HomeMy WebLinkAbout06-6087IN 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,
LIMITED ACCESS IN THE
TOWNSHIPS OF LOWER ALLEN
AND HAMDEN
NO. 0 G- 6 6 9-1 C,?,4 7r,
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. 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. The aforesaid plan was reauthorized and revised 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.
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, excepting and
reserving therefrom on parcel 52 an easement for its facilities to Verizon Pennsylvania,
Inc., successor in interest to The Bell Telephone Company of Pennsylvania, as
established by unrecorded agreements dated January 21, 1964, and February S, 1964; all
real property rights pertaining to the advertising device shown on parcel 88; drainage
easements; aerial 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, 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.
Page 1 of 4
COMMONWEALTH OF PENNSYLVANIA
RW-437 (9/06) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
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
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
Type Condemnees, Mailing Address, Exhibit
Parcel Claim of and Location of Condemned Number '"Type of
No. Number Take Property an) Description
52 2100212000 PT Elizabeth A. Grace, a Married Woman _
R
Mailing Address:
PO Box 301
New Cumberland, PA 17070-0301
Location of Property:
Deed Book 250 Page 1280
87 2100228000 PT PPL Electric Utilities Corporation, R
F/K/A PP&L, Inc.,
F/K/A Pennsylvania Power & Light
Company
Mailing Address:
William F. Hecht, Chairman
2 North Ninth Street
Allentown, PA 18101-1179
Location of Property:
Deed Book G15 Page 1
Plan (if any)
Recorded in
Cumberland
County
Recorder of
Deeds -
Cabinet 3,
Drawer 1,
Page 172
Sheet 155
Cumberland
County
Recorder of
Deeds -
Cabinet 3,
Drawer 1,
Page 172
Sheet 172
Page 2 of 4
COMMONWEALTH OF PENNSYLVANIA
RW-437 (9/06) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
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
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
Type Condemnees, Mailing Address, Exhibit
Parcel Claim of and Location of Condemned Number "Type of Plan (if any)
No. Number Take Pro rt (if an) Description Recorded in
88 2100229000 PT George G. Forbes, II R Cumberland
County
Mailing Address: Recorder of
3400 Hartzdale Drive Deeds -
Camp Hill, PA 17011 Cabinet 3,
Drawer 1,
Location of Property: Page 172
Deed Book 175 Page 725* Sheet 173
*Recorded 4/26/1998.
Plan Sheet in error.
2100229001 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,
Tenant - Outdoor Advertising Device Page 172
Sheet 173
Mailing Address:
5551 Corporate Boulevard, Suite 2-A
Baton Rouge, LA 70808
Location of Property:
Deed book 175 Page 725*
As Their Interest May Appear
Page 3 of 4
COMMONWEALTH OF PENNSYLVANIA
RW-437 (9/06) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
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
D- Deed Description
P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
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 an) Description Recorded in
192 2100247000 PT Lamar Advantage GP Company, LLC, R Cumberland
survivor after merger with Lamar County Recorder
Whiteco Outdoor Corporation, successor of Deeds -
in interest to Chancellor Media Whiteco Cabinet 3,
Outdoor Corporation* Drawer 1, Page
Kevin Reilly, CEO 172 Sheet 171
Mailing Address:
5551 Corporate Boulevard, Suite 2-A
Baton Rouge, LA 70808
Location of Property:
Deed Book 192 Page 702
* Owner not the same as shown on plan
due to merger.
Page 4 of 4
COMMONWEALTH OF PENNSYLVANIA
RW-437 (9/06) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROJ. NO. 080153
COUNTY Cumberland
S.R. - SECTION 0015-006
MUNICIPALITY Lower Allen Township
Parcel
No.
277
Claim
Number
2100280000
*Type
of
Take
PT
'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
Name, Property Interest of Attached
Condemnees, Mailing Address, Exhibit
and Location of Condemned Number `sType of
3451 Associates Joint Venture,
Composed of AG Associates, a
Pennsylvania General Partnership and
SERR Associates, a Pennsylvania
General Partnership
Mailing Address:
SERR Associates
2205 North Front Street
Harrisburg, PA 17110-1147
Stanley D. Adler, Jr., General Partner
AG Associates
1000 North Front Street, Suite 500
Wormleysburg, PA 17043-1034
Alexander Grass, General Partner
Location of Property:
Deed Book L33 Page 1144
2100280001
PT
Mid-South Building Supply, Inc.
(Tenant)
Mailing Address:
7940 Woodruff Court
Springfield, VA 22151
Greg Mutchler, V.P., Finance
As Their Interests May Appear
R
R
Plan (if any)
Recorded in
Cumberland
County
Recorder of
Deeds -
Cabinet 3,
Drawer 1,
Page 172
Sheet 202
Cumberland
County
Recorder of
Deeds -
Cabinet 3,
Drawer 1,
Page 172
Sheet 202
WHEREFORE, fee simple title, excepting and reserving therefrom on parcel 52 an
easement for its facilities to Verizon Pennsylvania, Inc., successor in interest to The Bell
Telephone Company of Pennsylvania; all real property rights pertaining to the advertising
device shown on parcel 88; drainage easements; aerial 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.
C- ..__
Gary C. Fawve P. E.
Chief, Utilities 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,
LIMITED ACCESS IN THE TOWNSHIPS OF
LOWER ALLEN AND HAMPDEN
DECLARATION OF TAKING
Christopher J. Clements
Assistant Counsel in-Charge, R/W
ID No. 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 THE RIGHT-OF-WAY FOR
STATE ROUTE 0015, SECTION 006,
LIMITED ACCESS IN THE
TOWNSHIPS OF LOWER ALLEN AND
HAMPDEN
NO.
EMINENT DOMAIN PROCEEDING
IN REM
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY OF SAID COURT:
Please enter the appearance of Christopher J. Clements, Assistant Counsel in-Charge,
R/W, Office of Chief Counsel, Department of Transportation, P.O. Box 8212, Harrisburg, PA
17105-8212, as attorney for the Commonwealth of Pennsylvania, Department of Transportation,
Condemnor in the above-captioned proceedings.
Dated: J o - 10-06
Assistant Counsel in-Charge, R/W
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RW-432M (9/06)
i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE COMMON- NO. 6087 CIVIL TERM, 2006
WEALTH OF PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION, OF RIGHT-OF-WAY
FOR STATE ROUTE 0015 SECTION 006,
LIMITED ACCESS IN THE TOWNSHIPS OF
LOWER ALLEN AND HAMPDEN
: EMINENT DOMAIN PROCEEDINGS
MEMORANDUM TO PROTHONOTARY
You are hereby informed that notice of the condemnation effected by the Declaration of Taking filed to the
above term and number on October 18, 2006 was recorded in the office of the Recorder of Deeds of the
above county in Book 731 page 1315. 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:
DISTRICT RIGHT- -WAY ADMINISTRATOR
ENGINEERING DI RICT 8-0
COMMONWEALTH OF PENNSYLVANIA
R W •437 (9/06) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROD. NO. 080153
COUNTY Cumberland
S.R. - SECTION 0015-006
MUNICIPALITY Lower Allen Township
Page 1 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
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
52 2100212000 PT Elizabeth A. Grace, a Married Woman R Cumberland
County
Mailing Address: Recorder of
PO Box 301 Deeds -
New Cumberland, PA 17070-0301 Cabinet 3,
Drawer 1,
Location of Property: Page 172
Deed Book 250 Page 1280 Sheet 155
87 2100228000 PT PPL Electric Utilities Corporation, R Cumberland
F/K/A PP&L, Inc., County
F/K/A Pennsylvania Power & Light Recorder of
Company Deeds-
Cabinet 3,
Mailing Address: Drawer 1,
William F. Hecht, Chairman Page 172
2 North Ninth Street Sheet 172
Allentown, PA 18101-1179
Location of Property:
Deed Book G15 Page 1
Page 2 of 4
COMMONWEALTH OF PENNSYLVANIA
R W-437 (9106) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking) 5
ROW OFFICE PROD. NO. 080153
COUNTY Cumberland
S.R. - SECTION 0015-006
MUNICIPALM 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
{
1
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
88 2100229000 PT George G. Forbes, II R Cumberland
County
Mailing Address: Recorder of
3400 Hartzdale Drive Deeds -
I Camp Hill, PA 17011 Cabinet 3,
Drawer 1,
Location of Property: Page 172
Deed Book 175 Page 725* Sheet 173
*Recorded 4/26/1998.
Plan Sheet in error.
C
2100229001
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
Tenant - Outdoor Advertising Device Sheet 173
Mailing Address:
5551 Corporate Boulevard, Suite 2-A
f Baton Rouge, LA 70808
Location of Property:
Deed book 175 Page 725*
As Their Interest May Appear
RW-437 (9/06)
C.A0 MPLCI-et>
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROJ. NO. 080153
COUNTY Cumberland
S.R. - SECTION 0015-006
MUNICIPALITY Lower Allen Township
Page 3 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
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
192 2100247000 PT Lamar Advantage GP Company, LLC, R Cumberland
survivor after merger with Lamar County Recorder
Whiteco Outdoor Corporation, successor of Deeds -
in interest to Chancellor Media Whiteco Cabinet 3,
Outdoor Corporation* Drawer 1, Page
Kevin Reilly, CEO 172 Sheet 171
Mailing Address:
5551 Corporate Boulevard, Suite 2-A
Baton Rouge, LA 70808
Location of Property:
Deed Book 192 Page 702
* Owner not the same as shown on plan
due to merger.
Page 4 of 4
COMMONWEALTH OF PENNSYLVANIA
R W -437 (9/06) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE 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
277 2100280000 PT 3451 Associates Joint Venture, R Cumberland
Composed of AG Associates, a County
Pennsylvania General Partnership and Recorder of
SERR Associates, a Pennsylvania Deeds-
General Partnership Cabinet 3,
Drawer 1,
Mailing Address: Page 172
SERR Associates Sheet 202
2205 North Front Street
Harrisburg, PA 17110-1147
Stanley D. Adler, Jr., General Partner
AG Associates
1000 North Front Street, Suite 500
Wormleysburg, PA 17043-1034
Alexander Grass, General Partner
Location of Property:
Deed Book L33 Page 1144
2 1 002 8000 1 PT Mid-South Building Supply, Inc. R Cumberland
(Tenant) County
Mailing Address: Recorder of
7940 Woodruff Court Deeds -
Springfield, VA 22151 Cabinet 3,
Greg Mutchler, V,P., Finance Drawer 1,
Page 172
As Their Interests May Appear Sheet 202
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RW-432 (9/06)
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
IN THE TOWNSHIPS OF LOWER ALLEN AND
HAMPDEN
: NO. 6087 CIVIL 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 November 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 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.
District Right- ay Administrator
Sworn to and subscribed before me
N ry Public COMMONWEALTH OF PENNSYLVANIA
Notarial SeAl
Bernard J. Kametz, Notary Public
My Commission Expires: Camp Hill Boro, Cumberland County
My Commission Expires Apr. 7, 2007
Member, Pennsylvania Association of Notaries
Attachments: RW-437, Schedule of Property Condemned
RW-432ML, Schedule of Mortgagees and Lienholders
Page 1 of 4
COMMONWEALTH OF PENNSYLVANIA
RW-437 &06) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROJ. 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
an)
"Type of
Description
Plan (if any)
Recorded in
52 2100212000 PT Elizabeth A. Grace, a Married Woman R Cumberland
County
Mailing Address: Recorder of
PO Box 301 Deeds -
New Cumberland, PA 17070-0301 Cabinet 3,
Drawer 1,
Location of Property: Page 172
Deed Book 250 Page 1280 Sheet 155
87 2100228000 PT PPL Electric Utilities Corporation, R Cumberland
FWA PP&L, Inc., County
FWA Pennsylvania Power & Light Recorder of
Company Deeds -
Cabinet 3,
Mailing Address: Drawer 1,
William F. Hecht, Chairman Page 172
2 North Ninth Street Sheet 172
Allentown, PA 18101-1179
Location of Property:
Deed Book G15 Page 1
S
Page 2 of 4
RW-437 (9/06)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROJ. 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
88 2100229000 PT George G. Forbes, II R Cumberland
County
Mailing Address: Recorder of
3400 Hartzdale Drive Deeds -
Camp Hill, PA 17011 Cabinet 3,
Drawer 1,
Location of Property: Page 172
Deed Book 175 Page 725* Sheet 173
*Recorded 4/26/1998.
Plan Sheet in error.
2100229001 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
Tenant - Outdoor Advertising Device Sheet 173
Mailing Address:
5551 Corporate Boulevard, Suite 2-A
Baton Rouge, LA 70808
Location of Property:
Deed book 175 Page 725*
As Their Interest May Appear
411
RW-437 (9/06)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
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
Page 3 of 4
E
D- Deed Description
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
an)
**Type of
Description
Plan (if any)
Recorded in
192 2100247000 PT Lamar Advantage GP Company, LLC, R Cumberland
survivor after merger with Lamar County Recorder
Whiteco Outdoor Corporation, successor of Deeds -
in interest to Chancellor Media Whiteco Cabinet 3,
Outdoor Corporation* Drawer 1, Page
Kevin Reilly, CEO 172 Sheet 171
Mailing Address:
5551 Corporate Boulevard, Suite 2-A
Baton Rouge, LA 70808
Location of Property:
Deed Book 192 Page 702
* Owner not the same as shown on plan
due to merger.
. y
RW-437 (9/06)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROI. NO. 080153
COUNTY Cumberland
S.R. - SECTION 0015-006
MUNICIPALITY Lower Allen Township
TYPE OF TAKE
PT- Partial Take
TT- Total Take
Page 4 of 4
1i
D- Deed Description
R- Plan now recorded in Recorder's
P- Plan lodged for recording with
Notice of Condemnation
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
277 2100280000 PT 3451 Associates Joint Venture, R Cumberland
Composed of AG Associates, a County
Pennsylvania General Partnership and Recorder of
SERR Associates, a Pennsylvania Deeds -
General Partnership Cabinet 3,
Drawer 1,
Mailing Address: Page 172
SERB Associates Sheet 202
2205 North Front Street
Harrisburg, PA 17110-1147
Stanley D. Adler, Jr., General Partner
AG Associates
1000 North Front Street, Suite 500
Wormleysburg, PA 17043-1034
Alexander Grass, General Partner
Location of Property:
Deed Book L33 Page 1144
2100280001 PT Mid-South Building Supply, Inc. R Cumberland
(Tenant) County
Mailing Address: Recorder of
7940 Woodruff Court Deeds -
Springfield, VA 22151 Cabinet 3,
Greg Mutchler, V.P., Finance Drawer 1,
Page 172 ,
As Their Interests May Appear Sheet 202
RW-432ML (9/06)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SCHEDULE OF MORTGAGEES & LIENHOLDERS
ROW OFFICE PROJ. NO. 080153
ROW OFFICE DT NO. 8015304
COUNTY Cumberland
S.R. - SECTION 0015-006
MUNICIPALITY Lower Allen & Hampden Township
PENNDOTJ
Parcel No. Claim
Number
Name and Mailing Address of Mortgagee and/or Lienholder
52 2100211000 Fulton Bank
One Penn Square
Lancaster, PA 17062
277 2100280000 Dauphin Deposit Bank and Trust Company
213 Market Street
Harrisburg, PA 17011
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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, LIMITED ACCESS IN THE
TOWNSHIPS OF LOWER ALLEN AND
HAMPDEN
CLAIM NO. 2100280000
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
NO. 06-6087 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 October 18, 2006, a Declaration of Taking was filed in the above-
captioned case by the Secretary of Transportation.
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. 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 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 condemnees and/or interested parties entitled thereto pursuant to Section 307, 521
and/or 522 of the Eminent Domain Code, as applicable.
Respectfully submitted,
elly E. omon
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. 2100280000
COURT DOCKET NO. 06-6087 CIVIL TERM
SCHEDULE OF INTERESTED PARTIES NOTIFIED OF THE PRESENTATION TO
DEPOSIT ESTIMATED JUST COMPENSATION
NAMES AND ADDRESSES DATE RECEIVED CERTIFIED MAIL
Mark S. Silver, Esquire Certified Mail Number 7003 1680 0005 1267 0732
Joseph A. Klein, P.C.
P.O. Box 1152 Received on January 12, 2007
Harrisburg, PA 17108
M & T Bank (Successor in interest
to Dauphin Deposit Bank
and Trust Company) Certified Mail Number 7003 1680 0005 1267 0725
One M & T Plaza
Buffalo, NY 14240 Received on January 16, 2007
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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, LIMITED ACCESS IN THE
TOWNSHIPS OF LOWER ALLEN AND
HAMPDEN
CLAIM NO. 2100280000
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
: NO. 06-6087 CIVIL TERM
Z,
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, condemnees 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 Condemnees and interested parties and the date and
manner of service are noted on the attached Schedule of Interested Parties Notified.
Respectfully submitted,
Kelm E. SolomoA, Esquire
Supreme Court I.D. 85714
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, PA 17105-8212
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IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT OF WAY FOR STATE ROUTE 0015,
SECTION 006, LIMITED ACCESS IN THE
TOWNSHIPS OF LOWER ALLEN AND
HAMPDEN
CLAIM NO. 2100280000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
NO. 06-6087 CIVIL TERM
ORDER
AND NOW, this 2 ±' day of A?al'.. 2007, upon
presentation of the Petition to Deposit Estimated Just Compensation, it is ORDERED
and DIRECTED that the sum of $39,380.85, 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. It is further ORDERED that the sum shall be held until further Order of Court
directing full or partial payment to the condemnees and/or interested parties entitled to it
pursuant to Sections 307, 521 and/or 522 of the Eminent Domain Code of 2006, as
amended, 26 Pa.C.S. Sections 307, 521 and/or 522, as applicable.
BY THE COURT:
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IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT-0F-WAY FOR STATE ROUTE
0015, SECTION 006, A LIMITED ACCESS
HIGHWAY IN THE TOWNSHIP OF
LOWER ALLEN
3451 ASSOCIATES JOINT VENTURE,
COMPOSED OF AG ASSOCIATES, A
PENNSYLVANIA GENERAL PARTNERSHIP,
AND SERB ASSOCIATES, A
PENNSYLVANIA GENERAL PARTNERSHIP,
Condemnee"ed&ners
Claim No.: 2100280000
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 06-6087 CIVIL TERM
EMINENT DOMAIN PROCEEDINGS
INREM
PETITION TO PAY DEPOSIT
OF ESTIMATED JUST COMPENSATION TO PETITIONER
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, comes your Petitioner/Condemnee 3451 Associates Joint Venture,
composed of AG Associates, a Pennsylvania General Partnership and SERR Associates,
a Pennsylvania General Partnership, by their General Partner Alex Grass (hereinafter
"Petitioners" or "3451 Associates") by and through its attorneys, Joseph A. Klein, P.C.,
and Petition this Court as follows:
1. Your Petitioner/Condemnee, is 3451 Associates Joint Venture, with a
mailing address of 1000 North Front Street, Suite 503, Wormleysburg, Pennsylvania
17043, which is the Owner in fee simple of certain improved commercial land situate at
3451 Simpson Ferry Road, Lower Allen Township, Cumberland County, Pennsylvania
(hereinafter "Subject Property"), a portion of which is the subject of Declaration of
Taking filed by the Commonwealth of Pennsylvania, Department of Transportation
(hereinafter "Penn DOT") on or about October 18, 2006, to the above Court Term and
Number.
2. Pursuant to the February 2, 2007, Order of this Honorable Court, on or
about that date Penn DOT deposited the sum of $39,380.85 with the Office of the
Prothonotary of Cumberland County, Pennsylvania, as its Estimate of Just Compensation
due Condemnee 3451 Associates Joint Venture for the partial taking of its above-
described improved real property. A copy of said Order is attached hereto as Exhibit
"A", incorporated herein by reference.
3. As of the date of condemnation (October 18, 2006) the following
mortgage lien in favor of M&T Bank, Successor-In Interest to Dauphin Deposit Bank and
Trust Company, Mortgagee, and relating to the Subject Property had been filed of record
in the Office of Recorder of Deeds of Cumberland County, Pennsylvania, on July 25,
1988, in Mortgage Book 911, Page 342.
4. In accordance with the letter dated March 5, 2009, from M&T Bank, by its
Vice President Thomas C. Dilworth, said Successor Mortgagee Bank "...waives any
claim to any part or all of said fund...", and "...releases and relinquishes to 3451
Associates Joint Venture any and all claim to said fund". A true and correct copy of the
aforesaid letter from M&T Bank by its Vice President Thomas C. Dilworth is attached
hereto as Exhibit "B" and incorporated herein by reference.
5. M&T Bank, by its Vice President Thomas C. Dilworth, pursuant to
Exhibit "B", attached hereto and incorporated herein by reference has indicated its
concurrence in the within Petition to Pay Deposit of Estimated Just Compensation to
Condemnee 3451 Associates Joint Venture.
6. The Commonwealth's "Proposed Scheduled of Distribution" of its
Estimated Just Compensation on Deposit with the Prothonotary of Cumberland County,
Pennsylvania, listed the above-referenced mortgage as requiring payment, satisfaction, or
discharge as a prerequisite to distribution of damages in accordance with Sections 521
and 522 of the Eminent Domain Code, 26 Pa. C.S.A. §§ 521, 522, and the aforesaid
Exhibit "B" does adequately respond to the same and confirm the waiver of any and
claim to any part or all of said fund by mortgagee M&T Bank.
A copy of the Commonwealth's Proposed Schedule of Distribution and to which
this paragraph makes reference is attached hereto as Exhibit "C", and incorporated herein
by reference.
7. As of the date of condemnation (October 18, 2006) SERR Associates, a
Pennsylvania General Partnership, was listed as one of the nominal owners of the Subject
Property. By letter dated November 28, 2006, signed by Alex Grass, General Partner of
Petitioner 3451 Associates Joint Venture, and of AG Associates, a Pennsylvania General
Partnership, Mr. Grass on behalf of SERR Associates certified that it has "no current or
future interest in the 3451 Associates Joint Venture and property that is part of the
Department of Transportation taking in reference to Claim No. 2100280000".
A true and correct copy of the aforesaid letter dated November 28, 2006, is
attached hereto as Exhibit "D", and incorporated herein by reference.
8. As a result of the foregoing, any claim, mortgage lien, or judgment set
forth on the Commonwealth's Proposed Schedule of Distribution (Exhibit "C"), has
either been paid, satisfied, discharged, or in the case of said mortgage, participation
therein waived by mortgagee M&T Bank, and in the case of SERR Associates, the same
no longer having any interest in this matter (Exhibit "D")..
9. As a result of all of the foregoing, Petitioner 3451 Associates Joint
Venture wishes to withdraw from the Office of the Prothonotary said Deposit of
Estimated Just Compensation.
10. Condemnor Penn DOT has no objection to Condemnee 3451 Associates
Joint Venture's withdrawal of said Deposit of Estimated Just Compensation as it takes no
position concerning the same.
WHEREFORE, your Petitioner prays this Honorable Court to direct the
Prothonotary of Cumberland County to pay to Petitioner 3451 Associates Joint Venture,
Condemnor Penn DOT's Deposit of Estimated Just Compensation in the amount of
$39,380.85, plus any applicable interest thereon that has accumulated since said amount
was placed on deposit with the Prothonotary.
Respectfully submitted,
O J kEPH . KLEIN, P.C.
l
By:
Mar. Silver, Esquire
I.D. No. 09825
500 North Third Street, 7th Floor
P.O. Box 1152
Date: Harrisburg, PA 17108-1152
(717) 233-0132
Attorneys for 3451 Associates Joint
Venture, Condemnee
01/].9/2009 13:12 FAX
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMF-jNT OF TRANSPORTATION, OF
RIGHT OF WAY FOR STATE ROUTE 0015,
SECTION 006, LIMITED ACCESS 1N THE
TOkA/NSHfPS OF LOWeR ALLEN AND
+ + .& ar%r,r•
HNAF-DEN
CLAIM NO. 2100280000
AND NOW;
;;:esenta4ort of IV
and DIRECTED
Q003
: IN THE-COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
EMINENT DOMAIN PR4?CCEi tP?
:'1'N REI•A
NO. 06-6087 CIVIL TERM
R ER
this?day of t
.e Patton V El rw .?t Es imatVV
that the sum of $1.9,380.85,
2007, upon
C^_n?pancal+nn, it ig ORDERED
reprwenting the amour-it of just
c ^^ ^. ur; ?stds!*atgd by the Cf mm.,monwealth of Pennsylvania. Department of
Transportarion and the CommonweaitNs pro-ra,s 3hate of real estate taxes due the
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co,ndem-nees arWor interested parties on the sut?iect property shown on the attached
Proposed Schledule of Dist^buaon, be paid into Doug in are interest beating ac;;ount, P.
ayai able, it i---t further ORDERED that the sum snail be held until further Order of Court
directing full or partzai payment to t* C-onde±mnees arWor I^terested parties entitled to It
pursuant to Sections 307, 521 andior 522 of the Eminent Domain Code of 2006, as
amended, 26 Pa.",.S_ Sections 307, 52' anddor 5- 22 ay a.+p ah e
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EXHIBIT
012-06-'09 13;01 FROM-M & T BANK
M717-221-5850 T-416 P002/002 F-650
Thomas C. Dilworth
Vicc President
Manufacturers and Traders Trust Company
213 Market Street
Harrisburg, PA 17105
(717) 255-2084(direct line)
(717) 221-5856 (fax)
e-mail address: tdilworth @nub.cottt
March 5, 2009
To Whom It May Concern:
I am Thomas C. Dilworth, Vice President of M&T Bank, Harrisburg, Pennsylvania. M&T Bark
is the successor bank in interest to Dauphin Deposit Bank and Trust Company, the initial
mortgagee bank with 3451 Associates Joint Venture, a Pennsylvania General Partnership,
mortgagor, with respect to a mortgage dated July 22, 1988, recorded in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania on July 25, 1988, in Mortgage Book
911, Page 342.
Although there is yet a remaining principal balance on the above referenced mortgage, M&T
Bank hereby agrees to permit 3451 Associates Joint Venture to make application for and retain
the Commonwealth of Pennsylvania, Department of Transportation's Estimate of Just
Compensation in the initial amount of $39,380.85, together with any interest that may have
accrued thereon, currently on deposit with the Prothonotary of Cumberland County, and hereby
waives any claim to any part of all of said fund.
M&T Bank recognizes that despite the partial taking by the Commonwealth there is more than
adequate equity in the remaining improved real estate that comprises the collateral for this
mortgage and thus the Bank releases and relinquishes to 3451 Joint Venture any and all claim to
said fund. Further, M&T Bank hereby concurs in the Petition to Pay Deposit of Estimated Just
Compensation to Condemnee to be filed on behalf of 3451. Associates Joint Venture.
Very Truly Yours,
'I' omas C. Dilworth
Vice President
EXHIBIT
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GRASS COMPANIES
1000 NORTH FRONT STREET
SUITE 503
WORMLEYSBURG, PA 17043
November 28, 2006
t,Vll, Gen Reid
Interstate Acquisition Services
99 November Drive, Suite 302
Camp Hill, PA 17011
RE: REMIS Project No. 080153
Claim No. 2100280000
Claimant: 3451 Joint Venture
Dear Mr. Reid:
This letter is to certify that SERR Associates has no current or future interest in the 34_-; 1. Joint
Venture and property that is part of the Department of Transportation taking in reference to
claim No. 2100280000.
Sincerely,
11ei "
Alex rass
ACT/jc
Cc: Mark Silver
EXHIBIT
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PHONE 717-975-9886 FAX 717-975-5581
?r
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 No. 06-6087 CIVIL TERM
0015, SECTION 006, A LIMITED ACCESS
HIGHWAY IN THE TOWNSHIP OF
LOWER ALLEN
3451 ASSOCIATES JOINT VENTURE,
COMPOSED OF AG ASSOCIATES, A
PENNSYLVANIA GENERAL PARTNERSHIP,
AND SERR ASSOCIATES, A
PENNSYLVANIA GENERAL PARTNERSHIP, EMINENT DOMAIN PROCEEDINGS
CondernneeVPed oners IN REM
Claim No.: 2100280000
VERIFICATION
I, Mark S. Silver, Esquire of the Law Office of Joseph A. Klein, P.C., hereby
affirm that I am counsel for Condemnee/Petitioner 3451 Associates Joint Venture, and
that the facts set forth in the foregoing Petition to Pay Deposit of Estimated Just
Compensation to Petitioner 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.
3 ' q "V5?,
Date Mark S. Silver, Esquire
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT-0F-WAY FOR STATE ROUTE
0015, SECTION 006, A LIMITED ACCESS
HIGHWAY IN THE TOWNSHIP OF
LOWER ALLEN
CERTFICATE OF SERVICE
3451 ASSOCIATES JOINT VENTURE, ,
COMPOSED OF AG ASSOCIATES, A
PENNSYLVANIA GENERAL PARTNERSHIP,
AND SERB ASSOCIATES, A
PENNSYLVANIA GENERAL PARTNERSHIP, EMINENT DOMAIN PROCEEDINGS
CondemneesMeMioners INREM
Claim No.: 2100280000
I, Mark S. Silver, Esquire, attorney for Condemnee, do hereby certify that on this date I
served the foregoing PETITION TO PAY DEPOSIT OF ESTIMATED JUST
COMPENSATION TO PETITIONER 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, as set forth
below:
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
Date: 3 - q -10IN
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 06-6087 CIVIL TERM
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
Respectfully submitted,
J PH KLEIN, P.C.
By:
Mark . 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 3451 Associates Joint
Venture, Condemnee
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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 No. 064087 CIVIL TERM
0015, SECTION 006, A LIMITED ACCESS
HIGHWAY IN THE TOWNSHIP OF
LOWER ALLEN
3451 ASSOCIATES JOINT VENTURE,
COMPOSED OF AG ASSOCIATES, A
PENNSYLVANIA GENERAL PARTNERSHIP,
AND SERB ASSOCIATES, A
PENNSYLVANIA GENERAL PARTNERSHIP, EMINENT DOMAIN PROCEEDINGS
CondemneesPet&ioners IN REM
Claim No.: 2100280000
QRDER
AND NOW, this _L,S day of ?? 2009, upon consideration of the
foregoing Petition to Pay Deposit of Estimated Just Compensation to Petitioner, 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 $39,380.85„ plus any
applicable interest, to Petitioner 3451 Associates Joint Venture, Petitioner/Condemnee.
BY THE COURT:
J.
Distribution:
Prothonotary of Cumberland County
Mark S. Silver, Esquire, Attorney for Petitioner/Condemnee
`'Christopher J. Clements, Esquire
Kell E. Solomon, Esquire
P.C. CIN
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ON THE BACK: THE MINT OF THE DOCUMENT HAS A MCA04-RINT SIGNATURE
20 SouthMain Street
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Chambersburg, PA 17201 JJVG
3 a ' REMITER
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OFFICIAL CHECK DRAWER:F&M TRUST
ISSUED BY. TRAVELERS EXPRESS COMPANY, INC.
P. O. BOX 9476, MINNEAPOLIS, MN 55480
DRAWEE: US BANK, ST. PAUL, MN :'t'2!
AAUTHORIJED SIGNATURE
u' Mr. 56 2901:0960 3'16 76 51:0 L600 i0446900u'
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14250703192009 Cumberland County Prothonotary's Office Page 1
PYS4.0.5 Manual Release Check Register 3/19/2009
Distribution
Case No Accounting
Escrow Tran Date
Amount Date Release
--------------------------------------------------------------------------------
3957 3451 ASSOCIATES JOINT VENTURE Check Date: 03/19/2009 Check No.:9000036
BOND 2006-
INTEREST 2006-
INTEREST 2006-
INTEREST 2006-
INTEREST 2006-
INTEREST 2006-
INTEREST 2006-
INTEREST 2006-
INTEREST 2006-
INTEREST 2006-
INTEREST 2006-
INTEREST 2006-
INTEREST 2006-
INTEREST 2006-
INTEREST 2006-
INTEREST 2006-
INTEREST 2006-
INTEREST 2006-
INTEREST 2006-
INTEREST 2006-
INTEREST 2006-
INTEREST 2006-
INTEREST 2006-
INTEREST 2006-
INTEREST 2006-
INTEREST 2006-
06087
06087
06087
06087
06087
06087
06087
06087
06087
06087
06087
06087
06087
06087
06087
06087
06087
06087
06087
06087
06087
06087
06087
06087
06087
06087
PYMT/CASH 39380.85
PYMT/CASH 129.89
PYMT/CASH 142.29
PYMT/CASH 143.75
PYMT/CASH 135.79
PYMTT'/ CASH 146.55
PYMT%CASH 116.00
PYMT/CASH 114.88
PYMT/CASH 97.11
WIRE TRANSFER 85.53
PYMT/CASH 80.96
PYMTCASH 52.87
PYMT7CASH 30.52
PYMT/CASH 47.75
PYMT/CASH 57.07
PYMT/CASH 55.30
PYMT/CASH 57.22
PYMT%CASH 55.53
PYMT/CASH 57.46
PYMT/CASH 55.69 522
PYMT%CASH 35.57
PYMT/CASH 30.11
PYMT/CASH 19.37
Payee total: 41366.99
Grand total: 41,366.99
4%?0Z2007
5/04/2007
719%2007
8/13/2007
10%011%2007
11/16/2007
11%09%2008
3 010%2008
4/07/2008
6%172008
7/21/2008
8132008
9%10%2008
10/13/2008
122008
2Z16Z
1 2008
2%12%2009
3019/2009