HomeMy WebLinkAbout06-2825
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY
THE COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION,
OF RIGHT-OF-WAY FOR
STATE ROUTE 0015, SECTION 006,
A LIMITED ACCESS HIGHWAY IN
THE TOWNSHIP OF LOWER ALLEN
NO. 01o - ,V2 e"" 1 ' ia-L-n
EMINENT DOMAIN PROCEEDING
IN REM
DECLARATION OF TAKING
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
This Declaration of Taking, based on the provisions of Article IV, Section 402, of
the Eminent Domain Code, Act of June 22, 1964, P. L. 84, 26 P. S. 1-402, as amended,
respectfully represents that:
1. The Condemnor is the Commonwealth of Pennsylvania, Department of
Transportation, acting through the Secretary of Transportation.
2. The address of the Condemnor is:
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P. O. Box 8212
Harrisburg PA 17105-8212
3. The Department of Transportation is authorized by the provisions of
Section 2003(e) of the Administrative Code of 1929, P. L. 177, 71 P. S. 513(e),
as amended, to acquire by gift, purchase, condemnation, or otherwise, land in fee simple
or such other estate or interest as it shall determine, in the name of the Commonwealth
for all transportation purposes.
4. The within condemnation has been authorized by a plan signed by
the Secretary of Transportation on February 15, 2006, titled "Drawings Reestablishing
Limited Access Highway, Authorizing Acquisition of Right-of-Way, Accepting Dedication
of Right-of-Way, Vacating Right-of-Way and Confirming Disposition of Right-of-Way
for State Route 0011 Section 028 R/W in Cumberland County, and State Route 0015
Section 006 R/W, and State Route 0581 Section 005 R/W, and State Route 2014
Section 006 R/W, also State Route 2027, State Route 8004, State Route 8007," a copy
of which plan was filed in the County Recorder's Office in Cabinet 3, Drawer 1, at
page 172 on March 17, 2006.
5. The purpose of the within condemnation is to acquire property for
transportation purposes.
6. A Schedule of Property Condemned identifying and specifying the location
of the property hereby condemned is attached hereto and made a part hereof.
7. Plans showing the property hereby condemned may be inspected in
the Recorder's Office of the aforesaid County at the places indicated on the attached
Schedule of Property Condemned or, if not shown thereon, on the day of the filing of
this document being lodged for record or filed in said Recorder's Offices, where they
may be inspected.
8. The nature of the title hereby condemned is fee simple.
9. In the event there are recoverable minerals (including gas and oil) within
the areas, if any, hereby condemned in fee simple, the mineral rights (including rights
to gas and oil) in those areas are hereby excepted and reserved from this condemnation,
provided, however, that the right of support of the areas condemned is included
within the scope of this condemnation, and no access from the surface of such areas
for removal purposes will be allowed without permission from the Commonwealth.
10. The payment of just compensation in this matter is secured by
the Commonwealth's power of taxation.
11. I, Gary C. Fawver, P. E., Chief of the Utilities and Right-of-Way Section,
of the Department of Transportation, do hereby depose, swear, and affirm that
I am authorized by and do hereby execute this Declaration of Taking on behalf of
the Commonwealth of Pennsylvania, Department of Transportation, and that
the averments contained and set forth herein are true and correct to the best of
my knowledge, information, and belief, and are made subject to penalties provided in
18 Pa. C. S. §4904, relating to false swearing to authorities.
WHEREFORE, fee simple title is hereby condemned of and from the properties
identified on the attached Schedule of Property Condemned, as indicated on the plans
referenced in paragraph 7 above.
'P?G
Gary . awver, P. E.
Chief, Utilities and Right-of-Way Section
Page 1 of 1
COMMONWEALTH OF PENNSYLVANIA
Rw-437 (12l04) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
REMIS PRO7. NO. 080153
COUNTY CUMBERLAND
S.R. - SECTION 0015-006
MUNICIPALITY Lower Allen Township
TYPE OF TAKE
PT- Partial Take
TT- Total Take
D- Deed Description
P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
Parcel
No.
Claim
Number
Type
of
Take
Name, Property Interest of
Condemnees, Mailing Address, and
Location of Condemned Property Attached
Exhibit
Number
an)
**Type of
Description
Plan (if any)
Recorded in
38 2100186000 TT Robert W. Boyer, single R Cumberland
County
Mailing Address: Recorder of
1121 Rana Villa Avenue Deeds -
Camp Hill, PA 17011-6931 Cabinet 3,
Drawer 1,
Location of Property: Page 172
Deed Book N-27, Page 143 Sheet 149
NOTE: Recording data is not shown
correctly on property plat.
7 2100191000 PT H. R. Peters and Esther C. Peters, h/w R Cumberland
County
Mailing Address: Recorder of
Address unknown and undeterminable Deeds -
after diligent search. Cabinet 3,
Drawer 1,
Location of Property: Page 172
Deed Book S-13, Page 193 Sheets 47 &
204
31 2100204000 PT Leroy Shaffer and Edna E. Shaffer, h/w R Cumberland
County
Mailing Address: Recorder of
Address unknown and undeterminable Deeds -
after diligent search. Cabinet 3,
Drawer 1,
Location of Property: Page 172
Deed Book C-14, Page 133 Sheets 51 &
Deed Book C-14, Page 135 204
32 2100205000 TT Harold C. Maney and Elsie I. Maney, h/w R Cumberland
County
Mailing Address: Recorder of
Address unknown and undeterminable Deeds -
after diligent search. Cabinet 3,
Drawer 1,
Location of Property: Page 172
Deed Book Z-13, Page 435 Sheets 51, 52
& 204
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
IN RE: CONDEMNATION BY
THE COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT-OF-WAY FOR
STATE ROUTE 0015, SECTION 006,
A LIMITED ACCESS HIGHWAY IN
THE TOWNSHIP OF LOWER ALLEN
DECLARATION OF TAKING
Christopher J. Clements
Assistant Counsel in Charge, R/W
Supreme Court ID Number 44699
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P. O. Box 8212
Harrisburg PA 17105-8212
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY
THE COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION,
OF RIGHT-OF-WAY FOR
STATE ROUTE 0015, SECTION 006,
A LIMITED ACCESS HIGHWAY IN
THE TOWNSHIP OF LOWER ALLEN
NO. oL- -2 .? S
EMINENT DOMAIN PROCEEDING
IN REM
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY OF SAID COURT:
Please enter the appearance of Christopher J. Clements, Assistant Counsel in Charge, R/W,
Office of Chief Counsel, Department of Transportation, P.O. Box 8212, Harrisburg PA 17105-8212,
as attorney for the Commonwealth of Pennsylvania, Department of Transportation, Condemnor
in the above-captioned proceedings.
Dated: 1r , / S. O(
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY
THE COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION,
OF RIGHT-OF-WAY FOR
STATE ROUTE 0015, SECTION 006,
A LIMITED ACCESS HIGHWAY IN
THE TOWNSHIP OF LOWER ALLEN
NO. TERM, 20
av-app oaS L IVIL,
EMINENT DOMAIN PROCEEDING
IN REM
MEMORANDUM TO PROTHONOTARY
You are hereby informed that notice of the condemnation effected by the Declaration of
Taking filed to the above term and number on MAY 18, ao4 , was recorded in the office of
the Recorder of Deeds of the above county in SIB 7,27
, page(s)U ?4 8
The condemnation book and page number, file number, or microfilm number of
any property plat filed or microfilmed separately from the said Notice of Condemnation
is shown on the list of property condemned which is attached hereto.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BY "Q &ov"2 cftxy? District Right- ay Administrator
Engineering District 8-0
G 0 hpLe-re-1)
COMMONWEALTH OF PENNSYLVANIA
RW-437 (12/04) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
REMIS PRO]. NO. 080153
COUNTY CUMBERLAND
S.R. - SECTION 0015-006
MUNICIPALITY Lower Allen Township
TYPE OF TAKE
PT- Partial Take
TT- Total Take
D- Deed Description
Page I of I
P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
Parcel
No.
Claim
Number
*Type
of
Take
Name, Property Interest of
Condemnees, Mailing Address, and
Location of Condemned Property Attached
Exhibit
Number
(if an)
*"Type of
Description
Plan (if any)
Recorded in
38 2100186000 TT Robert W. Boyer, single R Cumberland
County
Mailing Address: Recorder of
1121 Rana Villa Avenue Deeds -
Camp Hill, PA 17011-6931 Cabinet 3,
Drawer 1,
Location of Property: Page 172
Deed Book N-27, Page 143 Sheet 149
NOTE: Recording data is not shown
correctly on property plat.
7 2100191000 PT H. R. Peters and Esther C. Peters, h/w R Cumberland
County
Mailing Address: Recorder of
Address unknown and undeterminable Deeds -
after diligent search. Cabinet 3,
Drawer 1,
Location of Property: Page 172
Deed Book S-13, Page 193 Sheets 47 &
204
31 2100204000 PT Leroy Shaffer and Edna E. Shaffer, h/w R Cumberland
County
Mailing Address: Recorder of
Address unknown and undeterminable Deeds -
after diligent search. Cabinet 3,
Drawer 1,
Location of Property: Page 172
Deed Book C-14, Page 133 Sheets 51 &
Deed Book C-14, Page 135 204
32 2100205000 TT Harold C. Maney and Elsie I. Maney, h/w R Cumberland
County
Mailing Address: Recorder of
Address unknown and undeterminable Deeds -
after diligent search. Cabinet 3,
Drawer 1,
Location of Property: Page 172
Deed Book Z-13, Page 435 Sheets 51, 52
& 204
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RW-432 (3/99)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, OF THE
RIGHT-OF-WAY FOR STATE
ROUTE 0015, SECTION 006, A LIMITED ACCESS
HIGHWAY IN THE TOWNSHIP OF LOWER ALLEN
: NO. 06-2825 CIVIL
TERM,
: EMINENT DOMAIN PROCEEDING
IN REM
PROOF OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss:
David B. Reynolds, being duly sworn according to law, deposes and says that he is District Right-of-Way
Administrator of Engineering District 8-0, Department of Transportation, Commonwealth of Pennsylvania, and
that on or before June 16, 2006, notice of the filing of the declaration of taking in the above matter was served
on the condemnees affected thereby in compliance with Article IV, Section 405, of the Eminent Domain Code,
Act June 22, 1964, P.L. 84, as amended. A schedule of the condemnees so notified is attached hereto and made
part hereof.
District Righ Way Administrator
Sworn to and subsc 'bed before me
Noid? Public
N FP My Commission Expires: rwualmtx, Notary Public
umberland County
Expires Apc 7, 2007
membw, Pmnnsykwga Assodatlon of NoWbe
Page 1 of t
COMMONWEALTH OF PENNSYLVANIA
RW-437 (11104) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
REMIS PROD. NO. 080153
COUNTY CUMBERLAND
S.R. - SECTION 0015-006
MUNICIPALITY Lower Allen Township
TYPE OF TAKE
PT- Partial Take
TT- Total Take
D- Deed Description
P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
Parcel
No.
Claim
Number
"Type
of
Take
Name, Property Interest of
Condemnees, Mailing Address, and
Location of Condemned Property Attached
Exhibit
Number
(if an)
Type of
Description
Plan (if any)
Recorded in
38 2100186000 TT Robert W. Boyer, single R Cumberland
County
Mailing Address: Recorder of
1121 Rana Villa Avenue Deeds -
Camp Hill, PA 17011-6931 Cabinet 3,
Drawer 1,
Location of Property: Page 172
Deed Book N-27, Page 143 Sheet 149
NOTE: Recording data is not shown
correctly on property plat.
7 2100191000 PT H. R. Peters and Esther C. Peters, h/w R Cumberland
County
Mailing Address: Recorder of
Address unknown and undeterminable Deeds -
after diligent search. Cabinet 3,
Drawer 1,
Location of Property: Page 172
Deed Book S-13, Page 193 Sheets 47 &
204
31 2100204000 PT Leroy Shaffer and Edna E. Shaffer, h/w R Cumberland
County
Mailing Address: Recorder of
Address unknown and undeterminable Deeds -
after diligent search. Cabinet 3,
Drawer 1,
Location of Property: Page 172
Deed Book C-14, Page 133 Sheets 51 &
Deed Book C-14, Page 135 241
32 2100205000 TT Harold C. Maney and Elsie I. Maney, h/w R Cumberland
County
Mailing Address: Recorder of
Address unknown and undeterminable Deeds-
after diligent search. Cabinet 3,
Drawer 1,
Location of Property: Page 172
Deed Book Z-13, Page 435 Sheets 51, 52
& 204
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IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT OF WAY FOR STATE
ROUTE 0015, SECTION 006, A LIMITED
ACCESS HIGHWAY IN THE TOWNSHIP
OF LOWER ALLEN
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDING
IN REM
CLAIM NO. 2100204000
NO. 06-2825 CIVIL TERM
PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
1. The Department of Transportation is an administrative agency of the
Commonwealth of Pennsylvania, with offices at P.O. Box 8212, Harrisburg, Pennsylvania,
17105-8212.
2. On May 18, 2006 a Declaration of Taking was filed to the above-captioned court
term and number by the Secretary of Transportation.
3. The Commonwealth has been unable to make payment because claimants are
unlocatable after a diligent search.
4. A draft in the total amount of just compensation due the condemnees, as
estimated by the Commonwealth, and the Commonwealth's pro-rata share of taxes on the
subject property made payable to the Prothonotary of this Court is attached hereto.
5. I, Amanda G. Phily, Assistant Counsel, do affirm that I am authorized to execute
this Petition to Deposit Estimated Just Compensation on behalf of the Commonwealth of
Pennsylvania, Department of Transportation, that the averments contained and set forth
herein are true and correct to the best of my knowledge, information and belief and that they
? ,
are made subject to the penalties provided in 18 Pa. C.S. §4909, relating to unsworn
falsification to authorities.
WHEREFORE, in order to assure possession of the condemned property, if required,
by your Petitioner to which is entitled under Section 1-407, of the Eminent Domain Code of
1964, as amended 26 P.S. §1-407, your Petitioner prays that your Honorable Court direct
payment of the aforesaid estimated just compensation and the Commonwealth's pro-rata
share of the taxes on the subject property into Court, to be held until further Order of Court
directing payment of said amount, or any part thereof, to the said condemnees and/or
interested parties entitled thereto pursuant to Sections 1-407, 1-521 and/or 1-522, of the said
Code, 26 P.S. §§1-407, 1-521 and/or 1-522, as applicable.
Respectfully submitted,
Amanda G. Phily U
Assistant Counsel
Supreme Court ID No. 80772
Commonwealth of Pennsylvania
Department of Transportation
P.O. Box 8212
Harrisburg, PA 17105-8212
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IN RE: CONDEMNATION BY THE
'COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT OF WAY FOR STATE
ROUTE 0015, SECTION 006, A LIMITED
ACCESS HIGHWAY IN THE TOWNSHIP
OF LOWER ALLEN
CLAIM NO. 2100204000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDING
IN REM
: NO. 06-2825 CIVIL TERM
SWORN STATEMENT AS TO NOTICE OF PRESENTATION OF PETITION TO
DEPOSIT ESTIMATED JUST COMPENSATION
I, Amanda G. Phily, Assistant Counsel in the Right of Way Section, affirm that I
am authorized to execute this sworn statement on behalf of the Commonwealth of
Pennsylvania, Department of Transportation, that this statement is true and correct to
the best of my knowledge, information and belief and that it is made subject to the
penalties provided by 18 Pa. C.S.A. §4904 relating to unsworn falsification to
authorities.
As the condemnees are not locatable, notice regarding estimated just
compensation was posted on the subject property June 2, 2006 and published on June
7, 2006 in the Patriot News and on June 16, 2006 in the Cumberland County Law
Journal. In compliance with Section 1-522 of the Eminent Domain Code of 1964, as
amended, the notice stated the Department's intent to present a Petition to Deposit
Estimated Just Compensation in the above-captioned case to the Cumberland County
Court of Common Pleas twenty days subsequent to the expiration of the statutory
period for the filing of Preliminary Objections to the Declaration of Taking.
Respectfully tted,
it , f,
Amanda G. Phily U
Supreme Court ID No. 80772
Commonwealth of Pennsylvania
Pennsylvania Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, PA 17105-8212
CERTIFIED MAIL
COUNTY: Cumberland
S.R. 0015, SECTION 006
CLAIM NO. 2100204000
COURT DOCKET NO. 06-2825 CIVIL TERM
SCHEDULE OF INTERESTED PARTIES NOTIFIED OF THE PRESENTATION TO
DEPOSIT ESTIMATED JUST COMPENSATION
NAMES AND ADDRESSES
Leroy & Edna E. Shaffer
Address Unknown
Owner unlocatable
after diligent search.
DATE RECEIVED CERTIFIED MAIL
Address Unknown. Notice of Declaration of
Taking posted on June 2, 2006 and published
on June 7, 2006 in the Patriot News and on
June 16, 2006 in the Cumberland County
Law Journal.
1T?
Pity
rte'
CERTIFIED MAIL
COUNTY: Cumberland
S.R. 0015, SECTION 006
CLAIM NO. 2100191000
COURT DOCKET NO. 06-2825 CIVIL TERM
SCHEDULE OF INTERESTED PARTIES NOTIFIED OF THE PRESENTATION TO
DEPOSIT ESTIMATED JUST COMPENSATION
NAMES AND ADDRESSES
H.R. & Esther C. Peters
Address Unknown
Owner unlocatable
after diligent search.
DATE RECEIVED CERTIFIED MAIL
Address Unknown. Notice of Declaration of
Taking posted on June 2, 2006 and published
on June 7, 2006 in the Patriot News and on
June 16, 2006 in the Cumberland County
Law Journal.
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT OF WAY FOR STATE
ROUTE 0015, SECTION 006, A LIMITED
ACCESS HIGHWAY IN THE TOWNSHIP
OF LOWER ALLEN
CLAIM NO. 2100191000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDING
IN REM
NO. 06-2825 CIVIL TERM
PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
1. The Department of Transportation is an administrative agency of the
Commonwealth of Pennsylvania, with offices at P.O. Box 8212, Harrisburg, Pennsylvania,
17105-8212.
2. On May 18, 2006 a Declaration of Taking was filed to the above-captioned court
term and number by the Secretary of Transportation.
3. The Commonwealth has been unable to make payment because claimants are
unlocatable after a diligent search.
4. A draft in the total amount of just compensation due the condemnees, as
estimated by the Commonwealth, and the Commonwealth's pro-rata share of taxes on the
subject property made payable to the Prothonotary of this Court is attached hereto.
5. I, Christopher J. Clements, Assistant Counsel in Charge, do affirm that I am
authorized to execute this Petition to Deposit Estimated Just Compensation on behalf of the
Commonwealth of Pennsylvania, Department of Transportation, that the averments contained
and set forth herein are true and correct to the best of my knowledge, information and belief
and that they are made subject to the penalties provided in 18 Pa. C.S. §4909, relating to
unsworn falsification to authorities.
WHEREFORE, in order to assure possession of the condemned property, if required,
by your Petitioner to which is entitled under Section 307, of the Eminent Domain Code of
2006, 26 Pa.C.S. §307, your Petitioner prays that your Honorable Court direct payment of the
aforesaid estimated just compensation and the Commonwealth's pro-rata share of the taxes
on the subject property into Court, to be held until further Order of Court directing payment of
said amount, or any part thereof, to the said condemnees and/or interested parties entitled
thereto pursuant to Sections 307, 521 and/or 522, of the said Code, 26 Pa.C.S. §§307, 521
and/or 522, as applicable.
itted,
Assistant Counsel in Charge(/
Supreme Court ID No. 44699
Commonwealth of Pennsylvania
Department of Transportation
P.O. Box 8212
Harrisburg, PA 17105-8212
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IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT OF WAY FOR STATE
ROUTE 0015, SECTION 006, A LIMITED
ACCESS HIGHWAY IN THE TOWNSHIP
OF LOWER ALLEN
CLAIM NO. 2100191000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDING
IN REM
: NO. 06-2825 CIVIL TERM
SWORN STATEMENT AS TO NOTICE OF PRESENTATION OF PETITION TO
DEPOSIT ESTIMATED JUST COMPENSATION
I, Christopher J. Clements, Assistant Counsel in Charge of the Right of Way
Section, affirm that I am authorized to execute this sworn statement on behalf of the
Commonwealth of Pennsylvania, Department of Transportation, that this statement is
true and correct to the best of my knowledge, information and belief and that it is made
subject to the penalties provided by 18 Pa. C.S.A. §4904 relating to unsworn
falsification to authorities.
As the condemnees are not locatable, notice regarding estimated just
compensation was posted on the subject property June 2, 2006 and published on June
7, 2006 in the Patriot News and on June 16, 2006 in the Cumberland County Law
Journal. In compliance with Section 522 of the Eminent Domain Code of 2006, the
notice stated the Department's intent to present a Petition to Deposit Estimated Just
Compensation in the above-captioned case to the Cumberland County Court of
Common Pleas twenty days subsequent to the expiration of the statutory period for the
filing of Preliminary Objections to the Declaration of Taking.
Supreme Court ID No. 4469W
Commonwealth of Pennsylvania
Pennsylvania Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, PA 17105-8212
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SEP 1 1 2006
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT OF WAY FOR STATE
ROUTE 0015, SECTION 006, A LIMITED
ACCESS HIGHWAY IN THE TOWNSHIP
OF LOWER ALLEN
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDING
IN REM
CLAIM NO. 2100204000
: NO. 06-2825 CIVIL TERM
ORDER
AND NOW, this day of SA?WL , 2006, upon
presentation of the Petition to Deposit Estimated Just Compensation, it is ORDERED
and DIRECTED that the sum of $7,600.00, representing the amount of just
compensation estimated by the Commonwealth of Pennsylvania, Department of
Transportation and the Commonwealth's pro-rata share of real estate taxes due the
condemnees and/or interested parties on the subject property shown on the attached
Proposed Schedule of Distribution, be paid into Court in an interest bearing account. It
is further ORDERED that the sum shall be held until further Order of Court directing full
or partial payment to the condemnees and/or interested parties entitled to it pursuant to
Sections 1-407, 1-521 and/or 1-522 of the Eminent Domain Code of 1964, as amended,
26 P.S. Sections 1-407, 1-521 and/or 1-522, as applicable
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IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT OF WAY FOR STATE
ROUTE 0015, SECTION 006, A LIMITED
ACCESS HIGHWAY IN THE TOWNSHIP
OF LOWER ALLEN
CLAIM NO. 2100205000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDING
IN REM
: NO. 06-2825 CIVIL TERM
SWORN STATEMENT AS TO NOTICE OF PRESENTATION OF PETITION TO
DEPOSIT ESTIMATED JUST COMPENSATION
I, Amanda G. Phily, Assistant Counsel in the Right of Way Section, affirm that I
am authorized to execute this sworn statement on behalf of the Commonwealth of
Pennsylvania, Department of Transportation, that this statement is true and correct to
the best of my knowledge, information and belief and that it is made subject to the
penalties provided by 18 Pa. C.S.A. §4904 relating to unsworn falsification to
authorities.
As the condemnees are not locatable, notice regarding estimated just
compensation was posted on the subject property June 2, 2006 and published on June
7, 2006 in the Patriot News and on June 16, 2006 in the Cumberland County Law
Journal. In compliance with Section 1-522 of the Eminent Domain Code of 1964, as
amended, the notice stated the Department's intent to present a Petition to Deposit
Estimated Just Compensation in the above-captioned case to the Cumberland County
Court of Common Pleas twenty days subsequent to the expiration of the statutory
period for the filing of Preliminary Objections to the Declaration of Taking.
Respectfully Submitted,
/ Amanda G. Phily
Supreme Court ID No. 8074
Commonwealth of Pennsylvania
Pennsylvania Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, PA 17105-8212
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT OF WAY FOR STATE
ROUTE 0015, SECTION 006, A LIMITED
ACCESS HIGHWAY IN THE TOWNSHIP
OF LOWER ALLEN
S E P 1 3 2006
A
IN THE COURT OF
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDING
IN REM
CLAIM NO. 2100191000 : NO. 06-2825 CIVIL TERM
ORDER
AND NOW, this Its, day of 2006, upon
presentation of the Petition to Deposit Estimated Just Compensation, it is ORDERED
and DIRECTED that the sum of $500.00, representing the amount of just compensation
estimated by the Commonwealth of Pennsylvania, Department of Transportation and
the Commonwealth's pro-rata share of real estate taxes due the condemnees and/or
interested parties on the subject property shown on the attached Proposed Schedule of
Distribution, be paid into Court in an interest bearing account. It is further ORDERED
that the sum shall be held until further Order of Court directing full or partial payment to
the condemnees and/or interested parties entitled to it pursuant to Sections 307, 521
and/or 522 of the Eminent Domain Code of 2006, as amended, 26 Pa.C.S. Sections
307, 521 and/or 522, as applicable.
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CERTIFIED MAIL
COUNTY: Cumberland
S.R. 0015, SECTION 006
CLAIM NO. 2100191000
COURT DOCKET NO. 06-2825 CIVIL TERM
SCHEDULE OF INTERESTED PARTIES NOTIFIED OF THE PRESENTATION TO
DEPOSIT ESTIMATED JUST COMPENSATION
NAMES AND ADDRESSES
H.R. & Esther C. Peters
Address Unknown
Owner unlocatable
after diligent search.
DATE RECEIVED CERTIFIED MAIL
Address Unknown. Notice of Declaration of
Taking posted on June 2, 2006 and published
on June 7, 2006 in the Patriot News and on
June 16, 2006 in the Cumberland County
Law Journal.
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT OF WAY FOR STATE
ROUTE 0015, SECTION 006, A LIMITED
ACCESS HIGHWAY IN THE TOWNSHIP
OF LOWER ALLEN
CLAIM NO. 2100205000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDING
IN REM
NO. 06-2825 CIVIL TERM
ORDER
r
AND NOW, this day of W ?tvi 2006, upon
presentation of the Petition to Deposit Estimated Just Compensation, it is ORDERED
and DIRECTED that the sum of $1,300.00, representing the amount of just
compensation estimated by the Commonwealth of Pennsylvania, Department of
Transportation and the Commonwealth's pro-rata share of real estate taxes due the
condemnees and/or interested parties on the subject property shown on the attached
Proposed Schedule of Distribution, be paid into Court in an interest bearing account. It
is further ORDERED that the sum shall be held until further Order of Court directing full
or partial payment to the condemnees and/or interested parties entitled to it pursuant to
Sections 1-407, 1-521 and/or 1-522 of the Eminent Domain Code of 1964, as amended,
26 P.S. Sections 1-407, 1-521 and/or 1-522, as applicable.
BY THE COURT:
ROBERT W. BOYER, IN THE COURT OF COMMON PLEAS
Plainhf`/Condemnee OF CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO.: 06-2825 - CIVIL TERM
COMMONWEALTH OF .
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, EMINENT DOMAIN PROCEEDINGS
DefendandCondemnor IN REM a
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Penn DOT Claim No.: 2100186000 z? c_
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PETITION FOR APPOINTMENT OF BOARD OF VIEW r1 m
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TO THE HONORABLE, THE JUDGES OF SAID COURT: ?
The Petition of Robert W. Boyer, Plaintiff/Condemnee, by and through his
attorneys, Joseph A. Klein, P.C., respectfully represents that:
1. On or about May 18, 2006, Robert W. Boyer, hereinafter "Petitioner" or
"Condemnee" was the owner of certain improved real estate ("property") situate at 1121
Rana Villa Avenue, Lower Allen Township, Camp Hill, Cumberland County,
Pennsylvania 17011.
2. By virtue of the Declaration of Taking filed on or about May 18, 2006,
Condemnor Commonwealth of Pennsylvania, Department of Transportation acquired,
appropriated and condemned all of Petitioner's aforesaid and above-descnibed property in
Lower Allen Township, Cumberland County, Pennsylvania.
3. The nature of the title acquired by Condemnor from Condernee is in fee
simple.
4. On or about August 31, 2006, Condemnor made payment to Condemnee
of its Estimated Just Compensation.
5. There are no Preliminary Objections outstanding relating to the instant
Declaration of Taking.
6. There are no persons other than Plaintiff/Condemnee who have an interest
in the property referred to as of the date of the instant condemnation.
7. Petitioner Robert W. Boyer, and Condemnor Commonwealth of
Pennsylvania, Department of Transportation have been unable to agree on the amount of
just compensation to be made for the condemnation of the aforesaid premises.
8. The aforesaid premises are more fully described in the Declaration of
Taking filed on or about May 18, 2006.
WHEREFORE, your Petitioner through his attorneys, Joseph A. Klein, P.C.,
respectfully requests your Honorable Court to appoint a Board of View to ascertain the
just compensation due him.
Respectfully submitted,
PH . KLEIN, P.C.
By:
Ivs. Silver, Esquire
I.D. No. 09825
500 North Third Street, 7'h Floor
P.O. Box 1152
Harrisburg, PA 17108
(717) 233-0132
Attorneys for Plaintiff/Condemnee
Date: ?-1 - l 0 Robert W. Boyer
ROBERT W. BOYER, IN THE COURT OF COMMON PLEAS
PlaintiCondemnee OF CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO.: 06-2825 - CIVIL TERM
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, EMINENT DOMAIN PROCEEDINGS
DefendandCondentnor IN REM
Penn DOT Claim No.: 2100186000
CERTIFICATE OF SERVICE
I, Mark S. Silver, Esquire, of the law firm of JOSEPH A. KLEIN, P.C., attorneys for
Plaintiff/Condemnee, do hereby certify that on this date I served the foregoing PETITION
FOR APPOINTMENT OF BOARD OF VIEW by placing a true and correct copy of same in
the United States Mail, Certified-Return Receipt Requested, postage prepaid, deposited at
Harrisburg, Pennsylvania, addressed to Condemnor's counsel as follows:
Christopher J. Clements, Esquire
Assistant Counsel-in-Charge
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, PA 17105-8212
Attorney for Defendant/Condemnor
Commonwealth of Pennsylvania,
Department of Transportation
By:
Date: ? 1 L-) - \ C)
JO H A EIN, P.C.
i
Mark S. Silver, Esquire
I.D. No. 09825
500 North Third Street, 7'h Floor
P.O. Box 1152
Harrisburg, PA 17108
(717) 233-0132
Attorneys for Plaintiff/Condemnee
Robert E. Boyer
JAN z 9 alu
ROBERT W. BOYER,
Plainh;,?I Condemnee
V.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
DejendanOCondemnor
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.: 06-2825 - CIVIL TERM
EMINENT DOMAIN PROCEEDINGS
IN REM
Penn DOT Claim No.: 2100186000
ORDER OF COURT
AND NOW, this -,?Qday of 2010, upon consideration of the
Petition of Condemnee Robert W. Boyer for Appointment of a Board of View, the
following are appointed to a Board of View to ascertain and award just compensation to
Condemnee:
W i ! 1(Q m '664Al Lf 1y , Esquire, Chairman
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DISTRIBUTION:
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BY THE COURT:
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Mark S. Silver, Esquire, 500 North Third Street, 7* Floor, Harrisburg, PA 17101 - Condemnee's counsel
Phone: 717-233-0132; Fax: 717-233-2516
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Transportation, ?? Office
Christopher '' (- 4 c of ChifCounselPO. Box 8212, Harrisburg, PA 17OS 8212 Conidemnor s counsel
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Phone: 717-787-3128; Fax: 717-772-2741
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()P THE PP,0TH0A0TARY
COMMONWEALTH OF PENNSYLVANIA 2??0 FED _g ?? ??.b
DEPARTMENT OF TRANSPORTATION
GOVERNOR'S OFFICE OF GENERAL COUNSEL
Kelly Edward Solomon, Assistant Counsel CU?? .:° ,mot=. ;_ t ?UNiY
Right of Way Section PEt dNSYC V,'N A
Supreme Court l.D. #85714
P. O. Box 8212
HARRISBURG, PENNSYLVANIA 17105-8212
(717) 787-3128
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL ACTION -- LAW
ROBERT W. BOYER
Plaintiff-Condemnee, No. 06-2825 CIVIL
V.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Defendant-Condemnor
EMINENT DOMAIN
CLAIM NO.: 2100186000 PROCEEDINGS -- IN REM
PRAECIPE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of the condemnor, Commonwealth of
Pennsylvania, Department of Transportation, the defendant in the above-captioned matter.
OFFI CHIE OU SEL
By:
elly Edward Solomon, Esq.
Attorney for the Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
ROBERT W. BOYER
Plaintiff-Condemnee,
V.
CIVIL ACTION -- LAW
No. 06-2825 CIVIL
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Defendant-Condemnor
CLAIM NO.: 2100186000
EMINENT DOMAIN
PROCEEDINGS -- IN REM
CERTIFICATE OF SERVICE
I certify that I am serving the attached Praecipe for Entry of Appearance in the manner and
upon the person as set forth below, which service satisfies the requirements of Pa.R.C.P. 440:
BY FIRST CLASS MAIL:
Mark S. Silver, Esq.
Joseph A. Klein, P.C.
500 North Third Street, 7th Floor
P.O. Box 1152
Harrisburg, PA 17108
Dated: February 2, 2010
Respectfully submitted,
FFI L
OE F CHIEF t
By.
elly Edward Solomon
ssistant Counsel
Attorney for the Defendant
ROBERT W. BOYER,
Plaintif lCondemnee
v.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
DefendandCondemnor
Penn DOT Claim No.: 2100186000
IN THE COURT OF COMMON PLEAS ?
OF CUMBERLAND COUNTY, PENNSVLVA&A
CIVIL ACTION - LAW _
NO.: 06-2825 - CIVIL TERM
EMINENT DOMAIN PROCEEDINGS-
IN REM r
PRAECIPE TO SETTLE AND DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above-captioned action "Settled and Discontinued" on the docket.
Respectfully submitted,
tHA EIN, P.C.
By:
M?pk S. Silver, Esquire
I.D. No. 09825
500 North Third Street, 7 h Floor
P.O. BOX 1152
Harrisburg, PA 17108
(717) 233-0132
Attorneys for Plaintiff/Condemnee
Date: L i fl Robert W. Boyer
--1
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