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Home My WebLink About14-2068 Supreme Cou`r o- tPennsylvania Coui',t Of- Coin lm0 � Pleas For Prothonotary Use Only: C Wil CbverjSheO T!1 •S ,a Docket No: j CUMBERLAND County The information collected on this form is used solely for court administralion purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by lain or rules ofcourl. Commencement of Action: S O Complaint El 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 G6 HOSPITALITY PROPERTY, LLC, ET AL. Dollar Amount Requested: E' within arbitration limits I Are money damages requested? Yes x; No O 1 (check one) E] outside arbitration limits N Is this a Class Action Suit? E] Yes No Is this an MDJAppeal? C1 Yes 0 No A Name of Plaintiff /Appellant's Attorney: MARK D. BRADSHAW, ESQ. (STEVENS & LEE, P.C.) E -1 1 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 El Intentional El Buyer Plaintiff Administrative Agencies El Malicious Prosecution El Debt Collection: Credit Card L: , Board of Assessment Ei Motor Vehicle ❑ Debt Collection: Other El Board of Elections Nuisance i='. Dept. of Transportation E Premises Liability 0 Statutory Appeal: Other S 0 Product Liability (does not include - Employment Dispute: mass tort) E Discrimination Cl Slander/Libel/ Defamation El C E Other: Employment Dispute: Other Q Zoning Board T - Other: I El Other: O MASS TORT El Asbestos N 0 Tobacco Toxic Tort - DES E] Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS E] Toxic Waste El Ejectment Q Common Law /Statutory Arbitration B 0 Other: Q Eminent Domain/Condemnation 0 Declaratory Judgment Ground Rent E] Mandamus !C Landlord /Tenant Dispute E] Non - Domestic Relations El Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY El ° Mortgage Foreclosure: Commercial Q Warranto Q El Dental ❑6� Partition Cl Replevin ❑l Legal 0 Quiet Title El Other: 3 Medical Other: EI Other Professional: Updated 1/1/2011 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 NO. COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, cn� c FOR THE TOTAL RECONSTRUCTION :Z- OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 220 AND 227 IN REM C' (PART OF PARCEL ID NO. 21-07-0467-016B) EMINENT DOMAIN CONDEMNEE: G6 Hospitality Property, LLC, a Delaware Limited Liability Company, and Joseph V. Capuano and Nancy P. Capuano, husband and wife, as their interests may appear. 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, tights, easements, franchises and other property deemed necessary or convenient for the construction or efficient operation of the Turnpike. ,2 3 0 0 3. This Declaration of Taking was authorized by a Resolution adopted February 18, 2014 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 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 Middlesex, Cumberland County and consists of 0.025 acre as required drainage easement, and 0.092 acre in easement for the benefit of the Middlesex Township Municipal Authority, 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 hereby condemned is (i) drainage easement in the surface, (ii) a twenty foot (20') wide easement in the surface for the benefit of the Middlesex Township Municipal Authority, (iii) 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, (iv) the right to access those minerals, oil, or gas from the surface of the land hereby condemned, and (v) 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, 2 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 Pennsylvania Turnpike Commission'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 made or secured by the filing of said Bond, attached hereto and made a part hereof as Exhibit "C ". PENNSYLVANIA TURNPIKE OMMISSION Date: L BY: Mark D radshaw, Esquire Stevens & Lee, P.C. 17 North Second Street, 16 Floor Harrisburg, PA 17101 (717) 255 -7357 (610) 371 -7362 (facsimile) mdb @stevenslee.com 3 Pennsylvania Turnpike Commission America's First Superhighway N'W'.paturnpike.com RESOLUTION AUTHORIZING THE ACQUISITION OF THE REQUIRED PROPERTY FOR RIGHT -OF -WAY BY PURCHASE OR CONDEMNATION FOR THE TOTAL RECONSTRUCTION PROJECT FROM MILEPOSTS 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 from Mileposts 220 to 227 of the Pennsylvania Turnpike mainline and specifically includes property of G6 Hospitality Properties, LLC, a Delaware Limited Liability Company, and Joseph V. Capuano and Nancy P. Capuano, husband and wife, as their interests may appear, Right -of -Way No. 3310 -G, 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 project from Mileposts 220 to 227 of the Pennsylvania Turnpike mainline and specifically includes property of G6 Hospitality Properties, LLC, a Delaware Limited Liability Company, and Joseph P. Capuano and Nancy Capuano, husband and wife, as their interests may appear, Right -of -Way No. 3310 -G, a partial take; and BE IT FURTHER RESOLVED that the property necessary for the required right -of- way for the total reconstruction project from mileposts 220 to 227 of the Pennsylvania Turnpike mainline 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 "A" Our Mission: To responsibly operate and manage a safe, reliable and efficient toll road system, serve as a transportation services leader, and foster innovation to better serve our customers. 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 Minutes f Esaidres6tution ting of the, Pennsylvania Turnpike Commission, held on the day of 2014, in Highspire, Pennsylvania, at which a quorum was present, an that was unanimously adopted. kA LO WI L TNESS my hand and the Official Seal of said Commission this 1 U day of A.D. 2014. Woo A Maw ouis, rounds Assistant Secretary- Treasurer Exhibit "A" 1 NOTES THE TIES BEARINGS. AND DISTANCES ON THE TAMNG AREAS OF THE PUN ARE N GEOMETRIC ACREEMENT,WITH THE PENNSYLVANIA TURNPIKE OT S A 70 &83 PA TURN q(E SlIR 228.7 SURVEY & R/W BASELINE AND ARE NOT NECESSARILY IN THE SYSTEM OF ® PoT STA 157+58.00 SR 0017 SURVEY ADJACENT RESIDUE DESCRIBED BY THE DEED CALLS STA THIS PROPERTY PLOT CgV'`G" 709 +76 N IS THE COUNTY COURTHOUSE AND REFLEECCTS FROM THE THE ACCURACY A D RECOR AND/OR INACCURACY OF THE DEED. 4i �,� r'PR�PSR RECOR PV PRIVATE SUBDIVISION OR RE PLOTTED E E DEED OF REC FEATURES AND LIMITED FIELD DATA PRIVATE PROPERTY LINES WERE NOT - -- ` - -- PA ILRA4 /KE B9 LAA23 - --------- - - - - -- M1 PA TURNPIKE SURVEY - - - - - - -- SURVEYED BY THE PROFESSIONAL LAND SURVEYOR RESPONSIBLE FOR THE 18 COMB 55 8 UD & R/W @ - PROJECT. --- --N881 O7•E - - - - - -_ - -- __ - - - - - - - - - - - -- -« -- -- - TH 6 PROPERTY PLOT PLAN NOT TO BE SUBSTITUTED FOR A 18 BOUNDARY SURVEY. 6 _ PA 7UKYPdfE M LANES e.n - -- 0 ------ -- ------------ - - - - -- --- - - - - - �- THE REQUIRED p1T -OF -WAY FOR THIS PROJECT SHALL BE ACQUIRED IN FEE SIMPLE UNLESS`OTHERWISE NOTED. AREAS, F ANY, DESIGNATED AS REQUIRED FOR OTHER THAN RIGHT -OF =WAY SHALL LE ACQUIRED IN SUCH O I� - ESTATE AS DESIGNATED. - DRAIN. EASE. F DRAINAGE EASEMENT. AN AREA WHICH SHALL ALLOW THE COMMISSION % . / _ F -�� F TO ENTER THE PROPERTY, AS NECESSARY. TO CONSTRUCT OR AL7EA THE - ------ - - - - -- � - ---------- CNTR OF THE DRAINAGE AND TO MAKE SUCH FUTURE, REASONABLE / .4 F, ACCESS EA,FEMENT - G.PAYEL POB EASEFOR MIDDLESEX TYR 00. 2 /P. ENTRIES ES AS NECESSARY 70 MAINTAIN OR REC S THE DRAINA %1 / - - - - - - -- -. u ^^ - FA C0ITY FOR THE PROTECTION OF THE HIGHWAY. AY. ITli SHALL NOT PREVENT THE P OWNER FROM MAKING ANY USE OF THE AREA WHICH IS NOT TO THE CEY FLOW OF WATER. HOWEVER, / - STRUCTURE OF DETRIMEN ANY KIND MAY NE N THE DESIGNATED AREA. O i -,y ,75y;70• W fO p7• N 891930• E • - _ G 2Ll' M/OOLESEX TOl(N9Y/P NOR MAY ANY PIPE OR DITCH BE CONNECTED TO THE COMMISSION'S \ - --�- % - - EY ' Y� 00 +80.0 80. T L3 AY PIPE OR DITCH WT/OUT ADVANCED WRITTEN APPROVAL BY THE /.P. ( O (O O O O� O(p - -- MACJ X150. 0 50.00 13. �� O COMMISSION. - - N 1313'� O \ \ VVV - -- --- - - - - -- flj ,E/ySEM T ACQUIRED FOR THE BE THE O \ \ 00' M/OOLE7FX IONNSiY /P V YIDOLE TOWNSHIP My1(ICIPAL AUTNIXQ TiE PROPOSED DRAINAGE EASEMENT BEING ACQUIRED BY THIS PLAN - Li4AWACE EA.47/ENT t60.O0 FOR RIISTNG WATER LIRE IS COINCIDENTAL WITH THE EXIMG ACCESS EASEMENT AS GRANTED MAC FECAL 9.47/7- LV-- W.HYlWE 12 .95 124.95 �f TO THE ADJACENT PROPERTIES AND UTILITIES OF RECORD PER THE \ \ FAN L/NA ACCESS 12 ORANAGEO O ENT VV Q DATE OF THIS PUN. \ \\ \\ \ MOTEL BU/LO/NC 149.95' EA U v t - -- or - - -- -- - - - - -- J O O �1�.y.f1 V� Ipq1 -�pp(F �, \ \\ \\ \\ • T- MAC ® -- O MIDDLESEX TOWNSHIP mom \ / \£ \\ BU/IA'NC \ \\ MAC \ \\ `� ; MOIEI B///LD/NC rt \ \ \ MAC \\ 1 Ce NL2SP/TAUTY PRLWER7Y LCG �! \ > l A OELAWARE L/M/7ED LLABR/TY COMPANY 'O _ h to SECOVD STATE EN/E77PR/SES INC MAC \ \\ \ \ \ i LP !8 \\ 1I 1 Y AVAa ESEX 7ONIV57//P A LEGEND DR ORA/NAGE EASEMENT /.P. ROSTAN ASSOCYAIE$ X00 'LT A PENNSK MAN/A PARIMR9YIP SCALED D&IER91ON i LP. p -C- -F- CONSTRUCTpN SLOPE LIAOT CUT Fill DEED PLOT 0 100 P. REQUIRED DRNNAXLE EASEMENT EABEAIFNTACQIARFD FIXiT1EBENERTOF TIE .. ® NON REQUIRED STA. T10.W 0 TO STA. 779+96.09 RT. MIDDLESFXTOYNSHIP MUOCpALALRgRRY STA 709+80.00 TO STA. 711-MM RE S) SIDE BEARING, 11-1411-, FT. BEARING LENGTH. F,f. N8C17WE 3&85 O N86Y707•E 20D.OD NSTRUMENTf: 201227384 LINKED MPANY(REMINDERLLEREST)MYAFE B 801-425rE 49.95 SOl - 425rE 2100 PAGE WA - LINKED LIABILITY C(MSDAN/Y (REMAINDER INTEREST 1 C N 32 W 2921 I 888 W 20001 DATE OF DEED: 070&2012 & S 86'17O9'W 27.6T J N01.4259•W 20.00 611E OF RECORD: 011 LIMITED 020IEWIM BHO PROPERTY LLC. A DELAWARE N Ol -4273• W 24.95 CONSK)EF ATIO/t SM730D0 LIMITED LIABILITY COMPANY (ESTATE FOR YEARS AND IMPROVEMENTS) 1 63 LP S. STAMPS. SM174M • REQUIRED ORANAGE EASEMENT TAKEN FROM LAMB PREVEOULSY DE81ONATED AREA- GiMACCRE AREA =OD92ALRE - TAXMAPPARCEL• 21-07-0487 ASACCESSFASR.EM(OAMACRE8)NO MIDDLESEX TOWNSHIP WATERLINE PARCEL NO.: 0188 RIGHT-OF4MY01003ACRIS) VERIFICATION DATE: 1241312 INSTUMENT#: 201227385 DEEDAREA. NONE READ RAN FORUMITEDACCESS` NONE PROPERTYPLOT PREPARED BY: WBS. NUMBER PAGE: WA CALCULATED AREA &317 REOD RAW FOR 1W. ROAD/SR NONE <NORN. RJC �� T- 214.O0T002hO1 - 'DATE OF OEM. 09106012 EXCEPTOWMVERSE AREA NONE REQDTEmRCONST EASEMENT NONE PLAN NO.: RW 3310-0 IA NO.: 983 446WESf BUCHARRrHORN.NC NETWORK HUMBER DATE OF RECORD: 091077m12 LEGAL RIWAREA NONE EI DRAINAGE EASEMENT O.WS• PROPERTY F S uX9ry .ter TURN' FILENAME PMCEL183O1DON CONSIDERATION: EFFECIVEAREA &317 RECDSLOPEFASEMENT. NONE G6 NOSPRITY AL PROPERiI' A SEEABOVE KLG PoMTI YORK PA 17401 DRAWING TYPE LRS. 8D1MP3: $20.00 TOTAL READ RIW AREA NONE PEQ'D SUB RIW FOR XX)OOC NONE - DELAWAREUMITEDLIABILMOO NFANY1 PREPARED FOR PIKE STRUCTURE NUMBER NONE TAX MAP PARCEL 214744W TOTALRESIQUEANEA 8.317 PFMFNAL DATE: 410 -2012 TOWNSHFIBOROUGH: MODLEEEIXTOWNSHP THE PENNSYLVANIA PARCELING.: 01617 RFSIOUELTAREA NONE FINAL 12.124=72 COUNTY: CUM/BERUND DRATMNG` 1 OF 1 TURNPIKE -/ TURNPI COMMISSION SCALE AS SHOWN VERIFICATION DATE: 124312 RESIDUE RTAREA: &317 REV. FINAL' 01-31 -2014 DISTRICT. 3 SNffY. OF 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, : NO. 41, G COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 220 AND 227 IN REM (PART OF PARCEL ID NO. 21-07-0467-016B) EMINENT DOMAIN CONDEMNEE: G6 Hospitality Property, LLC, a Delaware Limited Liability Company, and Joseph V. Capuano and Nancy P. Capuano, husband and wife, as their 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 2014. ATTEST: PENNSYLVANIA TURNPIKE COMMISSION Q L114J By: nh Lnn Lou' e rdiTiund William K. Lieberman Assisi Secretary- Treasurer Chairman EXHIBIT "C" PTC -432M (2/13) 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, NO. J� CA O COUNTY OF CUMBERLAND, _ COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKES : ca_ BETWEEN MILEPOSTS 220 AND 227 IN REM cs a C)) (PART OF PARCEL ID NO. 21-07-0467-016B) EMINENT DOMAIN CONDEMNEE: G6 HOSPITALITY PROPERTY, LLC 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 1 , 2014, was recorded in the Office of the Recorder of Deeds of the above county at Instrument No. VO qF The condemnation instrument number, file number, or - microfilm number of any plot plan filed or microfilmed separately from the said Notice of Condemnation is shown on the list of property condemned, which is attached hereto. PENNSYLVANIA TURNPIKE COMMISSION By: GHT -OF -WAY ADMINISTRATOR