HomeMy WebLinkAbout06-4505IN 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. D& -g5o5 C+?,' l
EMINENT DOMAIN PROCEEDING
IN REM
DECLARATION OF TAKING
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
This Declaration of Taldng, 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 and a temporary
construction easement.
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, and a temporary construction easement
are 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.
.31 G ;?,
Gary . Fa er, P. E.
Chief, Uti ies and Right-of-Way Section
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
Page 1 of 4
COMMONWEALTH OF PENNSYLVANIA
RW-437 (12104) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
REMIS PROJ. NO. 080153
COUNTY Cuwxrland
S.R. - SECTION 0015-006
MUNICIPALITY Lowa 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
27 2100201000 PT Harold F. Renshaw R Cumberland
County
Mailing Address: Recorder of
3803 Glenwood Avenue Deeds -
Camp Hill, PA 17011-6945 Cabinet 3,
Drawer 1,
Location of Property: Page 172,
Deed Book A-36 Page 798 Sheet 148
84 21002270M TT Lamar Advantage GP Company, LLC, R Cumberland
survivor after merger with Lamar County
Whiteco Outdoor Corporation, successor Recorder of
in interest to Chancellor Media Whiteco Deeds -
Outdoor Corporation Cabinet 3,
Kevin Reilly, CEO Drawer 1,
Page 172,
Mailing Address: Sheet 171
5551 Coporate Boulevard, Suite 2-A
Baton Rouge, LA 70808
Location of Property:
Deed Book 192 Page 702
Note: Owner is not the same as shown
on plan, due to merger.
Page 2 of 4
COMMONWEALTH OF PENNSYLVANIA
RW-437 (12104) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
REMIS PROJ. 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
112 2100233000 PT Kim Company R Cumberland
(a Pennsylvania Corporation) County
Owner of Record Recorder of
Deeds -
Mailing Address: Cabinet 3,
Robert M. Mumma II, Vice President Drawer 1,
P. O. Box 58 Page 172,
Bowmansdale, PA 17008-0058 Sheets 61 and
205
Mumma Realty Associates
P. O. Box 390
Camp Hill, PA 17001-0390
Attn: Lisa M. Morgan, Esquire
(Reputed owner)
Residuary Trust Under the Will of
Robert M. Mumma, Deceased
c/o Lisa M. Morgan, Esquire
1140 North Ocean Boulevard
Gulf Stream, FL 33483-7230
(Reputed owner)
AS THEIR INTERESTS MAY
APPEAR
Location of Property:
Deed Book D-20 Page 566
Page 3 of 4
COMMONWEALTH OF PENNSYLVANIA
RW-437 (12/04) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
BEMIS 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
271 2100274000 PT Donald E. Slike and R Cumberland
Rose Marie Slike, His Wife County
Recorder of
Mailing Address: Deeds -
P.O. Box 292 Cabinet 3,
Camp Hill, PA 17001-0292 Drawer 1,
Page 172
Property Location: Sheet 197
Deed Book X-30 Page 746
272 2100275000 PT Jonathan E. Keough R Cumberland
County
Mailing Address: Recorder of
306 Hunter Path Road Deeds -
Hummelstown, PA 17036-2715 Cabinet 3,
Drawer 1,
Property Location: Page 172
Deed Book 190 Page 771 Sheet 198
2100275001 Donald E. Slike
(Tenant, owner of
improvements)
Mailing Address:
P.O. Box 292
Camp Hill, PA 17001-0292
AS THEIR INTERESTS MAY
APPEAR
Page 4 of 4
COMMONWEALTH OF PENNSYLVANIA
RW-437 (l2J04) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
REMIS PRO]. NO. 080153
COUNTY Cumberland
S.R. - SECTION 0015-006
MUNICIPAL]TY Lower Allen Township
TYPE OF TAKE TYPE OF DESCRIPTION
PT- Partial Take D- Deed Description
TT- Total Take 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
273 2100276000 PT HET Enterprises, LLC (a Pennsylvania R Cumberland
limited liability company) County
Recorder of
Mailing Address: Deeds -
Gary A. Hastings, President (Member) Cabinet 3,
1631 Bridge Street Drawer 1,
New Cumberland, PA 17070-1174 Page 172,
Sheet 198
Location of Property:
Deed Book 261 Page 760
cr? ?rJ
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1
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. d,o-41505 C;vi I
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, R1W, Office of Chief Counsel, Department of Transportation, P. O. Boa 8212,
Harrisburg PA 17105-8212, as attorney for the Commonwealth of Pennsylvania,
Department of Transportation, Condemnor in the
Assistant
Dated: 6. a . 06
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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
Gtr 'L-
NO.Q b-4f(? TERM, 20
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 AvC '7t ac)o(o , was recorded in the office of
the Recorder of Deeds of the above county in 60010. O-Mct , page(s) PA
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 jDgvcdB O1D/
District Right -Way Administrator
Engineering District 8-0
REblls PRO). NO. 080157
Z50UNTY Cumberland
S.R. - SECTION 0015-006
bIUNICIPALITY Lower Allen Township
Page j of ¢
TYPE OF TAKE TYPE OF DESCRIPTION
PT- Partial Take D- Deed Description
TT- Total Take P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
6DWC61-&4b
COMMONWEALTH OF PENNSYLVANIA
RW-477 (17A4) DEPARnMrrr OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
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
Descri tion
Plan (if any)
Recorded in
27 2100201000 PT Harold F. Renshaw R Cumberland
County
Mailing Address: Recorder of
3803 Glenwood Avenue Deeds-
Camp Hill, PA 17011-6945 Cabinet 3,
Drawer 1,
Location of Property: Page 172,
Deed Book A-36 Page 798 Sheet 148
84 2100227000 TT Lamar Advantage GP Company, LLC, R Cumberland
survivor after merger with Lamar County
Whiteco Outdoor Corporation, successor Recorder of
in interest to Chancellor Media Whiteco Deeds -
Outdoor Corporation Cabinet 3,
Kevin Reilly, CEO Drawer 1,
Page 172,
Mailing Address: Sheet 171
5551 Coporate Boulevard, Suite 2-A
Baton Rouge, LA 70808
Location of Property:
Deed Book 192 Page 702
Note: Owner is not the same as shown
on plan, due to merger.
r`
REMIS PROI. NO. 080153
COUNTY Cumberland
S.R. - SECTION 0015-006
AIUNICIPALITY Lower Allen Township
Page 2 of 4
TYPE OF TAKE TYPE OF DESCRIPTION
PT- Partial Take D- Deed Description
TT- Total Take P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
COMMONWEALTH OF PENNSYLVANIA
Rw.437 (1204) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
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
112 2100233000 PT Kim Company R Cumberland
(a Pennsylvania Corporation) County
Owner of Record Recorder of
Deeds -
Mailing Address: Cabinet 3,
Robert M. Mumma II, Vice President Drawer 1,
P. O. Box 58 Page 172,
Bowmansdale, PA 17008-0058 Sheets 61 and
205
Mumma Realty Associates
P. O. Box 390
Camp Hill, PA 17001-0390
Attn: Lisa M. Morgan, Esquire
(Reputed owner)
Residuary Trust Under the Will of
Robert M. Mumma, Deceased
c/o Lisa M. Morgan, Esquire
1140 North Ocean Boulevard
Gulf Stream, FL 33483-7230
(Reputed owner)
AS THEIR INTERESTS MAY
APPEAR
Location of Property:
Deed Book D-20 Page 566
C45fAPLAETt1
COMMONWEALTH OF PENNSYLVANIA
R W 457 (1104) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
REM IS PROD. NO. 080157
COUNTY Cumberland
S.R. - SECTION 0015.M
MUNICIPALITY Lower Allen Township
Page } Of A
TYPE OF TAKE TYPE OF DESCRIPTIOI
PT- Partial Take D- Deed Description
TT- Total Take 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
271 2100274000 PT Donald E. Slike and R Cumberland
Rose Marie Slike, His Wife County
Recorder of
Mailing Address: Deeds-
P.O. Box 292 Cabinet 3,
Camp Hill, PA 17001-0292 Drawer 1,
Page 172
Property Location: Sheet 197
Deed Book X-30 Page 746
272 2100275000 PT Jonathan E. Keough R Cumberland
County
Mailing Address: Recorder of
306 Hunter Path Road Deeds -
Hummelstown, PA 17036-2715 Cabinet 3,
Drawer 1,
Property Location: Page 172
Deed Book 190 Page 771 Sheet 198
2100275001 Donald E. Slike
(Tenant, owner of
improvements)
Mailing Address:
P.O. Box 292
Camp Hill, PA 17001-0292
AS THEIR INTERESTS MAY
APPEAR
W. .
6Z1Az) ` y
COMMONWEALTH OF PENNSYLVANIA
R W437 (17N4) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
REMIS PROL NO. 080157
COUNTY Cumberland
S.R. - SECTION 0015-006
MUNICIPALITY Lower Allen Township
Page g of g
TYPE OF TAKE TYPE OF DESCRIPTIO?
PT- Partial Take D- Deed Description
TT- Total Take 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
273 2100276000 PT HET Enterprises, LLC (a Pennsylvania R Cumberland
limited liability company) County
Recorder of
Mailing Address: Deeds -
Gary A. Hastings, President (Member) Cabinet 3,
1631 Bridge Street Drawer 1,
New Cumberland, PA 17070-1174 Page 172,
Sheet l93
Location of Property:
Deed Book 261 Page 760
?:.
' °,_S2
y CFr ? ..t
CP
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. 06-4505-CIVIL
CIVIL ACTION - EMINENT
DOMAIN PROCEEDING
IN REM
PRAECIPE FOR APPEARANCE
ON BEHALF OF CONDEMNEE/S
To: Curtis R. Long, Prothonotary
Please enter the appearance of the undersigned for the condemnee/s, or purported
condemnee/s Kim Company, Mumma Realty Associates and Residuary Trust U/W of Robert M.
Mumma, deceased, in the above-captioned Eminent Domain Proceeding.
Miller and Miller
B U r
G. Thomas Miller, Esquire
I.D. #07219
401 South 32nd Street
Camp Hill, PA 17011
(717) 920-5500
(717) 920-5503 (fax)
gthomasmiller@comcast.net
Date: September ;4), 2006
cc: Christopher J. Clements, Esquire
Assistant Counsel in Charge, R/W
Attorney for Condemnor
1
Certificate of Service
I hereby certify that on this date a true and correct copy of the within Praecipe for
Appearance on Behalf of Condemnee/s was served upon the following person(s) by United
States first-class mail, postage prepaid, addressed as follows:
Christopher J. Clements, Esquire
Assistant Counsel in Charge, R/W
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, PA 17105-8212
.rt
SeptembeQ?/, 2006
G. Thomas i ler, Esquire
C
n x
{ti
-0
./ ? !r
A
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. 06-4505 CIVIL TERM, 2006
: 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 September 22, 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.
Sworn to and subs ri before me
Not blic
My Commission Expires:
COMMONWEALTH Of- PENNSYLVANIA
Notarial Seal
Bernard J. Kametz, Notary Public
Camp Hill Boro, Cumberland County
My Commission Expires Apr. 7, 2007
Member, Pennsylvania Association of Notaries
District Ri f-Way Administrator
Page I of 4
COMMONWEALTH OF PENNSYLVANIA
RW-437 (12104) DEPARTMENT OF T%kNSPORTATION
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 TYPE OF DESCRIPTION
PT- Partial Take D- Deed Description
TT- Total Take P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
Office
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
27 2100201000 PT Harold F. Renshaw R Cumberland
County
Mailing Address: Recorder of
3803 Glenwood Avenue Deeds -
Camp Hill, PA 17011-6945 Cabinet 3,
Drawer 1,
Location of Property: Page 172,
Deed Book A-36 Page 798 Sheet 148
84 2100227000 TT Lamar Advantage GP Company, LLC, R Cumberland
survivor after merger with Lamar County
Whiteco Outdoor Corporation, successor Recorder of
in interest to Chancellor Media Whiteco Deeds-
Outdoor Corporation Cabinet 3,
Kevin Reilly, CEO Drawer 1,
Page 172,
Mailing Address: Sheet 171
5551 Coporate Boulevard, Suite 2-A
Baton Rouge, LA 70808
Location of Property:
Deed Book 192 Page 702
Note: Owner is not the same as shown
on plan, due to merger.
Page 2, of 4
COMMONWEALTH OF PENNSYLVANIA
R W •437 (12/04) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDENINED
(Declaration of Taking)
BEMIS PROD. NO. 080153
COUNTY Cumberland
S.R. - SECTION 0015.006
MUNICIPALITY Lower Allen Township
TYPE OF TAKE TYPE OF DESCRIPTION
PT- Partial Take D- Deed Description
TT- Total Take 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
112 2100233000 PT Kim Company R Cumberland
(a Pennsylvania Corporation) County
Owner of Record Recorder of
Deeds-
Mailing Address: Cabinet 3,
Robert M. Mumma II, Vice President Drawer 1,
P. O. Box 58 Page 172,
Bowmansdale, PA 17008-0058 Sheets 61 and
205
Mumma Realty Associates
P. O. Box 390
Camp Hill, PA 17001-0390
Attn: Lisa M. Morgan, Esquire
(Reputed owner)
Residuary Trust Under the Will of
Robert M. Mumma, Deceased
c/o Lisa M. Morgan, Esquire
1140 North Ocean Boulevard
Gulf Stream, FL 33483-7230
(Reputed owner)
AS THEIR INTERESTS MAY
APPEAR
Location of Property:
Deed Book D-20 Page 566
Page I of4
COMMONWEALTH OF PENNSYLVANIA
RW-437 (12/04) DEPARTMENT OF TRANSPORTATION
REMIS PROD. NO. 080153
COUNTY Cumberland
S.R. - SECTION 0015-006
MUNICIPALITY Lower Allen Township
OF DESCRI
PT- Partial Take D- Deed Description
TT- Total Take 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, lvlailing Address,
and Location of Condemned
Property Attached
Exhibit
Number
if an)
**Type of
Description
Plan (if any)
Recorded in
271 2100274000 PT Donald E. Slike and R Cumberland
Rose Marie Slike, His Wife County
Recorder of
Mailing Address: Deeds -
P.O. Box 292 Cabinet 3,
Camp Hill, PA 17001-0292 Drawer 1,
Page 172
Property Location: Sheet 197
Deed Book X-30 Page 746
272 2100275000 PT Jonathan E. Keough R Cumberland
County
Mailing Address: Recorder of
306 Hunter Path Road Deeds -
Hummelstown, PA 17036-2715 Cabinet 3,
Drawer 1,
Property Location: Page 172
Deed Book 190 Page 771 Sheet 193
2100275001 Donald E. Slike
(Tenant, owner of
improvements)
Mailing Address:
P.O. Box 292
Camp Hill, PA 17001-0292
AS THEIR INTERESTS MAY
APPEAR
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
TYPE OF TAKE TY
Page 4 of 4
COMMONWEALTH OF PENNSYLVANIA
Rw-437 (17104) DEPARTbIENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
BEMIS PRO). NO. 080153
COUNTY Cumberland
S.R. - SECTION 0015.006
MUNICIPALITY Lower Allen Township
TYPE OF TAKE TYPE OF DESCRIPTION
PT- Partial Take D- Deed Description
TT- Total Take P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
Office
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
273 2100276000 PT HET Enterprises, LLC (a Pennsylvania R Cumberland
limited liability company) County
Recorder of
Mailing Address: Deeds-
Gary A. Hastings, President (Member) Cabinet 3,
1631 Bridge Street Drawer 1,
New Cumberland, PA 17070-1174 Page 172,
Sheet 198
Location of Property:
Deed Book 261 Page 760
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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. 2100233000
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
NO. 06-4505-CIVIL
PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION
TO THE HONORABLE JUDGE OF 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 August 7, 2006, a Declaration of Taking was filed in the above-
captioned case by the Secretary of Transportation.
3. Although the condemnee listed on the attached Proposed Schedule of
Distribution was offered the full amount of the Commonwealth's estimated just
compensation as payment pro tanto of its right of way damage claim, without prejudice
to its right to proceed to a final determination of just compensation, the Commonwealth
has been unable to make payment because the claimant has not accepted estimated
just compensation.
4. A draft made payable to the Prothonotary of this. Court representing the
total amount of estimated just compensation due the condemnee and the
Commonwealth's pro-rata share of taxes on the subject property is attached.
5. I, Kelly E. Solomon, Assistant Counsel, affirm that I am authorized to
execute this Petition to Deposit Estimated Just Compensation on behalf of the
1
Commonwealth of Pennsylvania, Department of Transportation, and that the averments
contained and set forth in this Petition are true and correct to the best of my knowledge,
information and belief, and are subject to the penalties provided in 18 Pa.C.S.A. 4904,
relating to unsworn falsification to authorities.
WHEREFORE, to assure Petitioner's possession of the condemned property, if
required, to which it is entitled under Section 307 of the Eminent Domain Code of 2006,
as amended, 26 Pa.C.S. Section 307, Petitioner respectfully requests that the
Honorable Court direct payment of the 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 condemnee and/or interested parties entitled thereto pursuant to Section 307, 521
and/or 522 of the Eminent Domain Code, as applicable.
Respectfully submitted,
//11?/4 /ZI - - - ? ?
elly E. Sol mon
Assistant Counsel
Supreme Court I.D. No. 85714
Commonwealth of Pennsylvania
Department of Transportation
P.O. Box 8212
Harrisburg, PA 17105-8212
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CERTIFIED MAIL
COUNTY: Cumberland
S. R. 0015, SECTION 006
CLAIM NO. 2100233000
COURT DOCKET NO. 06-4505-CIVIL
SCHEDULE OF INTERESTED PARTIES NOTIFIED OF THE PRESENTATION TO
DEPOSIT ESTIMATED JUST COMPENSATION
NAMES AND ADDRESSES DATE RECEIVED CERTIFIED MAIL
Kim Company Certified Mail Number 7003 1680 0005 1267 0886
c/o Robert M. Mumma, 11, Vice President
P.O. Box 58 Received on January 8, 2007
Bowmansdale, PA 17008-0058
Mumma Realty Associates
P.O. Box 390
Camp Hill, PA 17001-0058
G. Thomas Miller, Esquire
Miller and Miller, Attorneys at Law
401 South 32nd Street
Camp Hill, PA 17011
Certified Mail Number 7003 1680 0005 1267 0879
Received on December 27, 2006
Certified Mail Number 7003 1680 0005 1267 0862
Received on December 21, 2006
e •
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. 2100233000
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
NO. 06-4505-CIVIL
SWORN STATEMENT AS TO NOTICE OF PRESENTATION OF PETITION TO
DEPOSIT ESTIMATED JUST COMPENSATION
I, Kelly E. Solomon, Assistant Counsel in the Right of Way Section, affirm that I
am authorized to execute this sworn statement on behalf of the 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 set forth in
18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
In compliance with Section 522 of the Eminent Domain Code of 2006, as
amended, condemnee and interested parties were notified of the Department's intent to
present this Petition to the Cumberland County Court of Common Pleas twenty days
after they received said notice. In addition to the notice, the parties received copies of
the Petition, the proposed Order and the Proposed Schedule of Distribution. The
names and addresses of the Condemnee and interested parties and the date and
manner of service are noted on the attached Schedule of Interested Parties Notified.
7:n sub 77??Kelly E. Solomon, Esquire
Supreme Court I.D. 85714
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, PA 17105-8212
cTj
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. 2100274000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
: NO. 06-4505 CIVIL TERM
PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION
TO THE HONORABLE JUDGE OF 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 August 7, 2006, the Secretary of Transportation filed a Declaration of
Taking in the above-captioned case.
3. Although the condemnees listed on the attached Proposed Schedule of
Distribution were offered the full amount of the Commonwealth's estimated just
compensation as payment pro tanto of their right of way damage claim, without
prejudice to their right to proceed to a final determination of just compensation, the
Commonwealth has been unable to make payment because the claimants have not
accepted estimated just compensation.
4. Attached is a draft made payable to the Prothonotary of this Court
representing the total amount of estimated just compensation due the condemnees and
the Commonwealth's pro-rata share of taxes on the subject property.
5. No fee shall be charged against these funds. 26 Pa.C.S. §522(b); City of
Pittsburgh v. Imler Supply Company, 471 A.2d 591 (Pa.Cmwlth. 1984).
1
6. I, Kelly E. Solomon, Assistant Counsel, affirm that I am authorized to
execute this Petition to Deposit Estimated Just Compensation on behalf of the
Commonwealth of Pennsylvania, Department of Transportation, and that the averments
contained and set forth in this Petition are true and correct to the best of my knowledge,
information and belief, and are made subject to the penalties provided in 18 Pa.C.S.A.
4904, relating to unsworn falsification to authorities.
WHEREFORE, to assure Petitioner's possession of the condemned property, if
required, to which it is entitled under Section 307 of the Eminent Domain Code of 2006,
as amended, 26 Pa.C.S. Section 307, Petitioner respectfully requests that the
Honorable Court direct payment of the 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 condemnees and/or interested parties entitled thereto pursuant to Section 307, 521
and/or 522 of the Eminent Domain Code, as applicable.
Respectfully submitted,
ZA L_1 /
z?
Kelly E. S lomon
Assistant Counsel
Supreme Court I.D. No. 85714
Commonwealth of Pennsylvania
Department of Transportation
P.O. Box 8212
Harrisburg, PA 17105-8212
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CERTIFIED MAIL
COUNTY: Cumberland
S.R. 0015, SECTION 006
CLAIM NO. 2100274000
COURT DOCKET NO. 06-4505 CIVIL TERM
SCHEDULE OF INTERESTED PARTIES NOTIFIED OF THE PRESENTATION TO
DEPOSIT ESTIMATED JUST COMPENSATION
NAMES AND ADDRESSES
Mark S. Silver, Esquire
JOSEPH A. KLEIN, P.C.
P.O. Box 1152
Harrisburg, PA 17108
DATE RECEIVED CERTIFIED MAIL
Certified Mail Number 7003 1680 0005 1267 1784
Received on February 6, 2007
Cumberland County Tax Claim Bureau
1 Courthouse Square Certified Mail Number 7003 1680 0005 1267 1791
Carlisle, PA 17013 Received on February 6, 2007
Bonnie K. Miller, Tax Collector Certified Mail Number 7003 1680 0005 1267 1807
Lower Allen Township
1993 Hummel Avenue Received on February 6, 2007
Camp Hill, PA 17011-5983
Ronald G. Baker
855 Center Avenue
Newville, PA 17241
Paul Tucker
617 South Mountain Road
Dillsburg, PA 17019
Certified Mail Number 7003 1680 0005 1267 1814
Received on February 9, 2007
Certified Mail Number 7003 1680 0005 1267 1821
Received on February 6, 2007
Lebanon Valley Farmers Bank Certified Mail Number 7003 1680 0005 1267 1838
(successor to Lebanon Valley National Bank)
555 Willow Street Received on February 6, 2007
Lebanon, PA 17042
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. 2100274000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
NO. 06-4505-CIVIL
SWORN STATEMENT AS TO NOTICE OF PRESENTATION OF PETITION TO
DEPOSIT ESTIMATED JUST COMPENSATION
I, Kelly E. Solomon, Assistant Counsel in the Right of Way Section, affirm that
am authorized to execute this sworn statement on behalf of the 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 set forth in
18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
In compliance with Section 522 of the Eminent Domain Code of 2006, as
amended, condemnee and interested parties were notified of the Department's intent to
present this Petition to the Cumberland County Court of Common Pleas twenty days
after they received said notice. In addition to the notice, the parties received copies of
the Petition, the proposed Order and the Proposed Schedule of Distribution. The
names and addresses of the Condemnee and interested parties and the date and
manner of service are noted on the attached Schedule of Interested Parties Notified.
Respectfully submitted,
Kelly E. Solomon, Esquire
Supreme Court I.D. 85714
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, PA 17105-8212
A FEB012001y?? y
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. 2100233000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
: NO. 06-4505-CIVIL
ORDER
AND NOW, this 2nciday of Fe- L. 2007, upon
presentation of the Petition to Deposit Estimated Just Compensation, it is ORDERED
and DIRECTED that the sum of $3,900.00, 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
condemnee 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, if
available. It is further ORDERED that the sum shall be held until further Order of Court
directing full or partial payment to the condemnee 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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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. 2100274000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
NO. 06-4505 CIVIL TERM
ORDER
AND NOW this 8t' day of March, 2007, following a conference with counsel for the
parties, the Court accepts the withdrawal by the Commonwealth of Pennsylvania,
Department of Transportation, of its Petition to Deposit. The Prothonotary is hereby
ORDERED and DIRECTED to return to the Commonwealth the original check in the
above-captioned claim number in the amount of $26,961.49, representing estimated
just compensation and the Commonwealth's pro rata share of real property taxes. The
Commonwealth, in turn, shall offer to pay the same promptly to the condemnees
pursuant to the provisions of the Eminent Domain Code, 26 Pa.C.S. §101 et seq.
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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. 2100274000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
: NO. 06-4505 CIVIL TERM
PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION
TO THE HONORABLE JUDGE OF 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 August 7, 2006, the Secretary of Transportation filed a Declaration of
Taking in the above-captioned case.
3. Although the condemnees listed on the attached Proposed Schedule of
Distribution were offered the full amount of the Commonwealth's estimated just
compensation as payment pro tanto of their right of way damage claim, without
prejudice to their right to proceed to a final determination of just compensation, the
Commonwealth has been unable to make payment because the claimants have not
accepted estimated just compensation.
4. Attached is a draft made payable to the Prothonotary of this Court
representing the total amount of estimated just compensation due the condemnees and
the Commonwealth's pro-rata share of taxes on the subject property.
5. No fee shall be charged against these funds. 26 Pa.C.S. §522(b); City of
Pittsburgh v. Imler Supply Company, 471 A.2d 591 (Pa.Cmwlth. 1984).
1
6. On March 8, 2007, following a conference with counsel for the parties, the
Honorable J. Wesley Oler, Jr. accepted the withdrawal by the Commonwealth of
Pennsylvania, Department of Transportation, of its original Petition to Deposit. The
Prothonotary was ordered and directed to return to the Commonwealth the original
check in the above-captioned claim number in the amount of $26,961.49, representing
estimated just compensation and the Commonwealth's pro rata share of real property
taxes. The Commonwealth, in turn, was ordered to offer to pay the same promptly to
the comdemnees pursuant to the provisions of the Eminent Domain Code, 26 Pa.C.S.
§101 et seq. This represents the only order entered at the above court term and
number on this claim.
7. Condemnees have been unable to obtain releases for the liens on the
attached Proposed Schedule of Distribution and the Commonwealth now resubmits its
Petition to Deposit Estimated Just Compensation.
8. Pursuant to §522 of the Eminent Domain Code, 26 Pa.C.S. §522, the
Commonwealth has given all required notices.
9. I, Kelly E. Solomon, Assistant Counsel, affirm that I am authorized to
execute this Petition to Deposit Estimated Just Compensation on behalf of the
Commonwealth of Pennsylvania, Department of Transportation, and that the averments
contained and set forth in this Petition are true and correct to the best of my knowledge,
information and belief, and are made subject to the penalties provided in 18 Pa.C.S.A.
4904, relating to unswom falsification to authorities.
WHEREFORE, to assure Petitioner's possession of the condemned property, if
required, to which it is entitled under Section 307 of the Eminent Domain Code of 2006,
2
as amended, 26 Pa.C.S. Section 307, Petitioner respectfully requests that the
Honorable Court direct payment of the 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 condemnees and/or interested parties entitled thereto pursuant to Section 307, 521
and/or 522 of the Eminent Domain Code, as applicable.
Respectfully submitted,
A /,- - ? -
Kelly E. Sol mon
Assistant Counsel
Supreme Court I.D. No. 85714
Commonwealth of Pennsylvania
Department of Transportation
P.O. Box 8212
Harrisburg, PA 17105-8212
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CERTIFIED MAIL
COUNTY: Cumberland
S.R. 0015, SECTION 006
CLAIM NO. 2100274000
COURT DOCKET NO. 06-4505 CIVIL TERM
SCHEDULE OF INTERESTED PARTIES NOTIFIED OF THE PRESENTATION TO
DEPOSIT ESTIMATED JUST COMPENSATION
NAMES AND ADDRESSES
Mark S. Silver, Esquire
JOSEPH A. KLEIN, P.C.
P.O. Box 1152
Harrisburg, PA 17108
DATE RECEIVED CERTIFIED MAIL
Certified Mail Number 7003 1680 0005 1267 1784
Received on February 6, 2007
Cumberland County Tax Claim Bureau
1 Courthouse Square Certified Mail Number 7003 1680 0005 1267 1791
Carlisle, PA 17013 Received on February 6, 2007
Bonnie K. Miller, Tax Collector Certified Mail Number 7003 1680 0005 1267 1807
Lower Allen Township
1993 Hummel Avenue Received on February 6, 2007
Camp Hill, PA 17011-5983
Ronald G. Baker
855 Center Avenue
Newville, PA 17241
Paul Tucker
617 South Mountain Road
Dillsburg, PA 17019
Certified Mail Number 7003 1680 0005 1267 1814
Received on February 9, 2007
Certified Mail Number 7003 1680 0005 1267 1821
Received on February 6, 2007
Lebanon Valley Farmers Bank Certified Mail Number 7003 1680 0005 1267 1838
(successor to Lebanon Valley National Bank)
555 Willow Street Received on February 6, 2007
Lebanon, PA 17042
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. 2100274000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
NO. 06-4505-CIVIL
SWORN STATEMENT AS TO NOTICE OF PRESENTATION OF PETITION TO
DEPOSIT ESTIMATED JUST COMPENSATION
I, Kelly E. Solomon, Assistant Counsel in the Right of Way Section, affirm that I
am authorized to execute this sworn statement on behalf of the 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 set forth in
18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
In compliance with Section 522 of the Eminent Domain Code of 2006, as
amended, condemnee and interested parties were notified of the Department's intent to
present this Petition to the Cumberland County Court of Common Pleas twenty days
after they received said notice. In addition to the notice, the parties received copies of
the Petition, the proposed Order and the Proposed Schedule of Distribution. The
names and addresses of the Condemnee and interested parties and the date and
manner of service are noted on the attached Schedule of Interested Parties Notified.
Respec#fully submitted,
Kelly E. Solomon, Esquire
Supreme Court I.D. 85714
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, PA 17105-8212
Cl)
Cn
J
CID ^?
0
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. 2100274000
APR 03 2007 Q?
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
: NO. 06-4505 CIVIL TERM
ORDER
AND NOW, this 5< day of o f , 2007, upon
presentation of the Petition to Deposit Estimated Just Compensation, it is ORDERED
and DIRECTED that the sum of $26,961.49, 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, if
available. No fee shall be charged against these funds. It is further ORDERED that the
sum shall be held until further Order of Court directing full or partial payment to the
condemnee 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
f.
and/or 522, as applicable:
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CHECK NUMBER
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WILKES-BARRE, PA °
b VERIFICATION AVAILABLE- "POSITIVE PAY" PROTECTED DATE
ONLY N
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TO THE ORDER OF VOID AFTER 180 DAYS
$w*'*?"`26 9G149
o DONALD E SLIKE & ROSE MARIE SLIKE
n OR PROTHONOTARY OF CUMBERLAND
COUNT
PO BOX 8212 1
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I
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
DONALD E. SLIKE AND ROSE
MARIE SLIKE
Condemnees/Peddoners
Claim No.: 21000274000
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 06-4505 CIVIL TERM
EMINENT DOMAIN PROCEEDINGS
IN REM
PETITION TO PAY DEPOSIT
OF ESTIMATED JUST COMPENSATION TO CONDEMNEES
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, come your Petitioners/Condemnees Donald E. Slike and Rose Marie Slike
(hereinafter "Petitioners" or "Shke") by and through their attorneys, Joseph A. Klein, P.C., and
Petition this Court as follows:
1. Your Petitioners, Condemnees, are Donald E. Slike and Rose Marie Slice, with a
mailing address of P.O. Box 292, Camp Hill, Pennsylvania 17011-0292, who are the owners in fee
simple of certain improved commercial land situate at 3619 Simpson Ferry Road, Lower Allen
Township, Cumberland County, Pennsylvania (hereinafter "Subject Property"), a portion of which is
the subject of a Declaration of Taking filed by the Commonwealth of Pennsylvania, Department of
Transportation (hereinafter "Penn DOT") on or about August 7, 2006, to the above Term and
Number.
2. Pursuant to the April 3, 2007, Order of this Honorable Court, on or about April 3,
2007, Penn DOT deposited the sum of $26,961.49 with the Office ofthe Prothonotary ofCumberland
County, Pennsylvania, as its Estimate of Just Compensation due Condemnees Donald E. Slike and
Rose Marie Shke for the partial taking of their above-described improved real property. A copy of
said Order is attached hereto as Exhibit "A", incorporated herein by reference.
3. As o f the date of condemnation (August 7, 2006) the following mortgage lien in favor
of Fulton Financial Corporation, Successor-In Interest to Lebanon Valley Farmer's Bank, Successor-
In Interest to Lebanon Valley National Bank, Mortgagee, and relating to the Subject Property had
been filed of record in the Office of Recorder of Deeds of Cumberland County, Pennsylvania, on May
12, 1989, in Mortgage Book 938, Page 918.
4. The aforesaid Mortgage Lien of Fulton Financial Corporation has been satisfied in full
in accordance with the Mortgage Satisfaction piece recorded August 6, 2007, a true and correct copy
of which is attached hereto as Exhibit "B" and incorporated herein by reference.
5. As of the date of condemnation (August 7, 2006) there were Cumberland County,
Lower Allen Township, and West Shore School District Real Estate Taxes due and owing on the
Subject Property for the year 2005, all of which have been paid in full as confirmed by the attached
"Receipt" from the Tax Claim Bureau of Cumberland County, dated December 20, 2006, that
confirms the payment in full on that date of all taxes, penalties, and interest for Tax Year 2005. A
true and correct copy of said tax Receipt for Tax Year 2005 is attached hereto as Exhibit "C", and
incorporated herein by reference.
6. As of the date of condemnation (August 7, 2006) there were Cumberland County,
Lower Allen Township, and West Shore School District Real Estate Taxes due and owing on the
Subject Property for the year 2006, all of which have been paid in full as confirmed by the attached
"Receipt" from the Tax Claim Bureau of Cumberland County, dated August 22, 2007, that confirms
the payment in full on that date of all taxes, penalties, and interest for Tax Year 2006. A true and
correct copy of the aforesaid tax Receipt for Tax Year 2006 is attached hereto as Exhibit "D", and
incorporated herein by reference.
7. As of the date of condemnation (August 7, 2006) there was a judgment entered in
favor of Plaintiff Ronald G. Baker in his action filed against Defendant therein Donald E. Slike,
Convenience Distributors, at Docket No. 1996-04171 in the Court of Common Pleas of Cumberland
County, Pennsylvania. In accordance with the attached Notice of Payment in Full and Satisfaction of
the same dated April 29, 2008, the payment in full of said judgment and satisfaction of the same is
confirmed, which "Notice' also contains the note: "... satisfaction thereof shall be entered upon the
records". Said Authorization and Power of Attorney directing the Prothonotary of Cumberland
County to enter a full satisfaction upon the record is signed by counsel on behalf of Plaintiff; the same
having been stamped by the Prothonotary's Office of Cumberland County on or about said date. A
true and correct copy ofthe aforesaid Receipt and Satisfaction is attached hereto as Exhibit "E", and
incorporated herein by reference.
8. As of the date of condemnation (August 7, 2006) there was a judgment entered in a
Mechanic's Lien Claim docketed in the Court of Common Pleas of Cumberland County,
Pennsylvania, to No. 03-4247 (Paul Tucker, d/b/a Paul Tucker Carpentry, Claimant vs. Donald E.
Slike and Frank Roberto, Respondents) in the amount of $19,701.75. Paragraphs 2, 3, 4, 5, 6, 7, 11,
14, 15, 17 and 18, of the Mechanic's Lien Claim confirm that said claim has only to do with real
estate owned by Donald E. Slike at 1111 Spring Road, Carlisle, Pennsylvania, and has nothing to do,
whatsoever, with any work that may have been accomplished by Claimant therein at any property
other than the said 1111 Spring Road, Carlisle, Pennsylvania, and to be certain, has nothing to,
whatsoever, with the Subject Property situate at 3619 Simpson Ferry Road, Lower Allen Township,
Cumberland County, Pennsylvania, as said Claimant (Tucker) therein accomplished no carpentry
work or other work, whatsoever, at the Subject Property.
As a result, said judgment entered as a Mechanic's Lien on specific property at 1111 Spring
Road, only, has no relevance to nor is the same effective with respect to the Subject Property (situate
at 3619 Simpson Ferry Road, and on which Paul Tucker, d/b/a Paul Tucker Carpentry, performed no
carpentry, or any other work whatsoever).
A true and correct copy of the said Mechanic's Lien Claim cited above is attached hereto,
labeled cumulatively as Exhibit "F", and is incorporated herein by reference.
9. The Commonwealth's "Proposed Schedule of Distribution" of its Estimated Just
Compensation on Deposit with the Prothonotary of Cumberland County, Pennsylvania, listed all of
the above-referenced tax claims, mortgage lien, and judgments as requiring payment, satisfaction, or
discharge as a prerequisite to distribution of damages in accordance with Sections 521 and 522 ofthe
Pennsylvania Eminent Domain Code, 26 Pa. C.S.A. §§ 521, 522.
A copy of the Commonwealth's Proposed Schedule of Distribution and to which this
paragraph makes reference is attached hereto as Exhibit "G", and incorporated herein by reference.
10. All of the claims, liens, and judgments set forth on the Commonwealth's Proposed
Schedule of Distribution (Exhibit "G") have been either paid, satisfied and discharged or in the case of
the Tucker matter (Paragraph 8, above) are irrelevant to and do not attach to the instant Subject
Property.
11. As a result of all of the foregoing, Petitioners Donald E. Slike and Rose Marie Slike,
husband and wife, wish to withdraw from the Office of the Prothonotary said Deposit of Estimated
Just Compensation.
12. Condemnor Penn DOT has no objection to Condemnees' Donald E. Slice and Rose
Marie Slice's withdrawal of said Deposit of Estimated Just Compensation as it takes no position
concerning the same.
WHEREFORE, your Petitioners pray this Honorable Court to direct the Prothonotary of
Cumberland County to pay to Petitioners Donald E. Shke and Rose Marie Slice, Condemnor Penn
DOT's Deposit of Estimated Just Compensation in the amount of $26,961.49, phis any applicable
interest thereon that has accumulated since said amount was placed on deposit with the Prothonotary.
Respectfully submitted,
JOSEPH A. KLEIN, P.C.
T
t
By.
Mark S. Silver, Esquire
I.D. No. 09825
500 North Third Street, 7th Floor
P.O. Box 1152
Harrisburg, PA 17108-1152
(717) 233-0132
Attorneys for Donald E. Slike and Rose Marie Slike,
Condemnees
Date: February "),-, 2009
? APR of zoos ? rY
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. 2100274000
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
: EMINENT DOMAIN PROCEEDINGS
IN REM
: NO. 06-4505 CIVIL TERM
ORDER
AND NOW, this-Uday of 2007, upon
presentation of the Petition to Deposit Estimated Just Compensation, it is ORDERED
and DIRECTED that the sum . of $26,961.49, 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, if
available. No fee shall be charged against these funds. It is further ORDERED that the
sum shall be held until further Order of Court directing full or partial payment to the
condemnee 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.
TRUE COPY FROM RECORD
In Testimony whereof, I h: re unto set my hand
and the seal of said Court at Carli e, Pa.
This ............. day of.. .........,?7
................. . ......:.. ?n . . «..«
Prothonota
BY THE COURT:
C:EC-E= E=??- 10:077A FFDM: DE'= ASSOCIATES 717-761-0330 T0:2332516 F.6
-`
R
r, '3:RT P, ZIE?L ? R
'?LcCRDEF, 'OFGpF?
MORTGAGE SATISFACTION r. , t , "'R
x'',.10 0 `j
i; 6 PM 3 07
Made this ?h of August, 2007 2007 PU
NAME OF MORTGAGOR: Donald E. Slike and Rose Marie Slike
NAME OF MORTGAGEE: Fulton Financial Corporation, Successor-
in-Interest to Lebanon Valley National
Bank
DATE OF MORTGAGE: May 12, 1989
ORIGINAL MORTGAGE DEBT: $5,600,000.00
Mortgage recorded on or about May 15, 1989, in the Office of the Recorder of Deeds in
and for Cumberland County, Pennsylvania, in Record Book 0938, Page 918.
Brief description or statement of location of mortgaged premises: All those certain tracts
or parcels of land more particularly bounded and described in the above-referenced Mortgage.
The undersigned, the Mortgagee, hereby certifies that the debt secured by the above
referenced Mortgagee has been fully paid or otherwise discharged and that upon the recording
hc,rcof the above-mentioned Mortgage shall be and is hereby fully and forever satisfied and
discharged.
The undersigned hereby authorizes and empowers the Recorder of said County to enter
this Satisfaction piece and to cause said Mortgage to be satisfied of record.
EXHIBIT
OCT-1?-2006 03:21 PM DESAssaaiates 717 761 0330 P.02
D9:25:28 s.m. 08-13.2008 1 !1
717 238 480® Cunningham end Choni
Fiuo It 800E! 3:17PM Hr LFISKRJET 3800
FuUON FiNANCiAL-
CORPORATION Ra am Q87 - LANCASTER, PENNSYLVANIA 17604
(717) 1014AS2
AUPO 91 XW
RdW E. Cberim4
n afti ck«rtdoa . P.C.
P. O. Ba GW37
Hud* M PA 171"37
Re; Doasld S. MW Im Marie 31 ka
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.& am poadam mWinnt dw eit d&t awed to LAWM V9W Na IDW Beak Of
Pnkon 8eok by L omm ad Ron >we BMW b" been pdd iu hu.
Tbc Um of "owd will be 11*AW whm the piWW dnaucwOdoa IN P for
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DEC-22-2000 10: 07q 7R01,1: DES gSSOCIATES 717-761-0330 TO 2332516
BRUCE BARCi AY
CHAIRMAN
GARY EICHELSERGER
VICE CHAIRMAN i
RICHARD ROVEGNO
TAX CLAIM BUREAU OF CUMBERLAND COUNTY
SECRETARY One Courthouse Square, Carlisle, PA 17013-3389
Balance Due As Of 12/20/2006
Claim Balance: .00
Printed: 12/19/06 (717) 240-6366 Receipt No.: 52665
15:58:26 Receipt Date: 12/20/2006
Cont rol Number: 134001727 **** RECEIPT **** Page: 1
Property Description:
SLIKE, DONALD & ROSE MARIE
PO BOX 292 LAND APPROX 2 ACRES
CAMP HILL PA 11001-0292 Commercial - General
Situs Information:
3619 SIMPSON FERRY ROAD
Map No; 13-23-0553-001A LOWER ALLEN TOWNSHIP
&
I
r
Year Description Face Costs
n e
est Total
2005 CTY-LOWER ALLEN TWP 1177.12 214.84 1391.96
2005 CLB-LOWER ALLEI,T TWP 105.62 19.25 124.87
2005 MUN-LOWER ALLEN 821.52 149.91 971.43
2005 DEBT SER-LOWER ALLEN 293.40 53.54 346.94
2005 SCH-WEST SHORE 5633.28 1028.08 6661.36
2005 BUREAU COSTS 20.00 20.00
Received For Year Of 2005 $9516.56
Total Received $9516.56
Tendered >
Received By >
Paid By >
Remarks >
CHECK
MM
SLIKE, DONALD E
CK# 4246524981
P.4
JOHN BYRNE
CHIEF OPERATIONS OFFICER
EDWARD SCHORPP
SOLICITOR
STEPHEN D. TILEY
ASSISTANT SOLICITOR
EXHIBIT
Receipt Number:
52665
Total Received: $9516.56
MELISSA F. MIXELL
DIRECTOR
STEPHEN D.TILEY
ASSISTANT SOLICITOR
TAX CLAIM BUREAU OF CUMBERLAND COUNTY
One Courthouse Square, Carlisle, PA 1 70 1 3-3389
(717) 240-6366
Reprinted:12/22/08 C Receipt No.: 57261
16:01:50 Receipt Date: 8/22/2007
Control Number: 13-001727 **** RECEIPT **** Page: 1
Property Description:
SLIKE DONALD E & ROSE MARIE
PO B0k 292 LAND APPROX 2 ACRES
CAMP HILL PA 17001-0292 Commercial - General
Situs Information:
3619 SIMPSON FERRY ROAD
Map No: 13-23-0553-001A LOWER ALLEN TOWNSHIP
Tax -Year Description Face Interest& Costs Total
2006 CTY-LOWER ALLEN TWP 1289.20 196.61 1485.81
2006 CLB-LOWER ALLEN TWP 105.62 16.09 121.71
2006 MUN-LOWER ALLEN 821.52 125.27 946.79
2006 DEBT SER-LOWER ALLEN 293.40 44.74 338.14
2006 SCH-WEST SHORE 5809.32 885.92 15.00 6695.24
2006 BUREAU COSTS 5.25 5.25
Received For Year Of 2006 $9607.94
Total Received $9607.94
Tendered > CHECK
Received By > MM
Paid By > DLT PROPERTY MGMT, LLC
Remarks >
Balance Due As Of 8/22/2007
Claim Balance: .00
EXHIBIT
Receipt Number: 57261 Total Received: $9607.94
Plaintiff
V.
Defendant
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Judgment in favor of Plainti on '
I the amount of
Ronald G. Baker, Plaintiff.in the above Judgment, appears by his attorney. Edgar
R. Luhn III, Esquire, and acknowledged that on 9 9 9faintlff
received payment for services rendered, and that on - attorney
-77
for Plaintiff received payment for costs of suit, received from the defendant in the above
Judgment, full payment and satisfaction of the same, with interest and costs, and desired
that satisfaction thereshall be entered upon the records thereof.
And further, Plaintiff does hereby authorize and empower the Prothonotary of the
Court of Common Pleas of Cumberland County to enter full satisfaction upon the record
of said Judgment, as fully and effectually, to all intents and purposes, as Plaintiff could were
he personally present in person to do so. And for so doing this shall be sufficient warrant
of authority.
EdgaM. Luh III- - L r-
Supre e C Art 10 72666
Law O of Edgar R. Luhn III
480 Doubling Gap Road
Newville, Pennsylvania 17241
EXHIBIT
0
ANDUw W. BA=N, Bsquntic
Attorney I.D. 43571
ANDREW W. BAestty. P.C.
5020 Ritter Rod. Suite 109
Mechnt 06ff& PA 17055
717-5064670
AMMey for Claimant
Paul Tucker
PAUL TUCKER :
d/b/a Paul Tucker Carpentry : IN THE COURT OF COMMON PLEAS
671 South Mountain Road : CUMBERLAND COUNTY, PENNSYLVANIA
Dillsburg, PA 17019
Claimant :
V. NO. D3- yayl
DONALD E. SLIKE
dWa DES Associates
PO Box 292
Camp Hill, PA 17011
An
FRANK ROBERTO
d/b/a The Hop
1111 Spring Road
Carlisle, PA 17013 :
Respondents ;
MECHANICS LIEN CLAIM
Paul Tucker, by and through counsel, Andrew W. Barbin, P.C., hereby files this
Mechanics Lien Claim,pursuant to 49 P.S. § 1503, based upon the following:
The Parties
I. Paul Tucker is an adult male citizen of Pennsylvania who provided services as a
Contractor, and sole proprietor.
2. Frank Roberto, is an adult male citizen, who contracted for services from (Tucker)
as business owner and tenant of the property known as "the Hop" at 1111 Spring Road, Carlisle,
PA.
3. Donald E. Slike, d/b/a DES Associates, PO Box 292, Camp Hill, PA 17011, is
the record owner of the property at 1111 Spring Road, Carlisle, PA.
EXHIBIT
PA.
4. The lien is asserted against the leasehold and fee at 1111 Spring Road, Carlisle,
Facts Upon Which Lien Is Asserted
5. The property which is subject to the lien is known as 1111 Spring Road, Carlisle,
PA 17013.
6. Roberto leased the premises from Slike at 1111 Spring Road, Carlisle, PA.
7. Roberto contracted with Roberto to provide improvements to the property at 1111
Spring Road, Carlisle, PA.
8. It is believed and averred that the improvements were acknowledged to be at the
authorization of and for the benefit of the owner Slike under the terms of the lease, but no copy
of the lease has been provided to Tucker, and it remains in the possession of Roberto and Slike.
9. Donald Slike leased said premises to Frank Roberto for use as a restaurant.
Donald Slike approved of the improvements both implicitly and explicitly. The improvements
were necessary for the use of the premises as a restaurant. They were for the immediate benefit
and use of Donald Slike.
10. Tucker performed the contract diligently and in a workmanlike manner by himself
and through subcontractors and material men.
11. Roberto orally contracted with Paul Tucker for the improvements. Roberto made
several payments during construction of the improvements, but refused to pay the remaining
portion of his bill after the work was completed.
12. The last date on which services and materials were supplied was April 30, 2003.
13. The work was completed and a final invoice was issued.
14. Roberto has refused to pay for services or materials.
2
15. Tucker files this claim as a contractor.
16. Attached hereto is a copy of the account statement with breakdown of related
charges. Original invoices and receipts are available but not attached because they are
voluminous.
17. The amount due is Nineteen Thousand Seven Hundred One Dollars and Seventy-
Five Cents ($19,701.75).
18. The improvement and property claimed to be the subject to the lien are "The
Hop" restaurant including the building, fixtures and adjoining parking located at 1111 Spring
Road, Carlisle, PA.
Respectfully
-M' / d?w W. Barbin
A .D. #43571
AN DREW W. BAMIN, P.C.
5020 Ritter Road, Suite 109
Mechanicsburg, PA 17055
(717) 506-4670
Counsel for Claimant
DATED: ATE 2$x,2003
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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
DONALD E. SLIKE AND ROSE
MARIE SLIKE
Condemnees/Ped oners
Claim No.: 21000274000
I, Mark S. Silver, Esquire of the Law Office of Joseph A. Klein, P.C., hereby affirm that I
VERIFICATION
am counsel for Condemnees/Petitioners Donald E. Slike and Rose Marie Slike, and that the facts
set forth in the foregoing Petition to Pay Deposit of Estimated Just Compensation to Petitioners
are true and correct to the best of my knowledge, information and belief and that false statements
herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn
falsification to authorities.
) "L , E)0\
Date
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 064505 CIVIL TERM
EMINENT DOMAIN PROCEEDINGS
IN REM
Mark S. Silver, Esquire
IN RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS OF
COMMONWEALTH OF PENNSYLVANIA : CUMBERLAND COUNTY, 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. 064505 CIVIL TERM
EMINENT DOMAIN PROCEEDINGS
IN REM
DONALD E. SLIKE AND ROSE
MARIE SLIKE
CondemnemlPeeidoners
Claim No.: 21000274000
CERTFICATE OF SERVICE
I, Mark S. Silver, Esquire, attorney for Condemnees, do hereby certify that on this date I served the
foregoing PETITION TO PAY DEPOSIT OF ESTIMATED JUST COMPENSATION TO
PETITIONERS by having placed a true and correct copy of same in the United States Mail, postage prepaid,
deposited at Harrisburg, Pennsylvania, addressed to counsel for Condemnor Commonwealth of Pennsylvania,
Department of Transportation, and to all named mortgagees, taxing authorities and judgment holders as listed in
the body of the within Petition, 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 Condemnor
Kelly E. Solomon, Esquire
Assistant Counsel
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, PA 17105-8212
Attorney for Condemnor
Tax Claim Bureau of Cumberland County
One Courthouse Square
Carlisle, PA 17013-3389
Bonnie K. Miller, Tax Collector
Lower Allen Township
2233 Gettysburg Road
Camp Hill, PA 17011-5983
Ronald G. Baker
855 Center Road
Newville, PA 17241
Edgar R. Luhn, III, Esquire
480 Doubling Gap Road
Newville, PA 17241
Attorney for Ronald G. Baker
Andrew W. Barbin, Esqurie
502 Ritter Road, Suite 109
Mechanicsburg, PA 17055
Attorney for Paul Tucker, d/b/a Paul Tucker Carpentry
Date: February )- , 2009
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
DONALD E. SLIKE AND ROSE
MARIE SLIKE
Condemnees/Peddoners
Claim No.: 21000274000
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 064505 CIVIL TERM
EMINENT DOMAIN PROCEEDINGS
IN REM
CERTFICATE OF SERVICE (CONT.)
Clint M. Miller
Senior Vice President
Fulton Financial Corporation
P.O. Box 4887
Lancaster, PA 17604
Robert E. Chernicoll; Esquire
Cunningham & Chernicof? P.C.
P.O. Box 60457
Harrisburg, PA 17106-0457
Respectfully submitted,
JOSEPH A. KLEIN, P.C.
By: (&a I/
Mark S. Silver, Esquire
I.D. No. 09825
500 North Third Street, 7th Floor
P.O. Box 1152
Harrisburg, PA 17108-1152
(717) 233-0132
Attorneys for Donald E. Slike and Rose Marie Sluice,
Condemnees
Date: February 1V-, 2009
N
?„ co m
=4 j
FEB 0 b 2009
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
DONALD E. SLIKE AND ROSE
MARIE SLIKE
Condemnees/Ped oners
Claim No.: 21000274000
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 064505 CIVIL TERM
EMINENT DOMAIN PROCEEDINGS
IN REM
ORDER
AND NOW, this day of February, 2009, upon consideration ofthe foregoing Petition
to Pay Deposit of Estimated Just Compensation to Petitioners, and in accordance with Sections 521
and 522 of the Eminent Domain Code, 26 Pa. C.S.A. §§ 521, 522, the Court hereby directs the
Prothonotary of Cumberland County to pay the Estimated Just Compensation on deposit in the
amount of $26,961.49, plus any applicable interest, to Donald E. Slike and Rose Marie Slike,
Condemnees.
By the Court:
P,
'? , ) ), , J.
Distribution: Prothonotary of Cumberland Co ty
Mark S. Silver, Esquire
Oristopher J. Clements, Esquire
?lly E. Solomon, Esquire
x Claim Bureau of Cumberland County
?dgar R. Luhn, III, Esquire
Bdnnie K, Miller, Tax Collector
onald G. Baker
,..,&drew W. Barbin, Esquire
lint M. Miller, Senior Vice President
Bert . Chernicoi? Esquire
?n A l d 10
r c,j
V Z
Q C ? „?
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?
IN RE: CONDEMNATION BY THE
COMMONWEALTH DEPARTMENT OF
TRANSPORTATION OF RIGHT OF
WAY FOR STATE ROUTF. 0015,
SECTION 006, A LIMITED ACCESS
HIGHWAY IN THE TOWNSHIP OF
UPPER ALLEN
Claim No. 2100233000
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FMIN'FNT DOMAIN
IN REM
: No. 06-4505-CIVIL
PRAECIPE FOR ENTRY AND WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Keefer Wood Allen & Rahal, LLP by Donald M. Lewis III
on behalf of condemnees Mumma Realty Associates and Residuary Trust U/W Robert M.
Mumma, deceased only.
KEEFER WOOD ALLEN & RAHAL, LLP
Dated: September /8, 2009
By
?So lwis III
V 210 Walnut Street
P. O. Box 11963
Harrisburg, PA 17108-1963
717-255-8038
Please withdraw the appearance of Miller & Miller, P.C. by G. Thomas Miller on behalf
of condemnees Mumma Realty Associates and Residuary Trust U/W Robert M. Mumma,
deceased only.
Dated: September T , 2009
MILLER & MILLER, P.C.
l ?.
By
G. Thomas Miller
Miller & Miller, P.C.
One South York Road
Dillsburg, PA 17019
717-620-8988
-2-
CERTIFICATE OF SERVICE
I, Donald M. Lewis III, Esquire, one of the attorneys for condemnees Mumma Realty
Associates and Residuary Trust U/W Robert M. Mumma, hereby certify that I have served the
foregoing paper upon counsel of record this date by depositing a true and correct copy of the
same in the United States mail, first-class postage prepaid, addressed as follows:
Kim Company c/o
Robert M. Mumma II
P. O. Box 58
Bowmansdale, PA 17008-0058
William J. Cressler, Esquire
Office of Chief Counsel
Commonwealth of Pennsylvania
Department of Transportation
P.O. Box 8212
Harrisburg, PA 17105-8212
G. Thomas Miller, Esquire
Miller & Miller, P.C.
One South York Road
Dillsburg, PA 17019
KEEFER WOOD ALLEN & RAHAL, LLP
By
Lewis III
Dated: September JF
,2009
2??9SD" 2f ? 2? 2
of `1: ,y Y
F if
> , ..'
Tv,, 1
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
GOVERNOR'S OFFICE OF GENERAL COUNSEL
Eric J. Jackson, Assistant Counsel
??'?-??
Right of Way Section
Supreme Court I.D. #93585
P. O. Box 8212
HARRISBURG, PENNSYLVANIA 17105-8212
(717) 787-3128
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL ACTION -- LAW
MUMMA REALTY ASSOCIATES, INC,
Plaintiffs No. 06-4505
c.
COMMONWEALTH OF PENNSYLVANIA, EMINENT DOMAIN
DEPARTMENT OF TRANSPORTATION, PROCEEDINGS -- IN REM
Defendant
TO THE PROTHONOTARY:
PRAECIPE
Kindly enter my appearance on behalf of the condemnor, Commonwealth of Pennsylvania,
Department of Transportation, the defendant in the above-captioned matter.
OFFICE OF CHIEF COUNSEL
By: '1640d, vofm?
Eric J. c n, Esq.
Attorney for the Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
MUMMA REALTY ASSOCIATES, INC,
Plaintiffs
V.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
Defendant
CIVIL ACTION -- LAW
No. 06-4505
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:vwm
BY FIRST CLASS :MAIL:
Donald M. Lewis, III, Esquire
KEEFER WOOD ALLEN & RAHAL, LLP
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
Respectfully submitted,
OUNSEL
OFFICE OF C7,?WO
By: Eric J. Ja s
Assistant Counsel
Attorney for the Defendant
Dated: February 3. 2012
KEEFER WOOD ALLEN & RAHAL, LLP
Donald M. Lewis III, Esquire
Attorney I.D. No. 58510
210 Walnut Street, P. O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8038
dlewis@keeferwood.com
IN RE: CONDEMNATION BY THE
COMMONWEALTH DEPARTMENT OF
TRANSPORTATION OF RIGHT OF WAY
FOR STATE ROUTE 0015, SECTION 006,
A LIMITED ACCESS HIGHWAY IN THE
TOWNSHIP OF UPPER ALLEN
Claim No. 2100233000
MUMMA REALTY ASSOCIATES,
Condemnee/Petitioner
V.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION; and ROBERT M.
MUMMA, II,
Respondents
Attorneys for petitioner Mumma Realty Associates
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EMINENT DOMAIN
IN REM
No. 06-4505-CIVIL
-aa
cn I :7JC
AMENDED CERTIFICATE OF SERVICE
RE: PETITION FOR APPOINTMENT OF BOARD OF VIEW
The undersigned, Donald M. Lewis III, Esquire, one of the attorneys for petitioner
Mumma Realty Associates, hereby certifies that on February 6, 2012, he served a true and correct
copy of petitioner's petition for appointment of board of view upon respondent Robert M.
Mumma, II, as follows:
Robert M. Mumma II
P. O. Box F
Grantham, PA 17027-0906
KEEFER WOOD ALLEN & RAHAL, LLP
Dated: February 6, 2012 By
on Is III
-.r
CERTIFICATE OF SERVICE
I, Donald M. Lewis III, Esquire, one of the attorneys for petitioner, hereby certify that I
have served the foregoing paper upon counsel and party of record this date by depositing true and
correct copies of the same in the United States mail, first-class postage prepaid, addressed as
follows:
Eric J. Jackson, Esquire
Governor's Office of General Counsel
PA Department of Transportation
P. O. Box 8212
Harrisburg, PA 17105-8212
Robert M. Mumma II
P. O. Box F
Grantham, PA 17027-0906
KEEFER WOOD ALLEN & RAHAL, LLP
By
nald M. Lewis III
Dated: February 6, 2012
IN RE: CONDEMNATION BY THE
COMMONWEALTH DEPARTMENT OF
TRANSPORTATION OF RIGHT OF WAY
FOR STATE ROUTE 0015, SECTION 006,
A LIMITED ACCESS HIGHWAY IN THE
TOWNSHIP OF UPPER ALLEN
Claim No. 2100233000
MUMMA REALTY ASSOCIATES,
Condemnee/Petitioner
V.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION; and ROBERT M.
MUMMA, 11,
Respondents
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EMINENT DOMAIN
IN REM
: No. 06-4505-CIVIL
ORDER
AND NOW, this l 6 ?, day of, 2012, upon consideration of the
Petition for .Appointment of a Board of View by Mumma Realty Associates, IT IS HEREBY
ORDERED that the petition is GRANTED, as follows:
1. The Court appoints:
name)
(name)
I? . 6, a ?? 52v*g r' (name)
as a Board of View to ascertain the total amount of just compensation and damages due with
respect to the above-referenced Claim No. 2100233000, to determine whether Kim Company has
any interest in the subject Real Estate and if not, to award the entire amount to Mumma Realty
Associates as the sole and exclusive owner of the property.
N
2. The Court further directs that all sums previously deposited by the
Commonwealth, Department of Transportation, as estimated just compensation for the taking of
the subject Real Estate be distributed to the owner as determined by the Court and/or Board of
View, without prejudice to the determination by the Board of the total amount of just
compensation and damages owed for the taking.
3. Upon conclusion of the foregoing proceedings the Court will entertain a request
by the owner for an award of its reasonable appraisal, attorney and engineering fees; along with
compensation for delay.
BY THE COURT:
i
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CUMBERLAND Gut-n -
PENNSYLVANIA
IN RE: CONDEMNATION BY THE,
COMMONWEALTH DEPARTMENT OF
TRANSPORTATION OF RIGHT OF WAY
FOR STATE ROUTE 0015, SECTION 006
A LIMITED ACCESSHIGHWAY IN THE
TOWNSHIP OF UPPER ALLEN
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Claim No. 2100233000
MUMMA REALTY ASSOCIATES,
Condemnee/Petitioner, :
v.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION; and ROBERT M.
MUMMA, 11
Respondents.
EMINENT DOMAIN
IN REM
NO. 06-4505-CIVIL
PETITION/MOTION FOR RECONSIDERATION OF
THE COURT'S ORDER OF FEBRUARY 17, 2012
NOW COMES, Respondent, Robert M. Mumma, II "(RMMII") and asks this court to
reconsider its Order of February 17, 2012.
On January 30r", Petitioner filed a Certificate of Service on RMMII at P.O. Box 58,
Bowmansdale, PA. The Bowmansdale post office has been closed for at least four years.
On February 7, Petitioner filed an Amended Certificate of Service on RMMII at P.O. Box
F. Grantham. PA. RMMII received this Petition on February 23rd
On February 17th the Court issued its Order again mailed to the Grantham, PA address.
RMMII did not receive the Court's Order until February 29th
RMMII resides at 6880 Southeast Harbor Circle, Stuart, Florida, 34996 and has only been
in Pennsylvania periodically. Lisa M. Morgan, who instituted this Petition is well aware of
RMMII's address.
WHEREFORE, Robert M. Mumma, II requests that this Honorable Court vacate its
Order of February 17th and allow an opportunity to respond.
Respectfully submitted,
Robert M. Mumma, 11, Pro Se
6880 Southeast Harbor Circle
Stuart, Florida, 34996 Phone
Phone: (717) 448-1127
VERIFICATION
I verify that the statements made in the foregoing document, of which I have direct
knowledge, are true and correct to the best of my present knowledge, information and belief. I.
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904
relating to unsworn falsification to authorities.
Dated: March 5, 2012 -t 7,&&-?-
R er M. umma, 11
CERTIFICATE OF SERVICE
I hereby certify that on March 5, 2012, a true and correct copy of the foregoing
Petition/Motion for Reconsideration of the Court's Order of February 17, 2012 was served by
means of United States mail, first class, postage prepaid, upon the following:
Donald M. Lewis, III, Esq.
Keefer Wood Allen & Rahal, LLP
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
Eric J. Jackson, Esq.
Governor's Office of General Counsel
Commonwealth of Pennsylvania
Department of Transportation
P.O. Box 8212
Harrisburg, PA 17105-8212
By:
Robert M. Mumma, II
PROSE
IN RE: CONDEMNATION BY THE,
COMMONWEALTH DEPARTMENT OF
TRANSPORTATION OF RIGHT OF WAY
FOR STATE ROUTE 0015, SECTION 006
A LIMITED ACCESS HIGHWAY IN THE
TOWNSHIP OF UPPER ALLEN
Claim No. 2100233000
MUMMA REALTY ASSOCIATES,
Condemnee/Petitioner, :
V.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION; and ROBERT M.
MUMMA, II
Respondents.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
EMINENT DOMAIN
IN REM
NO. 06-4505-CIVIL
--
_, f_k 1
RESPONDENTS' PRELIMINARY OBJECTIONS TO PETITION FOR
APPOINTMENT OF A BOARD OF VIEW BY MUNIlMA REALTY ASSOCIATES
AND NOW COMES, Respondent, Robert M. Mumma, II ("RMMII") pro se pursuant to
Pennsylvania Rules of Civil Procedure, and files the within Preliminary Objections to the Order of
February 17, 2012.
1. MRA is a registered fictitious name for a Tenancy in Common. The Tenants each
have an undivided interest in the property. The Tenants of the subject real restate are the
shareholders of Kim Company as of November 30 1986. These shareholders as individual owners
are necessarily interested parties to this action.
2. The only shareholder represented in Petitioner's Petition is Lisa Morgan. Lisa
Morgan individually owns less than 25% of the subject real estate. None of the other Kim Co.
shareholders have agreed to be represented by Mr. Lewis or his firm. Lisa Morgan has not
discussed her petition with any of the other Kim Co shareholders.
WHEREFORE, Robert M. Mumma, II requests that the Court vacate its appointment of
the Board of View until such time as all owners of the real estate join in or are served and can
respond and participate.
Dated: April 2, 2012 Respectfully submitted,
AAIIU%.,-
Robert M. Mumma, II, Pro Se
6880 Southeast Harbor Circle
Stuart, Florida, 34996
Phone: (717) 448-1127
CERTIFICATE OF SERVICE
I hereby certify that on April 2, 2012, a true and correct copy of the foregoing
Respondents' Preliminary Objections to Petition for Appointment of a Board of View By Mumma
Realty Associates was served by means of United States mail, first class, postage prepaid, upon
the following:
Donald M. Lewis, III, Esq.
Keefer Wood Allen & Rahal, LLP
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
Eric J. Jackson, Esq.
Governor's Office of General Counsel
Commonwealth of Pennsylvania
Department of Transportation
P.O. Box 8212
Harrisburg, PA 17105-8212
By: `
Robert M. Mumma, II, Pro Se
KEEFER WOOD ALLEN & RAHAL, LLP
Donald M. Lewis III, Esquire
Attorney I.D. No. 58510
210 Walnut Street, P. O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8038
dlewis@keeferwood. com
IN RE: CONDEMNATION BY THE
COMMONWEALTH DEPARTMENT OF
TRANSPORTATION OF RIGHT OF WAY
FOR STATE ROUTE 0015, SECTION 006,
A LIMITED ACCESS HIGHWAY IN THE
TOWNSHIP OF UPPER ALLEN
Claim No. 2100233000
MUMMA REALTY ASSOCIATES,
Condemnee/Petitioner
V.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION; and ROBERT M.
MUMMA, II,
Respondents
1
Attorneys for petitioner Mumma Realty Associates
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EMINENT DOMAIN
IN REM
No. 06-4505-CIVIL
ANSWER BY MUMMA REALTY ASSOCIATES
TO PRELIMINARY OBJECTIONS
FILED BY RESPONDENT, ROBERT M. MUMMA, II
NOW COMES petitioner/condemnee Mumma Realty Associates, through the
undersigned counsel (acting on behalf of Lisa M. Morgan, Trustee of the Residuary Trust U/W
Robert M. Mumma, deceased, majority owner of Mumma Realty Associates), pursuant to 26 Pa.
C.S. § 504(d)(3), to answer the preliminary objections filed by Robert M. Mumma, II, in
response to the petition for appointment of a board of view, averring as follows:
1. Denied as stated, for the following reasons:
a. As set forth in detail in the Petition by Mumma Realty Associates for
Appointment of a Board of View (hereinafter the "Petition"), incorporated here by reference,
during 1986 Kim Company was liquidated and all of its assets were distributed. Consequently,
Kim Company has been a defunct entity owning no assets at all relevant times.
b. In 1986 the former shareholders of Kim Company, including Robert M. Mumma,
II ("Mumma II"), signed a written agreement entitled Mumma Realty Associates -Agreement
Among Tenants in Common (referenced in previous proceedings in this Court as "MRA F),
which memorialized their respective ownership interests in the former Kim Company properties,
including the subject Real Estate, and established procedures for management of those properties
by a Manager. (A copy of MRA I is attached to the Petition as exhibit G.)
C. Mumma II, a shareholder of Kim Company who was then serving as its vice
president, consented in 1986 to dissolve Kim Company and liquidate and distribute all its assets,
as confirmed by his signature on all pertinent consent forms. (See Exhibits B, C and D to
Petition.)
d. Mumma II also consented to the transfer of all the Kim Company real estate to
MRA, acting both individually and in his capacity as then-vice president of Kim Company, as
evidenced by his respective signatures on the Master Deed and the Bill of Sale and Assignment
and Assumption Agreement. (See Exhibits E and F to Petition.)
e. In accordance with the terms of MRA I, the tenants in common appointed
Mumma Realty Associates, Inc., a corporation ("MRA Inc."), as Manager for the numerous real
estate parcels owned by Mumma Realty Associates, including the subject Real Estate.
-2-
f. In prior litigation in this Court, captioned Barbara McK Mumma, et al. v. Robert
M. Mumma, II, et al., docket No. 66 Equity 1988, Mumma II sought to nullify MRA I; however,
the Court, subsequently affirmed on appeal to the Pennsylvania Superior Court at No. 56 HBG
1993 (allocatur denied by the Pennsylvania Supreme Court, No. 551 A.D. 1993), upheld MRA I
and thus declared it to be binding upon, and conclusive of, Mumma II's interest in the former
Kim Company properties, including the subject Real Estate.'
g. Thus, Mumma Realty Associates is, and was at the time of the taking of the Real
Estate, the sole and exclusive owner of the Real Estate, under MRA 1.
h. The Residuary Trust Under the Will of Robert M. Mumma, Deceased ("Trust") is
the majority owner (more than 80%) of Mumma Realty Associates.
1. Lisa M. Morgan is the sole Trustee of the Trust and also the sole owner and
officer of MRA, Inc.
j. In her fiduciary capacity as Trustee of the Trust and in her distinct capacity as sole
owner and officer of MRA, Inc., Lisa M. Morgan was authorized to file the Petition on behalf of
Mumma Realty Associates.
2. Denied, for the reasons stated in the foregoing paragraph 1, incorporated here by
reference. By way of further answer, Lisa M. Morgan avers that in her respective capacities, as
alleged hereinabove, she was not required to obtain consent to the filing of the Petition by the
other tenants in common, who collectively represent only a small minority (less than 15%) of the
ownership interests in Mumma Realty Associates, nor was she required to obtain the consent of
the former shareholders of the now defunct entity, Kim Company.
Accordingly, the preliminary objections should be dismissed, with prejudice.
' Opinion and Order of Court, dated November 5, 1992 (Hon. Harold E. Sheely, P.J.).
-3-
WHEREFORE, petitioner Mumma Realty Associates, by Lisa M. Morgan, Trustee of the
Residuary Trust U/W Robert M. Mumma, deceased, majority owner of Mumma Realty
Associates, respectfully requests that the preliminary objections filed by Robert M. Mumma, II,
be dismissed with prejudice.
Dated: April 13, 2012
Respectfully submitted,
KEEFER WOOD ALLEN & RAHAL, LLP
By
D nald M. Lewis III
10 Walnut Street
P. O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8038
Attorneys for petitioner Mumma Realty
Associates
-4-
CERTIFICATE OF SERVICE
I, Donald M. Lewis III, Esquire, one of the attorneys for petitioner, hereby certify that I
have served the foregoing paper upon counsel and parties of record this date by depositing true
and correct copies of the same in the United States mail, first-class postage prepaid, addressed as
follows:
Eric J. Jackson, Esquire
Governor's Office of General Counsel
PA Department of Transportation
P. O. Box 8212
Harrisburg, PA 17105-8212
Robert M. Mumma, II
6880 Southeast Harbor Circle
Stuart, FL 34996
Robert M. Mumma, II
P.O. Box F
Grantham, PA 17027-0906
KEEFER WOOD ALLEN & RAHAL, LLP
By
DZai?F ewis III
Dated: April 13, 2012
COMMONWEALTH OF PENNSYLVANIA "' + ?' E I ?? ?r`'; I
DEPARTMENT OF TRANSPORTATION r 7 i"
GOVERNOR'S OFFICE OF GENERAL COUNSEL ? 12 27 A, , IG ;
Eric J. Jackson, Assistant Counsel
Real Property Division E R L A ND C 41 I
Supreme Court LD. #93585 r i Y ? 'Jt dal;
P. O. Box 8212
HARRISBURG, PENNSYLVANIA 17105-8212
(717) 787-3128
erj ackson@pa.gov
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
IN RE: CONDEMNATION BY THE CIVIL ACTION -- LAW
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT OF WAY FOR STATE
ROUTE 0015, SECTION 006, A LIMITED
ACCESS HIGHWAY IN THE TOWNSHIP
OF UPPER ALLEN
No. 06-4505-CIVIL
MUMMA REALTY ASSOCIATES
Condemnee
V.
COMMONWEALTH OF PENNSYLVANIA, EMINENT DOMAIN
DEPARTMENT OF TRANSPORTATION; and PROCEEDINGS-IN REM
ROBERT M. MUMMA, II
Condemnor/Respondent
COMMONWEALTH'S REPLY TO PRELIMINARY OBJECTIONS TO THE
PETITION FOR APPOINTMENT OF BOARD OF VIEWERS AND NEW MATTER
AND NOW, comes the Commonwealth of Pennsylvania, Department of Transportation
(DOT), by and through its counsel, Eric J. Jackson, Assistant Counsel, Right-of-Way Section,
who respectfully represents as follows:
1
1. Denied. After reasonable investigation DOT is without knowledge or belief sufficient
to reply to the specifics of this allegation. By way of further response, DOT included both Kim
Company, owner of record (Kim) and Mumma Realty Associates, determined to be a reputed
owner with unclarified interests (Mumma)(referred to jointly where necessary as condemnees,
otherwise individually) on the Schedule of Property Condemned "as their interests may appear".
Proper service has been made and no prejudice has been shown under the law. The board of
viewers now has exclusive jurisdiction to determine both the amount and the apportionment of
damages for the condemned property, subject to appeal to the trial court. See New Matter, infra.
2. Denied. After reasonable investigation DOT is without knowledge or belief sufficient
to reply to the specifics of this allegation.
New Matter
3. The foregoing recitals are incorporated herein as though fully set forth.
4. On August 7, 2006 DOT filed a Declaration of Taking pursuant to the Eminent
Domain Code of 1964, as amended, 26 P.S. § 1-101 et seq. (Code), acquiring 1,806 square feet
in fee simple title as required right of way for limited access and 993 square feet as a temporary
construction easement from real estate of Kim and Mumma.
5. The purpose of the taking was for transportation purposes pursuant to Section 513(e)
of the Administrative Code of 1929, as amended, 71 P.S. §513(e). Authority for the taking is
established by a plan signed by the Secretary of Transportation on March 15, 2006, and recorded
2
as a matter of public record in the Cumberland County Recorder's Office in Cabinet 3, Drawer 1,
at page 172 on March 17, 2006.
6. Attached to the declaration of taking was the Schedule of Property Condemned as
required by the Code, said Schedule referring to Sheets 61 and 205 from the recorded plans
referenced in paragraph 2, above. See Exhibit 1, attached hereto and made a part hereof. The
condemnees were each listed on the Schedule "as their interests may appear." As a result of the
taking an outdoor advertising device was removed and the condemnees will have a residue
(being land remaining after the taking) totaling 2,643 square feet.
7. The transportation project involves, but is not limited to, transportation improvements
to State Route 15, including reconstruction of State Route 15 and the State Route 581
interchange.
8. On or about January 30, 2012 Mumma filed a petition for board of viewers pursuant to
the Code; the petition was served upon DOT and Robert M. Mumma, Il.
9. On or about February 16, 2012 the trial court issued an order appointing a board of
viewers and directing the board, among other things, "to determine whether Kim Company has
any interest in the Subject Real Estate." See Exhibit 2, attached hereto and made a part hereof.
3
10. On or about March 5, 2012 Robert M. Mumma, Il (Robert Mumma) filed a motion
for reconsideration requesting that the trial court vacate its order to afford him an opportunity to
respond to the petition for board of viewers.
11. On or about March 7, 2012 Mumma filed a response requesting that the motion for
reconsideration be dismissed as moot as the time for filing preliminary objections has not lapsed.
12. On April 2, 2012 Robert Mumma filed preliminary objections to the appointment of
the board of viewers in which he requested the trial court vacate the appointment of the board of
viewers until such time as all owners of the real estate join in or are served and can respond to
the petition.
13. On or about April 13, 2012 Mumma filed its answer to the preliminary objections
requesting that they be dismissed with prejudice.
14. A petition for board of viewers filed by a condemnee must include the names and
addresses of all condemnees and mortgagees known to the petitioner to have an interest in the
property and the nature of their interest. 26 P.S. § 1-502(a)(4).
15. The petition for board of viewers filed by Mumma included, and was served upon,
Robert Mumma, as well as DOT, as provided by law.
4
16. The board of viewers has the exclusive jurisdiction and obligation to determine the
amount of damages and to apportion such damages among the owners of the condemned
property. 26 P.S. § 1-507(a). See Guttha v. Department of Transportation, 871 A.2d 896, 900
(Pa. Cmwlth. 2005) ("The board of viewers, then, not only determines the total market value of
the condemned property but how it is to be apportioned among the parties with an interest in the
property subject to the taking")(emphasis added).
17. The parties may, upon a determination of damages and apportionment by the board
of viewers, request the Court of Common Pleas to confirm, modify, or change the report or refer
it back to the board or another board with respect to the apportionment of damages. 26 P. S. § 1-
517. This however can only happen upon appeal of the viewers' award and apportionment to the
trial court after the report is filed. 26 P.S. § 1-515.
WHEREFORE, the Commonwealth of Pennsylvania, Department of Transportation,
respectfully requests that this Honorable Court dismiss the preliminary objections of Robert M.
Mumma, II and affirm its order of February 16, 2012 authorizing the board of viewers to
determine and to apportion damages and directing the parties to move forward with viewers'
proceedings as required by law.
OFFICE OF CHIEF COUNSEL
By: ( a
Eric J. J c n
Assistant Counsel
Attorney for the Condemnor
5
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF 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 UPPER ALLEN
CIVIL ACTION -- LAW
No. 06-4505-CIVIL
MUMMA REALTY ASSOCIATES
Condemnee
V.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION; and
ROBERT M. MUMMA, II
EMINENT DOMAIN
PROCEEDINGS-IN REM
Condemnor/Respondent
CERTIFICATE OF SERVICE
I certify that I am serving the attached Answer and New Matter in the manner and upon
the people set forth below, which service satisfies the requirements of Pa.R.C.P. 440:
BY FIRST CLASS MAIL:
Donald M. Lewis, III
210 Walnut Street
Harrisburg, PA 17108-1963
Robert M. Mumma, II
6880 Southeast Harbor Circle
Stuart, FL 34996
Robert M. Mumma, II
P.O. Box F
Grantham, PA 17027-0906
Respectfully submitted,
OFFICE OF CHIEF COUNSEL
By:
Eric J. J n
Assistant Counsel
Attorney for the Defendant
Date: April 26, 2012
Page I of 4
COMMONWEALTH OF PENNSYLVANIA
RW-437 (MO4) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
REMIS YROJ. N0. OR0153
COUNTY 'I'YpE OF TAKE TYPE OF DESCRIPTION
Cumberland
S.R. -SECTION
PT- Partial Take
D- Deed Description
0015.006 TT- Total Take
MUNICIPALMY Lower Allen Township P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
Office
Name, Property Interest of Attaclied
Parcel Clai Mailing
Type C
s? l
m
No. Number of
and Location f
Condemned
Tak Number **Type of Plan if
( any}
27 2100201000 e
Pro ert
PT Harold F. Renshaw if an Description Recorded in
R Cumberland
Mailing Address: County
Recorder of
3803 Glenwood Avenue Deeds -
Camp Hill, PA 17011-6945 Cabinet 3,
Location of Property: Drawer 1,
Deed Book A-36 Page 798 Page 172,
Sheet 148
84 2100227000 TT Lamar Advantage GP Company, LLC,
R Cumberland
survivor after merger with Lamar County
Whiteco Outdoor Corporation, successor Recorder of
in interest to Chancellor Media Whiteco Deeds -
Outdoor Corporation Cabinet 3
Kevin Reilly, CEO ,
Drawer 1,
Mailing Address: Page 172,
5551 Coporate Boulevard, Suite 2-A Sheet !71
Baton Rouge, LA 70808
Location of Property:
Deed Book 192 Page 702
Note: Owner is not the same as shown
on plan, due to merger.
EXHIBIT
z
0
Z
Page 2 of 4
R W -437 (12/04) COMMONWEALTH OF PENNSY LVANIA
DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
REMIIS PR01. NO. ____
COUNTY - 080153
T TYPE OF TAKE •
TYPE OF DESCRIPTION
Cumberland
S.R. - SECTION PT- partial Take D- Deed Description
0015-006
MUNICIPALITY - TT- Total Take
Lower Allen Township
P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
Office
Name, Property Interest of Attached
Parcel
Cl
i Type Condemnees, Mailing Address, Exhibit
a
m
No. Number of and Location of Condemned
Take Pro
ert Number 'Type of Plan (if any)
112 2100233000 p
y
PT Kim Company if an) Description Recorded in
(a Pennsylvania Corporation) R Cumberland
Owner of Record County
Recorder of
Mailing Address: Deeds -
Robert M. Mumma 11, Vice President Cabinet 3,
P. O. Box 58 Drawer !,
Bowmansdale, PA 17008-0058 Page 17
Sheets 61
! and
205
Mumma Realty Associates
P. O. Box 390
Camp Hill, PA 17001-0390
Attn: Lisa M. Morgan, Esquire
(Reputed owner)
Residuary Trust Under the Will of
Robert M. Mumma, Deceased
c%o Lisa M. Morgan, Esquire
1140 North Ocean Boulevard
Gulf Stream, FL 33483-7230
(Reputed owner)
AS THEIR INTERESTS MAY
APPEAR
Location of Property:
Deed Book D-20 Page 566
P390 2 01 74
COMMONWEALTH OF PENNSYLVANIA
RW-437 (12/04)
DEPARTMENT OF TRANSPORTATION
SCHEDULE Or PROPERTY CONDEMNED
(Declaration of Taking)
REMIS PROJ. NO. 1 it f
090153 TYPE OF TAKE TYPE OF DESCRIPTION
COUNTY Cumb aland
PT- Partial Take D- Deed Description
.R
S. -SECTION 0015-006
.RN SECTION 'IT- Total Take P- Plan lodged for recording with
Lower Allen Township Notice of Condemnation
R- Plan now recorded in Recorder's
Parcel
No.
271
Claim
Number
2100274000
Type
of
Take
PT Name, Property Interest of
Condemnees, Mailing Address,
and Location of Condemned
Pro ert
Do
ld E
S Attached
Exhibit
Number
if alt
**Type of
Description
Plan (if any)
Recorded in
na
.
like and
Rose Marie Slike, His Wife
R
Cumberland
County
Mailing Address: Recorder of
P.O. Box 292 Deeds -
Camp Hill, PA 17001-0292 Cabinet 3,
Drawer I,
Property Location: Page 172
Deed Book X-30 Page 746 Sheet 197
272 2100275000 PT Jonathan E. Keough
R Cumberland
Mailing Address; County
306 Hunter Path Road Recorder of
Hummelstown, PA 17036-2715 Deeds -
Cabinet 3,
Property Location: Drawer 1,
Deed Book 190 Page 771 Page 172
Sheet 198
2100275001 Donald E. Slike
(Tenant:, owner of
improvements)
Mailing Address:
P.O. Box 292
Camp Hill, PA 17001-0292
AS THEIR INTERESTS MAY
APPEAR
Page 4of4
COMMONWEALTH OF PENNSYLVANIA
Rw•437 (12/04) DEPARTMENT OF TRANSPORTATION
SCI;IEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
REMIS PRO), NO. !r •
couNTY osots3 ?` TYPE OF TAKE
TXPE OF DESCRIPTION
Cumberland
S.R. - SECTION PT- Partial Take D- Deed Description
0015-OOG
TT- Total Take P- Plan lodged for recording with
(vtUNIClPALIrY Lower Allen Township
Notice of Condemnation
R- Plan now recorded in Recorder's
Name, Property Interest of Attached
Parcel
Cl
i Type Condemnees, Mailing Address, Exhibit
No. a
m
Number of
Take and Location of Condemned Number "*Type of Plan (if any)
273
2100276000
PT Property
HET Enterprises, LLC (a Pennsylvania
(if all
Description
Recorded in
limited liability company) R Cumberland
County
Mailing Address: Recorder of
Gary A. Hastings, President (Member) Deeds -
Cabinet 3
1631 Bridge Street
New Cumberland, PA 17070-1174 ,
Drawer 1,
Page 172,
Location of Property: Sheet 198
Deed Book 261 Page 760
1r
IN RE: CONDEMNATION BY THE
COMMONWEALTH DEPARTMENT
OF TRANSPORTATION OF RIGHT
OF WAY FOR STATE ROUTE 0015,
SECTION 006 A LIMITED ACCESS
HIGHWAY IN THE TOWNSHIP
OF UPPER ALLEN
MUMMA REALTY ASSOCIATES,
Petitioner
V.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION; and ROBERT M.
MUMMA, II,
Respondents
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EMINENT DOMAIN
NO. 2006-4505 CIVIL TERM
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IN RE: RESPONDENTS' PRELIMINARY OBJECTIONS TO PETITION FOR
APPOINTMENT OF A BOARD OF VIEW BY MUMMA REALTY ASSOCIATES
ORDER OF COURT
AND NOW, this 15`x' day of May, 2012, upon consideration of the Preliminary
Objections to Petition for Appointment of a Board of View by Mumma Realty Associates,
filed in the above-captioned matter by Respondent, Robert M. Mumma, II, pro se, it is ordered
that:
1. Any interested party who has not already filed an answer and wishes to respond to
"Respondents' Preliminary Objections to Petition for Appointment of a Board of View
by Mumma Realty Associates," filed by Respondent Robert M. Mumma, II shall file an
answer to the preliminary objections within 21 days of the date of this order;
2. The Preliminary Objections shall be decided under Pa. R.C.P. 206.7;
3. Depositions shall be completed within 49 days of the date of this order;
d .
4. Argument shall be held on Monday, August 6, 2012, at 9:30 a.m., in Courtroom
Number 6, Cumberland County Courthouse, Carlisle, Pennsylvania.
5. Briefs shall be submitted at least seven days prior to argument.
BY THE COURT,
J f We-sley O
r., S.J
Donald M. Lewis, III, Esq.
Keefer Wood Allen & Rahal, LLP
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108
Eric J. Jackson, Esq.
Governor's Office of General Counsel
Commonwealth of Pennsylvania
Department of Transportation
P.O. Box 8212
Harrisburg, PA 17105
Robert M. Mumma, II
6880 Southeast Harbor Circle
Stuart, Florida 34996
led
Christopher J. Clements, Esq.
Commonwealth of Pennsylvania
Department of Transportation
P.O. Box 8212
Harrisburg, PA 17105
Tax Claim Bureau of Cumberland County 001
One Courthouse Square
Carlisle, PA 17013
Bonnie K. Miller, Tax Collector
V/ Lower Allen Township
2233 Gettysburg Road
Camp Hill, PA 17011
Ronald G. Baker
855 Center Road
Newville, PA 17241
Edgar R. Luhn, III, Esq.
480 Doubling Gap Road
Newville, OA 17241
Andrew W. Barbin, Esq.
502 Ritter Road, Suite 109
Mechanicsburg, PA 17055
Clint M. Miller
Fulton Financial Corporation
P.O. Box 4887
Lancaster, PA 17604
Robert E. Chernicoff, Esq.
Cunningham & Chernicoff, P.C.
P.O. Box 60457
Harrisburg, PA 17106
Mark S. Silver, Esq.
500 North Third Street, 7t' Floor
P.O. Box 1152
Harrisburg, PA 17108
IN RE: CONDEMNATIONBY THE IN THE COURT OF COMMON PLEAS OF
COMMONWEALTH DEPARTMENT CUMBERLAND COUNTY, PENNSYLVANIA
OF TRANSPORTATION OF RIGHT
OF WAY FOR STATE ROUTE 0015,
SECTION 006 A LIMITED ACCESS
HIGHWAY IN THE TOWNSHIP
OF UPPER ALLEN
MUMMA REALTY ASSOCIATES,
Petitioner
V. EN 1NENT DOMAIN
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION; and ROBERT M.
MUMMA, II, .
Respondents NO. 2006-4505 CIVIL TERM
IN RE: RESPONDENT'S PRELIMINARY OBJECTIONS TO PETITION FOR
APPOINTMENT OF A BOARD OF VIEW BY MUMMA REALTY ASSOCIATES
ORDER OF COURT
AND NOW, this 20 day of May, 2012, the court having been notified that Mark S.
Silver, Esquire, is not longer involved in this aspect of the litigation, and' in view of the fact
that the property at issue herein is located in Upper Allen Township, Cumberland County,
Pennsylvania, it is directed that Mark S. Silver, Esquire, and Bonnie K. Miller shall be
removed from the distribution list.
n
BY THE COURT, s
=M 31-
?'- 77a
-<> tNa] CD
J. esley Ol r., S.J. z> r
o'
a
/Donald M. Lewis, III, Esq.
Keefer Wood Allen & Rahal, LLP
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108
?Eric J. Jackson, Esq.
Governor's Office of General Counsel
Commonwealth of Pennsylvania
Department of Transportation
P.O. Box 8212
Harrisburg, PA 17105
V Robert M. Mumma, II
6880 Southeast Harbor Circle
Stuart, Florida 34996
VChristopher J. Clements, Esq.
Commonwealth of Pennsylvania
Department of Transportation
P.O. Box 8212
Harrisburg, PA 17105
Tax Claim Bureau of Cumberland County
One Courthouse Square
Carlisle, PA 17013
y Bonnie K. Miller, Tax Collector
Lower Allen Township
2233 Gettysburg Road
Camp Hill, PA 17011
j/ Ronald G. Baker
855 Center Road
Newville, PA 17241
? Edgar R. Luhn, III, Esq.
480 Doubling Gap Road
Newville, OA 17241
? Andrew W. Barbin, Esq.
502 Ritter Road, Suite 109
. %
Mechanicsburg, PA 17055
Clint M. Miller
Fulton Financial Corporation
P.O. Box 4887
Lancaster, PA 17604
Robert E. Chernicoff, Esq.
Cunningham & Chernicoff, P.C.
P.O. Box 60457
Harrisburg, PA 17106
? Mark S. Silver, Esq.
500 North Third Street, 7' Floor
P.O. Box 1152
Harrisburg, PA 17108
pp: e5 / .led Jrl // ),
R-#?4
r
IN RE: CONDEMNATION BY : IN THE COURT OF COMMON PLEAS OF
THE COMMONWEALTH : CUMBERLAND COUNTY, PENNSYLVANIA
DEPARTMENT OF
TRANSPORTATION OF RIGHT : EMINENT DOMAIN
OF WAY FOR STATE ROUTE :
0015, SECTION 006 A LIMITED :
ACCESS HIGHWAY IN THE :
TOWNSHIP OF UPPER ALLEN :
MUMMA REALTY
ASSOCIATES,
Petitioner
V.
COMMONWEALTH OF
PENNSYLVANIA,
DEPARTMENT OF
TRANSPORTATION; and
ROBERT M. MUMMA, II,
Respondents : NO. 2006-4505 CIVIL TERM
ORDER OF COURT
R mS
-71
AND NOW, this 17th day of June, 2012, upon consideration of the attached letter
from Robert E. Chernicoff, Esq., he is removed from the distribution list with respect to
orders relating to the Preliminary Objections to Petition for Appointment of a Board of
View by Mumma Realty Associates.
? Donald M. Lewis, III, Esq.
Keefer Wood Allen & Rahal, LLP
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108
BY THE COURT,
ZA,r
.??Wesley O , Jr., .J.
c,
1
Eric J. Jackson, Esq.
Governor's Office of General Counsel
Commonwealth of Pennsylvania
Department of Transportation
P.O. Box 8212
Harrisburg, PA 17105
? Robert M. Mumma, II
6880 Southeast Harbor Circle
Stuart, FL 34996
Christopher J. Clements, Esq.
Commonwealth of Pennsylvania
Department of Transportation
P.O. Box 8212
Harrisburg, PA 17105
/Tax Claim Bureau of Cumberland County
One Courthouse Square
Carlisle, PA 17013
k1 Ronald G. Baker
855 Center Road
Newville, PA 17241
?Edgar R. Luhn, III, Esq.
480 Doubling Gap Road
Newville, PA 17241
?Andrew W. Barbin, Esq.
Suite 102
5 Kasey Court
Mechanicsburg, PA 17055
? Clint M. Miller
Fulton Financial Corporation
P.O. Box 4887
Lancaster, PA 17604
(vp; e,s lKu. lPW
G
JORDAN 0 CUNNINGHAM
ROBERT E. CHERNICOFF
MARC W. WITZIG
BRUCE J. WARSHAWSKY
TRACY L. UPDIKE
NICHOLAS A. FANELLI
CUNNINGHAM & CHERNICOFF, P.C.
ATTORNEYS AT LAW
P.O. BOX 60457
HARRISBURG, PENNSYLVANIA 17106-0457
TELEPHONE (717) 238-6570
FAX (717) 238-4809
May 25, 2012
Chambers
County of Cumberland
Honorable J. Wesley Oler, Jr., Senior Judge
One Courthouse Square
Carlisle, PA 17013
HERSHEY TELEPHONE
(717) 534-2833
IRS NO. 23-2274135
Street Address:
2320 N. 2nd Street
Harrisburg, PA 17110
RE: 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 Upper Allen
Mumma Realty Associates, Petitioner v. Commonwealth of Pennsylvania,
Department of Transportation and Robert M. Mumma, II, Respondents
Cumberland County No: 2006-4505
Dear Judge Oler:
On May 21, 2012, I received a copy of the Order of Court entered May 15, 2012 docketed
May 16, 2012 in the above-captioned matter.
I do not represent Petitioner, Mumma Realty Associates or Respondents, Commonwealth
of Pennsylvania, Department of Transportation or Robert M. Mumma, II in the action currently
before the Court.
I must assume that my name was included on the Distribution List of the Order of Court
as a result of my having previously represented Donald or Rose Slike, Condemnees/Claimants,
portions of whose properties were acquired by the Commonwealth of Pennsylvania, Department
of Transportation pursuant to the Declaration of Taking filed to the very same Term and Number
as that identified above (2006-4505 Civil Term). Those claims are not related to or involved in
the instant Order of Court.
As a result, I respectfully request that my name be removed from the Distribution List as I
do not represent any of the parties to the cited action.
I trust this communication to the Court will not be construed as an objectionable ex parte
communication, rather it is being sent to serve the interests of judicial economy and expediency
given that I represent no party to the instant action.
CUNNINGHAM & CHERNICOFF, P.C.
ATTORNEYS AT LAW
Should you have questions or require anything additional, please do not hesitate to
contact me.
Thank you for your attention and cooperation.
REC/ja
cc Donald M. Lewis, III, Esquire
Eric J. Jackson, Esquire
Robert M. Mumma, II
Christopher J. Clements, Esquire
Tax Claim Bureau of Cumberland County
Bonnie K. Miller, Tax Collector
Ronald G. Baker
Edgar R. Luhn, III, Esquire
Andrew W. Barbin, Esquire
Clint M. Miller
F:\Home\SJO\DOCS\MUMMA REALTY ASSOCIATES\Oler 052312.wpd
Very truly yours,
CUNNINGHAM & CHERNICOFF, P.C.
Rob E. scoff
KEEFER WOOD ALLEN & RAHAL, LLP
Donald M. Lewis III, Esquire
Attorney I.D. No. 58510
210 Walnut Street, P. O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8038
dlewis@keeferwood.com
}= 4 PROTKONO sue ;
2812 JUL -3 PM 2' It 5
CUMP NNSYLVA R COUNTY
Attorneys for petitioner Mumma Realty Associates
IN RE: CONDEMNATION BY THE
COMMONWEALTH DEPARTMENT OF
TRANSPORTATION OF RIGHT OF WAY
FOR STATE ROUTE 0015, SECTION 006,
A LIMITED ACCESS HIGHWAY IN THE
TOWNSHIP OF UPPER ALLEN
Claim No. 2100233000
MUMMA REALTY ASSOCIATES,
Condemnee/Petitioner
V.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION; and ROBERT M.
MUMMA, II,
Respondents
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EMINENT DOMAIN
IN REM
: No. 06-4505-CIVIL
PRAECIPE TO ATTACH VERIFICATION TO
ANSWER OF MUMMA REALTY ASSOCIATES TO
PRELIMINARY OBJECTIONS FILED BY RESPONDENT, ROBERT M. MUMMA, II
TO THE PROTHONOTARY:
Please include the attached verification of Lisa Mumma Morgan to Mumma Realty
Associates' answer to unverified preliminary objections filed by respondent, Robert M.
Mumma, II. The answer was filed on April 16, 2012.
KEEFER WOOD ALLEN & RAHAL, LLP
Dated: July 3, 2012 By
onald M. Lewis III
VERIFICATION
The undersigned, Lisa Mumma Morgan, hereby verifies and states that:
She is the sole Trustee of the Residuary Trust created under Article EIGHTH of
the Will of Robert M. Mumma, deceased C'Trust"), the majority owner as a tenant-in-common of
Mumma Realty Associates ("MRA'), and is the sole owner and officer of Mumma Realty
Associates, Inc., the Manager for the real estate parcels owned by M1?-A;
2_ The facts set forth in the answer to preliminary objections of Robert M. Mumma,
11, which answer was filed herein on April lb, 2012 after its contents were verified by her, are
true and correct to the best of her knowledge, information, and belief, and
3. She is aware that false statements herein are made subject to the penalties of 18
Pa.C.S. Sec. 4904, relating to unworn falsification to authorities.
,,
Lisa Mumma Morgan
Dated: June, 2012
CERTIFICATE OF SERVICE
I, Donald M. Lewis III, Esquire, one of the attorneys for petitioner, hereby certify that I
have served the foregoing paper upon counsel and parties of record this date by depositing true
and correct copies of the same in the United States mail, first-class postage prepaid, addressed as
follows:
Eric J. Jackson, Esquire
Governor's Office of General Counsel
PA Department of Transportation
P. O. Box 8212
Harrisburg, PA 17105-8212
Robert M. Mumma, II
6880 Southeast Harbor Circle
Stuart, FL 34996
Robert M. Mumma, II
P.O. Box F
Grantham, PA 17027-0906
KEEFER WOOD ALLEN & RAHAL, LLP
By
nald M. Lewis III
Dated: July 3, 2012
r
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
[UPPER] ALLEN
MUMMA REALTY
ASSOCIATES,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION (EMINENT DOMAIN)
V.
COMMONWEALTH OF
PENNSYLVANIA, :
DEPARTMENT OF
TRANSPORTATION and
ROBERT M. MUMMA, II,
Respondents : NO. 06-4505 CIVIL TERM
IN RE: PRELIMINARY OBJECTIONS TO PETITION FOR
APPOINTMENT OF BOARD OF VIEW
BEFORE OLER, L
ORDER OF COURT
AND NOW, this 10th day of August, 2012, upon consideration of
Preliminary Objections to Petition for Appointment of a Board of View by Mum
Realty Associates," filed by Robert M. Mumma, II, and following oral argument held
August 5, 2012, at which Robert M. Mumma, II, represented himself, Donald M. Levi
III, Esq., represented Mumma Realty Associates, and Eric J. Jackson, Esq., represen
the Commonwealth of Pennsylvania, Department of Transportation, the prelimin
objections are denied and the appointed Board of View is directed to proceed with
duties.
S]
R ? •
Elizabeth B. Stone, Esq.
Suite 303
3507 Market St.
Camp Hill, PA 17011
Chairperson, Board of View
Eric J. Jackson, Esq.
Office of Chief Counsel
Pennsylvania Department of Transportation
P.O. Box 8212
Harrisburg, PA 17105-8212
Attorney for Condemnor,
Commonwealth of Pennsylvania,
Department of Transportation
Christopher J. Clements, Esq.
Assistant Counsel in Charge, R/W
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, PA 17105-8212
V Donald M. Lewis, III, Esq.
Keefer Wood Allen & Rahal, LLP
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
Attorney for Mumma Realty Associates
? Robert M. Mumma, II
6880 Southeast Harbor Circle
Stuart, FL 34996
Respondent, pro Se
rm ,--`
CD
?.
BY THE COURT
-? Tax Claim Bureau of Cumberland County
One Courthouse Sq.
Carlisle, PA 17013
? Ronald G. Baker
855 Center Road
Newville, PA 17241
Edgar R. Luhn, III, Esq.
480 Doubling Gap Road
Newville, PA 17241
Clint M. Miller
Fulton Financial Corporation
P.O. Box 4887
Lancaster, PA 17604
wpie ,`4tC led l.6/ AlG
y
IN RE: CONDEMNATION BY THE § IN THE COURT OF COMMON PLEAS OF
COMMONWEALTH DEPARTMENT OF § CUMBERLAND COUNTY, PENNSYLVANIA
TRANSPORTATION OF RIGHT OF WAY §
FOR STATE ROUTE 0015, SECTION 006, § EMINENT DOMAIN
A LIMITED ACCESS HIGHWAY IN THE §
TOWNSHIP OF UPPER ALLEN § IN REM
Claim No. 2100233000 § No. 06-4505-CIVIL
MUMMA REALTY ASSOCIATES, §
Condemnee/Petitioner, §
i�
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF § ?
TRANSPORTATION; and ROBERT M. §
MUMMA, II, § -
Respondents §
NOTICE OF VIEW
YOU ARE HEREBY NOTIFIED THAT THE BOARD SHALL CONDUCT A VIEW OF
THE SUBJECT PROPERTY ON NOVEMBER 6, 2013, AT 10:30. ALL INTERESTED
PARTIES ARE PERMITTED TO ATTEND. THE HEARING ON THIS MATTER SHALL
TAKE PLACE ON THURSDAY, APRIL 17, 2014, AT 10:00 AM, IN THE OLD
COURTHOUSE, COURT OF COMMON PLEAS, CARLISLE, CUMBERLAND COUNTY,
PENNSYLVANIA.
Elizabeth B. Stone, Esquire Donald Lewis, Esquire
Chairperson, Board of View Attorney for Mumma Realty Associates
James Sheya, Eric Jackson, Esquire
Board of View member Attorney for PA Department of Transportation
R. Gary Sausser Robert M. Mumma, II
Board of View member Pro Se
The Law Ofjz'ces of Elizabeth B. Stone
3507 Market Street, Suite 303, Camp Hill, PA 17011
71.7.909.1500(tel) 717.731.8115 (fax)
estone @tanner-law.com
October 29, 2013
David Buell, Prothonotary
OFFICE OF PROTHONOTARY
CUMBERLAND COUNTY COURT OF COMMON PLEAS
1 COURTHOUSE SQUARE
CARLISLE PA 17013
RE: No. 06-4505-CIVIL
Dear Mr. Buell,
Kindly time stamp and file the attached scheduling Order for the'.above c tioned,case. Thank you for
your time and attention to this matter. To remind you,I have possessio of the Prothonotary since I was
appointed as the Board of View Chairperson by the Honorable Judge ler.
Yours very Trul
abe ;St e, Esquire
EBS/
cc: MR JAMES P SHEYA
3433 MOORELAND AVENUE
CARLISLE PA 17013
MR GARY SAUSSER
1306 BOSLER PLACE
CARLISLE PA 17013
ERIC JACKSON,ESQUIRE
OFFICE OF CHIEF COUNSEL
PENNSYLVANIA DEPT OF TRANSPORTATION
P.O. BOX 8212
HARRISBURG,PA 17105-8212
DONALD M. LEWIS, III, ESQUIRE ROBERT M.MUMIVIA,H
KEEFER WOOD ALLEN&RAHAL, LLP 6880 SOUTHEAST HARBOR CIRCLE
210 WALNUT STREET
P.O. BOX 11963 STUART, FLORIDA 34996
HARRISBURG PA 17108-1963
KEEFER WOOD ALLEN&RAHAL, LLP
Donald M.Lewis III,Esquire
Attorney I.D.No. 58510
417 Walnut Street,4th Floor
P.O.Box 11963
Harrisburg,PA 17108-1963
(717)255-8038
dlewis @keeferwood.com Attorneys for petitioner Mumma Realty Associates
IN RE: CONDEMNATION BY THE • IN THE COURT OF COMMON PLEAS OF
COMMONWEALTH DEPARTMENT OF • CUMBERLAND COUNTY, PENNSYLVANIA
•
TRANSPORTATION OF RIGHT OF WAY
FOR STATE ROUTE 0015, SECTION 006, • EMINENT DOMAIN
•
A LIMITED ACCESS HIGHWAY IN THE
TOWNSHIP OF UPPER ALLEN • IN REM
•
•
Claim No. 2100233000 • No. 06-4505-CIVIL
•
•
•
MUMMA REALTY ASSOCIATES,
•
Condemnee/Petitioner • (')
rnC) C.... re
•
•
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF • �.
TRANSPORTATION; and ROBERT M. • =O `=
MUMMA, II, • n C " c�,4
-t CO
•
Respondents
PRAECIPE TO CHANGE ADDRESS
TO THE PROTHONOTARY:
Kindly change the address of counsel for Condemnee/Petitioner in the above-captioned
matter to:
Donald M. Lewis III, Esquire
Keefer Wood Allen& Rahal, LLP
417 Walnut Street, 4th Floor
P. O. Box 11963
Harrisburg, PA 17108-1963
KEEFER WOOD ALLEN & RAHAL, LLP
—
Dated: January 10, 2014 By
D.nald M. Lewis III
. r
CERTIFICATE OF SERVICE
I, Donald M. Lewis III, Esquire, one of the attorneys for petitioner, hereby certify that I
have served the foregoing paper upon counsel and parties of record this date by depositing true
and correct copies of the same in the United States mail, first-class postage prepaid, addressed as
follows:
Eric J. Jackson, Esquire
Governor's Office of General Counsel
PA Department of Transportation
P. O. Box 8212
Harrisburg, PA 17105-8212
Robert M. Mumma, II
6880 Southeast Harbor Circle
Stuart, FL 34996
Robert M. Mumma, II
P. O. Box F
Grantham, PA 17027-0906
KEEFER WOOD ALLEN & RAHAL, LLP
By
D.- R -wis III
Dated: January 10, 2014
IN RE: CONDEMNATION BY THE § IN THE COURT OF COMMON PLEAS OF
COMMONWEALTH DEPARTMENT OF § CUMBERLAND COUNTY, PENNSYLVANIA
TRANSPORTATION OF RIGHT OF WAY §
FOR STATE ROUTE 0015, SECTION 006, § EMINENT DOMAIN
A LIMITED ACCESS HIGHWAY IN THE §
TOWNSHIP OF UPPER ALLEN § IN REM
Claim No. 2100233000 § No. 06-4505-CIVIL
MUMMA REALTY ASSOCIATES, §
§ r_
Condemnee/Petitioner,
�.. i.
rn `� r.
§ w� Ce.y
Gj C7.1 V. § ' cJ ..._t7
§ < .- CD—.
COMMONWEALTH OF § =c) "6"5".;'
:
PENNSYLVANIA, DEPARTMENT OF § 5
TRANSPORTATION; and ROBERT M. §
MUMMA, II, §
Respondents §
NOTICE OF VIEW
YOU ARE HEREBY NOTIFIED THAT THE BOARD SHALL CONDUCT A HEARING
REGARDING THE SUBJECT PROPERTY. THE HEARING ON THIS MATTER SHALL
TAKE PLACE ON WEDNESDAY, APRIL 16, 2014, AT 9:00 AM, IN THE OLD
COURTHOUSE, COURT OF COMMON PLEAS, CARLISLE, CUMBERLAND COUNTY,
PENNSYLVANIA. ALL INTERESTED PARTIES ARE PERMITTED TO ATTEND.
Elizabeth B. Stone, Esquire Donald Lewis, Esquire
Chairperson, Board of View Attorney for Mumma Realty Associates
James Sheya, Eric Jackson, Esquire
Board of View member Attorney for PA Department of Transportation
R. Gary Sausser Robert M. Mumma, II
Board of View member Pro Se
BILL OF COSTS
Docket
PRO-TH N
A JUL -7 PM 1: 2?
CUMBERLAND COUNTY
PENNSYLVANIA
The Board of View having performed duties related to its appointment prior to said
decision. An invoice and Bill of Cost is hereby submitted to the Court.
Elizabeth B. Stone, Chairman 7 days @ 375.00 $2,625.00
Postage First Class 12 @ .49 $ 5.88
Postage First Class 12 @ .21 $ 2.52
Postage First Class 2 @ .49 $ 2.45
Postage Mail Report 6 @ $ 1.61
Subtotal $ 2637.46
Gary Sausser, Viewer 5 days @ 250.00 $1250.00
Mileage 42 x3 =126 x.50 per mile $ 63.00
Subtotal $1313.00
James Sheya, Viewer 5 days @ $250.00
Mileage 42 x3 = 126 x.50 per mile
Date: -7/?///
Date:
Date:
Subtotal
$1250.00
$ 63.00
$1313.00
TOTAL COST $5263.46
Elizabet :. Sto = .
squire
Gary Sausser V ' er,
ames Sheya,
wer
IN RE: CONDEMNATION BY THE
COMMONWEALTH DEPARTMENT OF
TRANSPORTATION OF RIGHT OF WAY
FOR STATE ROUTE 0015, SECTION 006,
A LIMITED ACCESS HIGHWAY IN THE
TOWNSHIP OF UPPER ALLEN
2'.IE,JUL -7 P1 1:21
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
EMINENT DOMAIN
INREM
Claim No. 2100233000 No. 06 -4505 -CIVIL
MUMMA REALTY ASSOCIATES Board of View:
and
Condemnee/Petitioner
, v.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION; and ROBERT
M. MUMMA, II,
Respondents
Elizabeth B. Stone, Esquire, Chair
James Sheya, Member
R. Gary Sausser, Member
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW
Upon the conclusion of the hearing by the parties before this Board of View,
and three visits to the site of the Subject Property, a review of the Proposed
Findings of Facts submitted by Commonwealth of Pennsylvania, Department of
Transportation and Mumma Realty Associates, this Board of View respectfully
submits the following proposed findings of fact and conclusions of law and adopts as
its own those Findings of Facts as proposed by both parties as they have agreed upon
damages and compensation.
I. Proposed Findings of Fact
A. Procedural History
1. On August 7, 2006, Commonwealth of Pennsylvania, Department of
Transportation ("PennDOT") filed a declaration of taking under the Pennsylvania
Eminent Domain Code to take, among other parcels of real estate, PennDOT Parcel No.
112 (hereinafter the "Subject Property").
2. The Subject Property consists of land formerly used for an outdoor
advertising device (or "billboard") located at the southwest comer of the intersection of
limited access highways, U.S. Route 15 and State Route 581.
3. In the declaration of taking, PennDOT identified the condemnees, "as
their interests may appear," as follows:
a. Mumma Realty Associates ... Attn. Lisa M. Morgan, Esquire
(Reputed Owner);
b. Residuary Trust Under the Will of Robert M. Mumma,
Deceased c/o Lisa M. Morgan, Esquire ... (Reputed
owner); and
c. Kim Company (a Pennsylvania Corporation)[,] Owner of
Record[,] Mailing Address: Robert M. Mumma II, Vice
President[.]
4. Pursuant to an order of the Court issued on February 2, 2007, PennDOT
deposited the sum of $3,900.00 with the Prothonotary as its estimate of just compensation
for the partial taking of the Subject Property. The Court ordered that the deposited funds
-2
be held "until further Order of Court directing full or partial payment to the condemnee
and/or interested parties entitled to it pursuant to ... 26 Pa. C.S. Sections 307, 521 and/or
522, as applicable."
5. In an order issued on February 16,2012, the Court appointed the above -
referenced Board of View ("Board").
6. The Court directed the Board, inter alia, "to ascertain the total amount of just
compensation and damages due with respect to ... Claim No. 2100233000, to determine
whether Kim Company has any interest in the subject Real Estate and if not, to award the
entire amount to Mumma Realty Associates as the sole and exclusive owner of the
property." Id.
7. The Board conducted a View of the Subject Property on November 6, 2013.
8. At the View, the Board was provided with copies of a plan showing the
entire property involved, the extent and nature of the condemnation and other physical
data.
9. Following advance written notification to the condemnees, the Board held an
evidentiary hearing at the Old County Courthouse, Carlisle, Pennsylvania on April 16,2014.
B. Just Compensation and Damages
10. Prior to the hearing, PennDOT reached agreement with Mumma Realty
Associates1 on the following terms of just compensation and damages:
a. Direct damages in the amount of $87,500, less $3,900 already
deposited by the condemnor as estimated just compensation, for
net compensation payable in the amount of $83,600;
-3
b. Delay damages payable on $83,600, calculated from April 25,
2007, the date of PennDOT's Notice to Proceed;
c. $500 for appraisal, attorney and engineering fees, under former 26
P.S. § 1-610; and
d. Waiver of any personal property claim for the loss of the
billboard on the Subject Property.(R.I. 7-8).
11. Jeffrey L . Walters, Mal, testified regarding an appraisal report he prepared
on behalf of Mumma Realty Associates, a copy of which was marked as an exhibit and
admitted into evidence by the Board. (Petitioner's Exhibit 1; R.T. 26, 151).
12. Mr. Walters visited the Subject Property on January 8, 2013. (R.T. 26-27).
13. The effective date of the retrospective appraisal was August 7, 2006, which
was the date PennDOT filed its Declaration of Taking. (R.T. 27).
14. Before the taking, the Subject Property was encumbered by a lease for 14 by
48 foot billboard. (R.T. 28, 40).
15. The highest and best use of the property as improved before the taking was
for use as a billboard site. (R.T. 30; Petitioner's Exhibit 1, p. 7).
1 The agreement by Mumma Realty Associates was authorized by Lisa Mumma
Morgan, in her respective capacities as Trustee of the Residuary Trust U/W Robert M.
Mumma, deceased, majority owner of Mumma Realty Associates; and as president of
Mumma Realty Associates, Inc., manager of the real properties held by Mumma Realty
Associates, as set forth in Part I(C).
-4
16. The billboard was located within the construction area and had to be
removed. (R.T. 38 [representation by PennDOT's counsel]).
17. After construction, a new billboard of any size could not be located on the
Subject Property due to a PennDOT regulation precluding installation of billboards within
500 feet of an off ramp. (R.T. 41; Petitioner's Exhibit 1, pp. 7, 18, see tax maps and
PennDOT plan located between pp. 17-18).2
18. The appraiser concluded that because the Subject Property was encumbered
by a lease for a billboard before the taking, the income approach was the most credible
approach in determining the "before" taking value of the property. (R.T. 28).
19. Using the income approach, the appraiser concluded that the "before"
taking value for the Subject Property, i.e., including the contributory value of the
billboard before it was removed by PennDOT to accommodate the highway
construction, was $90,000. (R.I. 28, 30).
20. The appraiser also concluded that due to the reduction in size of the
Subject Property and because changes in zoning and construction standards would
preclude replacement of the billboard following completion of construction,
2 See 67 Pa. Code§ 445.4(b)(2)("no structure may be erected adjacent to or within 500
feet of an interchange ..., measured along the ... limited access primary from the
beginning or ending of pavement widening at the exit from or entrance to the main -
traveled way."). The entirety of the Subject Property is located within 500 feet of such
point, as shown on the tax maps attached to the appraiser's report.
-5
th e Subject Property had become an "uneconomic remnant."3 (R.I. 28-30, 33,
60; Petitioner's Exhibit 1, pp. 7, 18).
21. The appraiser concluded that the "after" taking value of the Subject
Property, appraised without an income-producing billboard on it, and using the sales
comparison approach to valuation, was $2,500. (R.I. 29,30-31, 50-51; Petitioner's
Exhibit 1, pp. 35, 41-43).
22. The appraiser calculated the damages for the taking, to a reasonable
degree of professional certainty, to be $87,500, comparing the before the "before" and
"after" taking values of the Subject Property. (R.I. 29-31).
23. The appraiser also prepared a separate calculation for the value of the
sign, which he concluded was $45,360, rounded to $46,000, as set forth in an exhibit
admitted into evidence by the Board. (Petitioner's Exhibit 2; R.I. 29, 151).
24. However, the appraiser did not use the replacement cost approach
because the "before" taking land value component of the taking would have been only
$12,000, and because the income approach is the method that any buyer would use.
(R.I.34-35).
'The term "remnant" (as used in the phrase "uneconomic remnant")
was mistakenly transcribed by the court reporter as "revenue".
-6
25. Robert M. Mumma, II, cross-examined Mr. Walters but did not
offer any appraisal. (R.I. 44-55).
C. Distribution of Award
26. On January 30, 1961, the Subject Property was conveyed by Robert M.
Mumma and his wife, Barbara McK. Mumma, to Kim Company in a Deed recorded in
Deed Book D-20 at Page 566 in the Office of the Cumberland County Recorder of
Deeds. (Petitioner's Exhibit 3A).
27. Lisa Mumma Morgan, Trustee of the Residuary Trust U!W Robert M.
Mumma, deceased; and president of Mumma Realty Associates, Inc., testified for
Petitioner.
28. Following the death of Robert M. Mumma in April, 1986, Lisa Morgan
and Barbara McK. Mumma, who were the co-executors of his estate, were advised by
estate counsel to liquidate Kim Company and Pennsylvania Supply Company by the
end of 1986. (RT. 79).
29. The reason for liquidating the companies was to obtain a stepped-up basis
for the properties owned by Kim Company and Pennsylvania Supply Company, and
thereby achieve "huge" tax savings for the Mumma family members. This opportunity
was due to expire at the end of 1986 due to an impending change in the law. (R.T. 79).
30. The co-executors discussed counsel's recommendation with the other
-7
family members and it was agreed to create tenancies in common to hold the
properties, referred to as the fictitious name Mumma Realty Associates and controlled
by written agreements, which tenancies in common would operate like partnerships
by majority rule. (R.T. 80).
31. After discussion and comment, documents were created, signed and
executed, and the companies were liquidated and articles of dissolution were filed on
December 19, 1986, at which point all of the assets of Kim Company and Pennsylvania
Supply Company were drained out of the corporations into tenancies in common. (R.T.
80-87; Petitioner's Exhibits 3B, 3C, 3D).
32. The officers of Kim Company were authorized by unanimous consent of
the directors of the corporation to "perform such acts and to execute and deliver such
documents as may be necessary or appropriate to ... carry out the terms and
purposes of the Plan," including the "Complete Liquidation" (emphasis added) of Kim
Company. (Petitioner's Exhibit 3C).
33. Robert M. Mumma, II, a shareholder of Kim Company who was then
serving as its vice president, joined in signing Unanimous Consent forms consenting
to the dissolution of Kim Company and the liquidation and distribution of all its
assets. (R.T. 82-87; Petitioner's Exhibits 3B, 3C and 3D).
34. On December 10, 1986, a Certificate of Election to Dissolve Kim
Company, signed by Robert M. Mumma, II, Vice President, and Barbara [Mumma]
McClure, Secretary of Kim Company, was filed with the Pennsylvania Secretary of
-8
State. (Petitioner's Exhibit 3D; R.T. 86-87).
35. On December 19, 1986, a Deed was executed by Robert M. Mumma,
II, as Vice President of Kim Company, conveying, inter alia, "all of the properties,
real, personal and mixed" of Kim Company to the former shareholders of that
corporation, as tenants in common using the fictitious name "Mumma Realty
Associates," in proportion to their respective shareholdings of Kim Company.
(Petitioner's Exhibit 3E, emphasis added; R.T. 87).
36. The instrument, recorded in Book 872 at Page 8 et seq. of the records of
the Cumberland County Recorder of Deeds, was referred to as the "Master Deed."
(Petitioner's Exhibit 3E; R.T. 87:9-11).
37. The Master Deed set forth verbatim legal descriptions of various
tracts of real estate conveyed by Kim Company to Mumma Realty Associates.
(Petitioner's Exhibit 3E).
38. The Master Deed was physically assembled by "cutting and pasting" the
various legal descriptions in a hurry due to the impending year-end deadline in
December 1986 for completing the liquidation of Kim Company. (R.I. 91).
39. The various legal descriptions contained in the Master Deed are labeled
"TRACT NO. 1", "TRACT NO. 2," etc., consecutively through "TRACT NO. 47", but
there is a gap in the Master Deed between Tract Nos. 13 and 15. (See Petitioner's Exhibit
3E at pp. 25-27).
40. The intent of the parties as reflected in the granting clause of the Master
-9
Deed was for "all of the properties, real, personal and mixed, of Kim ..., including
ALL THOSE CERTAIN tracts or parcels of land hereinafter more specifically
described ..."to be conveyed to Mumma Realty Associates; the use of the word
"including" after the word "all" in the granting clause was intended to serve as a "catch-
all" in case the legal description of any tract of real estate was inadvertently omitted. (R.I.
90; Petitioner's Exhibit 3E, emphasis added).
41. The legal description for the Subject Property was omitted from the Master
Deed due to inadvertence, but the intent of the parties as reflected in the granting clause
of the Master Deed was for the Subject Property to be conveyed by Kim Company to
Mumma Realty Associates regardless of such omission. (R.I. 91).
42. The intent of the directors and shareholders (to liquidate Kim Company
and convey all of its properties, real, personal and mixed, including the Subject
Property, to the tenants-in-common as Mumma Realty Associates in proportion to their
respective shareholdings of Kim Company) was further evidenced by the execution of a
Bill of Sale and Assignment and Assumption Agreement by all of the directors and
shareholders of Kim Company, including Robert M. Mumma, II. (Petitioner's Exhibit
3F; R T. 92-93).
43. Like the Master Deed, the Bill of Sale and Assignment and
Assumption Agreement expressed the intention of the signatories to convey "all of
the properties, real, personal and mixed, of Kim [Company]" to the family member
former shareholders of that corporation as Mumma Realty Associates. (Petitioner's
Exhibit 3F).
-10
44. All of the Kim Company properties were in fact conveyed to Mumma Realty
Associates. (R.T. 92).
45. On the books and records of the corporation, everything, including the
Subject Property, was moved over to a new general ledger for Mumma Realty Associates;
and financial statements were issued and tax reporting was done on that basis, with K-1
schedules issued to all the tenants-in-common that included a pro rata share of the
billboard income for the subject property. (RT. 91-92).
46. All of the former shareholders of Kim Company, including Robert M.
Mumma, II, signed a document entitled "Mumma Realty Associates -Agreement Among
Tenants in Common" to govern the ownership of assets owned by and the relationships
among the tenants in common after the liquidation. (Petitioner's Exhibit 3G; R T. 93-94).
47. The accountant for Mumma Realty Associates used the acronym "MRA I"
to refer to the Mumma Realty Associates -Agreement Among Tenants in Common among
the former Kim Company properties (hereinafter "MRA I Agreement"), as distinguished
from former Pennsylvania Supply Company properties, because differing percentages
applied to the respective ownership interests of the tenants in common based on their
different percentage interests in the two liquidated corporations. (R.T. 110, 112).
48. The MRA I Agreement recites, and thereby further confirms, that 100% of
the real property estate originally owned by Kim Company, including the Subject
Property, was conveyed to Mumma Realty Associates by the Master Deed. (Petitioner's
Exhibit 3G, p. 1).
49. The respective undivided percentage interests of the individual tenants -in-
-11
common comprising Mumma Realty Associates in the real property conveyed by Kim
Company, including the Subject Property, are set forth in the MRA I Agreement.
(Petitioner's Exhibit 3G,p. 19; R.T. 94).
50. The undivided percentage interest of the Estate of Robert M. Mumma,
deceased, in the Subject Property under the MRA Agreement is 81.82507%.
(Petitioner's Exhibit 3G, p.19; R.T. 94).
51 The undivided percentage interest of Robert M. Mumma, II, in the Subject
Property under the MRA Agreement is 4.24708%. (Petitioner's Exhibit 3G, p. 19; R.T.
94).
52. Procedures were established in the MRA I Agreement for the
management and disposition, by a Manager, of real estate owned by the tenants-in-
common. (Petitioner's Exhibit 3G; R.T. 94-95).
53. The MRA I Agreement provides that a majority -in -interest shall control any
actions that are taken, such as the sale and lease of tenancy -owned property. (R.T. 94-
95).
54. In accordance with the MRA I Agreement, Mumma Realty Associates,
Inc., a corporation, was appointed to serve as Manager for the real estate owned by
Mumma Realty Associates, including the Subject Property. (R.T. 95).
55. Since 1986, Mumma Realty Associates, Inc. has managed all the properties
formerly owned by Kim Company, including the Subject Property, on behalf of the
tenants -in- common. (R.T. 95-96).
56. The property manager, Mumma Realty Associates, Inc., collected rents,
-12
and the income was ultimately distributed to the tenants-in-common on an annual or
biannual basis, less expenses and reserves. (R T. 96).
57. A sworn Out-of-Existence/Withdrawal Affidavit filed with the
Pennsylvania Department of Revenue confirmed that Kim Company "ceased to
transact business in Pennsylvania on or about December 19, 1986, [that] all assets
were sold, assigned or distributed on December 19, 1986, and [that] since that time, the
corporation has not owned any property located in Pennsylvania ..." (Petitioner's
Exhibit 311; R.T. 96-98).
58. A No -lien Certificate filed with the Pennsylvania Department of
Revenue as of September 12, 1997, further confirmed that Kim Company ceased to
actively conduct business. (Petitioner's Exhibit 31; R.T. 98).
59. A Clearance Certificate was issued by the Pennsylvania Department of
Revenue on February 20, 1998, as a result of all the necessary steps being completed
to liquidate and dissolve the corporation, Kim Company. (Petitioner's Exhibit 3J;
R.T. 98-99).
60. Robert M. Mumma, II, acting both individually as a shareholder and in
his capacity as then -vice president of Kim Company, consented to the transfer of all
the Kim Company real estate to Mumma Realty Associates. (Petitioner's Exhibits
3B, 3C, 3D, 3E and 3F).
61. Robert M. Mumma, II, executed a Power of Attorney, dated December
19, 1986, authorizing the other tenants in common of Mumma Realty Associates to
-13
execute deeds or other instruments on his behalf as necessary or desirable to carry out
the purposes of and facilitate actions approved by a majority -in -interest of the
tenants-in-common under the MRA I Agreement. (Petitioner's Exhibit 3K; R.T. 99-
100).
62. Similar Powers of Attorney were required of every tenant in common
under the MRA I Agreement to prevent a minority from frustrating the will of the
majority to effectuate sales and other transactions. (RT. 99-100, 114).
63. The Power of Attorney executed by Robert M. Mumma, II, provides
that it "is coupled with an interest, [and] is irrevocable." (Petitioner's Exhibit 3K).
64. Mumma Realty Associates, Inc., as property manager and agent,
entered into leases with APB Outdoor Advertising Company for use of the billboard
space on the Subject Property from at least June 1, 2000, through the date the
billboard was removed. (Petitioner's Exhibit 3L; R.T. 100-101).
65. Income from the billboard went directly to the account for MRA I.
(R.T. 102).
66. Annually or biannually the tenants-in-common received distributions
based upon income received from all the properties owned by MRA I, less expenses
and reserves, in accordance with their respective ownership interests under the MRA I
Agreement. (R.T. 102).
67. If compensation as determined by the Board in this proceeding is
awarded to Mumma Realty Associates, distribution to the respective tenants in
-14
common will be made, after taxes and expenses, according to their percentages under
the MRA I Agreement. (R.T. 107,115).
68. Robert M. Mumma, II, challenged the MRA I Agreement and the Power
of Attorney in proceedings in the Cumberland County Court of Common Pleas,
docket No. 66 Equity 1988, in which the Court held the MRA I Agreement was
enforceable against the signatory former shareholders of Kim Company upon, and
conclusive of, Robert M. Mumma, II's interest in the former Kim Company properties.
(Petitioner's Exhibit 3M; R.T. 104-105).
69. The Court also upheld the Power of Attorney that Robert M.
Mumma, II, executed. (Petitioner's Exhibit 3M; R.T. 106).
70. The Cumberland County Court's decision was affirmed on appeal to
the Pennsylvania Superior Court and an appeal was denied by the Pennsylvania
Supreme Court. (R.T. 112-113).
71. From December 19, 1986, until the Declaration of Taking was filed in this
matter, Mumma Realty Associates occupied and managed the real estate and otherwise
held itself out and acted, through its Manager Mumma Realty Associates, Inc., as the
owner of the subject property. (R.T. 106-107).
72. At all times relevant to this proceeding, Kim Company has neither
owned any assets nor performed any operations. (R.T. 100).
73. Kim Company was completely liquidated in December 1986, and all the
property, real, personal and mixed, formerly owned by Kim Company was conveyed to
-15
Mumma Realty Associates in December 1986. (R.T. 100).
74. No attorney licensed to practice law appeared at the hearing to
represent the interests of Kim Company, a corporation.
II. Proposed Conclusions of Law
1. The Board is authorized, having been duly appointed by the Court, to hear
and determine the claims of all persons claiming an interest in the Subject Property to
determine "the extent, if any, of each interest in the property and in the award," and to
apportion the total amount of damages between or among the several claimants entitled
to damages. 26 Pa. C.S. §§507(a), 512(8).
2. Mumma Realty Associates is the successor in interest to Kim Company, in
that all the property of Kim Company, real and personal, was conveyed by Kim Company
to Mumma Realty Associates, a tenancy in common, on December 19, 1986.
3. Mumma Realty Associates, notwithstanding any defect that may exist as
to the record title for the Subject Property, is the only party in interest entitled to receive
the award of just compensation, damages, and fees in this matter.
4. Kim Company, having been completely liquidated and dissolved, has no
standing to assert an interest in, or receive, such an award.
5. The highest and best use of the Subject Property as improved, before the
taking, was for use as a billboard site.
6. After the taking, due to the resultant reduction in size of the Subject
Property and the then -applicable highway regulation, 67 Pa. Code§ 445.4(b)(2), use for a
-16
billboard was no longer a legally permitted use of the Subject Property.
7. As a result of the taking, the Subject Property in its entirety
became an uneconomic remnant.
8. In accordance with the stipulation between PennDOT and Mumma Realty
Associates, and the appraisal evidence presented at the hearing, the Board awards the
following as just compensation, damages and fees to Mumma Realty Associates:
a. $3,900 deposited by the condemnor with the Court as
estimated just compensation;
b. Additional net compensation in the amount of $83,600
(direct damages of$87,500, less $3,900 deposit);
c. Delay damages under 26 Pa. C.S. § 713, payable on the sum of
$83,600, calculated from April 25, 2007; and
d. $500 for appraisal, attorney and engineering fees, under former 26
P.S. § 1-610.
9. No additional award for personal property.
Respectfully su
abeth
Board
Gary Sausser, V
er
-17
*
CERTIFICATE OF SERVICE
I, Elizabeth B. Stone, Esquire, as Chairperson for the Board of View, hereby certify
that I have served the foregoing paper upon counsel and parties of record this date by
depositing true and correct copies of the same in the United States mail, first-class postage
prepaid, addressed as follows:
Donald M. Lewis, III Esquire
Keefer Wood Allen & Rahal, LLP
417 Walnut Street, 4th floor
P.O.Box 11963
Harrisburg, PA 17108-1963
Eric J. Jackson, Esquire
Governor's Office of General Counsel
PA Department of Transportation
P. 0. Box 8212
Harrisburg, PA 17105-8212
Robert M. Mumma, II
6880 Southeast Harbor Circle
Stuart, FL 34996
Robert M. Mumma, II
P. 0. Box F
Grantham, PA 17027-0906
LAW OFFICES ABET. = STONE
one, Esquire
Street, Suite 303
C .�"� •ill ' A 17011
1500
Dated: July 1, 2014
IN RE: CONDEMNATION BY THE
COMMONWEALTH DEPARTMENT
OF TRANSPORTATION OF RIGHT
OF WAY FOR STATE ROUTE 0015,
SECTION 006 A LIMITED ACCESS
HIGHWAY IN THE TOWNSHIP
OF UPPER ALLEN
MUMMA REALTY ASSOCIATES,
PETITIONER
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF :
TRANSPORTATION AND ROBERT M. :
MUMMA, II,
RESPONDENTS : 06-4505 CIVIL TERM
ORDER OF COURT
AND NOW, this i tL day of July, 2014, upon consideration of the
invoice and Bill of Costs filed by the Board of View in the above -captioned
matter, the same is APPROVED and the Court Administrator is directed to
facilitate the payment thereof.
By the Court,
i Cumberland County Court Administrator
Elizabeth B. Stone, Esquire
Chairperson Board of View
sal Cop9 Pact IOI 7I�tel�'19
BILL OF COSTS
Docket
161E PROTH iS
`
JUL -7 PM I:22
CUMBERLAND COUNTY
PENNSYLVANIA
The Board of View having performed duties related to its appointment prior to said
decision. An invoice and Bill of Cost is hereby submitted to the Court.
Elizabeth B. Stone, Chairman 7 days @ 375.00 $2,625.00
Postage First Class 12 @ .49 $ 5.88
Postage First Class 12 @ .21 $ 2.52
Postage First Class 2 @ .49 $ 2.45
Postage Mail Report 6 @ $ 1.61
Subtotal $ 2637.46
Gary Sausser, Viewer 5 days @ 250.00 $1250.00
Mileage 42 x3 = 126 x.50 per mile $ 63.00
Subtotal $1313.00
James Sheya, Viewer 5 days @ $250.00
Date:
Date:
T/ -7./y
I/7/tot y
Date: 7
$1250.00
Mileage 42 x3 = 126 x.50 per mile $ 63.00
Subtotal
$1313.00
TOTAL COST $5263.46
///
Elizabet :. to : 'squire
Gary Sausser. V er
ames Sheya,
wer
r�
KEEFER WOOD ALLEN & RAHAL, LLP
Donald M. Lewis III, Esquire
Attorney I.D. No. 58510
417 Walnut Street, 4th Floor
P. O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8038
dlewis@keeferwood.com
IN RE: CONDEMNATION BY THE
COMMONWEALTH DEPARTMENT OF
TRANSPORTATION OF RIGHT OF WAY
FOR STATE ROUTE 0015, SECTION 006,
A LIMITED ACCESS HIGHWAY IN THE
TOWNSHIP OF UPPER ALLEN
Claim No. 2100233000
MUMMA REALTY ASSOCIATES,
Condemnee/Petitioner
v.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION; and ROBERT M.
MUMMA, II,
Respondents
Attorneys for Mumma Realty Associates
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EMINENT DOMAIN
: IN REM
: No. 06 -4505 -CIVIL
PRAECIPE TO MARK DOCKET
TO REFLECT AWARD BY BOARD OF VIEWERS
TO THE PROTHONOTARY:
PLEASE MARK THE DOCKET to reflect the entry of an award in favor of Mumma
Realty Associates in this matter, as set forth on page 17 of the report of the Board of Viewers
filed on July 7, 2014 (copy of page attached as Exhibit A), as follows:
(1) $3,900 deposited by the condemnor with the Court as estimated
just compensation;
(2) Additional net compensation in the amount of $83,600 (direct
damages of $87,500, less $3,900 deposit);.
(3) Delay damages under 26 Pa. C.S. § 713, payable on the sum of
$83,600, calculated from April 25, 2007; and
(4) $500 for appraisal, attorney and engineering fees, under former 26
P.S. § 1-610.
Respectfully submitted,
KEEFER WOOD ALLEN & RAHAL, LLP
Dated: August 25, 2014 By
-2-
onald M. Lewis III
417 Walnut Street
P. O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8038
Attorneys for Condemnee Mumma Realty
Associates
billboard was no longer a legally permitted use of the Subject Property.
7. As a result of the taking, the Subject Property in its entirety
became an uneconomic remnant.
8. In accordance with the stipulation between PennDOT and Mumma Realty
Associates, and the appraisal evidence presented at the hearing, the Board awards the
following as just compensation, damages and fees to Mumma Realty Associates:
a. $3,900 deposited by the condemnor with the Court as
estimated just compensation;
b. Additional net compensation in the amount of $83,600
(direct damages of$87,500, less $3,900 deposit);
c. Delay damages under 26 Pa. C.S. § 713, payable on the sum of
$83,600, calculated from April 25, 2007; and
d. $500 for appraisal, attorney and engineering fees, under former 26
P.S. § 1-610.
9. No additional award for personal property.
Respectfully submitted,
Elizabe
Boa
squire
airperson
Gary Sausser,
wer
es Sheya,
-17
er
EXHIBIT A
CERTIFICATE OF SERVICE
I, Donald M. Lewis III, Esquire, one of the attorneys for condemnee, Mumma Realty
Associates, hereby certify that I have served the foregoing paper upon counsel and parties of
record this date by depositing true and correct copies of the same in the United States mail, first-
class postage prepaid, addressed as follows:
Eric J. Jackson, Esquire
Governor's Office of General Counsel
PA Department of Transportation
P. O. Box 8212
Harrisburg, PA 17105-8212
Robert M. Mumma, II
6880 Southeast Harbor Circle
Stuart, FL 34996
Robert M. Mumma, II
P. O. Box F
Grantham, PA 17027-0906
KEEFER WOOD ALLEN & RAHAL, LLP
By �s
d M. Lewis III
Dated: August 25, 2014
KEEFER WOOD ALLEN & RAHAL, LLP
Donald M. Lewis III, Esquire
Attorney I.D. No. 58510
417 Walnut Street, 4th Floor
P. 0. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8038
dlewis@keeferwood.com
IN RE: CONDEMNATION BY THE
COMMONWEALTH DEPARTMENT OF
TRANSPORTATION OF RIGHT OF WAY
FOR STATE ROUTE 0015, SECTION 006,
A LIMITED ACCESS HIGHWAY IN THE
TOWNSHIP OF UPPER ALLEN
Claim No. 2100233000
MUMMA REALTY ASSOCIATES,
Condemnee/Petitioner
V.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION; and ROBERT M.
MUMMA, II,
Respondents
FitED-OFFiCE.:
THE PROTHONO TArci
2iii4 SEP 29 PM 3: 06
CUMBERLAND COUNTY
PENNSYLVANIA
Attorneys for petitioner Mumma Realty Associates
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EMINENT DOMAIN
: IN REM
: No. 06 -4505 -CIVIL
PRAECIPE FOR ENTRY OF FINAL JUDGMENT
TO THE PROTHONOTARY:
In accordance with the award in favor of Mumma Realty Associates in this matter, as set
forth in the report of the Board of Viewers dated July 7, 2014, and entered on the docket herein
on September 26, 2014; and Section 516(a)(3) of the Eminent Domain Code, 26 Pa. C.S. §
516(a)(3), which provides that "[a]ny award of damages . . as to which no appeal is taken shall
ata 16.56 °Ai
'15Wo'
become final as of course and shall constitute a final judgment," please enter a final judgment in
favor of Mumma Realty Associates on the docket of this matter, as follows:
(1) $3,900 deposited by the condemnor with the Court as estimated
just compensation;
(2) Additional net compensation in the amount of $83,600 (direct
damages of $87,500, less $3,900 deposit);
(3) Delay damages under 26 Pa. C.S. § 713, payable on the sum of
$83,600, calculated from April 25, 2007; and
(4) $500 for appraisal, attorney and engineering fees, under former 26
P.S. § 1-610.
Respectfully submitted,
KEEFER WOOD ALLEN & RAHAL, LLP
Dated: September 26, 2014 By
-2-
nald M. Lewis III
AID # 58510
417 Walnut Street
P. O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8038
Attorneys for Condemnee Mumma Realty
Associates
.5 5
CERTIFICATE OF SERVICE
I, Donald M. Lewis III, Esquire, one of the attorneys for condemnee, Mumma Realty
Associates, hereby certify that I have served the foregoing paper upon counsel and parties of
record this date by depositing true and correct copies of the same in the United States mail, first-
class postage prepaid, addressed as follows:
Dated: September 26, 2014
Eric J. Jackson, Esquire
Governor's Office of General Counsel
PA Department of Transportation
P. 0. Box 8212
Harrisburg, PA 17105-8212
Robert M. Mumma, II
6880 Southeast Harbor Circle
Stuart, FL 34996
Robert M. Mumma, H
P. O. Box F
Grantham, PA 17027-0906
KEEFER WOOD ALLEN & RAHAL, LLP
IN RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS OF
COMMONWEALTH DEPARTMENT OF : CUMBERLAND COUNTY, PENNSYLVANIA
TRANSPORTATION OF RIGHT OF WAY FOR
STATE ROUTE 0015, SECTION 006, A LIMITED : EMINENT DOMAIN
ACCESS HIGHWAY IN THE TOWNSHIP OF
UPPER ALLEN : IN REM
Claim No. 2100233000
MUMMA REALTY ASSOCIATES, : No. 06 -4505 -CIVIL
Condemnee/Petitioner
V.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION; and
ROBERT M. MUMMA, II,
Respondents
NOTICE
TO: COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION
and ROBERT M. MUMMA, II
You are hereby notified that on 9 , 2014, the following Judgment has been entered
against you in the above -captioned case:
$3,900 deposited by the condemnor with the Court as estimated just
compensation;
(2) Additional net compensation in the amount of $83,600 (direct damages of
$87,500, less $3,900 deposit);
(3)
Delay damages under 26 Pa. C.S. § 713, payable on the sum of $83,600,
calculated from April 25, 2007; and
(4) $500 for appraisal, attorney and engineering fees,
Date: 3eJ21 gq , 2014
er 26 P.
onotary
I hereby certify that the names and addresses of the persons to receive this notice are:
PA Department of Transportation
do Eric J. Jackson, Esquire
Governor's Office of General Counsel
P. O. Box 8212
Harrisburg, PA 17105-8212
Robert M. Mumma, II
6880 Southeast Harbor Circle
Stuart, FL 34996
Robert M. Mumma, II
P. 0. Box F
Grantham, PA 17027-0906
KEEFER WOOD ALLEN & RAHAL, LLP
Dated: September 26, 2014 By
na d
PA 58510
abutStreet, 4th Floor
P. O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8038
Attorneys for ConclemnepiPpriti.,.
KEEFER WOOD ALLEN & RAHAL, LLP
Donald M. Lewis III, Esquire
Attorney I.D. No. 58510
417 Walnut Street, 4th Floor
P. 0. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8038
dlewis@keeferwood.com
IN RE: CONDEMNATION BY THE
COMMONWEALTH DEPARTMENT OF
TRANSPORTATION OF RIGHT OF WAY
FOR STATE ROUTE 0015, SECTION 006,
A LIMITED ACCESS HIGHWAY IN THE
TOWNSHIP OF UPPER ALLEN
Claim No. 2100233000
MUMMA REALTY ASSOCIATES,
Condemnee/Petitioner
v.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION; and ROBERT M.
MUMMA, II,
23 ill 0CT I PM 3:
c:Th
CUMBERLAND COUNTY
PENNSYLVANIA
Attorneys for petitioner Mumma Realty Associates
IN THE COURTOF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EMINENT DOMAIN
: IN REM
: No. 06 -4505 -CIVIL
Respondents
PRAECIPE TO AMEND NOTICE OF JUDGMENT
TO THE PROTHONOTARY:
Please issue the attached amended Notice of Judgment to the following persons:
PA Department of Transportation
c/o Eric J. Jackson, Esquire
Governor's Office of General Counsel
P. O. Box 8212
Harrisburg, PA 17105-8212
Robert M. Mumma, II
6880 Southeast Harbor Circle
Stuart, FL 34996
Robert M. Mumma, II
P. O. Box F
Grantham, PA 17027-0906
Respectfully submitted,
KEEFER WOOD ALLEN & RAHAL, LLP
Dated: October 1, 2014 By
CERTIFICATE OF SERVICE
I, Donald M. Lewis III, Esquire, one of the attorneys for condemnee, Mumma Realty
Associates, hereby certify that I have served the foregoing paper upon counsel and parties of
record this date by depositing true and correct copies of the same in the United States mail, first-
class postage prepaid, addressed as follows:
Eric J. Jackson, Esquire
Governor's Office of General Counsel
PA Department of Transportation
P. 0. Box 8212
Harrisburg, PA 17105-8212
Robert M. Mumma, II
6880 Southeast Harbor Circle
Stuart, FL 34996
Robert M. Mumma, II
P. O. Box F
Grantham, PA 17027-0906
KEEFER WOOD ALLEN & RAHAL, LLP
Dated: October 1, 2014
IN RE: CONDEMNATION BY THE
COMMONWEALTH DEPARTMENT OF
TRANSPORTATION OF RIGHT OF WAY FOR
STATE ROUTE 0015, SECTION 006, A LIMITED EMINENT DOMAIN
ACCESS HIGHWAY IN THE TOWNSHIP OF
UPPER ALLEN IN REM
Claim No. 2100233000
MUMMA REALTY ASSOCIATES, No. 06 -4505 -CIVIL
Condemnee/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION; and
ROBERT M. MUMMA, II,
Respondents
AMENDED NOTICE OF JUDGMENT
TO: COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Condemnor,
and ROBERT M. MUMMA, II, Respondent
-4)
You are hereby notified that on September 29, 2014, the following Judgment was entered in favor of
Mumma Realty Associates, payable by Condemnor, Commonwealth of Pennsylvania, Department of Transportation,
only to Mumma Realty Associates as the sole Condemnee entitled to receive the following award:
Date:
(1)
$3,900 deposited by the condemnor with the Court as estimated just
compensation;
(2) Additional net compensation in the amount of $83,600 (direct damages of
$87,500, less $3,900 deposit);
(3)
Delay damages under 26 Pa. C.S. § 713, payable on the sum of $83,600,
calculated from April 25, 2007; and
(4) $500 for appraisal, attorney and engineering fees, t der fo E' r 2. P... ; 1-610.
% , 2014
I hereby certify that the names and addresses of the persons to receive this notice are:
PA Department of Transportation
c/o Eric J. Jackson, Esquire
Governor's Office of General Counsel
P. O. Box 8212
Harrisburg, PA 17105-8212
Dated: October 1, 2014
/'so .4
/e. 3 // .29
Robert M. Mumma, II
6880 Southeast Harbor Circle
Stuart, FL 34996
Robert M. Mumma, I1
P. O. Box F
Grantham, PA 17027-0906
KEEFER WOOD ALLEN & RAHAL. LLP
By
, PA 58510
417 Walnut Street, 4`h Floor
P. O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8038
Attorneys for Condemnee/Petitioner