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HomeMy WebLinkAbout13-6732 Supreme Co A ko ennsylvania Co o`mmo leas For Prothonotary Use Only: n n i� , Docket No: County���' n I3— 673 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 0 Complaint ® Writ of Summons ® Petition Transfer from Another Jurisdiction x Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Pennsylvania Turnpike Commission Cumberland Co. Agricultural Land Preservation Board i Dollar Amount Requested: [3 within arbitration limits I Are money damages requested? [3 Yes No (check one) ®outside arbitration limits �O N Is this a Class Action Suit? © Yes R] No Is this an MDJAppeal? 0 Yes n No A Name of Plaintiff /Appellant's Attorney: Jeanmarie McLaughlin, Assistant Counsel, Pennsylvania Turnpike Commission 0 Check here if you have no attorney (are a Self- Represented 1Pro Sel 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 0 Buyer Plaintiff Administrative Agencies El Malicious Prosecution I© Debt Collection: Credit Card © Board of Assessment Motor Vehicle Q Debt Collection: Other ® Board of Elections Nuisance Dept. of Transportation n Premises Liability Statutory Appeal: Other S IJ Product Liability (does not include [3 Employment Dispute: E mass tort) Slander/Libel/ Defamation Discrimination f C 0 Other: Employment Dispute: Other Zoning Board T Other: I El Other: ' O MASS TORT Q Asbestos 4 N n Tobacco Q Toxic Tort -DES ® Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 1 Ejectment Other: J Common Law /Statutory Arbitration B xJ Eminent Domain /Condemnation ® Declaratory Judgment Ground Rent Mandamus ® Landlord/Tenant Dispute Non- Domestic Relations i Q Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial 0 Quo Warranto ® Dental © Partition 0 Replevin n Legal 0 Quiet Title ® Other: 0 Medical ® Other: © Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE e7 NO. TOWNSHIP OF NORTH MIDDLETON, �- CUMBERLAND COUNTY, COMMONWEALTH OF PENNNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 220 AND 227 IN REM ran (PART OF PARCEL ID NO. 29 -07- 0469 -002) EMINENT DOMAIN z' - CONDEMNEES: THE CUMBERLAND COUNTY AGRICULTRUAL LANDp PRESERVATION BOARD, AS ITS INTERESTS MAY APPE ry r _. 0j, - > DECLARATION OF TAKING The Pennsylvania Turnpike Commission files this Declaration of Taking as provided for in the Eminent Domain Code of 2006, Act of May 4, 2006, P.L. 112, No. 34, §1, 26 Pa.C.S. §302 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 3 of the Act of July 18, 2007, P.L. 169, No. 44, 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. This Declaration of Taking was authorized by a Resolution adopted September 17, 2013 by said Condemnor. A copy of said Resolution is attached hereto and made a part hereof X103. rl6rd a s A 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 to construct the total reconstruction of the Pennsylvania Turnpike between mileposts 220 and 227 and its requirements. 5. The property condemned is situate in the Township of North Middleton, Cumberland County and consists of 0.436 acres in fee as required right -of -way for limited access, 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, being filed with the Prothonotary and recorded with the Office of the Recorder of Deeds of Cumberland County in accordance with Section 304 of the Eminent Domain Code of 2006. 6. The nature of the title condemned herein is the agricultural conservation easement granted by Roy L. Miller and Gladys L. Miller, husband and wife, to the Commonwealth of Pennsylvania, pursuant to the Agricultural Area Security Law by and through the Agricultural Land Preservation Board of Cumberland County, dated May 20, 1988 and recorded in the Cumberland County Recorder of Deeds Office in Deed Book Volume 566, page 457. 7. A plan showing the condemned property may be inspected at Condemnor's field office located at the Carlisle Interchange, Exit 226 of the Pennsylvania Turnpike, Carlisle, PA during regular business hours. 8. The Condemnor files with this Declaration of Taking its Open End Bond without surety pursuant to Section 303(a) of the Eminent Domain Code of 2006. Just Compensation is 2 made or secured by the filing of said Bond, attached hereto and made a part hereof as Exhibit "C ". PENNSYLVANIA TURNPIKE COMMISSION By: Qmm� A& l & JoAmarie McLaughlin, E it JAn F. Dwyer, Esquire Pennsylvania Turnpike Commission P.O. Box 67676 Harrisburg, PA 17106 -7676 (717) 831 -7318 jmclaugh@i)atumpike.com 3 r Penn ,Ova =Turnpike Commission America's First Superhighway www.patumpike.com i RESOLUTION AUTHORIZING THE ACQUISITION OF THE REQUIRED PROPERTY FOR RIGHT -OF -WAY BY PURCHASE OR CONDEMNATION FOR THE TOTAL RECONSTRUCTION PROJECT FROM MILEPOST 220 to 227 WHEREAS The Pennsylvania Turnpike Commission is authorized and empowered by Section 3 of the Act of July 18, 2007, P.L. 169, No. 44, as amended to acquire by purchase or condemnation any lands, rights, easements, franchises and other property deemed necessary or convenient for the construction or efficient operation of the Pennsylvania Turnpike; and, 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 reconstruction of the turnpike mainline between mileposts 220 and 227 and specifically includes property of Barry L. Garman, Dennis E. Garman and Thomas L. Garman, and the Commonwealth of Pennsylvania, by the Cumberland County Agricultural Land Preservation Board, as its interests may appear, Right -of -Way No. 3192 -C , a partial take; 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 the total reconstruction of the turnpike mainline between mileposts 220 and 227 and specifically includes property of Barry L. Garman, Dennis E. Garman and Thomas L. Garman, and the Commonwealth of Pennsylvania, by the Cumberland County Agricultural Land Preservation Board, as its interests may appear, Right -of -Way No. 3192 -C , a partial take; BE IT FURTHER RESOLVED that the property necessary for the required right -of -way for the total reconstruction of the turnpike mainline between mileposts 220 and 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. Our Mission: To responsibly operate and manfge a safe, reliable and efficient toll road system, serve as a transportation services leader, and #Oster innovation to better serve our customers. Exhibit "At1 CERTIFICATION I, ANN LOUISE EDMUNDS, Assistant Secretary- Treasurer of the Pennsylvania Turnpike Commission, do hereby certify the foregoing to be a true and correct copy of an excerpt of the Min s o th Meeting of the Pennsylvania Turnpike Commission, held on the � day of , 2013, in Highspire, Pennsylvania, at which a quorum was present, and tha 'd resolution was unanimously adopted. T SS my hand and the Official Seal of said Commission this 17 day of A.D. 2013. 1.4 A Aw"j, 3 -V 14 Ann L4seEdmuCds Assistant Secretary- Treasurer 2 i I I NOTES THE RES. BEAPoNG% AND DISTANCES ON INC TAKING AREAS OF THE PLAN ARE IN GEOMETRIC AGREEMENT YMTH THE PENNSYLVANIA TURNPIKE N SURVEY Q R/W BASU IE AND ARE NOT LffCESSAPoLY IN THE SYSTEM OF �� £ LOW WA7ER MARX Or 74 COvQ9OcUmT CBEEX ADJACENT RESIDUE DESO18BE0 BY THE DEED CALLS. PA/N7FD Ri15 PROPERTY PLAT PUN R PLOTTED FROM THE DEED OF RECORD N u S 297658 "E THE. COUNTY COURTHOUSE AND REFLECTS THE ACCURACY AND/OR 416 97' N JJD546' W 6H5 yo S 2� J Z 7 4' E. INACCURACY OF THE DEED. PRIVATE PROPERTY LINES ARE PLOTTED FROM THE DEED OF RECORD. - N/F S J15926" E RECORDED SIMMSION OR LOT PUNS VaSRNG TOPOGRAPHICAL NOT co?" AA'D I9LL 4J' FEATURES AND LIMITED FIELD DATA PRIVATE PROP 0N9B1E FOR THE LANRFNLE LOHAEH S VV:34' £ SURVEYED BY THE PROFESSIONAL LAND SURVEYOR PAM77ED TS -LCYl' PROJECT. 5 JT4972 E AGYLOM7NG 7)ff LOW POST 212 �. WATER HARK Or THE 11115 PROPERTY PLOT PUN IS NOT TO BE SUBSTITUTED FOR A C 'ET CArfX BOUNDARY SURVEY.. MP U 8 S 47535YE ' E ' 223.6 .y H9.GI7' THE SIMPLE BEQUIRED RNSLT -OF -WAY FOR T115 PROJECT EAS. I DES IGNA T ED Fink, BE T R1 li STA O S 445972 FEE SIMPLE UNLESS OTH NOTED. AREAS. L ANY, AS REIXRRED FOR OTHER THAN AN Ib A PoGHT -OF -WAY SHALL BE ACQUIRED O IN SUCH 545+88 556 +µ �q . fJ' 'E ESTATE AS DESIGNATED S, I. . f� BT 35 CLEAN AND GREEN: PARCEL SUB.ECT TO CERTAN. CONDI lr. RESTRIUONS S 42I7 ' F AND LIMITATIONS OF AN AGRIR CIJLIURAL EASQAFNT DAhD NAY 20. 1998 AND RECORDED .RAZE $ 1998 W THE CUMBERLAHD COIMIY RECORDER'S OFFICE 08' R OUS BOOK 576, PAGE 1118• UNDER AND SUBJECT TO THE N� �`E AGICULTURAL AREA SEOJRITY LAW (P.L 128. NO. 43) AS AMENDED. GENAL19 AM9 q (AK{RFNLE LIXKYN 5 }2� THE CONODOGIME WAY. - T CREEK IS A NAVIGABLE WATER SR R ®AR_ Sn AAMES S HALL N 07'4916" E 952A6 N 75l4'I6' E BARRY L G.GG4K 8W'?S' � '� S A L 'WD y S 955205' W 47612' ✓`� p)WVA7E RYi'7T - -0' =WAY L6Vf W 1 SR 9`BAR N' N857416'E /6.F29' d LEG4C RH7LT- #-7YAY N "I'll W 94.72' A0�T h !F<w1L AYG//T- G�-WAY LRVE /n h FG7 L,W/ItD AGY'L5S _ P O B �AE£DI.P -X CRB txJ WAGGONERS CAP ROA/ LL + rc a r m 0074 S71 RcsAR SR S 7 /]471' W 159A2/' o- PA No LANES ° PA TNbYPlKf NB LAMES N 7174'10' E pro, R 8 SEE DETAIL DWG 2 OF 2 LE GEND aq PA TURNPIKE SRLVEY & R/W 0 q : ROY L. AKLO? AH0 00 �' 7mf1A wXFNaYw r� pi0 ' *T EXCEPTIONS 6CAU3)0A1@/510N HVS9.4RB� NFIE $ A 7 . ROY L AND GDYS L MILLER i 7 2 ;I � OB 32J U PC 0109 2 AREA = 0.92 ACRES A ALEXANAER AND A REA ALSO INW /0ES 1.0192 ACRES — O' —F— 5 T AEAMTIH PO4>!T M ® , WfE OF PPoVATE R/W FOR MelE UT R C FILL I S ® iORLFNTEDALGE99 DEED PLOT D 4DD AGO FTfr 76 . DEED6o010 280 OEDAREA 9R9B R PJW POR ll1A7®ACCEB6 ogle PROPERTY PLOT F,AGE tKas GMCULAT®ARPA — REDURffl— TWP.ROACY9JL: NoIE LO. NO-' 376 PREPARED W. T•214.00TW24411 - tiVTEOFD®: 030yLOD7 p�TpW/IpJH AREA 092 REC'OTL3.P.CONSL FABBdBIC.. NONE PlAl1110_ iLVYD1B2C BUCNARCHORN. BLC� NEINVRKNUMB&E OA7E OF E BAR RECORD, O/A8@001 .lEGA1FtlWARFA 0.008 RE9D OPADRAINAGE EASEMEWP NONE PROPERTY i pp ARFX 90.982 RF7]D St1TPf? L EASEMEND NOM BARRY L GARMAN, p9pSE R1' LGARMAH.OBlRB Ma'wiulvErn 44.S NE8TPF81.ADHPISA ST. TUTRN - � IYJ>Ca78 O1JXTI NoNE AAOT110pM9LOARMAFI _ CONSMERAT101t 51.00 TO TAL RM'AREA Q490 f1E0'DSIIB RM/ FOR MOOI'TI NONB l3AR7AAFI /BOROIlOF1: NORTH MWOLETDN IOYVN9i� CL7JWNI 1 1WYlY�T YOFOT,FW17401 ORNVINO TYPE TAXMSPPARC9_ 20074,83 TDTALREBIDIRAREA: 90bi6 - gEFfULOA1E $?y1pi2 TOKt1915P ORIV'IR1G / OF 2 PREPARED FOR, PI"� S7WwTUiENBMBB! NONE FMR� NOa 002 RES8XIB LT AREA 88648 - Ff1AL''tp2(TMI2 G "'" AND grygi; aF F THE PENMMVANA SCALE A SHOWN VFJfiFlh1710HMTE 10081J012 RESIDUERTARSI NONE TLw&4VE COMM8SION W o 8 N s m ie� eJ N ;�gg� L U � a € I a �m Rg I II I� 85. °a I ii I ii � � I I I i I J J® I I I I � h I 8 I I 11 J I II I < I I I p m i I I I 111 I I I P— O. � I I I' I �g I I 1 11 8 I 1 m y� I O I I I I Z 2 N N a Y� Exhibit "B" - Page 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF NORTH MIDDLETON, NO. CUMBERLAND COUNTY, COMMONWEALTH OF PENNNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 220 AND 227 IN REM (PART OF PARCEL ID NO. 29-07-0469-002) EMINENT DOMAIN CONDEMNEES: THE CUMBERLAND COUNTY AGRICULTRUAL LAND PRESERVATION BOARD, AS ITS INTERESTS MAY APPEAR 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 day of G &� 2013. TEST: PENNSYLV NIA TU PIKE COMMISSION By: ise Ed nds William K. Lieberman Assistant Secretary- Treasurer Chairman EXHIBIT "C" PTC-432(2/13) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE : NO. 13-6732 TERM,2013 PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF NORTH MIDDLETON, CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA, : IN REM FOR THE TOTAL RECONSTRUCTION : EMINENT DOMAIN OF THE PENNSYLVANIA TURNPIKE raf BETWEEN MILEPOST 220 AND 227 - (PART OF PARCEL ID NO. 29-07-0469-002 1 ;i; r . ry N — tc PROOF OF SERVICE C ) Vic~ [.f' COMMONWEALTH OF PENNSYLVANIA • _i SS: c.4 r') COUNTY OF DAUPHIN Jeanmarie McLaughlin, being duly sworn according to law, deposes and says that she is Assistant Counsel for the Pennsylvania Turnpike Commission, and that on or before November 18, 2013, notice of the filing of the declaration of taking in the above matter was served on the condemnees affected thereby in compliance with Chapter 3, Section 305, of the Eminent Domain Code. Assistant Cou el Sworn to and subscribed before me Notary Public My Commission Expires: WEALTH T ` f PENNSYLVANIA Notarial Seal Alice M.Sebring,Notary Public Hampden Twp.,Cumberland County My Commission Expires Dec.9,2013 Member '-" °° ,{,elizA Association of Notaries . ,. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE : PENNSYLVANIA TURNPIKE COMMISSION • C) OF PROPERTY LOCATED IN THE • S `"' ^. TOWNSHIP OF NORTH MIDDLETON, NO. 13-6732 rn t-- e `' • CUMBERLAND COUNTY, re ..cr) COMMONWEALTH OF PENNSYLVANIA, • .,cz' 0 3 2 c' , FOR THE TOTAL RECONSTRUCTION • <� w• .x.-, -__< OF THE PENNSYLVANIA TURNPIKE =o - c.- =: BETWEEN MILEPOSTS 220 AND 227 IN REM a � -, (PART OF PARCEL ID NO. 29-07-0469-002) EMINENT DOMAIN c^, CONDEMNEES: THE CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD, AS ITS INTERESTS MAY APPEAR PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Condemnor, Pennsylvania Turnpike Commission. Respectfully, 1 dik" 0 • % i Jea I arie McLaughlin, Esq. • PA ID . 8 596 2--- J F. Dwyer, Esquire PA ID No. 89649 Pennsylvania Turnpike Commission P.O. Box 67676 Harrisburg, PA 17106-7676 (717) 831-7318 (717) 986-9654 (facsimile) Date: January 6, 2014 CERTIFICATE OF SERVICE I hereby certify that on this Gi ik day of January, 2014, a true and correct copy of the attached Praecipe for Entry of Appearance was sent via first class mail, postage pre-paid to the following: Robert G. Frey, Esquire Frey & Tiley 5 South Hanover Street Carlisle, PA 17013 Counsel for Condemnee Respectfully Submitted, By: le PA u I LS r I / J arie McLaughlin, E ' • ID No. 87596 Pennsylvania Turnpike Commission P.O. Box 67676 Harrisburg, PA 17106-7676 Counsel for Condemnor, Pennsylvania Turnpike Commission r �r IN THE COURT OF COMMON PLEAS OF t , {a CUMBERLAND COUNTY,PENNSYLVANIA g CJI 1LERLA AND CGJ N IN RE: CONDEMNATION BY THE CIVIL DIVISION PCP;INSY .VEI PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF NO.: 13-6732 NORTH MIDDLETON, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL STIPULATION OF SETTLEMENT RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 220 AND 227 IN REM (PART OF PARCEL ID NO. 29-07-0469- EMINENT DOMAIN 002) FILED ON BEHALF OF: Pennsylvania Turnpike Commission CONDEMNEE: THE CUMBERLAND COUNTY AGRICULTURAL LAND COUNSEL OF RECORD FOR THIS PRESERVATION BOARD PARTY: Jeanmarie McLaughlin, Esquire I.D.No. 87596 John F. Dwyer, Esquire I.D.No. 89649 Pennsylvania Turnpike Commission P.O. Box 67676 Harrisburg, PA 17106-7676 Telephone: 717-939-9551 . 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 NO.: 13-6732 NORTH MIDDLETON, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 220 AND 227 • IN REM (PART OF PARCEL ID NO. 29-07-0469- EMINENT DOMAIN 002) CONDEMNEE: THE CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD,AS ITS INTERESTS MAY APPEAR STIPULATION OF SETTLEMENT AND NOW, this 1 ' day of %A. ,K, ,x , 20 1 , it is hereby stipulated and agreed by and between the Pennsylvania Turnpike Commission, Condemnor, and the Cumberland County Agricultural Land Preservation Board, Condemnee,that the within condemnation proceeding is hereby settled, discontinued, and satisfied in the amount of One Thousand Six Hundred ($1,600.00) Dollars,which sum is accepted by the said Condemnee in full settlement of all damages payable under the Pennsylvania Eminent Domain Code. It is stipulated and agreed: a. That upon delivery of the Condemnor's check for payment hereunder,the Condemnee shall cause the docket of these proceedings to be marked"Satisfied". b. That the Condemnee represents that no other parties have an interest in these damages by virtue of a lease, easement, security agreement, or for any other reason, and that if any party shall assert a claim against these funds and shall receive a final award -1- therefor in such party's favor against the Pennsylvania Turnpike Commission from a Board of Viewers or Court of record, then the Condemnee agrees to indemnify and save harmless the Pennsylvania Turnpike Commission from such award and agrees to pay the Pennsylvania Turnpike Commission the amount thereof together with costs and reasonable attorneys' fees. CUMBERLAND COUNTY AGRICULATURAL LAND WITNESS PRESERVATION :OARD �/j,1 1/A Z��� v'' l� V� By: ,.LA '--411",/ Vincent DiFilippo, Chai r .n Date: 1.'11 /3 Date: Q !e.wA.04—S' 2 47 2 D l3 By: �1`�a �, 7 Robert G. Frey, Esquire I.D.No. 46397 Attorney for Condemnee Date: Q 'j.AA. . ( )01ti BY: .lit AlAt1O' ' J arie McLaughlin, Es r!re II `o. 87596 Jo n F. Dwyer, Esquire I.D.No. 89649 Attorneys for Condemnor -2- IN RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA TURNPIKE : CUMBERLAND COUNTY,PENNSYLVANIA COMMISSION OF PROPERTY LOCATED: IN THE TOWNSHIP OF NORTH : CIVIL ACTION - LAW MIDDLETON, CUMBERLAND COUNTY: COMMONWEALTH OF PENNSYLVANIA: NO. 13--d 732 CIVIL TERM FOR THE TOTAL RECONSTRUCTION : = = OF THE PENNSYLVANIA TURNPIKE : IN REM , c BETWEEN MILEPOSTS 220 AND 227 : EMINENT DOMAIN (PART OF PARCEL ID 29-07-0469-002) : "' - --cg 1. ___ CONDEMNEES: THE CUMBERLAND COUNTY AGRICULTURAL LANE:_;r PRESERVATION BOARD, AS ITS INTERESTS MAY APPEAR PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Condemnee, The Cumberland County Agricultural Land Preservation Board. Date: January 13, 2014 Robert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 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 NORTH MIDDLETON, CUMBERLAND . COUNTY, COMMONWEALTH OF NO.: 13-6732 PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 220 AND 227 (PART OF PARCEL ID NO. 29-07-0469- IN REM 002) EMINENT DOMAIN CONDEMNEE: THE CUMBERLAND COUNTY AGRICULTURAL LAND PRESERVATION BOARD, AS ITS INTERESTS MAY APPEAR ORDER AND NOW, this A iL day of 92_✓teil/ , 2014, it is hereby ORDERED and DECREED that the attached Stipulation of Settlement in the above proceeding is APPROVED and made an ORDER OF COURT yezak J. Cz, eg Mat Irt r 44/ , Oficoa-C, l _ _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE CIVIL DIVISION vtz _=' ' PENNSYLVANIA TURNPIKE COMMISSION OF r-t3rfc= PROPERTY LOCATED IN THE TOWNSHIP OF -a NORTH MIDDLETON, CUMBERLAND -<> 9 COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL NO.: 13-6732 z ."0 RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 220 AND cso 227 (PART OF PARCEL ID NO. 29-07-0469-002) L'�1 I)i_1VJi'ii L. t Ili. l�IJ lYI:�LSi\1..t11'V iJ L<1 lJ_r I 1 AGRICULTURAL LAND PRESERVATION IN REM BOARD, AS ITS INTEREST MAY APPEAR EMINENT DOMAIN PRAECIPE FOR SATISFACTION OF PAYMENT AND SETTLE, DISCONTINUE AND END To: Prothonotary, Civil Division: Payment of the agreed upon sum in settlement having been made by the Pennsylvania Turnpike Commission, you are directed to mark the record of the above proceeding as "Satisfied"upon payment of your costs only. Further, you are directed to mark the record of the above proceeding "Settled, Discontinued, and Ended with Prejudice" upon payment of your costs only. 4 r° ,f v \i/Jo 4J anmarie McLaughlin, rsqui e Robert G. Frey, Esquire D. No. 87596 I.D. No. 46397 John F. Dwyer, Esquire Attorney for Condemnee I.D. No. 89649 Frey & Tiley Attorneys for Condemnor 5 South Hanover Street Pennsylvania Turnpike Commission Carlisle, PA 17013-3307 P.O. Box 67676 Telephone: 717-243-5838 Harrisburg, PA 17106-7676 Telephone: 717-939-9551 Date: --, �v" �—s 1 2_Z Z U 1L-1 Date: T",v\ _ 3 0 ( - k