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Home My WebLink About13-5899 Supreme Court of Pennsylvania Court Of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: CUMBERLAND County r 3 r C J s9 Cl cJl The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction x❑ Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: See Schedule of Property Condemned In Rem Condemnor is the Cmwlth of PA, Dept of Transportation T Dollar Amount Requested: ❑within arbitration limits I Are money damages requested? ❑ Yes El No O (check one) ❑outside arbitration limits N Is this a Class Action Suit? ❑ Yes El No Is this an MDJAppeal? ❑ Yes 0 No A Name of Plaintiff /Appellant's Attorney: Sean M. Concannon, Esq., Attorney for Condemnor PENNDOT ❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance Dept. of Transportation ❑ Premises Liability Statutory Appeal: Other S ❑ Product Liability (does not include ❑ mass tort) Employment Dispute: E Discrimination [3 Slander /Libel/ Defamation C ❑ Other: [3 Employment Dispute: Other [3 Zoning Board . I , ❑ Other: I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑Common Law /Statutory Arbitration E3 Other: x❑ Eminent Domain/Condemnation E3 Declaratory Judgment B ❑ Ground Rent Mandamus ❑ Landlord/Tenant Dispute e Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Quo Warranto ❑ Mortgage Foreclosure: Commercial ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/112011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE NO. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT -OF- } WAY FOR STATE ROUTE 0034, �- SECTION 023, IN THE TOWNSHIP OF EMINENT DOMAIN PROCfT1IN(F) - MIDDLESEX IN REM r _ DECLARATION OF TAKING — :wt TO THE HONORABLE, THE JUDGES OF THE SAID COURT: This Declaration of Taking, based on the provisions of Chapter 3, Section 302, of the Eminent Domain Code, 26 Pa. C. S. § 302, respectfully represents that: 1. The Condemnor is the Commonwealth of Pennsylvania, Department of Transportation, acting through the Secretary of Transportation. 2. The address of the Condemnor is: Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P. O. Box 8212 Harrisburg PA 17105 -8212 3. The Department of Transportation is authorized by the provisions of Section 2003(e) of the Administrative Code of 1929, P. L. 177, 71 P. S. 513(e), as amended, to acquire by gift, purchase, condemnation, or otherwise, land in fee simple or such other estate or interest as it shall determine, in the name of the Commonwealth for all transportation purposes. 4. The within condemnation has been authorized by a plan signed by the Secretary of Transportation on April 24, 2013, titled "Drawings Authorizing Acquisition of Right -of- $/n 3 . 7 3 - 0 ,/ CpAele ►no.- c 7# - � 9 /r �-d2Q6676 Way for State Route 0034 Section 023 R/W in Cumberland County, and State Route SR 0034 Section 023 R/W in Perry County and State Route 1007 Section 023 R/W in Cumberland County also T -300 in Cumberland County also T -300 / T -302 in Perry County," a copy of which plan was filed in the Cumberland County Recorder's Office in Instrument number 201314265 on May 1, 2013. 5. The purpose of the within condemnation is to acquire property for transportation purposes. 6. A Schedule of Property Condemned identifying and specifying the location of the property hereby condemned is attached hereto and made a part hereof. 7. Plans showing the property hereby condemned may be inspected in the Recorder's Office of the aforesaid County at the places indicated on the attached Schedule of Property Condemned or, if not shown thereon, on the day of the filing of this document being lodged for record or filed in said Recorder's Offices, where they may be inspected. 8. The nature of the title hereby condemned are fee simple, temporary construction easements and required slope easements. 9. In the event there are recoverable minerals (including gas and oil) within the areas hereby condemned, the mineral rights (including rights to gas and oil) in those areas are hereby excepted and reserved from this condemnation, provided, however, that the right of support of the areas condemned is included within the scope of this condemnation, and no access from the surface of such areas for removal purposes will be allowed without permission from the Commonwealth. 10. In the event there are utilities or utility rights -of -way within the areas of required right -of -way hereby condemned, the real property rights, if any, of said utilities are hereby excepted and reserved from this condemnation. 11. The payment of just compensation in this matter is secured by the Commonwealth's power of taxation. 12. I, Mark J. Chappell, P. E., Chief, Utilities and Right -of -Way Section, of the Department of Transportation, do hereby depose, swear, and affirm that I am authorized by and do hereby execute this Declaration of Taking on behalf of the Commonwealth of Pennsylvania, Department of Transportation, and that the averments contained and set forth herein are true and correct to the best of my knowledge, information, and belief, and are made subject to penalties provided in 18 Pa. C. S. §4904, relating to false swearing to authorities. WHEREFORE, fee simple title, temporary construction easements and required slope easements are hereby condemned from the properties identified on the attached Schedule of Property Condemned, as indicated on the plans referenced in paragraph 7 above. Il e . � Mark 1. Cha ell, PIE Chief, Utilities and Right -of -Way Section IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT -OF -WAY FOR STATE ROUTE 0034, SECTION 023, IN THE TOWNSHIP OF MIDDLESEX DECLARATION OF TAKING Sean M. Concannon Assistant Counsel, R/W Supreme Court ID Number 205998 Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P. O. Box 8212 Harrisburg PA 17105 -8212 RW437 (2/13) Page 1 of 1 SCHEDULE OF PROPERTY CONDEMNED pC'nnsytvania , (Declaration of Taking) DEPARTMENT OF TRANSPORTATION ROW OFFICE PROJ. NO. 080447 TYPE OF TAKE TYPE OF DESCRIPTION COUNTY Cumberland & Perry PT- Partial Take D- Deed Description S.R. — SECTION 0034 -023 TT- Total Take P- Plan lodged for recording with MUNICIPALITY Middlesex and Rye Notice of Condemnation R- Plan now recorded in Recorder's Office Name, Property Interest of Attached Type Condemnees, Mailing Address, Exhibit Parcel Claim of and Location of Condemned Number ** Type of Plan (if any) No. Number Take Property if an Description Recorded in 3 2100542000 PT Robert E. Keifer, Jr., Owner R Cumberland County Mailing Address: Recorder of 190 Sunnyside Drive Deeds Carlisle, PA 17015 -9039 Instrument # 201314265 Location of Property: Sheet 25 Deed Book 249, Page 3152 Perry County Tax Parcel # 21 -04- 0371 -004 Recorder of Deeds Instrument # 201303314 Sheet 25 4 2100543000 PT Donald E. Slike & Rose Marie Slike, R Cumberland h/w, Owners County Recorder of Mailing Address: Deeds P.O. Box 292 Instrument # Camp Hill, PA 17011 -0292 201314265 Sheets 26 & Location of Property: 27 Deed Book V34, Page 0600 Perry County Tax Parcel # 21 -04- 0371 -007 Recorder of Deeds Instrument # 201303314 Sheets 26 & 27 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY NO. 13 � 1 THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT -OF- WAY FOR STATE ROUTE 0034, SECTION 023, IN THE TOWNSHIP OF EMINENT DOMAIN PROCEEDING MIDDLESEX IN REM zr c.,; - G- C3 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please enter the appearance of Sean M. Concannon, Assistant Counsel, R/W, Office of Chief Counsel, Department of Transportation, P. O. Box 8212, Harrisburg PA 17105 -8212, as attorney for the Commonwealth of Pennsylvania, Department of Transportation, Condemnor in the above - captioned proceedings. S . Concannon As nt Counsel, R/W Dated: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - a a m OU C !r- IN RE: CONDEMNATION BY THE NO. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT -OF- f 73 WAY FOR STATE ROUTE 0034, SECTION 023, IN THE TOWNSHIP OF EMINENT DOMAIN PROCEEDING MIDDLESEX IN REM MEMORANDUM TO PROTHONOTARY You are hereby informed that notice of the condemnation effected by the Declaration of Taking filed to the above term and number on l� ?�Q`.2c� /.? , was recorded in the office of the Recorder of Deeds of the above county in �e � j (�,� , page(s) The condemnation book and page number, file number, or microfilm number of any property plat filed or microfilmed separately from the said Notice of Condemnation is shown on the list of property condemned which is attached hereto. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BY �3 District Righ ,4f-way Administrator Engi ring District 8 -0 RW437 (2/13) Page 1 of I SCHEDULE OF PROPERTY CONDEMNED pennsy[Vania' (Declaration of Taking) DEPARTMENT OF TRANSPORTATION ROW OFFICE PROD. NO. 080447 TYPE OF TAKE TYPE OF DESCRIPTION COUNTY Cumberland & Perry PT- Partial Take D- Deed Description S.R. — SECTION 0034 -023 TT- Total Take P- Plan lodged for recording with MUNICIPALITY Middlesex and Rye Notice of Condemnation R- Plan now recorded in Recorder's Office Name, Property Interest of Attached Type Condemnees, Mailing Address, Exhibit Parcel Claim of and Location of Condemned Number ** Type of Plan (if any) No. Number Take Property (if an) Description Recorded in 3 2100542000 PT Robert E. Keifer, Jr., Owner R Cumberland County Mailing Address: Recorder of 190 Sunnyside Drive Deeds Carlisle, PA 17015 -9039 Instrument # 201314265 Location of Property: Sheet 25 Deed Book 249, Page 3152 Perry County Tax Parcel # 21 -04- 0371 -004 Recorder of Deeds Instrument # 201303314 Sheet 25 4 2100543000 PT Donald E. Slike & Rose Marie Slike, R Cumberland h/w, Owners County Recorder of Mailing Address: Deeds P.O. Box 292 Instrument # Camp Hill, PA 17011 -0292 201314265 Sheets 26 & Location of Property: 27 Deed Book V34, Page 0600 Perry County Tax Parcel # 21 -04- 0371 -007 Recorder of Deeds Instrument # 201303314 Sheets 26 & 27