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS THIRD AMENDED DECLARATION OF TAKING The Pennsylvania Turnpike Commission files this Third Amended 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, §1, 26 P.S. §1-402 (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 §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 necessary or convenient for the construction or efficient operation of the Turnpike. PI'C6/PAS&gMRD AMID DEC NO. 04-6355 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 of 4.221 acres in fee and 1.630 acres as an easement for required substitute easement for Pennsylvania Power and Light Company, a partial take, as more fully described in the Declaration of Taking. 4. On August 26, 2005, Condemnor filed an Amended Declaration of Taking and on September 10, 2007, Condemnor filed a Second Amended Declaration of Taking. 5. Since the filing of the Declaration of Taking, Amended Declaration of Taking and Second Amended Declaration of Taking, Condemnor has been advised that the title block of the plan of the property attached to the Declaration of Taking, Amended Declaration of Taking and Second Amended Declaration of Taking needs to be revised. 6. Pursuant to a Petition for Permission to File Third Amended Declaration of Taking and Order of Court entered in connection therewith dated July 30, 2008, a copy of said Order being attached hereto and made a part hereof as Exhibit "A", Condemnor was granted permission to file a Third Amended Declaration of Taking to be effective as of December 17, 2004, so as to amend the title block of the plan of the property attached to the Declaration of Taking, Amended Declaration of Taking and Second Amended Declaration of Taking. 7. This Third Amended 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 "B". The record thereof may be examined at the Pennsylvania Turnpike Commission's Central Office at Exit 247 of the Pennsylvania Turnpike. 2 PTC6(PASS/PHIRD AMD DEC NO. 04-6355 8. 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. 9. The property condemned is situate in the Township of Middlesex, Cumberland County and consists of 4.221 acres in fee for required right-of-way for limited access and 1.630 acres 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 "C", attached hereto and made a part hereof. Plans showing the property condemned are, on the same day as this Third Amended 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. 10. The nature of the title condemned is: (a) fee simple absolute of the 4.221 acres for required right-of-way for limited access; and, (b) substitute easement for the Pennsylvania Power and Light Company of the 1.63 0 acres for providing, transmitting and/or distributing electric services together with the right, privilege and authority to install, use, operate, maintain, repair and finally remove power lines, together with necessary poles, anchors, guy wires and other apparatus thereto belonging, upon, over, along and across the aforesaid 1.630 acres, together with the right to enter upon said land at any time for such purposes. 11. A plan showing the condemned property may be inspected at the offices of SAI Consulting Engineers, Inc., 20 Erford Road, #110, LeMoyne, PA, during regular business hours. 12. The Condemnor files with this Third Amended Declaration of Taking its Open End Bond without surety pursuant to Section 403 (a) of the Eminent Domain Code of 1964. Just 3 PfC6IPA%'rHfltD AID DEC NO. 04-6355 Compensation is made or secured by the filing of said Bond, attached hereto and made a part hereof as Exhibit "D". Respectfully submitted, HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. DATE ?//3 119 BY PZ- , William P. Bresnahan, Esquire David L. Nixon, Esquire William P. Bresnahan, II, Esquire 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Attorneys for Pennsylvania Turnpike Commission 4 PTC3/PASSWET TO AMD DEC NO. 04-6355 J0\- 3 ? "? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS ORDER OF COURT AND NOW, to-wit, this _ Dom` day of , 2008, the within Petition having been presented in open Court, and upon consideration thereof, upon the Motion of William P. Bresnahan, Esquire, attorney for Condemnor, and the consent by John M. Eakin, attorney for Condemnees, the Court hereby grants permission to the Condemnor to file its Third Amended Declaration of Taking to be effective as of December 17, 2004, as stated in the attached Petition to File Third Amended Declaration of Taking. BY THE COURT, 'd?"l J. tie, EXHIBIT "A" Our Mission: Pennsylvania Turnpike Commission To operate America's First Superhighway and manage a safe, reliable, cost effective and valued toll road system. 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 Gene M. Pass, Terry K. Pass and Charles A. Pass, Right of Way no. 3208-A, 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 Gene M. Pass, Terry K. Pass and Charles A. Pass, Right of Way no. 3208-A, 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. EXHIBIT "B" E 'z 1-877-736-6727 pa turnpike. corn CERTIFICATION I, RALPH M. BAILETS, 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 inutes of the Meeting of the Pennsylvania Turnpike Commission, held on the Zf ay of C)64er , 2004, in Higlispire, Pennsylvania, at which a quorum was present, and that said resolution was unanimously adopted. f4-.- WITNESS my hand and the Official Seal of said Commission this /,Q day of 6Z344 It, A.D. 2004. lpl . 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Ia DAL'., I m \ a? .I m D N m m = IIN ? ? m m I I >i F \\ \ 2. 25 a D D r rm Gn mmm m pk p m --4 zY ?a? w ? m a O E (?I ?mAry°?? ° A A m n . . . x .. u20i [? mAr yOa'9 mAryO» A =?WLNO?y y A .. ?O W On O.H D A? m 5m,1111 f:oO ?Oy A qy < ?°-'$. Co!Nof wew'Ip??>mm >?wN?n am ogwo V A y °j°??"owm °D°ing o6- _i Aw F Au ri oru ?n tim m_ yw? A -1 0 m r ?9 A mAryOdV A aW mNUy ?? _v+yA _ tom°10 D mm wgwm4ea nm inm• mmmax x F oo^ r ii?x yOSnm p yoq?m_ °D wcDw i^,_ n° mod. m .- H mm?r aK?m y _ .oeupo,o CC mm00 mZAN P?2 -n Y-D ya2 DZm22m2 O Z~NNCwO Om AyD-j2 9 y0A00 C NWm- ?a m Sm?m Ky0'I< A ?1?•I=9 D?2o -Ir2m pYNn mo oApz Hm <yN cym ?=°z ??gy^ vai ° F m mDD 'rp ~wD° LOmA ODOR ObW E48 G.- pXl OmylD' =?AD O p?KZN? ZN?D ym?? D n Nxo On.2"° y0 i-OA?vT HTNA mMmz z° _A oA ya n°o Comm y°? '" m<o;?; obi A?m N «2 °aio ym ? yySA? mf z° DNCti 2N Om OOm'?9 m D Z?C R. Arpml=•I°N 1•IAm° AO-Im O AA D2 2 DApw< and o Om x _E, Z om nmA o?AD n r'?m A<0 oc?? m~D4) 3 0AA -Iar m yom iyy_A D m t°O ?mm Am SDI $m? OmOymm N °mOy y mox6 c° ryF°n ?nAn F. m" o r mao rm-o-' tp t" °anm amp fA?j ? _ ypmi ° mm3a< EXHIBIT "Co LSD R 'n ohm^°> r' D 2 \1rnJ O* `\ f m m ??-nz. . milli _ O =mn_ ao R1 m?o$a ra -I ym A ;o ID oz - /:dim - E I I Z I I i? I ma w ?? m j't I m° n I $o ? i .S R a 1 I I I I ?o WI I'. lu Rw 2 am a; La ?u AN lot b Nn Sy 2a ? l'J F .+mlo g ?! yn u aN m ? ?wa na \o BB \ V ,r I?. ,a toil 0\i. iif I I r/ r ?q (? ?\ y d y? \I I gv v 0 v m r P O D F ° v - D ^ m N v N 0 3v ? ?D z N< D W? mm ? OZ m N N x7 JC O i 25 z N S m -i N I O T W IU 7 AS n ?? I I '?RSMp q .? / I ? I I Hp- ~ I I ml I m ? ? Y V ?f A£p plc o?v c 7 zg C ro A ^ti g Ss a d H ® vaa W-M YA NL m'?O N? N$7 N nEm io o o v Y? o ? , R7 . 9 y ? j C \ O 1 +? /y L 4 a ? ! ? a 11 O 3 O A a z < m D 3v < n < N< D rn r D WA mm c 1 o 0O OZ ? o ? m ? a N R m O ? . £ o D A v0 OO Oo W ? y - O ? D Z ut o n ? n le. n \ 1 ? $G O Y? ?HN A / ryti v im 3y ? ^S F ?d ... `,qo f ? a F"? ?o d 1 j3 pgS 53? 5 , \T2 N ^^s \ o? vg -- ?n aw a? \ \ _ ? ' m ? 9 A [[i _ ' nn O - 2 tit i J ` 61 9 9 g i w \ Fn f z - NS?P e: ? mSmo?> $m ?m m m m ? 9m oEwwm-m ? N??- >?Um ?f ? E r P OPASSIAMD DEC NO. 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: CONDEMNATION BY THE j PENNSYLVANIA TURNPIKE ) COMMISSION OF PROPERTY ) LOCATED IN THE TOWNSHIP OF ) MIDDLESEX, CUMBERLAND ) COUNTY, COMMONWEALTH OF ) NO. 04-6355 CIVIL TERM PENNSYLVANIA, FOR THE TOTAL } RECONSTRUCTION OF THE ) PENNSYLVANIA TURNPIKE FROM ) MILE POST 214 TO 227, INCLUDING ) RECONFIGURATION OF ) IN REM INTERCHANGE 226, THE CARLISLE ) EMINENT DOMAIN INTERCHANGE (A PART OF ) PARCEL ID NOS, 21-18-1363-006 ) AND 21-18-363-056A) ) CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS 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 Pennsyl ? ania for the use and benefit of the owner or owners of the property interests which have been condemned by the Amended 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 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. 4_G41? Sealed with the official seal of the said Commission and dated this day of 2004. ATT T: P i Rebecca R. Troup Assistant Secretary-Treasurer PENNSYLVANIA TURNPIKE COMMISSION BY Mitchell Rubin Chairman EXHIBIT "D" PTC31PArAMD DEC NO. 04-6355 AFFIDAVIT 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 Third Amended Declaration of Taking are true and correct to the best of his knowledge, information and belief. SWORN TO AND SUBSCRIBED THIS DAY OF G,,& , 2008. 2?? 2L&i? NOTARY PUBLI MY COMMISSION EXPIRES: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Roseann NebkW, Notary Public Middletown Boro, Dauphin Courtly My Commission E)ires April 26, 2011 Member, Pennsylvania Association of Notaries t i? a- FMOPASS(A).E) DEC NO. 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE CIVIL DIVISION PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, COMMONWEALTH OF NO. 04-6355 CIVIL TERM 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 NOS, 21-18-1363-006 AND 21-18-363- 056A) CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS MEMORANDUM OF DEED BOOK VOLUME IN REM EMINENT DOMAIN 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 330 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Firm ID No. 628 PTC6IPAMMAO DBV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS MEMO OF DEED BOOK VOLUME On September 8, 2008, NOTICE OF CONDEMNATION of the filing of the Declaration of Taking, in reference to the captioned action was recorded in the Recorder of Deeds of Cumberland County, Pennsylvania, at Instrument No. 200830366. HOLLINSHEAD, MENDELSON, BRESNAHAN NIXON, P.C. Dated: , 2008 BY William P. Bresnahan, Esquire David L. Nixon William P. Bresnahan, II, Esquire John F. Dwyer, Esquire 2901 Grant Building Pittsburgh, PA 15219 (412) 355 7070 Attorneys for the Pennsylvania Turnpike Commission Sworn to and subscribed before me this day ofAk&MAt-- 12008. L NO Public COMMONWEALTH OF PENNSYLVANIA Notarial Ses? MY COMMISSION EXPIRES: CIEI thJ. Barlce 4o a"' Public City Pittsburgh, +he yheny County MY Commission ExP,res Airy. 22, 2010 Member, Pennsylvania A3,ociation of Notaries C7 ? ?? ?, ? ?`,4, - ? ? ?--n ? ? s? `:? ?. M . ? ?? ?? ru, : ?'"2 ,? r== ? ?..? -i • PI'C6/PASSIAID DEC NO. 04-6355 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-,- 056A) CIVIL DIVISION NO. 04-6355 CIVIL TERM AFFIDAVIT OF SERVICE IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS 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 330 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Firm ID No. 628 FIV&PASS/AFF SERVICE NOTICE TO COND THIRD AMID DOT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18- 363-056A) NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ALLEGHENY BEFORE ME, the undersigned authority, personally appeared WILLIAM P. BRESNAHAN II, who being duly sworn according to law, states that on September 18, 2008, he caused to be mailed by First Class, Certified Mail, Return Receipt Requested, to Gene M. Pass, Terry K. Pass and Charles A. Pass, a copy of the NOTICE TO CONDEMNEES of filing of Third Amended Declaration of Taking, a copy of which is attached hereto as Exhibit "A". Also attached hereto and made a part hereof as Exhibit "B" are copies of the return receipt cards, evidencing that Gene M. Pass, Terry K. Pass and Charles A. Pass acknowledged receipt of said NOTICE TO CONDEMNEES on September 22, 2008. HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. Dated: oZ S? , 2008 BY */. " 2 &"Vx j William P. Bresnahan, Esquire David L. Nixon, Esquire William P. Bresnahan, II, Esquire 2901 Grant Building Pittsburgh, PA 15219 (412) 355 7070 Attorneys for the Pennsylvania Turnpike Commission Sworn to and subscribed before me this 29-bk day of 2008. U NoW/Public COMMONWEALTH OF PENNSYLVANIA MY COMMISSION EXPIRES: Notarial Seal Elizabeth J. Barker, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires Aug. 22, 2010 Member, Pennsylvania Association of Notaries I°TCWASS/NOTICE OF THIRD COND NO. 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS NOTICE TO CONDEMNEES TO: Gene M. Pass Terry K. Pass Charles A. Pass 291 Ridge Hill Mechanicsburg, PA 17055 You are hereby NOTICED that a Third 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/G` f7 , 2008, 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 Third Amended Declaration of Taking, EXHIBIT A FfCUPASSMOTICE OF THIRD COND NO. 04-6355 you are required to file preliminary objections within thirty (30) days after having been served with this NOTICE. PENNSYLVANIA TURNPI E CO MISSION BY- William P. Bresnahan, squire David L. Nixon, Esquire William P. Bresnahan, II, Esquire 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Attorneys for The Pennsylvania Turnpike Commission PTC6MASSIAMD DEC NO. 04-6355 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363- 056A) CIVIL DIVISION NO. 04-6355 CIVIL TERM THIRD AMENDED DECLARATION OF TAKING IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS 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 330 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Firm ID No. 628 PTC(/PASSMORU AMD DEC NO. 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 ) PART OF PARCEL ID NOS, 21-18-1363-006 ) AND 21-18-363-056A) ) NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS THIRD AMENDED DECLARATION OF TAKING The Pennsylvania Turnpike Commission files this Third Amended 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, §1, 26 P.S. §1-402 (1988) and respectfully declares the following: 1. The Condemnor is the Pennsylvania Turnpike Commission, an instrumentality ofthe 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 §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 necessary or convenient for the construction or efficient operation of the Turnpike. PTCUPASSMORD AMD DEC NO. 04-6355 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 of 4.221 acres in fee and 1.630 acres as an easement for required substitute easement for Pennsylvania Power and Light Company, a partial take, as more fully described in the Declaration of Taking. 4. On August 26, 2005, Condemnor filed an Amended Declaration of Taking and on September 10, 2007, Condemnor filed a Second Amended Declaration of Taking. 5. Since the filing of the Declaration of Taking, Amended Declaration of Taking and Second Amended Declaration of Taking, Condemnor has been advised that the title block of the plan of the property attached to the Declaration of Taking, Amended Declaration of Taking and Second Amended Declaration of Taking needs to be revised. 6. Pursuant to a Petition for Permission to File Third Amended Declaration of Taking and Order of Court entered in connection therewith dated July 30, 2008, a copy of said Order being attached hereto and made a part hereof as Exhibit "A", Condemnor was granted permission to file a Third Amended Declaration of Taking to be effective as of December 17, 2004, so as to amend the title block of the plan of the property attached to the Declaration of Taking, Amended Declaration of Taking and Second Amended Declaration of Taking. 7. This Third Amended 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 "B". The record thereof may be examined at the Pennsylvania Turnpike Commission's Central Office at Exit 247 of the Pennsylvania Turnpike. 2 PTC61PASS/r11I1tD AMD DEC NO. 04-6355 8. 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. 9. The property condemned is situate in the Township of Middlesex, Cumberland County and consists of 4.221 acres in fee for required right-of-way for limited access and 1.630 acres 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 "C", attached hereto and made a part hereof. Plans showing the property condemned are, on the same day as this Third Amended 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. 10. The nature of the title condemned is: (a) fee simple absolute of the 4.221 acres for required right-of-way for limited access; and, (b) substitute easement for the Pennsylvania Power and Light Company of the 1.630 acres for providing, transmitting and/or distributing electric services together with the right, privilege and authority to install, use, operate, maintain, repair and finally remove power lines, together with necessary poles, anchors, guy wires and other apparatus thereto belonging, upon, over, along and across the aforesaid 1.630 acres, together with the right to enter upon said land at any time for such purposes. 11. A plan showing the condemned property may be inspected at the offices of SAI Consulting Engineers, Inc., 20 Erford Road, #110, LeMoyne, PA, during regular business hours. 12. The Condemnor files with this Third Amended Declaration of Taking its Open End Bond without surety pursuant to Section 403 (a) of the Eminent Domain Code of 1964. Just 3 FrOMASSrMIRD AMD DEC NO. 04-6355 Compensation is made or secured by the filing of said Bond, attached hereto and made a part hereof as Exhibit "D". Respectfully submitted, HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. DATE l? l s l0 ° BY William P. Bresnahan, Esquire David L. Nixon, Esquire William P. Bresnahan, II, Esquire 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Attorneys for Pennsylvania Turnpike Commission 4 PTC]/PASSIPEf TO AMD DEC NO. 04-6355 ,?? 3 0 2a?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS ORDER OF COURT AND NOW, to-wit, this D4'` day of , 2008, the within Petition having been presented in open Court, and upon consideration thereof, upon the Motion of William P. Bresnahan, Esquire, attorney for Condemnor, and the consent by John M. Eakin, attorney for Condemnees, the Court hereby grants permission to the Condemnor to file its Third Amended Declaration of Taking to be effective as of December 17, 2004, as stated in the attached Petition to File Third Amended Declaration of Taking. BY THE COURT, 6.r EXHIBIT "A" Our Mission: Pennsylvania Turnpike Gornrl-iissiou To operate flmrri.crrs First SuPerhighwap and manage. a sate, reliable, --- cost eaective and valued toll road system. REF S0LIJTION AUTBOR1LIN IG TEE ACQUISITION OF THE RE QLTIP..ED PROPERTY FOR RIGHT-OF-WAY BY PURCHASE FOR THE TOTAL RECONSTRUCTION OF ATILE POST 214 to 227 W { `'AS, 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 specificall.), includes proper, of Gene M. Pass, Terry K. Pass and Charles A. Pass, Riaht of Way no. 3209-A, a partial take; 'WBEREAS, the Pennsylvania Department of Transportation as required by Act of Assemble No. 211, P. L. 774 dated Mal, 21, 1937 (36 P.S. § 652x) as amended, has approved the location of the total roadway reconstruction of mile post 214 to 227; Now THEREFORE, BE IT RESOL17ED 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 Gene B2. Pass, Te•ry K. Pass and Charles A. Pass, Right of Way no. 3209-A, a partial take; BE IT FUR71 MR RESOLVED that the property necessary for the required ribllt-of-way for the total roadway recorrstr•nction 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. EXHIBIT "B" -877-736-h797 cl<;RTr_rI cA T:1'ON I, RALPH Al. BALLETS, Assistant. Secretar}?-Treasurer of the Pe?Insylvarlia Turnpike Commission, do hereby Certify the f'oregoi?lg to be a true and correct: cope of all Excerpt of the J 1111utes of' tile Meeting of the Perl?lsyivania Turnpike. Commission, held on the ca} of'?Ca?irr , 2004, in lYighspire, Pe?lnsylvallia, at wil;ich a quorum was present, and that said res0111t1on WRE 1?n?u?inlously aclopted. WITNESS my hand and the Official Seal of Sa?d Collimiss?0?1 this ? dad of A.D. 2004. lpl . 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PTOWAYY,AMI) MW NO. 04-6355 IN THE COURT 017, COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML DIVISION 11\1 RE: CONDEMNATION BY TIIE PENNSYLVANIA TURNPIIKE COMMISSION OF PROPERTY LOCATED IN TILE TOWNSIIIP OF MIDDLESEX, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR TIIE TOTAL RECONSTRUCTION OF TIIE PENNSYLVANIA TURNPIKE FROM MILE POST 214 TO 227, INCLUDING RECONFIGUPZATION OF INTERCHANGE 226, THE CARLISLE INTERCHANGE (A PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) CONDEMNEES: GENE M. PASS, TERRY K NO. 04-6355 CIVIL I"ERM j B' REM EMINENT DOMAII,\T PASS AND CHARLES A. PASS BOND KNO1A7 ALL hEl\T B Y THESE PRESENTS that the Pennsylvania Turnpike commission, an instrumentality of the Commonwealth of Peruasylvania, is held firmly bound to the Commonwealth of Perulsylvania for the use and benefit of the owner or owners of the property interests which have been condemned by the Amended 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 Permsylvania Tuiiapike Cornrnission shall pay the said owner or owners of the property interests condemned such damages as shall be determined by law, this obligation shall be void; othervAse. to be and remain in full force and effect. Sealed with the official sea] of the said Con-unission and dated this` day of 2004. AT??'f. ti- Rebecca R. Troup Assistant Secretary-Treasurer PENNSYLVANIA TURNPIKE COMMISSION j II BY Mitchell Rubin Chairman EXHIBIT "D" IMA'ASSIAMD DEC NO. 04-6355 AFFIDAVIT 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 Third Amended Declaration of Taking are true and correct to the best of his knowledge, information and belief. SWORN TO AND SUBSCRIBED THIS DAY OF -Gl.hA '2008. i NOTARY PUBLIC) MY COMMISSION EXPIRES: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Roseann Nebinaer, Notary Public Middletown Moro, Dauphin County My Commission Expir- April 26, 2011 Member, Pennsyivanis Association of Notaries • Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the malipiece, or on the front if space permits. 1. Article Addressed to: Mr. Gene M. Pass Mr. Terry K. Pass Mr. Charles Pass 291 Ridge Hill A0 Agent ? A ddressee rated Name) C. Date of Delivery " is af^ %aaarSsss different from item 1? 13Yes H ES, a$pr delivery address below: 0 No Mechanicsburg, PA 17055 L3. service Type Certified Mail rash Mail ? Registered R m Receipt for Mer handise 0 Insured Mail C.O.D. Restricted Delivery? (Extra Fee) 0 Yes 2. Article r 7007 2b80 0003 1304 9501 EXHIBIT B (Transfer fer ft m seMce fabeQ PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154D 4n h3 Ct? ,gip ial?"P 4 _i.`* ..... -77 ?. TJ IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDDLESEX, CUMBERLAND NO. 04-6355 CIVIL TERM 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. 21-18-1363-066 AND 21-18-363-056A) IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS REPORT OF CHAIRMAN OF VIEWERS TO THE HONORABLE. THE JUDGES OF SAID COURT: The undersigned Chairman of Viewers respectively reports: HISTORY OF THE CASE 1. On December 17, 2004 the Declaration of Taking was filed on the property located in Middlesex Township, Cumberland County at the above-referenced docket number. See Exhibit "A" attached. 2. The taking effectuated a taking of property owned by Gene M. Pass, Terry K. Pass and Charles A. Pass, located in Middlesex Township, Cumberland County, Commonwealth of Pennsylvania (hereinafter Subject Property). See Exhibit "A" attached. 3. On March 22, 2005, Preliminary Objections to Declaration of Taking were filed. See Exhibit " B " attached. 4. By Order of Court of June 20, 2006, the Court appointed William A. Duncan, Esquire, Chairman, Fred R. Hefelfinger and James Sheya as a Board of Viewers to assess damages in the taking. See Exhibit " C " attached. 5. On April 24, 2007 Appointment Letters were sent to Viewers. 6. On July 5, 2007 a letter and calendar for board to view premises was sent to Viewers. 7. On June 7, 2007, counsel and members of the Board were provided with a Notice of View scheduled for August 21, 2007. See Exhibit "D " attached. 8. On August 31, 2007, Attorney Bresnhan sent a letter requesting a change of date of the View scheduled for August 21, 2007. See Exhibit " E " attached. 9. On September 5, 2007, Chairman Duncan sent a letter and copy of Attorney Bresnahan's August 31, 2007 letter. See Exhibit "F" attached. 10. On April 24, 2008 Chairman Duncan sent a letter to counsel and parties that the property had been viewed and a Hearing would be scheduled. See Exhibit "G" attached. 11. On May 5, 2008 Attorney Bresnahan sent a letter reporting a meeting had been scheduled on May 19, 2008 between the three Attorneys. See Exhibit " H " attached. 12. On January 5, 2009 Attorney Bresnahan sent a letter, legal brief and request for discussion with Chairman Duncan. See Exhibit " I " attached. 13. On January 16, 2009 Attorney Eakin sent a letter to Chairman Duncan requesting a date be set for a Hearing. See Exhibit "J " attached. 14. Chairman Duncan had numerous discussions with both offices. 15. On January 22, 2009, Chairman Duncan sent a letter to counsel and viewers with a calendar for a Hearing date. See Exhibit "K " attached. 16. On February 17, 2009, a Notice of Hearing was sent to counsel and viewers setting the date of April 2, 2009 for a hearing. See Exhibit 'T " attached. 17. On March 31, 2009 Attorney Eakin reported that the Case had been settled and Praecipe to Satisfy, Settle and Discontinue was filed on April 17, 2009. See Exhibit " M " attached. As set forth in the Procedural Statement, the Viewers executed their duties by Views and Hearings. The Board is submitting it's Bill of Costs as the duties of the Board have been discharged. Respectfully Submitted: Date > By: ?.??. J William A. Duncan, Esquire Chairman, Board of View BILL OF COSTS The Board of View having performed duties related to its appointment prior to said decision. An invoice and Bill of Cost is hereby submitted to the Court. William A. Duncan, Chairman 6 days @ $ 375.00 $ 2,250,00 Postage Certified 8 x $ 5.21 41.68 Postage Certified 3 x $ 5.32 15.96 Postage First Class 14 x $ .41 5.74 Postage First Class 12 x $ .42 5.04 Mileage 10 x .50 cents per mile 5.00 Subtotal $ 2,323.42 Fred Hefelfinger, Viewer 1 day @ $250.00 $ 250.00 James Sheya, Viewer 1 day @ $ 250.00 250.00 Mileage 10 x .50 cents per mile 5.00 $ 255.00 TOTAL COST OF VIEWERS $ 2,828.42 (>? &4$4 VVUP c Date: William A. Duncan, Chairman 1 1 IN THE COURT OF COMMON PLEAS `r CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, COMMONWEALTH OF PENNNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE FROM MILE POST 214 TO 227, INCLUDING RECONFIGURATION OF INTERCHANGE 226,: THE CARLISLE INTERCHANGE (APART OF PARCEL ID NOS. 21-18-1363-006 AND 21-18-363-056A) NO. r 1 S+.S l "./ C-E IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS -a rn (_) DECLARATION OF TAKING `r The Pennsylvania Turnpike Commission files this Declaration of Taking hs 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, §l, 26 P.S. §I-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 i Section 6 of the Act of May 21, 1937, P.L. 774, No. 211, as amended, to acquire by EXHIBIT "A" condemnation any lands, rights, easements, franchises and other property deemed 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 of Interchange 226, the Carlisle Interchange, and its requirements. 5. The property condemned is situate in the Township of Middlesex, Cumberland County and consists of 4.221 acres in fee for required right-of-way for limited access, and 1.630 acres 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 2 i explore and test drill the minerals, oil or gas; including the right to drill tor, 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 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 .`. B y: Salzmann, Hughes & Fishman, P.C. 95 Alexander Spring Road, Suite 3, Carlisle, PA TRUE COPY FROM RECORD In Testimony whereof, i here unto set my haj, and the seal of said Court -at Carfisle, Pa, This ......l7.. _ clay nf....,..F:... Prbtt?otaiatY 3 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 MIKE POST 214 TO 227, INCLUDING RECONFIGURATION OF INTERCHANGE 226, THE CARLISLE INTERCHANGE (A PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-056A) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS PRELIMINARY OBJECTIONS TO DECLARATION OF TAKING Condemnees Gene M. Pass, Terry K. Pass and Charles A. Pass by their attorneys Murrel R. Walters, III, Esquire and John M. Eakin, Esquire file preliminary objections to the declaration of taking filed in the above captioned matter pursuant to 26 PS 1-406 by the Pennsylvania Turnpike Commission, Condemnor. They (1) deny the Condemnor has the power to condemn the portion of their land for the sole benefit of Pennsylvania Power and Light Company and (2) they object to the declaration of taking 1.) The declaration of taking (attached as Exhibit 1) was filed December 17, 2004 and served December 28, 2004. 2.) The property of Condemnees is situate in Middlesex Township, Cumberland County and is condemned to provide, in part, a total reconstruction of the Pennsylvania Turnpike from mile post 214 to 227 which includes the reconfiguration of Interchange 226 known as the Carlisle Interchange. 3.) The taking consists of two parcels, one of 4.221 acres taken in fee for the required right of way for limited access and one 1.630 acre for relocation of a Pennsylvania Power and Light Company (PP&L) easement. 4.) The 4.221 acre tract is presently subject to an easement granting PP&L the EXHIBIT "B" right to install utility poles and transmission lines thereon. 5.) The nature of the title condemned is stated in Paragraph 6 of the declaration of taking as follows: "(I) fee simple in the surface, (II) only so much of any materials, 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, 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, deposing or 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." (Emphasis added) 6.) The land of the condemnee is in the CH Commercial Highway Zoning District of the Middlesex Township Zoning Ordinance. POWER TO CONDEMN AN EASEMENT FOR PP&L 7.) Condemnees challenge the right of the Turnpike to condemn land for non Turnpike purposes, specifically the proposed easement to permit PP&L to install a power line as PP&L has the power of eminent domain and can condemn its own facilities. The declaration of taking exceeds PP&L easement requirements in that the nature of the title condemned goes far beyond that required to relocate a power line, specifically (1) fee simple in the surface (2) the right to access "minerals, oil or gas from 2 the surface of the land" (3) the right to "explore and test drill the minerals, of or gas; including the right to drill for, dig, drain, ventilate and carry away said minerals; oil or gas now owned or hereafter acquired by condemnees," (4) to erect buildings or structures 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. 8.) The PP&L utility poles and transmission lines to be erected on the 1.630 acre tract are "structures" within the meaning of the Middlesex Township Zoning Ordinance and are not permitted within 200 feet of the Turnpike interchange. 9.) A land development plan must be submitted to and approved by the Middlesex Township Supervisor as a condition precedent to the right of PP&L to construct the power lines which condition has not been met. THE DECLARATION OF TAKING 10.) The declaration of taking does not distinguish between the acquisition of the 4.221 acre tract taken in fee for the Turnpike and the 1.630 acre tract in which only an easement is taken. 11.) The declaration of taking is ambiguous, overly broad and must be made specific before an appraiser can estimate fair market value after the taking in that a.) The term (Paragraph 6(i)) "fee simple in the surface" is confusing as fee simple title includes surface, sub surface and all other rights. The taking of an easement doesn't' include unlimited rights in the surface. b.) The declaration of taking only condemns "so much of any minerals, oil or gas beneath the surface... necessary for lateral or subjacent support of the surface." (Paragraph 6(ii)). Paragraph 6(iii) gives condemnor the right to remove the minerals, oil or gas needed for surface support. c.) Paragraphs 6(iv) of the declaration of taking gives condemnor the right to remove minerals, oil or gas from other land of the condemnees not included in the partial take. 3 1 CONCLUSION The declaration of Taking does not accurately describe the condemnors rights in the land taken for the Turnpike and that taken for the PP&L easement. Until these rights are clearly stated there can be no meaningful estimate of the "after" fair market value. Turnpike condemnation should be limited to Turnpike construction especially where the right of eminent domain is available to PP&L which should pay for the right of way rather the Turnpike patrons. Middlesex Township has had a subdivision Ordinance since 1990 and a Zoning Ordinance since 1989. These Ordinances require a land development plan by the Turnpike and until it is submitted and approved the land cannot be condemned. Dated: March L Z', 2005 io-"-. Eakin VERIFICATION I, John M. Eakin, hereby verify that the statements of fact made in the foregoing instrument are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa. C.S. A. 4904, relating to unsworn falsification to thorities. - Jo . Eakin 4 JUN i< 1UU6 44/2105 No. 04-6355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1N 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 PART OF PARCEL ID NO. 21-18-1363-066 AND 21-18-363-056A) CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS ORDER OF COURT AND NOW, to-wit, this av day of Uadi,' - , 2006, the within Petition having been presented in Open Court, upon consideration thereof and upon motion of Hollinshead, Mendelson, Bresnahan & Nixon, P.C. and William P. Bresnahan and William P. Bresnahan 11, Attorneys for Defendant- Condemnor, the Court hereby appoints ------- and J',,d as Viewers, as provided by law to view the premises and to ascertain and assess such damages as they may find to have been caused to NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN Plaintiff-Condemnees' property by reason of the condemnation and taking within mentioned. 1" T ?d1?YtEif'9 2 . to Utz ' ? ?a.. -1 the wW of UW P, L BY THE COURT, EXHIBIT "C" s 13 J. f.?•f ?ka? h a.: 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 PART OF PARCEL ID NO. 21-18-1363-066 AND 21-18-363-056A) NOTICE OF VIEW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN TO: William P. Bresnahan, Esq. Holiinshead Mendelson Bresnahan & Nixon, PC 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219-2257 James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 R. Fred Hefelfinger 4 Todd Circle, Apt. D. Carlisle, PA 17013 John M. Eakin, Esq. Market Square Building Mechanicsburg, PA 17055 Murrel R. Walters, III, Esq. 54 E. Main Street Mechanicsburg, PA 17055 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 EXHIBIT "D" NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and Fred Hefelfinger, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet at the subject premises in Middlesex Township, Cumberland County on Tuesday, August 21, 2007 at 9:30 A.M. for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and to present information pertinent to the View. A Hearing will convened at a later date at the Cumberland County Court House. No testimony will be taken at the View. Date: 6 7 2007 WAD/jda By: 11 William A. Duncan, Esquire Chairman, Board of View CABOARD OF VIEWWotice of Hearing and View HOLLINSHEAD MENDELSON BRESNAHAN & NIXON, P.C. Attorneys at Law August 31, 2007 WILLIAM P. BRESNAHAN* DAVID L. NIxoN DWIGHT D. FERGUSON WILLIAM P. BRESNAHAN, ll MICHELE ZAPPALA PECK William A. Duncan, Esquire ALSO MBIPIE.R OF WV STATE PAR 1 Irvine Row Carlisle, PA 17013 Re: Pennsylvania Turnpike Commission vs. Pass - No. 04-6355 Dear Mr. Duncan: Regrettably I must advise you that our real estate appraiser, William Rothman, notified me that he is not able to attend the Board of Viewers Hearing which you scheduled for September 20, 2007. I do feel bad because you laboriously worked your way through all of our calendars during the View and were able to settle on that date. Therefore, I suggest that we do one of the following: l . Allow the Plaintiffs case to be introduced on the September 20, 2007 date and the Defendant's case at a subsequent time; or, 2. Attempt to reschedule the entire case at a subsequent time. In order to assist you in that regard, please be advised that the following dates would work for the defense witnesses: October 4, 2007, October 23, 2007 and October 24, 2007. Please accept my apology for this inconvenience. If you determine that it is acceptable I vrill make the various telephone calls to check on the availability of nor!- board members and for both Plaintiff and Defendant. Very truly yours, William P. Bresnahan WPB/mzb cc: John M. Eakin, Esquire EXHIBIT "E " 2901 GRANT BUILDING, 310 GRANT STREET, PITTSBURGH, PA 15219-2257 • TELEPHONE: (412) 355-7070 • FAx: (412) 281-6099 E-MAIL: lawfirm@hmbn.com Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 William A. Duncan Susan J. Hartman William P. Bresnahan, Esq. Hollinshead Mendelson Bresnahan & Nixon, PC 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219-2257 John M. Eakin, Esq. Market Square Building Mechanicsburg, PA 17055 (717) 249-7780 FAX (717) 249-7800 dhdlaw@planeteable.net September 5, 2007 Murrel R. Walters, III, Esq. 54 E. Main Street Mechanicsburg, PA 17055 RE: Pennsylvania Tpk. Comm. vs. Gene M. Pass, Terry K. Pass And Charles A. Pass For Board of View to View Premises No. 04-6355 Dear Counsel: Please be advised that we are in receipt of a letter from William P. Bresnahan, Esq. dated August 31, 2007 (a copy is attached) requesting a possible change of date for the above captioned Hearing. We will be running the Case as scheduled on September 20, 2007. Another Hearing will be scheduled at a mutually agreed upon time. Yours truly, DUNCAN & HARTMAN, P.C. William A. Duncan, Esq. WAD/jda Enclosure CC: James Sheya Fred Hefelfinger EXHIBIT "F " Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 William A. Duncan Susan J. Hartman William P. Bresnahan, Esq. Hollinshead Mendelson Bresnahan & Nixon, PC 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219-2257 April 24, 2008 John M. Eakin, Esq. 1 West Main Street Market Square Building Mechanicsburg, PA 17055 (717) 249-7780 FAX (717) 249-7800 dhdlaw@planetcable.net Murrel R. Walters, III, Esq. 54 E. Main Street Mechanicsburg, PA 17055 RE: Pennsylvania Tpk. Comm. vs. Gene M. Pass, Terry K. Pass And Charles A. Pass For Board of View to View Premises No. 04-6355 Dear Counsel: We have viewed the property and are ready to schedule a Hearing. Please let us know the status of the above captioned case. Thank you for your anticipated reply. Yours truly, DUNCAN & HARTMAN, P.C. William A. Duncan, Esq. WAD/jda CC: James Sheya Fred Hefelfinger i EXHIBIT " G " HOLLINSHEAD MENDELSON BRESNAHAN & NIXON, P.C. Attorneys at Law May 5, 2008 William A. Duncan, Esquire Duncan & Hartman, P.C. One Irvine Row Carlisle, PA 17013 WILLIAM P. BRESNAHAN* DAVID L. NIxON* DWIGHT D. FERGUSON WILLIAM P. BRESNAHAN, II JOHN F. DWYER 'ALSO MEMBER OF WV RATE BAR Re: Pennsylvania Turnpike Commission vs. Gene M. Pass, Terry K. Pass and Charles A. Pass No. 04-6355 Dear Chairman Duncan: Your letter of April 24, 2008 has been received. Please be advised that the three counsels involved will meet with their appraisers on May 19, 2008 for the purpose of attempting to agree upon several items that are essential for the completion of the appraisals. On that date we will contact you and advise you of the status. Thank you very much for your cooperation and patience in this matter. Very truly yours, r William P. Bresnahan WPBi`iTizb cc: John M. Eakin, Esquire Murrell R. Walters, III, Esquire EXHIBIT " H " 2901 GRANT BUILDING, 310 GRANT STREET, PITTSBURGH, PA 15219-2257 • TELEPHONE: (412) 355-7070 • FAx: (412) 281-6099 E-MAIL: lawfirm®hmbn.com HOLLINSHEAD MENDELSON BRESNAHAN & NIXON, P.C. Attorneys at Law January 5, 2009 WILLIAM P. BRESNAHAN* DAVID L. NixoN* DWIGHT D. FERGusoN WILLIAM P. BRESNAHAN, 11 JOHN E DWYER 'ALSO MENIBER OF WV STATE BAR William A. Duncan, Esquire Duncan & Hartman, P.C. One Irvine Row Carlisle. PA 17013 Re: Pennsylvania Turnpike Commission vs. Gene M. Pass, Terry K. Pass and Charles A. Pass - No. 04-6355 Dear Chairman Duncan: Enclosed herewith please find the original Petition for Rule to Show Cause and the original Brief of Petitioner/Condemnor in Support of Petition For Rule to Show Cause concerning the above-captioned matter. By copy of this letter we are sending photocopies to John M. Eakin, Esquire who represents the Plaintiffs-Condemnees. It is our mutual belief that the resolution of this outstanding legal issue will substantially move this case to completion; and therefore, we are adopting this unusual procedure in order to resolve the legal issue thereby making the job of the appraisers easier. After you have had the opportunity to review these documents, we would be happy to arrange for a conference call for the three of us, in order to assist you with any questions you may have. Very truly yours, WPB/mzb Enclosures William P. Bresnahan cc: John M. Eakin, Esquire (w.encls.) EXHIBIT " I " 2901 GRANT BUILDING, 310 GRANT STREE ,412) 355-7070 • FAx: (412) 281-6099 F-MAIi c lawfirmAhmhn.com JOHN M. EAKIN ATTORNEY AT LAW MARKET SQUARE SUR-O1NG MECHANICSBURG, PA. 17055 TELEPHONE !7171 766-3172 FAX 17171 691-3291 January 16, 2009 William A. Duncan, Esquire Duncan & Hartman, P.C. One Irvine Row Carlisle, PA 17013 Re: Turnpike Commission v. Pass No. 04-63 5 5 Dear Chairman Duncan: There has been a long delay since viewers were appointed to hear this case. Mr. Bresnahan, on half of the Turnpike and Murrell Walters and I on behalf of the condemners have been trying to resolve a matter which will impact admissibility of evidence and damages. The Township Zoning Ordinance is ambiguous in that one paragraph indicates a 75 ft. set back line applies and another paragraph can be interpreted to require a '2100 ft. set back line which makes a substantial difference in damages. We respectfully request the viewers set a hearing date. We will continue our efforts to have the set back issue resolved up until the date you specify for a trial. We appreciate your patience in delaying this matter while we tried to resolve the set back problem but now eve feel it is time I Schedule a hearing. Very truly vours, W-16--cl-I John M. Eakin cc: William P. Bresnahan, Esquire Murrell R. Walters, 111, Esquire Charles A. Pass EXHIBIT " I " William A. Duncan Susan J. Wain P Bresnahan, Esq. Hollinshead Mendelson Bresnahan & Nixon, PC 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219-2257 Duncan & Hartman, P.C. Attorneys at Law One Irvine Row CaJanuuary 22, 09ia 17013 John M. Eakin, Esq. Market Square Building Mechanicsburg, PA 17055 L_ _ -, (717) 249-7780 FAX (717) 249-7800 Murrel R. Walters, III, Esflaw@pa.net 54 E. Main Street Mechanicsburg, PA 17055 RE: Pennsylvania Tpk. Comm. vs. Gene M. Pass, Terry K. Pass And Charles A. Pass For Board of View to View Premises No. 04-6355 Dear William and John: I read with interest your letters of January 5' and I e, 2009. It appears that Mr. Bresnahan wants the Board to make a determination as to the setback requirements imposed by the Middlesex Township Ordinances. The proper course of action would be for both parties to obtain an Opinion from the Zoning Officer as to the setbacks in effect at the time of the decision of taking. This Opinion would take into account any variances or Plan restrictions affecting the subject premises. If you cannot agree as to how to obtain such an Opinion, the Zoning Officer could be subpoenaed to give testimony at a Hearing of the Board of View as to his Opinion. Obviously the Zoning Officer would want to be prepared for such an appearance. The Board of View does not render decisions as to zoning matters unless specifically authorized by the Statute or Order of Court. Therefore, if Mr. Bresnahan wants to Court to determine the proper setbacks, he should file his Petitions with the Court for disposition. In the absences of such a filing, we are prepared to view the premises again if a view is necessary based upon the Zoning Officer's Opinion or to hold a Hearing and take testimony. Please mark dates on the enclosed calendar that you would not be available for the View and return it to my office via mail or fax. Yours truly, DUNC & TMAN, P.C. '17illiam A. Duncan, Esq. WADljda Enclosure EXHIBIT " K " 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 PART OF PARCEL ID NO. 21-18-1363-066 AND 21-18-363-056A) : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN NOTICE OF VIEW TO: William P. Bresnahan, Esq. Hollinshead Mendelson Bresnahan & Nixon, PC 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219-2257 James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 John M. Eakin, Esq. Market Square Building Mechanicsburg, PA 17055 Murrel R. Walters, III, Esq. 54 E. Main Street Mechanicsburg, PA 17055 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 R. Fred Hefelfinger 4 Todd Circle, Apt. D. Carlisle, PA 17013 William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 EXHIBIT "'L " NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and Fred Hefelfmger, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet at the subject premises in Middlesex Township, Cumberland County on Thursday, April 2, 2009 at 9:30 A.M. for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and to present information pertinent to the View. A Hearing will convened at a later date at the Cumberland County Court House. No testimony will be taken at the View. Date: 0'2-'/) 2009 William A. Duncan, Esquire Chairman, Board of View WAD/jda Ti 1: 2- AT, `7 X' Z_ 1z IN RE: CONlDEMNATION BY THF. IN THE COURT OF CQ1%4_,'vf0N PI,E,15 PENNSY[AANIA TURNPIKE COMMISSION CL-JMBERLAND COU`N1TY. OF PROPFRTY LOCATED II' 1HE PENNSYLVANIA TOWNSHIP OF MIDDLESEX., CUMBERLAND COUNTY, COMMQNWEALTI-I OF PLNN,SY.VANIA, FOR THE I'OTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE FROM MIKE POST 214 TQ 227. INCLUDING RECONFIGt•RATION OF INTERCHANGE 226, THE CARLISLE INTERCHANGE (A PART OF PARCEL ID NOS, 21-18-1363-006 AND 21-18-363-036A) NO. 04-6355 CIVIL TERM IN REM EMINENT DO-MAIN CONUN MNFFS- GENE. M. PASS, TERRY K. PASS AND CHARLES A. PASS PRAFCIPE TO SATISFY, SF,TTLF & D1SC0NTJN1F, To the Prothonotarv: Please mark the docket in the above-captioned matter satisfied, settled and discontinued. Dated: April / ( . 2009 Respectfully submitted i ? . J +? r , -vt JotmI. Eakin, Esquire Alto ey for Plaintiffs- Condemnees Gene M. Pass, Terry K. Pass and Charles A. Pass Pa I.D. No. 06351 .:a 77 EXHIBIT " f' ' -'.man, ,D . vania 17W3 , f it 1r' lJ ?flf3A. nl.Sn4.1.AA . . I F mlplete items 1, 2, and 3. Also complete 1n 4 If Restricted Delivery Is desired. Int your name and address on the reverse i tnat we can return the card to you. tach this card to the back of the mailpiece, on the front if space permits. Ilole Addressed to: Agent Masses, I-ivi-R'oelv6d by (Pr)' ted Name) C. Date of Delivery D. Is delivery address different from Item 1? ? Yes If YES, enter delivery address below: ? No 10P / /, NVj/! f ? 3. Type Certiflecl. Man ? Express Meii ? Registered ? Return Receipt for merchandise ? insured Mau ? C.O.D. ?Q 4. Restricted Delivery? (Extra roe) ? Yes We Number 7008 0150 0001 6188 6708 sns(erfrom servke kw orm 3811, February 2004 Domestic Return Receipt 1025V o24A-lsao a` rania 17013 iI?I? II?IIIIII??'1'I?11 I?II?I 1II"II???? 7008 0150 0001 6188 6692 ate Items 1, 2, and 3. Also complete 4 if Restricted Delivery is desired. ift your name and address on the reverse that we can return the card to you. ach this card to the back of the maiipiece, on the front if space permits. Ide Addressed to, ?A A. Agent X i ?%l Lk' 11 R? Addressee B. Received by (Prided Nerve) C. Date of ' D. Is delivery address different from Item 11 ? Y# If YES, enter delivery address below: ? No 3. Type Certified man ? Exprese Mau ? Registered ? Return Receipt for Merchandise ? insured mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes µ F 000443-1493 FES !7 ;?009 iAAiLED FPC)Mf z I. F) f- 17 0 1 ide Number 7008 015 0 0001 618 8 6692 raw from service label) xm 3811, February 2004 Domestic Return Receipt 10259sv24A-1540 S' S vania 17013 t! 2 t F IS 7 20118 0150 0001 6188 6685 ?; Zu,a rplete items 1, 2, and 3. Also complete A. Sig re - - n 4 If Restricted Delivery is desired. Agent it your name and address on the reverse x ? Addressee that we can return the card to you. B. Received by (Printed Name) C. Date of Deiive?y ich this card to the back of the mailpiece, m the front if space permits. Hartman, P.C. Law Cow msylvania 17013 James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 IfIr : z . 'PIrNEY Bowes 02 1P $ 000.42© 0004431493 FEB 17 2009 MAILED FROM ZIPCODE 17013 Hartman, P.C. Law Cow msylvania 17013 '-M==?WPITNEY BOWES :D 4?1 02 1P $ 000.42° 0004431493 FEB 17 2009 MAILED FROM ZIPCODE 17013 R. Fred Hefelfinger 4 Todd Circle, Apt. D. Carlisle, PA 17013 ? M t t l s l ', ,R y 1;?, l l ?[;t! ?"Na w e'l rn iE t ndOf Se rent 1 - ie>tl ct?,d [+e' { hcol;_ nel t 1 - 'r -C [a P ISt ig - G.)rt t!( d >e Retum Peceiet Pe:e (ElndomementReQuited) Hestdcted DetPn:y,Fee (Endorsemen'. Rec;ufred) _-1 +Otal Postage In FRe$ '°'qy tI4 t'?rttne?txdn ,?? Postmark Return Receipt Fee 77 Here (Endorsement Required) ? t9b 0 Restricted Delivery Fee ?m (Endorsement Required) Total Postage & Fees Sent To Street. Apt. No.; = or PO Box No. City, State, -2-1 -P-+- ------ -r?'._r1_ JULi?' U i? U UU'-t j f',T ?,- , _- 1?11A g cn: ? t = m = ? ` a D: m . ; m D +i z zi c m a ?' ? ,D ffi' :n cz ?n W a ? y'? \Jy,f~ n m-n mT T O r Ian8 015a Qfla], 61,88 6?08 m o :0 m cn: m o m t o .gt? ? 0 m m 3 c 3 n m 3 :Z ' m m_ N . J 30"M D N G-0 A (p N E?? r artman, P.C. ; z. %#, ylvania 17013 7 f 111a_ iii-s- L_ o n n i, _ 11.1. A R E'n i4 (:ompiete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. a,'3ts 7 Agent Article Addressed to: cjo%r) Derr, F'S. Received by (Printed Naive) ©li I1C. Date of Delivery r D. Is delivery address di ferent from Item 1? ? Yes If YES, enter delivery address below: E3 No 3. Type Certified. Mail [3 Express mall 13 Registered ? Return Receipt for C1 w&a xnw ? insured mall ? C.O.D. 4. Restricted Delivery? (Ext?a Fee) 0 Yes Article Number -- -- - --.---- (fromservkelL 70Q8 015Q 0 0 01 6188 6708 ? '?:? Form 3811, February 2004 Domestic Return Reeceipt 1102596-M401-1sa+ylvania 17013 ? ?"0f ? " 3,`t 7008 Q15Q 0001 6188 6692 000=? l }?_ err' crop d Corn fete items 1, 2, and 3. Also complete Ite 41f Restricted Delivery Is desired. Pri your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front If space permits. Article Addressed to: A, Ogre/ ?Vab??- 1-A9 A. %nature j Agent X (i ?Cl??'1u ? 0 Adtke B. Received by (Printed Name) C. Dpte of D. Is delivery address dUfwent from Item 14 u Yps If YES, enter delivery address below. ? No 3type ified Mail ? Express Mail ? Registered ? Return Receipt for Meretwndise 13 Insured man ? C.O.D. 4. Restricted Delivery? P ft Fee) O Yes Article Number ?QQ$ Q15Q QQQ1 6188 6692 (ransw Som service 1a6elJ Receipt Form 3811, February 2004 Domestic Return t _ ?',' "a• ?, rW w s:re?r rr?e a n `' l' ? ?P 53 1vania 17013 " r 3 i' , 0 3. PJ.0 ?plete ptete Items ' very is desired. verse Rem 4 V1 estAd-ted and adder card oio YOU. .1 t m Your return the c the al per' h 11 card to the Q Its, • or on the front If space s* Y. I(?GD?/? ?} C Date of DefiveN B. peoeivad by (Printed E3 Yes ddr d frorn item 1? 13 No ` D tf,Mg ae enter deiweN adciressr?° I ru r4 M Q Q Certified Fee Q +0 Q Return Receipt Fee (Endorsement Required) Q Restricted Delivery Fee to r-1 (Endorsement Required) .a CD M Q M Total Postage & Fees M CO _ cp ° ° Q 11l- ° PS Form 3811, February 2004 Domestic Return Receipt Printed Name) c e o1 Itivery L . dt (? rasa dirterefrom item 17 "C) Ps lelivery address below: No 102595-02-M-1540 Cl mM A luwuixwvui ncym eu/ 1:13 C3 {{{ r- ° Total Postage & Fees Is Q -0 _ ail ? Express Mail Q ant To ? Return Recei t for Merchandise _ A Q i /1 / ??_?l?[_C_ r . -i e maha 1 tit ? C.O.D. e .-----Y3)J- ../y? ny? i C3 ?ireer, Apt. N .: ° f? -/ ?- orPOaoxNo. ?i ..Ll ?4f[1 ?AD?--? livery? (F?cbaFee) 0 Yes d--- 0 city, state, `7;,?tl, PA 0 7883 3168 0 PS FoIrn 3800. June 2002 See Reverse for Instruction -0 PS Form 3811, February 2004 Domestic Return Receipt C! Darn u \, l A A - i Ct /v( A ii ? C.O.D. APt %ifo.; - ------------------- -------- -- - Ivety? (Extra Fee) Sheet, ' 1 ----------------° - - ?c arse _ Crty, State. ZIP+4 ° -'-------- ------------------- lf??? 3 7ds,9 883 3106 P5 Form 3811, February 2004 102595.02-M-1540` ? Yes 102595-02-M-1540 uui u -,- I [3 Return Receipt for Merchandise Went ro ,.... I ??"? C.O.D. ! - -- ?Ii ? -- ---------- Fee) ? Yes • 'S`dset Apt. No.; /? ? n?'> ,every? (Extra or PO Box No. 1 - ! `?v-__ Ste! ------ C41y, s- ti. ZIP' +-4: -76 583 3 0 90 • r 102595-02-M-1540 Domestic Return Receipt 'S Form 3811, February 2004 -0 - - tail ? Express Mail Q Sent T 029- Q Q] R t ?y? y OMB )l) ? Retum Receipt for Merchandise f`' meet, Apt. o.; , 1 - - -p y? " -- •- lAr- ; -L--- f'"' ail ? C.O.D. or PO Box No. .,.ARA _XIj__ _ ?- ?_ livery? (Extra Fee) ? Yes City,StateZlP+4 -w° - _ 2883 3182. 1.t j • •r ?r s r,. f p y Am CC) Oyu ¦ CC3 - - -- - -- v? Postage Postmark Here IV I /y - -------- -- ---- - ------- ------ d n vertified Fee ¦ d t? ::urn Receipt Fee (E ^ amsnt Required) j f it,i( ed Delivery Fee , rA (E r, ,'E a ment Required) co M -, 3! I=ostage & Fees C3 Se,!br °. r% *, ?Vi ot. No.; / ort : FRzrNo. lif?- !v' !,--- s , Clfy , ?l-l: e. ZIP+ PS Form :31311, February 2004 Dome 2. MOO N 1? I"- 11, February 2004 i PS Form.. E MOM trt CERTIFIED M41?L '?RTIFIED MAIL RECEIPT Provided) (Domestic Mail On - No • m IM. Postage $ ate,wo;4 w, ft M Certified Fee r r O Return Receipt Fee (Endorsement Requi red) / f CO Restricted Delivery Fee r-1 (Endorsement Required) M Total Postage & Fees $ r ?( ,,)C A4 ? A( r- I ress different from item 7? ? Ye? lelivery address below: I No ail ? Expres& Mail E ? Return Receipt for Mercha 4 ? C.O.D. -- very? (Extra Fee) ? Yes I ; I-r !i]O 7863 3052 102595-02-M :. 102595-02-M-1• u'I I?,II t park -c'e .LI / 1 . „ ._ .. _. Cl Sent To - D x! ----------------- - - or PO BOX,No. 1. ? l V11, e'----- ' . S .. - City, State, Z%P+4 ?! - F r PS Form :3800, June 2002 inn, APR 2'8 2000?ij 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 PART OF PARCEL : ID NO. 21-18-1363-066 AND 21-18-363-056A) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6355 CIVIL TERM IN REM EMINENT DOMAIN CONDEMNEES: GENE M. PASS, TERRY K. PASS AND CHARLES A. PASS ORDER OF COURT AND NOW, this day of , 2009, Board of View appointed on June 20, 2006 is hereby vacated and the Bill of Cots attached to its Report is ordered to be paid. ...b 'T ao a?jfi ? 1 q