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Home My WebLink About14-2630 Supreme Courf� of�Pennsylvania Court'of Common fleas For Prothonotary Use Only: Civil Cover 1 S1f&t Docket No: County The information collected on this f61-171 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 laiv or• roles Qf court. Commencement of Action: S ❑ Complaint ❑ Writ of Summons El Petition ❑ Transfer from Another Jurisdiction 17 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: C T '�T JLN , �J✓hM �� ti� Dollar Amount Requested: ❑within arbitration limits I Are money damages requested? ❑ Yes �$ No (check one) ❑outside arbitration limits O N Is this a Class Action Suit? ❑ Yes No Is this an MDJAppeal? ❑ Yes No A Name of Plaintiff/Appellant's Attorney: HOI'(4 022dO(SUn , Q f �� d Lad (! ❑ Check here if you have 110 zatt€arney (area Self - Represented JPro Sej Liti(�'ant) 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: I+ Discrimination ❑ Slander /Libel/ Defamation ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: ❑ Other: T I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: Eminent Domain/Condemnation Declaratory Judgment B n] Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 111/2011 v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C3 C -, -; C-- C7 IN RE: CONDEMNATION BY THE -v PENNSYLVANIA TURNPIKE COMMISSION ` OF PROPERTY LOCATED IN THE c r" b TOWNSHIP OF NORTH MIDDLETON, NO. 36 COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNNSYLVANIA, b v? P" FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 220 AND 227 IN REM (PART OF PARCEL ID NO. 29-07-0471-043 and PARCEL ID NO. 29 -07- 0471 -069) EMINENT DOMAIN CONDEMNEE: DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership 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 October 22, 2013 by said Condemnor. A copy of said Resolution is attached hereto and made a part hereof as 7S�' �3 �sr'l�� M 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 1.940 acres in fee as required right -of -way for limited access, a partial take. Notwithstanding the foregoing, there is excepted unto DABD Limited Partnership and reserved unto the Trustees of the First Presbyterian Church of the Borough of Carlisle and the public, for a limited time as herein set forth, a right of way for ingress, egress and regress over that portion of the aforesaid 1.940 acres hereby condemned lying within the existing Meeting House Road, only until such time as the Pennsylvania Turnpike Commission commences the total reconstruction of the Pennsylvania Turnpike within the portion of Meeting House Road hereby condemned and alternate access is provided. 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) 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 2 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 condemnee. 7. A plan showing the condemned property may be inspected at Condemnor's field office located at the Carlisle Interchange Toll Plaza, Milepost 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 PENNSYLVANIA TURNPIKE COMMISSION s By: _ xi� - I / Hollin4lr6ad, Mendelson, Bre a & Nixon, P.C. 310 Grant Street, Suite 2901 Pittsburgh, PA 15219 3 Pennsylvania Turnpike Commission America's First Superhighway www.patumpike.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 DABD Limited Partnership, a Pennsylvania Limited Partnership, Right -of -Way No. 3190 -A, 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 DABD Limited Partnership, a Pennsylvania Limited Partnership, Right -of- Way No. 3190 -A, a partial take; 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 excer of the t s of the Meeting of the Pennsylvania Turnpike Commission, held on the day o , 2013, in Highspire, Pennsylvania, at which a quorum was present, and that said resolution was unanimously adopted. T ESS my hand and the Official Seal of said Commission thisO day of A.D. 2013. ( jun Lo se Edm s Assistant Secretary- Treasurer i NOTES: THE TIES. BEARINGS. AND DISTANCES ON THE TAKING AREAS OF TOE PLAN ARE IN GEOMETRIC AGREEMENT WITH THE PENNSYLVANIA TURNPIKE SURVEY k R/W BASELINE AND ARE NOT NECESSARILY N THE SYSTEM OF ADJACENT RESIDUE DESCRIBED BY THE DEED CALLS. THIS PROPERTY PLOT PLAN IS PLOTTED FROM THE DEED OF RECORD N THE COUNTY COURTHOUSE AND REFLECTS THE ACCURACY AND /OR INACCURACY OF THE DEED. PRIVATE PROPERTY UNES ARE PLOTTED FROM THE DEED OF RECORD, MP M.P. RECORDED SUBDIVISION OR LOT PLANS, EXISTING TOPOGRAPHICAL Mp FEATURES AND LIMITED FIELD DATA PRIVATE PROPERTY LINES WERE NOT 2226 222'5 75##.30 SURVEYED BY THE PROFESSIONAL LAND SURVEYOR RESPONSIBLE FOR THE STA PROECT. STA 514420 493+08 SO-- THIS PROPERTY PLOT PLAN IS NOT TO BE SUBSTITUTED FOR A ® BOUNDARY SURVEY. TIE REWIRED RIGHT -0F —WAY FOR THIS PROJECT SHALL BE ACQUIRED IN FEE SIMPLE UNLESS OTHERWISE NOTED. AREAS, IF ANY, OESIGNAIID AS REWIRED FOR OTHER THAN RIGHT —OF —WAY SHALL BE ACQUIRED N SUCH ESTATE AS DESIGNATED. ALgWA(6 HOUSE CLEAN AND GREEN: PARCEL SUBJECT TO ACT 156 OF 1998, CLEAN AND GREEN SPRINGS CENE7ERY F AS RECORDED IN. BOOK 234 PAGE 736 DATED OCTOBER 5, 2000• FILED IN E Pi "�j,D� THE CUMBERLAND COUNTY RECORDER OF DEEDS OFFICE G. SCYIFERN BANK CREEK 190 VACATED �¢ MEETING DOUSE ROAD — FORMER TOWNSHIP ROAD 448 VACATED BY PA TURNPIKE — Po-At (DEER #JS7NU4eDVr /2O� NORTH MIDDLETON TOWNSHIP ORDINANCE 84-7 DATED APRIL 17. 1984 R STA !{4+7518 N 75760# EE 679.17" N 7179" E 7,165" S P4A473' E @97.37 AS FILED NTIi THE CUMBERLAND CIXINTY CLERK OF COURTS. G - 16'05'12' LT I 7 1/1 STY. .� D = 00'0900' @7/CA• FARM g7 OOqqpp RLLIO LLC ACCESS EASEMENT NOTE. FROM SUBDIVISION PLAN #200734092 T = 5397.73' NIX75E A PE NSK PANp LFW UAB/U7YCOMPANY IN THE EVENT THE CURRENT ACCESS TO LOT / 1 UNDER THE PA TURNPIKE R L — 10724.44' LOT A01. INSTRUMENT NO2O7BO63S9 ) CLOSED. THE OWNERS OF LOT / 1 SHALL BE GRANTED AN ACCESS EASEMENT R — 3B797.19' ACROSS THE ADJACENT BRUBACKER PROPERTY. THE LOCATION OF THE ACCESS SE - NONE /� � MAY BE COORDNATED VAIN DEVELOPMENT OF PROPOSED PUBLIC STREETS ON DS = 70 MPH TIE BRUBACKER PROPERTY. BUT MUST ULTIMATELY ALLOW ACCESS 1D 1 L /M /7fD AC WAGGONERS' GAP ROAD. THIS RIGHT OF ACCESS SHAH BE APPUCABLE TO ALL 0 FRAME O.1RA L PIN (DECD) / FUTURE HE IRS SUCCESSORS ASSIGNS OR TRANSFEREES OF BOTH LOT III 1 AND rn � FFj m I STLW'E BARN - —� _ ALAN B NEM A ND THE BRUBAOKER PROPERTY, F INf OABD UM/R71 GAB N 77779'47' E 7,392.9J DE OA67 LLw7ED �� N EUffNC N/LLER, .N. ANO hPARINER.Y /P, A PENNS# ✓AMA e ® PARINLRSN7P, A PENNSH ✓AMA �' Oj AA7NRM N. L@UER ADS IMFF 6 UM7C0 P�INERF@P Pw ISIS /672) l/d/ /EEO PAR '�� ® l� w, (GEED l98 897 9 / (DLFD 79@ / B9.v 1p GEAE'RAL @II/11' EAN7 G FR?P SVYAW5 8RG9AOIFR PRL\ECI �� MG7/T-O L /NE Ia 1LUOG7ARY S 23:1Y 7609 Fyq LE35 W afRI£ 70 RT. ALYYSE fA6fAE7YT S 17.9 " W $36336' R- 3@0972" L- 14,7457' -- _ - - -- = 6 _ 5 0 — 5 5 a PA Il/RNP/.1E 4 5 A TURNPIKE SURVEY Be R/W It EB LANES- SEE DETAIL DWG'S 2 & 3 OF 3 LOT .1. LEGENp DABD UNITED PARTNERSHIP. A PENNSYLVANIA LIMITED PARTNERSHIP INSTRUMENT #200806359 DEVELOPED FROM PARCELS 36 k 66 TOTAL AREA OF INSTRUMENT - 12275 ACRES, .00 1> E9UIED1apR41Fy ,WYFaRIImrEDAlxEBe OF WHICH 11.009 ACRES IS FROM PARCEL 36 BCALm ODBJSION ffIANO 181ONl FE N4T4T'00'E NAIT 8 N709M10E IN.BT N71 �E DEED PLOT -+ -- CONSTRUCTION SLOPE LIMIT S N71'i —E 1/75w G® T 61IY9WE mao' SCALE IN FEET STY wW 1918pHC13H1DD..77 _ ® 9H ) I. =% O wRC - ® FORLLWTTEDRIG Y RA'TRIIMENTS: 20080fi9'S ARFA�I9MA('lE8' PAGE' Wk DASD LIMITED PARME PENNSYLVANIA ACCESS DATE OF D ®: 12719OL0T QONMM60IQIAH2ETB .P.ACG498EI5aE1Tf UNTIED PARTNERSHIP a00IIAdE0101ERKU7011YFA�1H1f DA OF Y.ORk 031014=06 Gam) CONSIDHNBq 1,87600 D® BOOK10 1PAGE892NANCYJ.OEOROEANDJIMIE 36 I.R.B.3fAMP8: 583140 C. GEOORGF- BROTHER AND SISTER TAX MAP PARCEL 2OM4471 P46IRUMENT0 SNYDERSBRUBACK:R PROJECT, PARCEL NO; 080 V, A PENNSYLVANIA LIMITED RNTINBISHIP VERIFICATION DATE 1141017AM2 OEEDBOOK 191 OEEDAREA: 00326 RECD RAV FOR UMITEDACCESS 1940 PROPERTYPLOT PREPARED BY PAGE. NUMBER PAGE 690 CALCULATEnMEA: NONE RE43D RNL FOR TVIP. ROAD'SA: NONE s4 AE BUCNART HON!NC P@NA T- 214X0 70 024-01 -0 8 DATE OF DEED: 12NEIMS06 EACEPTIONADVERSEAREA NONE AEQ9 iB.P. CONS!FA4EMEN7: NONE PLAN ND: RAV 91004 IA NO: 374 3 118 WFSTPH6ADBR FILENAME IIAST. NENOORK NUMISM DATE OF RECORD: 12/28 44 9 8 6 lE9Al RANAREA NONE READ DRAINAGE PASEIAAENC NONE PROPERTY k 0000 YORKPA TURN- E: PARCEL30 OIDON CONSIDERATION: SIAD EFFECIIVEAREA: 891!6 RECD SLOPE EASEMENT NONE SEEABOVESIEEABOVE SEEABOVE unsn PIKE ORAWINOTYPE: IRS TE STAMPS: NO TOTAL READ RMLAREA: 1910 REO'D6UBRANFORXI000: NONE gg PREPARED FOR STRUCTURE NLMEM NONE TAX MAP PARCEL: 2987.0171 MTALRESDIEAREA: 97.388 PREEFIKALOATE: 06M42012 TOWNSHIP I BOROUGH NORTH MIDDLETON TOWNSHIP 71 r �C SCALE: A95HOWN THE PBMSYLVANIq PARCEL ND: 043 RESCUE LTAREA 073M FINAL 12/42012 CODUNTY. CUABERACUMBER RN - ORIIIYN(t 1 OF 3 Y ?y T•Q. TUPOE COMMISSION VERFICATWN DATE: 11(182012 PESIDUERTAREA: NONE DISTRICT. 3 SIIFET. OF Wn 2 1 I I of m O m S � Q $ p ]Q I S Cgyg rn �� O 0 0 R I I I A S$ Fn Q 0 N�zr -pop uo�� £ m 2!E M — �^ ys m m S LLy >o� ZjpL >{ bZL mUly C A��AI�IN� "N i- ill ;g� Em �O N o, QA2$ lit, T. NOTES THE TIES BEARINGS, AND DISTANCES ON THE TAKING AREAS OF THE PLAN ARE IN GEOMETRIC AGREEMENT WITH THE PENNSYLVANIA TURNPIKE SURVEY d R/W BASELINE AND ARE NOT NECESSARILY IN THE SYSTEM OF ADJACENT RESIDUE DESCRIBED BY THE DEED CALLS. THIS PROPERTY PLOT PLAN IS PLOTTED FROM THE DEED OF RECORD IN THE COUNTY COURTHOUSE AND REFLECTS THE ACCURACY AND /OR INACCURACY OF THE DEED. PRIVATE PROPERTY LINES ARE PLOTTED FROM THE DEED OF RECORD, RECORDED SUBDIVISION OR LOT PUNS, EOSTING TOPOGRAPHICAL FEATURES AND LIMITED FIELD DATA PRIVATE PROPERTY LINES WERE NOT SURVEYED BY THE PROFESSIONAL LAND SURVEYOR RESPONSIBLE FOR THE PROJECT. THIS PROPERTY PLOT PLAN IS NOT TO BE SUBSTITUTED FOR A I I BOUNDARY SURVEY. I / THE REWIRED RIGHT -OF -WAY FOR THIS PROJECT SHALL BE ACQUIRED IN / f FEE SIMPLE UNLESS OTHERWISE NOTED. AREAS, IF ANY, DESIGNATE) AS REWIRED FOR OTHER THAN RIGHT -OF -WAY SKALL BE ACOUM IN SUCH I / ESTATE AS DESIGNATED. NNE OAA7 L/N77EO PAR7A`.RSN /P, I I CLEAN AND GREEN: PARCEL SUBJECT TO ACT 159 OF 1998, CLEAN AND GREEN A PENNs7L VANIA UMN7W PARMCR911' AS RECORDED IN BOOK 234. PACE 736, DATED OCTOBER 5, 2000, FRED IN ® 40' 7ENPOYARY THE CUMBERLAND COUNTY RECORDER OF DEEDS OFFICE. O ACCESS FARMYE7JT MEETING HOUSE ROAD - FORMER TOWNSHIP ROAD 448 VACATED BY Q NORTH MIDDtETON TOWNSHIP ORDINANCE 84-7 DATED APRIL 17, 1984' 222. MP /�/ AS FEED WITH THE CUMBERLAND COUNTY CLERK OF COURTS MP ACCESS EASEMENT NOTE. FROM SUBOIVISKLN PUN /200734092, 2228 508A IJ/ IN THE EVENT THE CURRENT ACCESS SHALL LOT / T UNDER THE PA TURNPIKE IS 12, !QI CLOSED, THE OWNERS OF LOT f I S BE GRANTED AN ACCESS EASEMENT STA 503464 /Z'I ACROSS THE ADJACENT BRUSACKER PROPERTY. THE LOCATION OF THE ACCESS ® L(� [;E7Yf7YA[ U7/UTY FASENEA'T MAY BE COORDINATED WITH DEVELOPMENT OF PROPOSED PUBLIC STREETS ON '_' y pp pyy0[,YS RRR/BAGYER PROECT THE BRUBAC(ER PROPERTY, BUT MUST ULTIMATELY ALLOW ACCESS TO WAGGONERS' GAP ROAD. THIS RIGHT OF ACCESS SHALL BE APPLICABLE TO ALL qHv FUTURE HEIRS, SUCCESSORS, ASSIGNS OR TRANSFEREES OF BOTH LOT / 1 AND REQUIRED RIGHT -OF -WAY UNE I / I +50.00 THE BRUBAC(ER PROPERTY. [EGAL R/OMT- 6�-WAY boove FOR LIMITED ACCESS 0 • FG7 Ud97F0 ACLE53' / I +SO.W . 00.00 R/W 3197 II I _ 37 F / F - -� I F 0.\ a F g _ - -_ - -- _ - -- _ -- -._ —_— i - -- _ o— _ _ - - - -- __ — _ —�- - -- -- - -- - -- - - -- N 71149 _ 0' E --- _- - -_ - -_ _ --- � —_-- -- 517 I —_ -- — — — 308 - -- -- -- - - - -- PA I7/RNMYKE 307 - 2 - -303 - - - -�— 69 LANES -' PA TURNPIKE SURVEY 8 R/W It LEGEND +Do m aW. ®DL4IENSKY! DETAIL 0 50 100 W FEET —C - -F— CONSTRUCTION SLOPE LIMIT CUT I FILL , 8 ® REOUIRED RKJHT4)F411AY PROPERTY CIMMIS) FORUNITEDACCESS DAM U MITIED PARTNERSHIP. A PENNSYLVANIA U MTIE0 RMU ERSHIP GRANTOR(S) DEW BOCK 191 PAGE 882 NANCYJ, GEORGEMNDJINAE Z C C. GEORGE, BRORERAND 81STE R J V INSTRU MENT020DIMS88NYDWS BRU84CO:R PROJECT, - FORTAKE DESCRIPTION BLOCK ME DWC ICPS LP,APIEW&MVIWYAUMREDPARTNERSHIP DEED BODY` D ®AREA: REGD Pow FOR ULrre°ACCEBS PROPERTYPLOT PREPARED BY: W9JL NUMM PAGE: CALCULATED AREA: REOD RW FOR IWP. ROAOM9R: BUCHART HORN. INC PENNA T- 214.00700&4-01.08 LUTE OF DEED: EXCEPTOMADVERSEA!Ek REM TEMP. CONST. EJL4EAEM! PLAN NO: R7W 319DA LD. NO_ 374 446 WEST U10HJilABf. NETWORK NUMBM DATE OF RECORD: LEGALRIWAREA: DRAW" DRAW EASEMENE PROPERTY k �uxsn PA CONSIOHUTION: EIVECTIVEARFA REODSLOMEASE CJE MEM. SEDABOVE SEEAB NrHrRLG VaIno YORK, PA IT4M FILENAME; m RCEL98 03DQN TURN Fu NAM LRA STAMPS: TOTAL RE O) RAWARIiO W37D 91B RAW FOR )DOOM Q ` PREPAREDFOFt PIKE sTRI1CNRE NUMBER NONE TAW MAP PARCH: TOT LRESIDUEARE . PRE- FMAEDATe TOWNSHIP IBOROIKLt NORM MIDDIETON TOWNSHIP p - y PARCEL NO: RESOUELTAREA: FINAL: CONRY. CUMBERLAND DRWNI', 9 OF a (LIU 71ANIPKB COAW19810N SCALE: AS SHOWN VERIFICATION DATE RESIDUE RFAREA: DI9)WCE 3 SHEET: OF THE O 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. 7 �� COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNNSYLVANIA, FOR THE TOTAL RECONSTRUCTION ` dA OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 220 AND 227 IN REM (PART OF PARCEL ID NO. 29-07-0471-043 and PARCEL ID NO. 29 -07- 0471 -069) EMINENT DOMAIN CONDEMNEE: DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership 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. aled with the official seal of the said Commission and dated this day of 2014. ATTEST: PENNSYLVANIA TURNPIKE COMMISSION By: u' e Edmunds William i2':',! Assist t Secretary- Treasurer Chairman EXHIBIT "C" COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN Mark P. Compton, 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. Mark P. Compt Sworn to and subscribed before me this a q t lay of — 20a. — Notary Public MY COMMISSION EXPIRES: COMMONWEALI YJSYLVAltic NOTMA- ; LAL ... ALICE M 5EBRING Notary Public LOWER SWATARA TWP., DAUPHIN COUNTY My Commission Expires Dec 9. 2017 PTC432M (2/13) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE NO. P4 — 0b;0 TERM, 2014 PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF NORTH MIDDLETON, CUMBERLAND COUNTY, COMMONWEALTH OF w PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOST 220 AND 227 (PART OF PARCEL ID NO. 29 -07- 0471 -043 AND PARCEL ID NO. 29-07-0471-069) v EMINENT DOMAIN PROCEEDINGS 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 April ,`'`I prrill �330,11 2014 was recorded in the Office of the Recorder of Deeds of the above county in Instrument No. a l J Rl '3� . The condemnation book and page 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: k'A, MA NO, RIGHT -OF -WAY ADMINISTRATOR 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 NORTH MIDDLETON, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 220 AND 227 (PART OF PARCEL ID NO. 29-07-0471-043 and PARCEL ID NO. 29007-0471-069) CONDEMNEES: DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership CIVIL DIVISION NO. 14-2630 IN REM EMINENT DOMAIN PETITION FOR PERMISSION TO AMEND DECLARATION OF TAKING FILED ON BEHALF OF: The Pennsylvania Turnpike Commission COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire PA ID No. 00119 David L. Nixon, Esquire PA ID No. 10707 Adam R. Zinsser, Esquire PA ID No. 317075 HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Firm No. 628 C=3 rU 0 4-4 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 NORTH MIDDLETON, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 220 AND 227 (PART OF PARCEL ID NO. 29-07-0471-043 and PARCEL ID NO. 29007-0471-069) NO. 14-2630 IN REM EMINENT DOMAIN CONDEMNEES: DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership PETITION FOR PERMISSION TO FILE 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 located 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 Condemnee is DABD Limited Partnership, a Pennsylvania Limited Partnership. 3. On April 30, 2014, Condemnor filed a Declaration of Taking in an action to condemn the property situate in the Township of North Middleton, Cumberland County and consists of 1.940 acres in fee as required right-of-way for limited access, a partial take, as more fully described in the Declaration of Taking. 4. Since the filing of the Declaration of Taking, Condemnor has discovered that the condemnee, DABD Limited Partnership, a Pennsylvania Limited Partnership, is also known as The DABD Limited Partnership, a Pennsylvania Limited Partnership. 5. No judge has ruled upon any other issue in this case or any related matter. 6. The contents and purpose of the within Petition has been communicated to Marc E. Needles, Attorney for Condemnee, and Mr. Needles has consented to the Petition and the proposed Order attached hereto. WHEREFORE, the Condemnor prays your Honorable Court for permission to file its Amended Declaration of Taking, a copy of which is attached hereto, to be effective as of April 30, 2014, so as to amend the Declaration of Taking to state the following as the Condemnee: DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership, a/k/a THE DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership. AND IT WILL EVER PRAY. DATE Respectfully submitted, HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. BY William P. Bresnahan squire David L. Nixon, Esq, re Adam R. Zinsser, Esquire 2901 Grant Building, 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Attorneys for The Pennsylvania Turnpike Commission COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN Mark P. Compton, 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 Petition for Permission to Amend Declaration of Taking are true and correct to the best of his information, knowledge and belief. Sworn to and subscribed before me this \ (Play of TY\ 20 N . Q GY1. Notary Public MY COMMISSION EXPIRES: Mark P. ompton NWEALTH Of PENNSYLVANIA NOTARIAL SEAL ALICE M SEBRING Notary Public LOWER SWATARA TWP. DAUPHIN COUNTY My Commission Expires Dec 9.2017 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 NORTH MIDDLETON, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 220 AND 227 (PART OF PARCEL ID NO. 29-07-0471-043 and PARCEL ID NO. 29007-0471-069) CONDEMNEES: DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership a/k/a The DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership CIVIL DIVISION NO. 14-2630 IN REM EMINENT DOMAIN AMENDED DECLARATION OF TAKING FILED ON BEHALF OF: The Pennsylvania Turnpike Commission COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire PA ID No. 00119 David L. Nixon, Esquire PA ID No. 10707 Adam R. Zinsser, Esquire PA ID No. 317075 HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Firm No. 628 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 NORTH MIDDLETON, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 220 AND 227 (PART OF PARCEL ID NO. 29-07-0471-043 and PARCEL ID NO. 29007-0471-069) NO. 14-2630 IN REM EMINENT DOMAIN CONDEMNEES: DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership a/k/a The DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership AMENDED DECLARATION OF TAKING The Pennsylvania Turnpike Commission files this Amended 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 19 on the Pennsylvania Turnpike System, located in Lower Swatara, Dauphin County, Pennsylvania. Its post office address is P.O. Box 67676, Harrisburg, Pennsylvania 17106-7676. 2. The Pennsylvania Turnpike Commission is authorized and empowered by Section 6 of the Act of May 21, 1937, P.L. 774, No. 211, as amended, to acquire by condemnation any lands, rights, easements, franchises, and other property deemed necessary or convenient for the construction or efficient operation of the Turnpike. 3. On April 30, 2014, Condemnor filed a Declaration of Taking in an action to condemn the property situate in the Township of North Middleton, Cumberland County and consists of 1.940 acres in fee as required right-of-way for limited access, a partial take, as more fully described in the Declaration of Taking. 4. Since the filing of the Declaration of Taking, Condemnor has discovered that the Condemnee, DABD Limited Partnership, a Pennsylvania Limited Partnership, is also known as The DABD Limited Partnership, a Pennsylvania Limited Partnership. 5. Pursuant to a Petition for Permission to Amend Declaration of Taking and Order of Court enetered in connection therewith dated , 2014, a copy of said Order being attached hereto as Exhibit "A", Condemnor was granted permission to file an Amended Declaration of Taking to be effective as of April 30, 2014, so as to revise the name of the Condemnee from DABD Limited Partnership, a Pennsylvania Limited Partnership to DABD Limited Partnership, a Pennsylvania Limited Partnership a/k/a The DABD Limited Partnership, a Pennsylvania Limited Partnership. 6. This Amended Declaration of Taking was authorized by a Resolution adopted October 22, 2013 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 to construct the total reconstruction of the Pennsylvania Turnpike between mileposts 220 and 227 and its requirements. 8. The property condemned is situate in the Township of North Middleton, Cumberland County and consists of 1.940 acres in fee as required right-of-way for limited access, a partial take. Notwithstanding the foregoing, there is excepted unto DABD Limited Partnership a/k/a The DABD Limited Partnership and reserved unto the Trustees of the First Presbyterian Church of the Borough of Carlisle a/k/a Trustees of the Presbyterian Church in the Borough of Carlisle and the public, for a limited time as herein set forth, a right of way for ingress, egress and regress over that portion of the aforesaid 1.940 acres hereby condemned lying within the existing Meeting House Road, only until such time as the Pennsylvania Turnpike Commission commences the total reconstruction of the Pennsylvania Turnpike within the portion of Meeting House Road hereby condemned and alternate access is provided. 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 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. 9. The nature of the title hereby condemned is (i) fee simple in the surface, (ii) only so much of any mineral, 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 not 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 erest 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 condemnee. 10. A plan showing the condemned property may be inspected at Condemnor's field office located at the Carlisle Interchange Toll Plaza, Milepost 226 of the Pennsylvania Turnpike, Carlisle, PA during regular business hours. 11. The Condemnor files with this Amended 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 "D". PENNSYLVANIA TURNPIKE COMMISSION DATE BY William P. Bresnahan, Esquire David L. Nixon, Esquire Adam R. Zinsser, Esquire 2901 Grant Building, 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Attorneys for The Pennsylvania Turnpike Commission COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN Mark P. Compton, 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 information, knowledge and belief. Sworn to andsubscribedbefore me this \ ( lay of 20 U . —At; Notary Public MY COMMISSION EXPIRES: Mark . Compton MONWEALTF, JF PLNNS LVANIA NOTARIAL SEAL ALICE M SEBRING Notary Public LOWER SWATARA TWP., DAUPHIN COUNTY My Commission Expires Dec 9. 2017 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 NORTH MIDDLETON, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 220 AND 227 (PART OF PARCEL ID NO. 29-07-0471-043 and PARCEL ID NO. 29007-0471-069) NO. 14-2630 IN REM EMINENT DOMAIN CONDEMNEES: DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership Parties to be Notified: Marc E. Needles, Esquire 2000 Market Street 20th Floor Philadelphia, PA 19103-3222 ORDER OF COURT AND NOW, to -wit, this day of , 2014, the within Petition having been presented in open Court, and upon consideration thereof, the Court hereby grants permission to the Condemnor to file its Amended Declaration of Taking to be effective as of April 30, 2014, as stated in the attached Petition to File Amended Declaration of Taking. BY THE COURT, J. T'rnn.\iv;mia I'unnpii;t• Commission sion America'. First Superhi'hnay www•.paru rnpike.com RESOLUTION AUTHORIZING THE ACQUISITION OF THE REQUIRED PROPERTY FOR RIGHT- OF-WAY BY1 PURCHASE OR .CONDEMNATION FOR . .THE TOTAI, RECONSTRUCTION PROTECT FROM .MILEPOSTS 220 TO 227. WHEREAS The Pennsylvania Turnpike Commission is authorucd and empo iered 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, casements, 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, tic 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.IRABD Limited Partnership, a Pennsylvania Limited Partnership, Right -of -Way No. 3190-A, a partial take; NOW THEREFORE, BE IT RESIIpLVED 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 DABDI Limited Partnership, a Pennsylvania Limited Partnership, Right -of - Way No. 3190-A, a partial take; 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. Our Mission; To responsibly operate and manage o safe, reliable and efficient toll road system, serve as o transportation services )coder, 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 exccrpof the hi1riu1 s .if the Meeting of the Pennsylvania Turnpike Commission, held on the day o I , 2013, in Highspire, Pennsylvania, at which a quorum was present, and that said resolution was unanimously adopted. SS my hand and the Official Seal of said Commission this2-Z day of A.D. 2013. n Lose Edmun s Assistant Secretary -Treasurer .k K c same <••. ..0orf m.ti cavotnakeoftve 41/1044, C 0 tib gi IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY 'THE PENNSYLVANIA •1'URNPIKF COMMISSION OF PROPERTY LOCATED IN TI L TOWNSHIP OF NORTH MIDDLETON, COUNTY OF CUMBERLAND, COMMONWEALTH OF PFNNNSYLVANIA, FOR 111E TOTAL RECONSTRUCTION OF T1 IE PENNSYLVANIA 'TURNPIKE BETWEEN MILEPOSTS 220 AND 227 (PART OF PARCEL ID NO. 29-07-0471-043 and : PARCEL ID NO. 29-07-0471-069) NO. (y IN REM _)G t EMINENT DOMAIN CONDEMNEE: DABD LIMITED PARTNERSIIIP, a Pennsylvania Ltmited Partnership 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 he void; otherwise to be and remain in full force and effect. aled with the official seal of the said Commission and dated this ; i` day of , 2014. ATTEST: u e Edmunds Assistant Secretary -Treasurer PENNSYLVANIA TURNPIKE COMMISSION By: William Chairman CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing PETITION FOR PERMISSION TO FILE AMENDED DECLARATION OF TAKING was mailed this I 3-/- day of May, 2014, by U.S. Certified Mail, Return Receipt Requested, Postage Prepaid, to the following parties: Marc E. Needles, Esquire Attorney for Condemnee DABD Limited Partnership a/k/a The DABD Limited Partnership Fox Rothschild LLP 2000 Market Street 20th Floor Philadelphia, PA 19103-3222 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 NORTH MIDDLETON, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 220 AND 227 (PART OF PARCEL ID NO. 29-07-0471-043 and PARCEL ID NO. 29007-0471-069) CONDEMNEES: Parties to be Notified: NO. 14-2630 IN REM EMINENT DOMAIN DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership Marc E. Needles, Esquire 2000 Market Street 20th Floor Philadelphia, PA 19103-3222 ORDER OF COURT AND NOW, to -wit, this 0131 day of , 2014, the within Petition having been presented in open Court, and upon consideration thereof, the Court hereby grants permission to the Condemnor to file its Amended Declaration of Taking to be effective as of April 30, 2014, as stated in the attached Petition to File Amended Declaration of Taking. CD P' 03 crl Nr r— > C) c) J. 3 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 NORTH MIDDLETON, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 220 AND 227 (PART OF PARCEL ID NO. 29-07-0471-043 and PARCEL ID NO. 29007-0471-069) CONDEMNEES: DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership a/k/a The DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership CIVIL DIVISION NO. 14-2630 IN REM EMINENT DOMAIN AMENDED DECLARATION OF TAKING FILED ON BEHALF OF: The Pennsylvania Turnpike Commission COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire PA ID No. 00119 David L. Nixon, Esquire PA ID No. 10707 Adam R. Zinsser, Esquire PAID No. 317075 HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Firm No. 628 tt_ 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 NORTH MIDDLETON, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 220 AND 227 (PART OF PARCEL ID NO. 29-07-0471-043 and PARCEL ID NO. 29007-0471-069) NO. 14-2630 IN REM EMINENT DOMAIN CONDEMNEES: DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership a/k/a The DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership AMENDED DECLARATION OF TAKING The Pennsylvania Turnpike Commission files this Amended 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 19 on the Pennsylvania Turnpike System, located in Lower Swatara, Dauphin County, Pennsylvania. Its post office address is P.O. Box 67676, Harrisburg, Pennsylvania 17106-7676. 2. The Pennsylvania Turnpike Commission is authorized and empowered by Section 6 of the Act of May 21, 1937, P.L. 774, No. 211, as amended, to acquire by condemnation any lands, rights, easements, franchises, and other property deemed necessary or convenient for the construction or efficient operation of the Turnpike. 3. On April 30, 2014, Condemnor filed a Declaration of Taking in an action to condemn the property situate in the Township of North Middleton, Cumberland County and consists of 1.940 acres in fee as required right-of-way for limited access, a partial take, as more fully described in the Declaration of Taking. 4. Since the filing of the Declaration of Taking, Condemnor has discovered that the Condemnee, DABD Limited Partnership, a Pennsylvania Limited Partnership, is also known as The DABD Limited Partnership, a Pennsylvania Limited Partnership. 5. Pursuant to a Petition for Permission to Amend Declaration of Taking and Order of Court entered in connection therewith dated May 23, 2014, a copy of said Order being attached hereto as Exhibit "A", Condemnor was granted permission to file an Amended Declaration of Taking to be effective as of April 30, 2014, so as to revise the name of the Condemnee from DABD Limited Partnership, a Pennsylvania Limited Partnership to DABD Limited Partnership, a Pennsylvania Limited Partnership a/k/a The DABD Limited Partnership, a Pennsylvania Limited Partnership. 6. This Amended Declaration of Taking was authorized by a Resolution adopted October 22, 2013 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 to construct the total reconstruction of the Pennsylvania Turnpike between mileposts 220 and 227 and its requirements. 8. The property condemned is situate in the Township of North Middleton, Cumberland County and consists of 1.940 acres in fee as required right-of-way for limited access, a partial take. Notwithstanding the foregoing, there is excepted unto DABD Limited Partnership a/k/a The DABD Limited Partnership and reserved unto the Trustees of the First Presbyterian Church of the Borough of Carlisle a/k/a Trustees of the Presbyterian Church in the Borough of Carlisle and the public, for a limited time as herein set forth, a right of way for ingress, egress and regress over that portion of the aforesaid 1.940 acres hereby condemned lying within the existing Meeting House Road, only until such time as the Pennsylvania Turnpike Commission commences the total reconstruction of the Pennsylvania Turnpike within the portion of Meeting House Road hereby condemned and alternate access is provided. 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 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. 9. The nature of the title hereby condemned is (i) fee simple in the surface, (ii) only so much of any mineral, 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 not 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 erest 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 condemnee. 10. A plan showing the condemned property may be inspected at Condemnor's field office located at the Carlisle Interchange Toll Plaza, Milepost 226 of the Pennsylvania Turnpike, Carlisle, PA during regular business hours. 11. The Condemnor files with this Amended 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 "D". DATE s /1 PENNSYLVANIA TURNPIKE COMMISSION BY l William P. Bresnahan, E`uire David L. Nixon, Esquir Adam R. Zinsser, Es 2901 Grant Building, 10 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Attorneys for The Pennsylvania Turnpike Commission 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 NORTH MIDDLETON, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 220 AND 227 (PART OF PARCEL ID NO. 29-07-0471-043 and PARCEL ID NO. 29007-0471-069) NO. 14-2630 IN REM EMINENT DOMAIN CONDEMNEES: DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership Parties to be Notified: Marc E. Needles, Esquire 2000 Market Street 20th Floor Philadelphia, PA 19103-3222 ORDER OF COURT AND NOW, to -wit, this V" v day of , 2014, the within Petition having been presented in open Court, and upon consideration thereof, the Court hereby grants permission to the Condemnor to file its Amended Declaration of Taking to be effective as of April 30, 2014, as stated in the attached Petition to File Amended Declaration of Taking. UHIBIT J. ar; 01 Pennsylvania Turnpike C ornini' ion America :r First ,Superhighway wuu,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 DABD Limited Partnership, a Pennsylvania Limited Partnership, Right -of -Way No. 3190-A, 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 DABD Limited Partnership, a Pennsylvania Limited Partnership, Right-of- Way ight-ofWay No. 3190-A, a partial take; 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 B 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 I,OUISE EDMUNDS, Assistant Secretary -Treasurer of the Pennsylvania Turnpike Commission, do hereby certify the foregoing to be a true and correct copy of an exccr of the n t s°�fthe Meeting of the Pennsylvania Turnpike Commission, held on the day o 7'Me.{ , 2013, in Highspire, Pennsylvania, at which a quorum was present, and that said resolution was unanimously adopted. 0 SS my hand and the Official Seal of said Commission this'Z day of A.D. 2013. l.o/se Edmun Assistant Secretary -Treasurer E 0 w uw A f bb 11 a ss Qi 1 r 11 11 a 1 1 1 d Y RI it It n O 6$ 1 Mf'M Ytirava•YYYWIDAPPWYYgI MY 30, y a' t .t,a�� ao. i. 401 r-- ztio:6 5 96., o VI 1¢v� 15 �:ia i� ins ig ��N Tb� is a @s IL '.. li 15.41 It s to Pft .,Ittl zlb 014,_ 1, i .:14- 11 AlvVigw itgw. t Q a�, ! IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN TIIE TOWNSHIP OF NORTH MIDDLETON, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF TI IF PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 220 AND 227 (PART OF PARCEL ID NO. 29-07-0471-043 and : PARCEL ID NO, 29-07-0471-069) CONDEMNEE: NO. i 36 c.)4i: I IN REM EMINENT DOMAIN DABD LIMITED PARTNERSIIIP, a Pennsylvania Limited Partnership 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 he void; otherwise to be and remain in full force and effect. aled with the official seal of the said Commission and dated this / day of , 2014. ATTEST: e Edmunds Assist. Secretary -Treasurer PENNSYLVANIA TURNPIKE COMMISSION By: William iebe Chairman EMBIT D • COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN Mark P. Compton, 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 information, knowledge and belief. Sworn to andsubscribedbefore me this \6{"�layof 20 . Notary Public MY COMMISSION EXPIRES: . Compton pton MMONWEALTh OF PENNSYLVANIA NOTARIAL SEAL ALICE M SEBRING Notary Public LOWER SWATARA TWP., DAUPHIN COUNTY My Commission Expires Dec 9. 2017 '1 L 1 FOX ROTHSCHILD LLP BY: Herbert Bass, Esquire and Marc E. Needles, Esquire, IDENTIFICATION NOS. 02632; 43849 2000 MARKET STREET, 20TH FLOOR PHILADELPHIA, PA 19103-3291 (215) 299-2000 tt ;L.. :'i --V-11 1 THE 3LJ4.- E PRO ,OTHO tt]1Li JUN 16 PM 2: i04 CUMBERLAND COUNTY PENNSYLVANIA ATTORNEYS FOR CONDEMNEE, DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership a/k/a THE DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE CIVIL DIVISION PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF NORTH MIDDLETON, COUNTY OF NO. 14-2630 CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA IN REM TURNPIKE BETWEEN MILEPOSTS 220 AND EMINENT DOMAIN 227 (PART OF PARCEL ID NO. 29-07-0471-043 AND PARCEL ID NO. 29-07-0471-069) CONDEMNEE: DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership a/k/a THE DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership PRAECIPE FOR ENTRY OF APPEARANCES TO THE PROTHONOTARY: Kindly enter our appearances on behalf of Condemnee DABD Limited Partnership, a Pennsylvania Limited Partnership a/k/a The DABD Limited Partnership, a Pennsylvania Limited Partnership, in the above -captioned cond9nrrra ion pr pc eding. Herb `t Bass,M'squire Marc E. Needles, Esquire FOX ROTHSCHILD LLP 2000 Market Street, 20th Floor Philadelphia, PA 19103-3222 (215) 299-2000 Attorneys for Condemnee DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership a/k/a THE DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership Date: June 12, 2014 CERTIFICATE OF SERVICE The undersigned hereby certifies that, on this day, a true and correct copy of the within Praecipe for Entry of Appearances was served upon the following via first class mail, postage prepaid: William P. Bresnahan, Esquire David L. Nixon, Esquire Adam R. Zinsser, Esquire HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. 310 Grant Street, Suite 2901 Pittsburgh, PA 15219 Dated: June 12, 2014 ajc E. Needles, Esquire . 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 NO. 14-2630 TOWNSHIP OF NORTH MIDDLETON, COUNTY OF CUMBERLAND, IN REM COMMONWELATH OF PENNSYLVANIA, EMINENT DOMAIN FOR THE TOTOAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE MEMORANDUM OF DEED BETWEEN MILEPOSTS 220 AND 227 BOOK VOLUME (PART OF PARCEL ID NO. 29-07-0471-043 And PARCEL ID NO. 29-07-0471-069) FILED ON BEHALF OF: Pennsylvania Turnpike Commission CONDEMNEE: COUNSEL OF RECORD FOR DABD LIMITED PARTNERSHIP, a THIS PARTY: Pennsylvania Limited Partnership ailcia The DABD LIMITED PARTNERSHIP, a William P. Bresnahan, Esquire Pennsylvania Limited Partnership PA ID No. 00119 David L. Nixon, Esquire PA ID No. 10707 Adam R. Zinsser, Esquire PA ID No. 317075 HOLLINSHEAD, MENDELSON, BRESNAHAN &NIXON, P.C. 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Finn No. 628 rri cr--; .-727 r\) 572 ----- RY: 8: .,, 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 NORTH MIDDLETON, :. NO. 14-2630 COUNTY OF CUMBERLAND, • COMMONWEALTH OF PENNNSYLVANIA, FOR THE TOTAL RECONSTRUCTION . OF THE PENNSYLVANIA TURNPIKE • BETWEEN MILEPOSTS 220 AND 227 • . IN REM (PART OF PARCEL ID NO. 29-07-0471-043 and : PARCEL ID NO. 29-07-0471-069) : EMINENT DOMAIN CONDEMNEE: DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership a/k/a The DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership MEMORANDUM OF DEED BOOK VOLUME On June 10, 2014, a NOTICE OF CONDEMNATION of the filing of the Amended Declaration of Taking, in reference to the captioned action was recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, at Instrument No. 201412243. HOLLINSHEAD, MENDELSON, BRESNAHAN &NIXON, P.C. Dated: 507/2.6, /91 ?i,/ By: 0/. ./.-4,P; 7 William P. Bresnahan, Esquire David L. Nixon, Esquire Adam R. Zinsser, Esquire 310 Grant Street, Suite 2901 Pittsburgh, PA 15219 (412) 355-7070 Attorneys for Pennsylvania Turnpike Commission Sworn and subscribed before me this /4 77 Day of ' , 2014. / COMMONWEALTH OF 13PAI4VI-VANM / so' 9 ggAbel_ Notarial Seal ' Elizabeth].Barker,Notary Public No ary Pub& City of Pittsburgh,Allegheny County My Commission Expires Aug.22,2014 Member.Pennsylvania Association of Notaries MY COMMISION EXPIRES: !LED-Or rICE F T HE PROTHONOTARY Mil JUL -3 PH 1 05 IN THE COURT OF COMMON PLEA`S Oe& i1ifU 1b COUNTY, PENNSYLVANIA r ter LWAN,,w IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF NORTH MIDDLETON, COUNTY OF CUMBERLAND, COMMONWELATH OF PENNSYLVANIA, FOR THE TOTOAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 220 AND 227 (PART OF PARCEL ID NO. 29-07-0471-043 And PARCEL ID NO. 29-07-0471-069) CONDEMNEE: DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership a/k/a The DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership CIVIL DIVISION NO. 14-2630 IN REM EMINENT DOMAIN AFFIDAVIT OF SERVICE OF NOTICE TO CONDEMNEE FILED ON BEHALF OF: Pennsylvania Turnpike Commission COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire PA ID No. 00119 David L. Nixon, Esquire PA ID No. 10707 Adam R. Zinsser, Esquire PA ID No. 317075 HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Firm No. 628 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 NORTH MIDDLETON, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 220 AND 227 (PART OF PARCEL ID NO. 29-07-0471-043 and : PARCEL ID NO. 29-07-0471-069) NO. 14-2630 IN REM EMINENT DOMAIN CONDEMNEE: DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership a/k/a The DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS. BEFORE ME, the undersigned authority, personally appeared ADAM R. ZINSSER, who being duly sworn according to law, states that on June 18, 2014, he caused to be mailed by first class, certified mail, return receipt requested, to DABD Limited Partnership a/k/a The DABD Limited Partnership, a copy of the NOTICE TO CONDEMNEE OF FILING OF 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" is a copy of the return receipt card, evidencing that DABD Limited Partnership a/k/a The DABD Limited Partnership acknowledged receipt of said NOTICE TO CONDEMNEE OF FILING OF AMENDED DECLARATION OF TAKING on June 23, 2014. Dated: HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. , 2014 BY Sworn and subscribed before me this Sr- Day of , 2014. otar Public Y ko, MY COMMISSION EXPIRES: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Elizabeth J. Barker, Notary Public City of Pittsburgh, Allegheny County My Commission Expires Aug. 22, 2014 Member. Pennsylvania Association of Notaries William P. Bresnaha .ij' quire David L. Nixon, Esquire Adam R. Zinsser, Esquire 2901 Grant Building Pittsburgh, PA 15219 (412) 355 7070 Attorneys for the Pennsylvania Turnpike Commission 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, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 220 AND 227 (PART OF PARCEL ID NO. 29-07-0471-043 and : PARCEL ID NO. 29-07-0471-069) NO. 14-2630 IN REM EMINENT DOMAIN CONDEMNEE: DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership a/k/a The DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership NOTICE TO CONDEMNEE TO: DABD Limited Partnership a/k/a The DABD Limited Partnership Green Pig Inc., General Partner Jimmie C. George, President P.O. Box 20249 York, PA 17402 You are hereby NOTIFIED that an Amended Declaration of Taking, a copy of which is attached hereto and made a part hereof, was filed by the Pennsylvania Turnpike Commission in the above-named Court on ji.".e. /04÷1 , 2014, 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. EXHIBIT 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 COMMISSION By: Hollinshead, Mendelson, B nahan & Nixon, P.C. 310 Grant Street, Suite 29 1 Pittsburgh, PA 15219 Certificate of Residence is: P.O. Box, 67676, Harrisburg, PA 17106-7676. 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 NORTH MIDDLETON, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 220 AND 227 (PART OF PARCEL ID NO. 29-07-0471-043 and PARCEL ID NO. 29007-0471-069) CONDEMNEES: DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership a/k/a The DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership CIVIL DIVISION NO. 14-2630 IN REM EMINENT DOMAIN AMENDED DECLARATION OF TAKING FILED ON BEHALF OF: The Pennsylvania Turnpike Commission COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire PA ID No. 00119 David L. Nixon, Esquire PA ID No. 10707 Adam R. Zinsser, Esquire PA ID No. 317075 HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. 2901 Grant Building 310 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Firm No. 628 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 NORTH MIDDLETON, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 220 AND 227 (PART OF PARCEL ID NO. 29-07-0471-043 and PARCEL ID NO. 29007-0471-069) NO. 14-2630 IN REM EMINENT DOMAIN CONDEMNEES: DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership a/k/a The DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership AMENDED DECLARATION OF TAKING The Pennsylvania Turnpike Commission files this Amended 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: I. 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 Swatara, Dauphin County, Pennsylvania. Its post office address is P.O. Box 67676, Harrisburg, Pennsylvania 17106-7676. 2. The Pennsylvania Turnpike Commission is authorized and empowered by Section 6 of the Act of May 21, 1937, P.L. 774, No. 211, as amended, to acquire by condemnation any lands, rights, easements, franchises, and other property deemed necessary or convenient for the construction or efficient operation of the Turnpike. 3 On April 30, 2014, Condemnor filed a Declaration of Taking in an action to condemn the property situate in the Township of North Middleton, Cumberland County and consists of 1.940 acres in fee as required right-of-way for limited access, a partial take, as more fully described in the Declaration of Taking. 4. Since the filing of the Declaration of Taking, Condemnor has discovered that the Condemnee. DABD Limited Partnership, a Pennsylvania Limited Partnership, is also known as The DABD Limited Partnership, a Pennsylvania Limited Partnership. 5. Pursuant to a Petition for Permission to Amend Declaration of Taking and Order of Court entered in connection therewith dated May 23, 2014, a copy of said Order being attached hereto as Exhibit "A", Condemnor was granted permission to file an Amended Declaration of Taking to be effective as of April 30, 2014, so as to revise the name of the Condemnee. from DABD Limited Partnership, a Pennsylvania Limited Partnership to DABD Limited Partnership, a Pennsylvania Limited Partnership a/k/a The DABD Limited Partnership, a Pennsylvania Limited Partnership. 6. This Amended Declaration of Taking was authorized by a Resolution adopted October 22, 2013 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 to construct the total reconstruction of the Pennsylvania Turnpike between mileposts 220 and 227 and its requirements. 8. The property condemned is situate in the Township of North Middleton, Cumberland County and consists of 1.940 acres in fee as required right-of-way for limited access, a partial take. Notwithstanding the foregoing, there is excepted unto DABD Limited Partnership a/k/a The DABD Limited Partnership and reserved unto the Trustees of the First Presbyterian Church of the Borough of Carlisle a/k/a Trustees of the Presbyterian Church in the Borough of Carlisle and the public, for a limited time as herein set forth, a right of way for ingress, egress and regress over that portion of the aforesaid 1.940 acres hereby condemned lying within the existing Meeting House Road, only until such time as the Pennsylvania Turnpike Commission commences the total reconstruction of the Pennsylvania Turnpike within the portion of Meeting House Road hereby condemned and alternate access is provided. 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 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. 9. The nature of the title hereby condemned is (i) fee simple in the surface, (ii) only so much of any mineral, 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 not 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 erest 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 condemnee. 10. A plan showing the condemned property may be inspected at Condemnor's field office located at the Carlisle Interchange Toll Plaza, Milepost 226 of the Pennsylvania Turnpike, Carlisle, PA during regular business hours. 11. The Condemnor files with this Amended 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 "D". DATE PENNSYLVANIA TURNPIKE COMMISSION BY William P. Bresnahan, E titre David L. Nixon, Esquir Adam R. Zinsser, Es 2901 Grant Building, 10 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Attorneys for The Pennsylvania Turnpike Commission IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED TN TIIE TOWNSHIP OF NORTH MIDDLETON, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF THE PENNSYLVANIA TURNPIKE BETWEEN MILEPOSTS 220 AND 227 (PART OF PARCEL ID NO. 29-07-0471-043 and PARCEL ID NO. 29007-0471-069) NO. 14-2630 IN REM EMINENT DOMAIN CONDEMNEES: DABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership Parties to be Notified: Marc E. Needles, Esquire 2000 Market Street 20th Floor Philadelphia, PA 19103-3222 ORDER OF COURT 3I AND NOW, to -wit, this 0 day of , 2014, the within Petition having been presented in open Court, and upon consideration thereof, the Court hereby grants permission to the Condemnor to file its Amended Declaration of Taking to be effective as of April 30, 2014, as stated in the attached Petition to File Amended Declaration of Taking. UNIT C") --- A,nenra " Firar Superh,,eh li uwv,.rarirnpikr.corn 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 IS', 2007, P.L. 169, No. 44, as amended to acquire by purchase or condemnation any lands, rights, casements, 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 DABD Limited Partnership, a Pennsylvania Limited Partnership, Right -of -Way No. 3190-A, 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 DABD Limited Partnership, a Pennsylvania Limited Partnership, Right -of - Way No. 3190-A, a partial take; 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 he 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. HIB1T 6 Our Mission: To responsibly operate and manage a safe. reliable and efficient Intl road system, serve 05 0 transportation services leader, and foster innovation to hatter serve our customers. CERTIFICATION r, ANN LOUISE EDMUNDS, Assistant Secretary -Treasurer of the Pennsylvania Turnpike Commission, do hereby certify the foregoing to he a true and correct copy of an exceryt of the Min'ut s Meeting of the Pennsylvania Turnpike Commission, held on the day of Jt 2(113, in Highspire, Pennsylvania, at which a quorum was present, and that said resolution was unanimously adopted. S my hand and the Official Seal of said Commission this1)/1- day of A.D. 2613. (Ill n Lo se Edmunis Assistant Secretary -Treasurer AIT SW90,25 A STA 4444 (5,1; A - 14'05.07' LT 0.141 10' 101)4 t4' R - ]40,11*' 41041 OS s 70 14404 / /WINS ' *17740 A. AMS 0 tM-NOV M 40.110 H$ wt _ AWOI' .0X/04(0v PAW 0' GRr(X 7714 j Q,OY 17' N 7779 f-1.IHS' 1 4 tA_SIC 407 0'0.1. 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CART, Ar Ae1pq j11D+� *owes* iR OROm *MT n•4 nO OA To AAm; 1, 198.1 ALMA'S C/�YC?�L1r 1 r>. Ca.TaS b OR LW), "011., NAM SUPEMS TOO lOt n; AN E R1R'1p11 �> Maw 7 Acom mit C00NANA'�CT14 ... M/Pm:MA PPOWA 1A1 T( :0G1 pry, , A S b'(CDOMEAS• CAG nNE pougAokrx `n0. t`s. 00 LACC, O.*' - *10D ,,',,Ouc0043 5* 55 0 d TMC E4U*10(12 PA (043 S9GN �(si *NSi CrTj�3a pOTMr✓�8:7L 01 gin µy M�1R_ T.A Dom 0.00 m• ONARAA 4, 'm D"DRDC 4.4 new. tig0 Pow ACM UMflDACCReR A‘-mt. Dmowmom T'. NIRJ 4.I P.M1Y 04 rh*fD Ars( b PROPERTY PLOT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA 'I I:RNI'IKF COMMISSION OF PROPERTY LOCATED IN TILE TOWNSHIP OF NOR.' H MIDDLETON, COLNTY OF CUMBERLAND, (COMMONWEALTH OF I'FNNNSYLVANI.A, FOR 1'IIF TOTAL RECONSTRUCTION OF TI IE PENNSYLVANIA "TURNPIKE BETWEEN MILEPOSTS 220 AND 227 (PART OF PARCEL ID NO. 29-07-0471-043 and : PARCEL ID NO. 29-07-0471-069) NO, IN REM EMINENT DOMAIN C'ONDEMNFF: IABD LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership 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 he 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 he void; otherwise to be and remain in full force and effect. aled with the official seal of the said Commission and dated this day of , 2014. ATTEST: sdmunds Assistant Secretary -Treasurer PENNSYLVANIA TURNPIKE COMMISSION By: William Chairman HI8IT D COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN Mark P. Compton, 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 information, knowledge and belief. Sworn to and subscribed before me this \ flay of Notary Public MY COMMISSION EXPIRES: I 20-1 . . Compton pton MUtiV iALTr, Ji ; LAhSrLVANIA NOTARIAL SEAL ALICE M SEBRING Notary Public LOWER SWATARA TWP., DAUPHIN COUNTY My Commission Expires Dec 9, 2017 SENDER: COMPLETE THIS SECTION ■ 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 mailpiece, ' or on the front if space permits. 1. Article Addressed to: OOP L?. Jimmi'P_ i? eo 2) ?,0,6)( 2-02. R rk 17t/00., PQ ,7ggi ?res. CO',IPLL=TC THIS :ECTION ON DELIVERY ure eived by (Pdn ed 0 Agent 0 Addressee C. Date of Delivery (0-2,3 . Is delivery add different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type IRM3rtified Mail 0 Registered 0 Insured Mail 0 Express Mail 13 i�etumReceiptfor.Merchandise C7 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7011'. i350D 00101 ;1`852; 8473 k PS Form 3811, February 2004 • Domestic Return Receipt 102595-02-M-1540 EXHIBIT B CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing AFFIDAVIT OF SERVICE OF NOTICE TO CONDEMNEES was mailed this day of July, 2014, by U.S. Mail, First Class, Postage Prepaid, to the following parties: Marc E. Needles, Esquire Attorney for Condemnee DABD Limited Partnership a/k/a The DABD Limited Partnership Fox Rothschild LLP 2000 Market Street 20th Floor Philadelphia, PA 19103-3222