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HomeMy WebLinkAbout05-2129P'rO PFITCM4OVER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF MILE POSTS 214 TO 227 OF THE PENNSYLVANIA TURNPIKE (PARCEL ID NO. 46-07-0477- 018) CIVIL ACTION NO. t?) ?- - a /,2 y ceL DECLARATION OF TAKING FILED ON BEHALF OF: The Pennsylvania Turnpike Commissi Defendant/Condemnor CONDEMNEE: RICHARD S. DEITCH, COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire Pa. I.D. No. 00119 David L. Nixon, Esquire Pa. I.D. No. 10707 William P. Bresnahan, II, Esquire Pa. I.D. No. 85543 HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. 2901 Grant Building 330 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Firm ID No. 628 • 0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF MILE POSTS 214 TO 227 OF THE PENNSYLVANIA TURNPIKE (PARCEL ID NO. 46-07-0477-018) CONDEMNEES: RICHARD S. DEITCH NO. r s -7jz`1 IN REM EMINENT DOMAIN DECLARATION OF TAKING The Pennsylvania Turnpike Commission files this Declaration of Taking as in Article IV, Section 402 of Act No. 6, Special Sessions, P.L. 84, dated June 22, 1964, amended, 1969, December 5, P.L. 316, §1, 26 P.S. §1-402 (1988) and respectfully following. 1. The Condemnor is the Pennsylvania Turnpike Commission, an instrumentality Commonwealth of Pennsylvania, with its principal office at Exit 247 of the Turnpike system located in Lower Swatara Township, Dauphin County, Pennsylvania. Its office address is P.O. Box 67676, Harrisburg, Pennsylvania, 17106-7676. 2. The Pennsylvania Turnpike Commission is authorized and empowered by the Act of May 21, 1937, P.L. 774, No. 211, as amended, to acquire by condemnation any rights, easements, franchises and other property deemed necessary or convenient for the construction or efficient operation of the Turnpike. for as the the of 1 3. This Declaration of Taking was authorized by a Resolution adopted 2005 by said Condemnor. A copy of said Resolution is attached hereto and made a hereof as Exhibit "A". The record thereof may be examined at the Turnpike Commission's Central Office at Exit 247 of the Pennsylvania Turnpike. 4. The purpose of the condemnation is to acquire property interests to the total reconstruction of mile posts 214 to 227 of the Pennsylvania Turnpike and requirements. 5. The property condemned is situate in the Township of West Cumberland County and consists of 2.79 acres in fee, of which 2.63 acres is required right-of-way for limited access and 0.16 acre is designated required for T-405; as well as 0.35 acre in slope easement, a partial take. A plan of the condemned sufficient for its identification, is set forth in Exhibit "B", attached hereto made a part hereof. Plans showing the property condemned are on the same day as Declaration is being filed with the Prothonotary, being filed with the Office of Recorder of Deeds of Cumberland County in accordance with Section 404 of the Emii Domain Code. 6. The nature of the title hereby condemned is (i) fee simple in the surface, only so much of any minerals, oil or gas beneath the surface of any separate estate in a of those minerals, oil or gas as is necessary for the lateral and subjacent support of 1 surface and any improvements now or hereafter erected thereon, (iii) the right to aca those minerals, oil, or gas from the surface of the land hereby condemned, and (iv) a and all rights of way into, upon, or over the surface of said land, including the right explore and test drill the minerals, oil or gas; including the right to drill for, dig, mu 2 • 0 drain, ventilate, transport, or carry away said minerals, oil or gas now owned or herea acquired by the condemnees; together with the right to use any of the surface for stoi materials, disposing of refuse or overburden, or to erect any buildings, structures, fixtures necessary, convenient, or incident to the producing, mining or removing minerals, oil, or gas from beneath the surface of the land hereby condemned or from other lands of the condemnees. 7. A plan showing the condemned property may be inspected at the offices SAI Consulting Engineers, Inc., 20 Erford Road, 9110, Lemoyne, PA during business hours. 8. The Condemnor files with this Declaration of Taking its Open End without surety pursuant to Section 403(a) of the Eminent Domain Code of 1964. Compensation is made or secured by the filing of said Bond, attached hereto and made part hereof as Exhibit "C". PENNSYLVA-MAITURNPIKE COMMISSION By: Hollinshead, Mendelson, Bresnahan & Nixon 2901 Grant Building, Pittsburgh, PA 15219 3 RESOLUTION AUTHORIZING THE ACQUISITION OF THE REQUIRED PROPERTY RIGHT-OF-WAY BY PURCHASE FOR THE TOTAL RECONSTRUCTION OF MILE POST 214 to 227 WHEREAS, in order to facilitate vehicular traffic within and across he Commonwealth, the Pennsylvania Turnpike Commission is authorized nd empowered to construct, operate and maintain the Turnpike, which project n w before the Commission consists of the total roadway reconstruction of mile post 21 to 227 and specifically includes property of Richard S. Deitch, Right of Way no. 3107 B, a partial take; WHEREAS, the Pennsylvania Department of Transportation as required y Act of Assembly No. 211, P. L. 774 dated May 21, 1937 (36 P.S. § 652a) as amend , has approved the location of the total roadway reconstruction of mile post 214 to 22 ; Now THEREFORE, BE IT RESOLVED by the Pennsylvania Turnpike Commission, and it hereby resolved by authority of the same, that the acquisition of required property purchase or condemnation according to law is authorized for this the total roadw reconstruction of mile post 214 to 227 and specifically includes property of Richard Deitch, Right of Way no. 3107-B, a partial take; BE IT FURTHER RESOLVED that the property necessary for the requi right-of-way for the total roadway reconstruction of mile post 214 to 227 shall acquired by the Pennsylvania Turnpike Commission by purchase or condemnal under the provision of the Acts of Assembly, in fee simple or such lesser estate as Commission shall determine necessary therefore. Our Mission: Pennsylvania Turnpike Commission To operate America's First Superhighway and manage a safe, reliable, cost effective and valned toll road system. 'Fl= .. EXHIBIT "A" 1-877-736-6727 paturnpike.com C? i CERTIFICATION I, REBECCA R. TROUP, Assistant Secretary-Treasurer of the Penns Turnpike Commission, do hereby certify the foregoing to be a true and correct an excerpt of the Minutes of the Meeting of the Pennsylvania Turnpike Comm held on thei day ofk&y&A-, 2005, in Highspire, Pennsylvania, at t quorum was present, and that said resolution was unanimously adopted. W TNESS my hand and the Official Seal of said Commission this A.D. 2005. V Rebecca R. Troup Assistant Secretary-Treasures- of a of ? g f $ .?xkgy `,.j w ?EoY ?X'D? R t ? ° rF N g ? ? i .e d:s $ dszr M.xs $ Q o^s w=°, _ „g ° , , N h ? N s$ W,a O hN dZZM ?/ O ? °L S x o¢ ? ? o ? ^^ V ¢ i ? 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P Z ? pm _ U F- W O ?- wM ? d Y w ° ¢_ a w ? rN i N ? a a ? Qd Y r L ? w 6 I L ? a {y4 i -f __ -241 0 0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF MILE POSTS 214 TO 227 OF THE PENNSYLVANIA TURNPIKE (PARCEL ID NO. 46-07-0477-018) CONDEMNEES: RICHARD S. DEITCH NO. IN REM EMINENT DOMAIN BOND KNOW ALL MEN BY THESE PRESENTS that the Pennsylvania Turnpike instrumentality of the Commonwealth of Pennsylvania, is held firmly bound to the Pennsylvania for the use and benefit of the owner or owners of the property interests condemned by the Declaration of Taking filed in the above-named Court at the above term and such damages as shall be determined by law. Now the condition of this obligation is such that if the Pennsylvania Turnpike the said owner or owners of the property interests condemned such damages as shall be obligation shall be void; otherwise to be and remain in full force and effect. Sealed with the official seal of the said Commission and dated this N) cw-C k , 2005. ATTEST: Ralp M. Bailets? Assistant Secretary-Treasurer PENNSYLVANIA TURNPIKE COMMIS By: MitclCell Rubin Chairman EXHIBIT "C" russion, an mwealth of have been her and pay shall pay to by law, this day of COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN Joseph G. Brimmeier, being duly sworn according t< deposes and says that he is the Chief Executive Officer Pennsylvania Turnpike Commission and makes this Affidavit behalf, being familiar with the facts and having authority do; and that all the statements in the foregoing Declarat Taking are true and correct to the best of his infosz knowledge and belief. G. Brimmeier Sworn to and subscribed before me this 16,)( day of -//l d &?"-X-- , 2005. Notary Public MY COMMISSION EXPIRES: Notarial Seal EW eann Nebinger, Notary Public letom Bono, DaupNn County mmissi on Expires Apr. 26, 2007 Member, Pennsylvania Association Of Notaries law, the its o to n of In LIA Pnt MEaCH I" VIEWERS 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 WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF MILE POSTS 214 TO 227 OF THE PENNSYLVANIA TURNPIKE (PARCEL ID NO. 46-07-0477- 018) CONDEMNEE: RICHARD S. DEITCH, CIVIL ACTION NO. 05-2129 CIVIL PETITION FOR THE APPOINTMENT OF A BOARD OF VIEWERS FILED ON BEHALF OF: The Pennsylvania Turnpike Commission, Defendant-Condemnor COUNSEL OF RECORD FOR THIS PARTY: William P. Bresnahan, Esquire Pa. I.D. No. 00119 William P. Bresnahan, II, Esquire Pa. I.D. No, 85543 HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. 2901 Grant Building 330 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Firm ID No. 628 PTCIIDEITCWPPT POR VIEWERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION IN RE: CONDEMNATION BY THE ) PENNSYLVANIA TURNPIKE ) COMMISSION OF PROPERTY ) LOCATED IN THE TOWNSHIP OF ) WEST PENNSBORO, CUMBERLAND ) COUNTY, COMMONWEALTH OF ) PENNSYLVANIA, FOR THE TOTAL ) RECONSTRUCTION OF MILE POSTS ) 214 TO 227 OF THE PENNSYLVANIA } TURNPIKE (PARCEL ID NO. 46-07- ) 0477-018) ) CONDEMNEE: RICHARD S. DEITCH ) No. 05-2129 CIVIL PETITION FOR THE APPOINTMENT OF A BOARD OF VIEWERS The Petition ofTHE PENNSYLVANIA TURNPIKE COMMISSION respectfullyrepresents the following: The Plaintiff-Condemnee is Richard S. Deitch, with an address of 2212 Neville Road, Carlisle, PA 17011 2. The Defendant-Condemnor is THE PENNSYLVANIA TURNPIKE COMMISSION, 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. On April 25, 2005, the Plaintiff-Condemnee was the owner of the property located at 2212 Neville Road, Carlisle, PA 17013, more fully described in the Declaration of Taking filed at GD 05-2129. 4. On April 25, 2005, the Defendant-Condemnor filed a Declaration of Taking of the property owned by Plaintiff-Condemnee in the Office of the Prothonotary of Cumberland County Mc IDEITC /PET FOR VIEWERS and in the Office of the Recorder of Deeds of Cumberland County, wherein it acquired a portion of property aforementioned owned by the Plaintiff-Condemnee. 4. The interest of the Plaintiff-Condemnee was that of ownership in fee simple. Plaintiff-Condemnee has not filed Preliminary Objections to the Declaration of Taking filed by the Defendant-Condemnor. 6. By statutory enactment, the Defendant-Condemnor is liable for the payment of damages to the Plaintiff-Condemnee for the condemnation, acquisition and taking ofa portion of his property. Defendant-Condemnor and Plaintiff-Condemnee have been unable to agree upon the just compensation to be made for the taking at issue. Defendant-Condemnor prays your Honorable Court to appoint a Board of Viewers to ascertain the just compensation due to the Plaintiff-Condemnee by reason of the condemnation and taking of his property. AND HE WILL EVER PRAY. DATE r?? ?> ZC© , Respectfully submitted, HOLLINSHEAD, MENDELSON, BRESNAHAN & NIXON, P.C. BY AW_14 ,s / 0.-Fg"?- William P. Bresnahan, Esquire William P. Bresnahan, 11, Esquire 2901 Grant Building 330 Grant Street Pittsburgh, PA 15219 (412) 355-7070 Attorneys for The Pennsylvania Turnpike Commission, Defendant-Condemnor PTCINERMPEr FOR VIEWERS AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ALLEGHENY Before me the undersigned authority, a Notary Public, in and for said County and Commonwealth, personally appeared WILLIAM P. BRESNAHAN, who, after having first been duly sworn according to law, deposes and says that he is authorized to and does make this Affidavit on behalf of the Pennsylvania Turnpike Commission, and that the averments contained and set forth in the foregoing PETITION FOR THE APPOINTMENT OF A BOARD OF VIEWERS are true and correct to the best of his knowledge, information and belief. WILLIAM P. BRESNAHAN SWORN TO AND SUBSCRIBED BEFORE ME fJ THIS DAY OF , 2005. bt s e NOTARY PUBLIC MY COMMISSION EXPIRES: Notarial Seal Elizabeth J. Barker, Notary Pubic City Of Pittsburgh, Allegheny Courtiy MY Commission Exp res Aug.1Z 2M Member, Pennsylvania Association 0(Nobdes y r p RECEIVED AUG 292005 PTq/DEITCH ET MR VIEWERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION . e?6) 09 0X05 IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF MILE POSTS 214 TO 227 OF THE PENNSYLVANIA TURNPIKE (PARCEL ID NO. 46-07- 0477-018) CONDEMNEE: RICHARD S. DEITCH No. 05-2129 CIVIL ORDER OF COURT AND NOW, to wit, this ?Id day of 2005, the within Petition having been presented to 4*Mo Court, upon consideration thereof and upon motion of William P. Bresnahan, Esquire, and William P. Bresnahan Il, Esquire, Attorneys forDefendant-Condemnor, the Court hereby appoints and v L as Viewers, as provided by law, to view the 1) Lq premises and to ascertain and assess such damages as they may find to have been caused to Plaintiff- Condemnee's property by reason of the condemnation and taking within mentioned. BY THE COURT, ALP;i' " ` ,?nti1? ' i :1 Nj 1 jov SGOZ K[4i ?-031}3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF MILE POSTS 214 TO 227 OF THE PENNSYLVANIA TURNPIKE (PARCEL ID NO. 46-07-0477-018) CONDEMNEE: RICHARD S. DEITCH No. 05-2129 CIVIL PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of the undersigned and Latsha Davis Yohe & McKenna, P.C., on behalf of Condemnee, Richard S. Deitch, in the above-captioned matter. Dated:T LATSHA DAVIS YOHE & MCKENNA, P.C. By Glenn R. Davis Attorney I. D. No. 31040 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA 17050 (717) 620-2424 Attorneys for Condemnee, Richard S. Deitch 101344 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Praecipe for Entry of Appearance was served by first-class, United States mail, postage prepaid, upon the following: William P. Bresnahan, Esq. William P. Bresnahan, II, Esq. Hollinshead, Mendelson, Bresnahan & Nixon, P.C. 2901 Grant Building 330 Grant Street Pittsburgh, PA 15219 William A. Duncan, Esq. Duncan & Hartman, P.C. 1 Irvine Row Carlisle, PA 17013 Dated: Glenn R. Davis 101344 __, =,', ;! ,` ?? __ '? ; ? :? - y ;. ,, ;? `: :. ?... IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE PENNSYLVANIA TURNPIKE COMMISSION OF PROPERTY LOCATED IN THE TOWNSHIP OF ; No. 05-2129 CIVIL WEST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, FOR THE TOTAL RECONSTRUCTION OF MILE POSTS 214 TO 227 OF THE PENNSYLVANIA TURNPIKE (PARCEL ID NO. 46-07-0477-018) CONDEMNEE: RICHARD S. DEITCH PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Please mark this matter, as it relates to Condemnee Richard S. Deitch, as settled, discontinued and ended, with prejudice. Dated:r-Q?Z, GZA.V-2? Glenn R. Davis Attorney I. D. No. 31040 Latsha Davis Yohe & McKenna, P.C. 1700 Bent Creek Boulevard, Suite 140 Dated2-- -_ Mechanicsburg, PA 17050 (717) 620-2424 Attorneys for Condemnee, Richard S. Deitch William P. Bresnahan Attorney I. D. No. L96V%?% Hollinshead, Mendelson, Bresnahan & Nixon, P.C. 330 Grant Street Pittsburgh, PA 15219 Attorneys for Condemnor 127438 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Praecipe to Settle, Discontinue and End was served by first-class, United States mail, postage prepaid, upon the following: William P. Bresnahan, Esq. Hollinshead, Mendelson, Bresnahan & Nixon, P.C. 2901 Grant Building 330 Grant Street Pittsburgh, PA 15219 William A. Duncan, Esq. Duncan & Hartman, P.C. 1 Irvine Row Carlisle, PA 17013 Dated:- o? Helen Samuels Legal Secretary 12743& l i ^) ^y REPORT OF CHAIRMAN OF VIEWERS TO THE HONORABLE, THE JUDGES OF SAID COURT: The undersigned Chairman of Viewers respectively reports: HISTORY OF THE CASE 1. On August 31, 2005 by Order of Court, the Court appointed William A. Duncan, Esquire, Chairman, James Sheya and Fred Hefelfinger as a Board of View to ascertain the just compensation due the Plaintiff for the condemnation of property located in the Township of West Pennsboro, Cumberland County, Pennsylvania, being the property of Richard S. Deitch, see Exhibit "A" attached. 2. Letters requesting a Status Report so that a View could be scheduled were sent on August 31, 2005; May 30, 2007; May 15, 2008; and October 10, 200. Due to on-going construction and requests for postponement of View by Pennsylvania Turnpike Commission, no View was scheduled, see Exhibit "B" attached. 3. On December 10, 2008, Praecipe to Settle and Discontinue and End was filed in the Prothonotary Office of the Cumberland County Court House, see Exhibit "C" attached. CONCLUSION As set forth in the History of the Case, the matter for which the Board of View was appointed has been started and discontinued in proper form. Therefore, the Board of View should be vacated and any costs associated with the Views paid in accord with the following assessment of the cost of viewers: BILL OF COSTS William A. Duncan, Esq., Chairman 3 Days @ $375 = $ 1,125.00 1 Irvine Row Regular mail 8 Letters x .41 - 3.28 Carlisle, PA 17013 Regular mail 8 Letters x .42 = 3.36 Regular mail 2 Mailings x .59 - 1.18 Total = $ 1,132.82 Signatures: r William A. Duman