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Home My WebLink About06-5790 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. 0".... ~7q 6 C 1 v,1 +~fA EMINENT DOMAIN PROCEEDING IN REM DECLARATION OF TAKING TO THE HONORABLE, THE JUDGES OF THE SAID COURT: This Declaration of Taking, based on the provisions of Chapter 3, Section 302, of the Eminent Domain Code, 26 Pa. C. S. ~302, 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. (a) 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. (b) The Department is further authorized by the provisions of ~2003(e), in particular, subsection (2)(ii), 71 P. S. ~513(e)(2)(ii), to acquire land abutting a highway or other transportation facility if the Secretary determines such land is required for the purpose of mitigating adverse effects on other land adversely affected by its proximity to such highway or other transportation facility. 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 RJW in Cumberland County, and State Route 0015 Section 006 RJW, and State Route 0581 Section 005 RJW and State Route 2014 Section 006 RJW, 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. The aforesaid plan was revised and reauthorized by signature of the Secretary of Transportation on June 7, 2006, a copy of which plan was filed in the aforesaid County Recorder's Office in Cabinet 3, Drawer 1, at page 174, on June 20, 2006. The aforesaid plan was subsequently revised and reauthorized by signature of the Secretary of Transportation on August 16, 2006, a copy of which plan was filed in the aforesaid County Recorder's Office in Cabinet 3, Drawer 1, at page 178, on August 18, 2006. The aforesaid plan was further revised and reauthorized by signature of the Secretary of Transportation on September 22, 2006, a copy of which plan was filed in the aforesaid County Recorder's Office in Cabinet 3, Drawer 1, at page 179, on September 27, 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 III 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, underground support structure easements, and temporary construction easements. 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, underground support structure easements, and temporary construction easements are hereby condemned from the properties identified on the attached Schedule of Property Condemned, as indicated on the plans referenced in paragraph 7 above. G~~/Fat, P. E. Chief, Utilities and Right-of-Way Section IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 - 5710 ci..l;1 -r-UI"- 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, RIW Supreme Court ID Number 44699 Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P. O. Box 8212 Harrisburg PA 17105-8212 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. () fa - 5790 C I Jd +er~ 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, RIW, Office of Chief Counsel, Department of Transportation, P. O. Box 8212, Harrisburg PA 17105-8212, as attorney for the Commonwealth of Pennsylvania, Department of Transportation, Condemnor in the above-ca tioned proceedings. Dated: }O.).. 06 ~;:5 ~~ ~~ ...:1m P-4Z Zz o~ ::gP-4 ::g ~ o~ Us ~o E-4u ~o oj u~ ~~ ::C:P=l ~~ I-!u ~ +- ~ - \) <::) ~ " In \ -.9 '(:) o Z ;:5~ ~~ ~o~z~ HI-! I-!...:I ~;>-t~ OZ~H P=lmE-4~ ......< Z~o~o8~~ o ,,_, ~ E-4 ~ ~ 1-!-P-4........u'-'> E-4P-4m<~I-!;;;> ~~~~m~::C:3 lo::lo~ I 1O~~ ~::C:E-4~8~O OE-4~IOUP-4 Z~o~~~=a 8~~950m ~~~~~~~ ~~~o~~~ ~::g~ E~~ OP-4 m<.:..... u~ t:"'"' ~O ::c: E-4 ~ ; ~ P-4 ~ ~ ~ ~ ~ o E-4 ~ P-4 I-! U ~ P-4 ~ ~ o C'l tv) ~ <:::J 'l5 0) ..... iZ '-' ~ ~ P-4 ~I - ~ < I .~ I:: I:: 0 a:l ..... >~ ..... a:l >.~ rt.l I-< I:: 0 I:: g- O) I:: P-4 a:l ~ I-< oE-4 ..c:~ ~ 0 ~~ 0) I:: ~ 0) 1::.5 o I-< S a:l S g- oO U 00 C'l .-1 C'l~ .-1~ al C'loo rt.l 001:"- I:: C'l J:, ,-.. ::1--,01:"- Or-".-1.-1 UC'l1:"-1:"- ~00.-1'--' .~ ~ < ~ ..c:P=lP-4..g U ...." ~ c.o 0 ~ ::1 . ::1Z ~P-4~ 0) IE '8 S o a:l ..c: ::c:g- ..... 0) E-4 . . Page 1 of 1 ROW OFFICE PROJ. NO. 080153 COUNTY Cumberland S.R. - SECTION 0015-006 MUNICIPALITY Lower Allen Township SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) .TYPE OF TAKE PT - Partial Take TT- Total Take .. '".TYPE OF DESCRIPTION D- Deed Description P- Plan lodged for recording with Notice of Condemnation R- Plan now recorded in Recorder's Office RW-437 (9/06) COMMONWEAL TH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Name, Property Interest of Attached . Condemnees, Mailing Address, Exhibit Type of and Location of Condemned Number .. Plan (if any) Parcel Claim Type of No. Number Take Prouerty (if any) Description Recorded in 42 2100207000 PI William T. Kirchoff, William C. Kollas R Cumberland and Dianne L. Kollas*, David Lee County Manley Recorder of Deeds * Dianne L. Kollas not shown as owner Cabinet 3, on the plan Drawer 1, Page 179, Mailing Address: Sheet 150 1104 Femwood Avenue # 1 04 Camp Hill, P A 17011 Location of Property: Deed Book 132 Page 339 Deed Book 204 Page 249 AS THEIR INTERESTS MAY APPEAR 293 2100380000 PI Lower Allen Township R Cumberland County Mailing Address: Recorder of John T. Titzel, President Deeds Board of Commissioners Cabinet 3, 1993 Hummel Avenue Drawer 1, Camp Hill, PA 17011-5938 Page 179, Sheets 53A, Location of Property: 96, and 207 Station 21+15L to Station 23+80L Zimmerman Drive "" c;::::> 0 ~,:,:> ~-::.:r ..... -n ~ ~, c:::> :I! C'J ~ ~ --',j nl~ I ..n w C;::'l ~ r- . \ c::) -,-, II (J..) ~ -11 --~ ':'5 -'. -..I ,~j;T) ~ :::::-l (J,) ..-....., "" ::u ....c.. ~ o. -< RW-432M (9/06) . ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMON- WEALTH 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. 06-5790 CIVIL TERM, 2006 EMINENT DOMAIN PROCEEDINGS MEMORANDUM TO PROTHONOTARY You are hereby informed that notice ofthe condemnation effected by the Declaration of Taking filed to the above term and number on October 3, 2006, was recorded in the office of the Recorder of Deeds of the above county in Misc. Book 0730 page 4560. The condemnation book and page number, file number, or microfilm number of any plot plan filed or microfilmed separately from the said Notice of Condemnation is shown on the list of property condemned, which is attached hereto. Commonwealth of Pennsylvania Department of Transportation By: A-rd -B DISTRICT RlGHT-OF- ENGINEERING DISTRICT 8-0 . , ~.. RW-437 (9/06) CoK{J~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTA nON SCHEDULEOFPROPERTYCONDE~D (Declaration of Taking) Page 1 of 1 ROW OFFICE PROJ, NO, 080153 COUNTY Cumberland S.R, - SECTION 0015-006 MUNICIPALITY Lower Allen Township "TYPE OF TAKE PT - Partial Take TT - Total Take TYPE OF DESCRIPTION D- Deed Description P- Plan lodged for recording with Notice of Condemnation R- Plan now recorded in Recorder's Office Name, Property Interest of Attached * Condemnees, Mailing Address, Exhibit Type Claim of and Location of Condemned Number ** Plan (if any) Parcel Type of No. Number Take Property (if any) Description Recorded in 42 2100207000 PT William T. Kirchoff, William C. Kollas R Cumberland and Dianne L. Kollas*, David Lee County Manley Recorder of Deeds * Dianne L. Kollas not shown as owner Cabinet 3, on the plan Drawer 1, Page 179, Mailing Address: Sheet 150 1104 Fernwood Avenue #104 Camp Hill, PA 17011 Location of Property: Deed Book 132 Page 339 Deed Book 204 Page 249 AS THEIR INTERESTS MAY APPEAR 293 210038??oo PT Lower Allen Township R Cumberland County Mailing Address: Recorder of John T. Titzel, President Deeds Board of Commissioners Cabinet 3, 1993 Hummel A venue Drawer 1, Camp Hill, PA 17011-5938 Page 179, Sheets 53A, Location of Property: 96, and 207 Station 21+15L to Station 23+80L Zimmerman Drive ~~ ,::.:;> C)~... .~ -.....-.1 -n o \') c.Ji (;.~J .1'=-~ 'p '..c.: . RW-432 (9/06) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 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. 06-5790 CNIL TERM, 2006 EMINENT DOMAIN PROCEEDING IN REM PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF CUMBERLAND 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 October 5, 2006, notice of the filing of the declaration of taking in the above matter was served on the condemnees affected thereby in compliance with Chapter 3, Section 305, of the Eminent Domain Code. Schedules of the condemnees, mortgagees of record, and lienholders of record notified are attached hereto and made part hereof. COMMONWEALTl-I OF PENNSYLVANIA Notarial Seal Bernard J. Kametz. Notary Pub"c Camp Hill Boro, Cumberland County My COmmission Expires Apr 7. 2007 Member, pennsylVania Association of Notaries My Commission Expires: Attachments: RW-437, Schedule of Property Condemned RW-432ML, Schedule of Mortgagees and Lienholders .. Page 1 of 1 ROW OFFICE PRO}, NO. 080153 COUNTY Cumberland S,R. - SECTION 0015-006 MUNICIPALITY Lower Allen TO\\o1lship SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) wTYPEOFTAKE PT- Partial Take IT-Total Take .. --TYPE OF DESCRIPTION D- Deed Description p. Plan lodged for recording with Notice of Condemnation R- Plan now recorded in Recorder's Office RW-437 (9/06) COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION Name, Property Interest of Attached *Type Condemnees, Mailing Address, Exhibit Parcel Claim of and Location of Condemned Number **Type of Plan (if any) No. Number Take Property (if any) Description Recorded in 42 2100207000 PT William T. Kirchoff, William C. Kollas R Cumberland and *Dianne L. Kollas, David Lee County Manley Recorder of Deeds * Dianne L. Kollas not shown as owner Cabinet 3, on the plan Drawer 1, Page 172 and Mailing Address: Page 179 1104 Femwood Avenue #104 Sheets 150 and Camp Hill, PA 17011 151 Location of Property: Deed Book 132 Page 339 Deed Book 204 Page 249 As Their Interest May Appear 293 2100380000 PT Lower Allen Township R Cumberland County Mailing Address: Recorder of John T. Titze1, President Deeds Board of Commissioners Cabinet 3, 1993 Hummel A venue Drawer 1, Camp Hill, PA 17011-5938 Page 179 Sheets 53A, 96 Location of Property: and 207 Station 21 + 15L to Station 23+80L Zimmerman Drive . .. Page 1 of 1 RW-432ML (9/06) COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF TRANSPORTATION SCHEDULE OF MORTGAGEES & LIENHOLDERS ROW OFFICE PROJ. NO, 080153 ROW OFFICE DT NO, 8015303 COUNTY Cumberland S,R. - SECTION 0015-006 MUNICIPALITY Lower Allen Township Claim Parcel No. Number Name and Mailing Address of Mort2a2ee and/or Leinholder 42 2100207000 Dauphin Deposit Bank and Trust Company 3045 Market Street Camp Hill, PA 17011 o c ~ r"? :.:.;,-) ~....... o C-), -\ N (') ,I --I :!: -" ;-np Cr'i ,- 'r ( \.f) ) ':,\ -T~ '..J::} --, r....;