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HomeMy WebLinkAbout06-6116IN 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 BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN NO. as. - (O/ j to 1EMINENT 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 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 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 a property interest in the nature of an easement for its facilities on parcel 139 to the Pennsylvania-American Water Company; also condemned are 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 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, excepting and reserving therefrom a property interest in the nature of an easement for its facilities to the Pennsylvania-American Water Company on parcel 139; 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. Gary . E. Chief, 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 BOROUGH OF CAMP HILL AND 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 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 BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN NO. EMINENT DOMAIN PROCEEDING IN REM PRA 'CIP, 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. Christopher Assistant Cc in Charge, R/W Dated: lo-16.o6 4,g z O ?> >o too a zo hx x 0 Z r.. E-1 P" ow E-4 n U?a? a ?w Pao y? a OE-? WxF.,C)oW "C) U Ei c O 0o P:4 P.4 ElU z oZP4 A f?1 W PP4 E-1 U ? F'OF pp E-4 x ? z o E-1 E Uw C?EE-1 -+? z? wA E-4 U W cq cq o m ?4 C'l 00 w a Co P-4 0 -, ? 0 u I wooer`. N 4 z -4 4.3 w ° p o a I ? ? x U '.? ° q a Ei W a Page 1 of 3 COMMONWEALTH OF PENNSYLVANIA RW 4 - 37 (9/06) DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) tow OFFICE PROD. NO. 080153 ,o TYPE OF TAKE T CRIPTION Cumberland PT- Partial Take R. -SECTION D- D T 0015-006 TT- Total Take 4UNICIPALITY Borough of Camp Hili, P- Pl cording with Township of Lower Allen Nomnation R- Plan now recorded in Recorder's Office Name, Property Interest of Attached Type Condemnees, Mailing Address, Parcel Cl i Exhibit a m of and Location of Condemned **T Number ype of ny) 2100190000 PT David J. Crockett, single person (if an) Descri tion in R d o Mailing Address: 123 Limestone Drive Camp Hill, PA 17011-7812 Location of Property: Deed Book 253, Page 2934 Page172, Page 172, Sheet 142 2100220000 PT Robert L. Goodall Jr., T/A Goodall R Cumberland Pools, a partnership, now known as Goodall Realty County Recorder of Mailing Addresses: Deeds - Robert L. Goodall, Jr., General Partner Cabinet 3, 3501 Simpson Ferry Road Drawer 1, Camp Hill, PA 17011-6406 Page 172, and Sheet 142 Joanne P. Goodall, General Partner 120 Red Haven Road New Cumberland, PA 17070-3164 6 70 Location of Property: Deed Book R-33, Page 229 AS THEIR INTERESTS MAY APPEAR Page 2 of 3 COMMONWEALTH OF PENNSY LVANIA RW-437 (9/06) DEPARTMENT OF TRANSPORTATIO N SCHEDULE OF PROPERTY COND EMNED (Declaration of Taking) fROWOFFICEE PROD. NO. 080153 TYPE OF TAKE TYPE OF DESCRIPTION Cumbeland PT- Partial Take TION D- Deed Description 0015-006 TT- Total Take MUNICIPALITY Borough of Camp Hill, P- Plan lodged for recording with Township of Lower Allen Notice of Condemnation R- Plan now recorded in Recorder's Office Name, Property Interest of Attached Type Condemnees, Mailing Address, l Cl i : Exhibit a m of and Location of Condemned No. Number Tak Number '"Type of Plan (if any) e Pro rt 2100221000 PT Joseph N. Hoang single person and (if an Descri tion Recorded in , Mary Thien Hoang, single person Joint R Cumberland , Tenants With Right of Survivorship County Recorder of Mailing Addresses: Deeds - Joseph N. Hoang Cabinet 3, 1024 North Utah Street, Apt. 319 Drawer 1, Arlington, VA 22201-5734 Page 172, and Sheet 165 Mary Thien Hoang 1050 North Taylor Street, Unit 101 Arlington, VA 22201-4713 Location of Property: Deed Book 272, Page 4736 Deed Book 272, Page 4739 Deed Book 272, Page 4742 139 2100239000 PT Pennsylvania Farm Bureau , R Cumberland formerly known as County Pennsylvania Farmers Association Guy F. Donaldson, President Recorder of Deeds - Mailing Address: Cabinet 3, 510 South 31s' Street Drawer 1, Camp Hill, PA 17001-8736 Page 172, Sheet 184 Location of Property: Deed Book A-26, Page 343 Deed Book Z-29, Page 366 Page 3 of 3 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 Camp Hill Borough, Township of Lower Allen *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 Property (if an) Description Recorded in 191 2100246000 PT F & L Fittings Company, a Corporation, R Cumberland trading as Brewbaker Enterprises, Inc. County Galen R. Brewbaker, President Recorder of Deeds - Mailing Address: Cabinet 3, 6 Enck Circle Drawer 1, Enola, PA 17025-1050 Page 179, Sheet 193 Location of Property: Deed Book N-26, Page 540 234 2100253000 PT Harry V. Patchin, D.M.D. and R Cumberland Cheryl L. Patchin, his wife County Recorder of Mailing Addresses: Deeds - Harry V. Patchin, D.M.D. Cabinet 3 407 South 32°d Street , Drawer 1, Camp Hill, PA 17011-5105 Page 172, and Sheets 65, 66, Cheryl L. Patchin 205 527 Devon Road Camp Hill, PA 17011-2121 Location of Property: Deed Book T-31, Page 942 O - t 6-y? L ... 4 Z€S? LJ r + d6 RW-432M (9/06) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMON- : NO. 6116 CIVIL TERM, 2006 WEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT-OF-WAY FOR STATE ROUTE 0015 SECTION 006, LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN : 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 19, 2006 was recorded in the office of the Recorder of Deeds of the above county in Book 731 page 1540. 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-01`- *Y ADMINISTRATOR ENGINEERING DIST T 8-0 COMMONWEALTH OF PENNSYLVANIA RW-437 (9/00) DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) ROW OFFICE PROD. NO. 030153 COUNTY Cumberland S.R. - SECTION 0015-006 MUNICIPALITY Borough of Camp Hill. To%%nship of Lower Allen Pagc I of .1 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 6 2100190000 PT David J. Crockett, single person R Cumberland County Mailing Address: Recorder of 123 Limestone Drive Deeds - Camp Hill, PA 17011-7812 Cabinet 3, Drawer 1, Location of Property: Page 172, Deed Book 253, Page 2934 Sheet 142 70 2100220000 P,r Robert L. Goodall Jr., T/A Goodall R Cumberland Pools, a partnership, now known as County Goodall Realty Recorder of Deeds - Mailing Addresses: Cabinet 3, Robert L. Goodall, Jr., General Partner Drawer 1, 3501 Simpson Ferry Road Page 172, Camp Hill, PA 17011-6406 Sheet 142 and Joanne P. Goodall, General Partner 120 Red Haven Road New Cumberland, PA 17070-3164 Location of Property: Deed Book R-33, Page 229 AS THEIR INTERESTS MAY APPEAR BK073IPG1542 Page 2 of 3 (gyp r?Pc.'t COMMONWEALTH OF PENNSYLVANIA RW-437 (9/06) DEPARTMENT OF TRANSPORTATION ?IIII/I? SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) ROW OFFICE PROD. NO. 080153 COUNTY Cumberland S.R. - SECTION 0015-006 MUNICIPALITY Borough of Camp Hill, Township of' ower Allcn 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 71 2100221000 PT Joseph N. Hoang, single person, and R Cumberland Mary Thien Hoang, single person, Joint County Tenants With Right of Survivorship Recorder of Deeds - Mailing Addresses: Cabinet 3, Joseph N. Hoang Drawer 1, 1024 North Utah Street, Apt. 319 Page 172, Arlington, VA 22201-5734 Sheet 165 and Mary Thien Floang 1050 North Taylor Street, Unit 101 Arlington, VA 22201-4713 Location of Property: Deed Book 272, Page 4736 Deed Book 272, Page 4739 Deed Book 272, Page 4742 139 2100239000 PT Pennsylvania Farm Bureau, R Cumberland formerly known as County Pennsylvania Farmers Association Recorder of Guy F. Donaldson, President Deeds - Cabinet 3, Mailing Address: Drawer 1, 510 South 3151 Street Page 172, Camp Hill, PA 17001-8736 Sheet 184 Location of Property: Deed Book A-26, Page 343 Deed Book Z-29, Page 366 BK073 I PG 1543 RW•437 (9/06) COMMONWEALTH TH 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 Camp Hill Borough, Township of Lower Allen Page 1 of i 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 191 2100246000 PT F & L Fittings Company, a Corporation, R Cumberland trading as Brewbaker Enterprises, Inc. County Galen R. Brewbaker, President Recorder of Deeds - Mailing Address: Cabinet 3, 6 Enck Circle Drawer 1, Enola, PA 17025-1050 Pa,,e 179, Sheet 193 Location of Property: Deed Book N-26, Page 540 234 2100253000 PT Harry V. Patchin, D.M.D. and R Cumberland Cheryl L. Patchin, his wife County Recorder of Mailing Addresses: Deeds - Harry V. Patchin, D.M.D. Cabinet 3, 407 South 32"`t Street Drawer 1, Camp Hill, PA 17011-5105 Page 172, and Sheets 65, 66, Cheryl L. Patchin 205 527 Devon Road Camp Hill, PA 17011-2121 Location of Property: Deed Book T-31, Page 942 BKO 731 PG 1544 a ? _ _-?L7 • / Y "S`1 e. iTl Y 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 BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN : NO. 6116 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 October 28, 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 Ri of-Way Administrator Sworn to ands scribed before me otary Pub)IV COMMONWEALTH OF PENNSYLVANIA Notarial Notary J. My Commission Expires: BerCamp Hill Boro, Cumberland Public County MY Commission Expires Apr. 7, 2007 Memt?er, Pennsylvania Association of Notaries Attachments: RW-437, Schedule of Property Condemned RW432ML, Schedule of Mortgagees and Lienholders ti Page I of 71 COMMONWEALTH OF PENNSYLVANIA RW•437 (9/06) DF:PARTMENTOF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) ROW OFFICE PROD. NO. 080153 COUNTY Cumberland S.R. - SECTION 0015.006 MUNICIPALITY Borou.-h of Camp Hill. Township of Lower Allen 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 6 2100190000 PT David J. Crockett, single person R Cumberland County Mailing Address: Recorder of 123 Limestone Drive Deeds - Camp Hill, PA 17011-7812 Cabinet 3, Drawer 1, Location of Property: Page 172, Deed Book 253, Page 2934 Sheet 142 70 2100220000 PT Robert L. Goodall Jr., T/A Goodall R Cumberland Pools, a partnership, now known as County Goodall Realty Recorder of Deeds - Mailing Addresses: Cabinet 3, Robert L. Goodall, Jr., General Partner Drawer 1, 3501 Simpson Ferry Road Page 172, Camp Hill, PA 17011-6406 Sheet 142 and Joanne P. Goodall, General Partner 120 Red Haven Road New Cumberland, PA 17070-3164 Location of Property: Deed Book R-33, Page 229 AS THEIR INTERESTS MAY APPEAR I. Page a of 3 COMMONWEALTH OF PENNSYLVANIA RW-437 (9/06) DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) ROW OFFICE PROI. NO. 030153 COUNTY Cumberland S.R. - SECTION 0015.006 MUNICIPALITY Borough of Camp [lilt, Township of Lower Allen 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 71 2100221000 PT Joseph N. Hoang, single person, and R Cumberland Mary Thien Hoang, single person, Joint County Tenants With Riaht of Survivorship Recorder of Deeds - Mailing Addresses: Cabinet 3, Joseph N. Hoang Drawer 1, 1024 North Utah Street, Apt. 319 Page 172, Arlington, VA 22201-5734 Sheet 165 and Mary Thien Eloang 1050 North Taylor Street, Unit 101 Arlington, VA 22201-4713 Location of Property: Deed Book 272, Page 4736 Deed Book 272, Page 4739 Deed Book 272, Page 4742 139 2100239000 PT Pennsylvania Farm Bureau, R Cumberland formerly known as County Pennsylvania Farmers Association Recorder of Guy F. Donaldson, President Deeds - Cabinet 3, Mailing Address: Drawer 1, 510 South 3151 Street Page 172, Camp Hill, PA 17001-8736 Sheet 184 Location of Property: Deed Book A-26, Page 343 Deed Book Z-29, Page 366 Page 3of3 COMMONWEALTH OF PENNSYLVANIA RW-437 (9106) DEPARTNtENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) ROW OFFICE PROD. NO. 080153 COUNTY Cumberland S.R. - SECTION 0015.006 MUNICIPALITY Camp Hill Borough, Township of Lower Allen 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 191 2100246000 PT F & L Fittings Company, a Corporation, R Cumberland trading as Brewbaker Enterprises, Inc. County Galen R. Brewbaker, President Recorder of Deeds - Mailing Address: Cabinet 3, 6 Enck Circle Drawer 1, Enola, PA 17025-1050 Page 179, Sheet 193 Location of Property: Deed Book N-26, Page 540 234 2100253000 PT Harry V. Patchin, D.M.D. and R Cumberland Cheryl L. Patchin, his wife County Recorder of Mailing Addresses: Deeds - Harry V. Patchin, D.M.D. Cabinet 3, 407 South 32"d Street Drawer 1, Camp Hill, PA 17011-5105 Page 172, and Sheets 65, 66, Cheryl L. Patchin 205 527 Devon Road Camp Hill, PA 17011-2121 Location of Property: Deed Book T-31, Page 942 RW-432ML (9/06) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SCHEDULE OF MORTGAGEES & LIENHOLDERS ROW OFFICE PRO1. NO. 080153 ROW OFFICE DT NO. 8015306 COUNTY Cumberland S.R. - SECTION 0015-006 MUNICIPALITY Lower Allen Township, Borough of Camp Hill 10T? Parcel No. Claim Number Name and Mailing Address of Mortgagee and/or Leinholder 6 2100190000 Superior Home Mortgage Corporation 518 Bridge Street New Cumberland, PA 17070 6 2100190000 Members First Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 70 2100220000 First Union National Bank 123 South Broad Street Philadelphia, PA 19109 71 2100221000 Orrstown Bank King Street Office 77 East King Street Shippensburg,PA 17257 139 2100239000 CCNB Bank, N.A. 4242 Carlisle Pike P.O. Box 8874 Camp Hill, PA 17001 191 2100241000 Financial Trust Company C/O Keystone Loan Operations Attn: Collateral Dept. 130 Court Street P.O. Box 3187 Williamsport, PA 17701 RW432ML (9/06) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SCHEDULE OF MORTGAGEES & LIENHOLDERS ROW OFFICE PROJ. NO. 080153 ROW OFFICE DT NO. 8015306 COUNTY Cumberland S.R. - SECTION 0015-006 MUNICIPALITY Lower Allen Township, Borough of Camp Hill i I 7 1 PENND OT I Parcel No. Claim Number Name and Mailing Address of Mortgagee and/or Leinholder 234 2100253000 William P. Dohoney, DDS 818 Mandy Lane Camp Hill, PA 17011 -- ; -, ::? _ ? :. ? -n ?` .?? ---s z -? -- _,_ ?.,? _.... __ t? ..,9 _ ?.F -_ i .y _.{ '1 w opik L, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORATION, OF RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION 006, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN NO. 06-6116 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM PETITION OF JOSEPH N. HOANG AND MARY THIEN MANG TO APPOINT A BOARD OF REVIEW TO DETERMINE THE AMOUNT OF JUST COMPENSATION AND NOW, come your Petitioners, Joseph N. Hoang and Mary T. Hoang, brother and sister, who, by and through their attorney, Herbert P. Henderson, II, and Pecht & Associates file this Petition to Appoint a Board of Review to Determine the Amount of Just Compensation for their real estate subject to the within condemnation proceeding and in support thereof aver the following: 1. Petitioners herein are Joseph N. Hoang, an adult individual, with a current mailing address of 1024 North Utah Street, Apt. 319, Arlington, Virginia 22201-5734 and Mary T. Hoang, an adult individual, with a currently residing at 1050 North Taylor Street, Unit 101, Arlington, Virginia 22201-5734. 2. Petitioners herein are brother and sister and are the owners of certain real estate known as and situate at 3503, 3505, and 3507 Simpson Ferry Road, Mechanicsburg, Cumberland County, Pennsylvania, the parcels affected by the within taking. 3. Petitioners aver that the Commonwealth of Pennsylvania has offered $30,800.00 as just compensation, an amount considerably less than the actual value of the taking. 4. Petitioners believe and therefore aver that their parcels of real estate are situated in a commercial district, and that due to the local ordinances, the taking will substantially f devalue each parcel to such a degree that each property in its current state would either be rendered useless for a commercial property or require substantial renovations in order to utilize the property as permissible use granted. 5. Petitioners believe and therefore avers that they will be able to present evidence establishing the actual loss and that they have good faith basis for asserting that the loss exceeds that submitted by Pennsylvania Department of Transportation. WHEREFORE, Petitioners, Joseph N. Hoang and Mary T. Hoang respectfully request this Honorable Court appoint a Board of Review. Respectfully Submitted, PECHT & ASSOCIATES, PC By: A?-- Herbert P. Henderson, II, Esquire Attorney for Petitioners 55 West High Street Elizabethtown, PA 17022 (717) 367-2800 Attorney ID# 56304 COMMONWEALTH OF PENNSYLVANIA, ) )ss: COUNTY OF CUMBERLAND ) I, HERBERT P. HENDERSON, II, ESQUIRE, being duly affirmed according to law, deposes and says that he is the attorney for the within-named Defendant; that he is authorized to make this affidavit; that this affidavit is made by him and not the Defendant as he is more familiar with the subject matter of the document than the Defendant; being procedural matters involved in this document, and that the facts set forth in the foregoing document are true and correct. Herbert P. Henderson, II, Esquire Sworn and subscribed to before me this 17th day of November 2006. 11?-La6l.' d ffj-?? Notary Public COMMONWEALTH OF PENNSYLVA Notarial Seal Barbara L. Eaton, Notary Public Lower Allen Twp., Cumberland County My Commission Expires May 21, 2010 Member, Pennsylvania Association of Notaries . C_ - TI £,ay' rn f?3 F-6 F-- C` 7 ` -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 BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 06-6116 CIVIL TERM ORDER OF COURT AND NOW, this day of December, 2006, William A. Duncan, Esquire, Chairman, James Sheya and Fred Hefelfinger are appointed as a Board of View on the properties of 3503, 3505 and 3507 Simpson Ferry Road, Mechanicsburg, Cumberland County, Pennsylvania. ,44e'rbert P. Henderson, II, Esquire For Petitioners ,,William A. Duncan, Esquire Chairman, Board of View ??? 4 Edgar B. Bay Lo ' C-4 ?? I ` -46 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION GOVERNOR'S OFFICE OF GENERAL COUNSEL Kelly E. Solomon, Assistant Counsel Right of Way Section Supreme Court I.D. #85714 P. O. Box 8212 HARRISBURG, PENNSYLVANIA 17105-8212 (717) 787-3128 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 S.R. 0015, SECTION 006, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN JOSEPH N. HOANG and MARY THIEN HOANG No. 06-6116-CIVIL Plaintiffs V. COMMONWEALTH OF PENNSYLVANIA, EMINENT DOMAIN DEPARTMENT OF TRANSPORTATION, PROCEEDINGS -- IN REM Defendant PRAECIPE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the condemnor, Commonwealth of Pennsylvania, Department of Transportation, the defendant in the above-captioned matter. OFFICE OF CHIEF COUNSEL By: C? Kelly E. olomon, Esq. Attorney for the Defendant 0 , 4 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 S.R. 0015, SECTION 006, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN JOSEPH N. HOANG and MARY THIEN HOANG No. 06-6116-CIVIL Plaintiffs CERTIFICATE OF SERVICE I certify that I am serving the attached Praecipe for Entry of Appearance in the manner v. COMMONWEALTH OF PENNSYLVANIA, EMINENT DOMAIN DEPARTMENT OF TRANSPORTATION, PROCEEDINGS -- IN REM Defendant and upon the person as set forth below, which service satisfies the requirements of Pa.R.C.P. 440:vwm BY FIRST CLASS MAIL: Herbert P. Henderson, II, Esq. PECHT & ASSOCIATES PC 55 West High Street Elizabethtown, PA 17022 Respectfully submitted, OFFICE OF CHIEF COUNSEL By:/0; K r- ?I Kelly E. Solomon Assistant Counsel Attorney for the Defendant Dated: February 23, 2007 f ?. Y_ ? 4f ?j ! ?f .s. y 3 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 BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN NO. 06-6116 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM PETITION OF ROBERT L. GOODALL, JR. AND JOANNE P. GOODALL TO APPOINT A BOARD OF VIEW TO DETERMINE THE AMOUNT OF JUST COMPENSATION AND NOW, come your Petitioners, Joanne P. Goodall and Robert L. Goodall, Jr., mother and son, whom, by and through their attorney, Herbert P. Henderson, II, Esquire and Pecht & Associates, PC, file this Petition to Appoint a Board of View to Determine the Amount of Just Compensation for their real estate and property affected by the within condemnation to the amount of just compensation within condemnation proceeding and in support thereof aver the following: 1. Petitioners herein are Robert L. Goodall, Jr., an adult individual, with a current mailing address of 3501 Simpson Ferry Road, Camp Hill, Pennsylvania 17011-6406 and Joanne P. Goodall, an adult individual, with a currently residing at 120 Red Haven Road, New Cumberland, Pennsylvania 17070-3164. 2. Petitioners herein are mother and son and are the owners of certain real estate known as and situate at 3501 Simpson Ferry Road, Lower Allen Township, Cumberland County, Pennsylvania, the parcel affected by the within taking. 3. Petitioners aver that the Commonwealth of Pennsylvania has offered $45,800.00 as just compensation, an amount considerably less than the actual value of the taking of their real estate and $2,895.00 for the displacement of an Outdoor Advertising Device (OAD). The Outdoor Advertising Device was the only means of demarcating and advertising to the public Petitioner's business location. 4. Petitioners believe and therefore aver that the taking will permanently and adversely effect their business as the taking will alter the ingress and egress to such a degree that it will be impossible for work vehicles, delivery trucks and the like to enter the premises without causing significant damage as the topography of the land will not allow proper access. 5. Petitioners further believe and therefore aver that the amount offered for the taking of the real estate does not adequately compensate them for either the direct damages for the loss of taking their property or the indirect damages for loss of business, goodwill, etc. 6. Petitioners aver that due to the local ordinances, the taking effectively eliminates the ability of Petitioners to replace the current OAD with any remotely similar device. 7. Petitioners further believe and therefore aver that the amount offered as the fair market value of the OAD falls woefully short of the loss which will be suffered by Petitioners. 8. Petitioners believe and therefore aver that they will be able to present evidence establishing the actual loss and that they have a good faith basis for asserting that the loss exceeds that submitted by Pennsylvania Department of Transportation. WHEREFORE, Petitioners, Robert L. Goodall, Jr. and Joanne P. Goodall, respectfully request for this Honorable Court to Appoint a Board of View. Respectfully Submitted, PECHT & ASSOCIATES, PC By: Wayne M. Pecht, squire, ID#38904 Herbert P. Henderson, II, Esquire Attorney ID# 56304 Attorneys for Petitioners 55 West High Street Elizabethtown, PA 17022 (717) 367-2800 VERIFICATION I verify that the statements made in the foregoing Petition to Appoint a Board of View To Determine The Amount of Just Compensation are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Roe L. Goodall, Jr. w VERIFICATION I verify that the statements made in the foregoing Petition to Appoint a Board of View To Determine The Amount of Just Compensation are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. J e P. Goodall c? ^? ?z .__ ?. =? y,_? ?;?? -, ? r, {_.; w _' `?? :._. ,_ ,_ ___ -?= ^ ? ? !` ,?? .. I -1 MAY 10200E &O/ 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 BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN NO. 06-6116 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM ORDER OF COURT AND NOW, this day of 2007, ?1.Arrr? d 1 X 1 ?nwl and are appointed as a Board of View on the property of 3501 Simpson Ferry Roa , Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania. a--- car LU C:: , EL, rya ?S? Y? !.L L u C-4 CIA 10, ?? p 5.a? I • It COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION GOVERNOR'S OFFICE OF GENERAL COUNSEL Kelly E. Solomon, Assistant Counsel Right of Way Section Supreme Court LD. #85714 P. O. Box 8212 HARRISBURG, PENNSYLVANIA 17105-8212 (717) 787-3128 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 S.R. 0015, SECTION 006, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN ROBERT L. GOODALL, JR. and JOANNE P. GOODALL Plaintiffs V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant PRAECIPE TO THE PROTHONOTARY: CIVIL ACTION -- LAW No. 06-6116-CIVIL EMINENT DOMAIN PROCEEDINGS -- IN REM 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: r-?e? elly E. Sol on, Esq. Attorney for the Defendant 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 S.R. 0015, SECTION 006, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN ROBERT L. GOODALL, JR. and No. 06-6116-CIVIL JOANNE P. GOODALL Plaintiffs V. COMMONWEALTH OF PENNSYLVANIA, EMINENT DOMAIN DEPARTMENT OF TRANSPORTATION, PROCEEDINGS -- IN REM Defendant 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: Herbert P. Henderson, II, Esq. PECHT & ASSOCIATES PC 55 West High Street Elizabethtown, PA 17022 Respectfully submitted, Assistant Counsel Attorney for the Defendant OFFICE OF HIEF COUNSEL ? ?-- By: K y E. Sol mon Dated: June 13, 2007 o ? r_ C--z o -? , -„ --? -- t? 7 _ ' ,- - C.a ti ?i?D ILL IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR S.R. 0015, SECTION 0069 A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN JOSEPH N. HOANG and MARY THEIN HOANG Plaintiffs V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6116 CIVIL TERM COMMONWEALTH OF EMINENT DOMAIN PENNSYLVANIA, DEPARTMENT OF PROCEEDINGS - IN REM TRANSPORTATION REPORT OF CHAIRMAN OF VIEWERS TO THE HONORABLE. THE JUDGES OF SAID COURT: The undersigned Chairman of Viewers respectively reports: HISTORY OF THE CASE 1. On November 17, 2006, Herbert P. Henderson II, Esquire, Pecht & Associates, PC, filed on behalf of Petitioners Joseph N. Hoang and Mary Thien Hoang, brother and sister, a Petition to Appoint a Board of View and on December 26, 2006 the Court by Judge Edgar B. Bayley appointed William A. Duncan, Esquire, Chairman, James Sheya and Fred Hefelfinger as a Board of View to ascertain the just compensation due to the Plaintiffs for the condemnation of Real Estate known and numbered as 3503, 3505 and 3507 Simpson Ferry Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania (Exhibit "A'). 2. On February 23, 2007, Chairman Duncan received a Praecipe for Entry of Appearance indicating that Mr. Kelly Solomon, Esq. would be representing PennDOT. 3. On May 1, 2007, A Notice of View was sent via facsimile and certified mail to all pasties setting the date of July 5, 2007 for a View of the property at 3503, 3505 and 3507 Simpson Ferry Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania (Exhibit "B). 5. On July 5, 2007 Viewers viewed the property at 350, 3505 and 3507 Simpson Ferry Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania. 6. On July 9, 2007, A Notice of Hearing scheduled for September 18, 2007 in the offices of Duncan & Hartman, PC, One Irvine Row, Carlisle, PA, was sent to all parties by certified mail (Exhibit "C'). 7. On May 2, 2008, PennDOT sent Chairman Duncan a letter indicating that no Hearing was to be scheduled at this time (Exhibit "D'). 10. On September 2, 2008, PennDOT sent Chairman Duncan a letter requesting an Indefinite Continuance of up to several years in this Case until the completion of road improvements could be finished. 11. Chairman Duncan respectfidly requests that the Board of View be vacated and expenses and fees to date attached hereto be paid to the Viewers and a copy of the Order vacating the Board forwarded to the Condemner's and Condemnee's Counsel. CONCLUSION As set forth in the History of the Case, the matter for which the Board of View was appointed had been started and continued in proper form. Therefore, the Board of View should be vacated and any costs associated with the Views paid in accord with the following assessment of the cost of viewers: William A. Duncan, Esq., Chairman 1 Irvine Row Carlisle, PA 17013 R. Fred Hefelfinger 4 Todd Circle, Apt. D. Carlisle, PA 17013 James Sheya 433 Mooreland Avenue Carlisle, PA 17013 Signatures: James 3 Days @ $375 = $ 1,125.00 Certified mail 9 Notices x 4.64 = 41.76 Certified mail 6 Notices x 5.21 = 31.26 Mileage 26 mi. x.50 = 13.00 Total _ $ 1,211.02 1 Day @ $250 = $ 250.00 Mileage 26 mi. x.50 = 13.00 Total = $ 263.00 1 Day @ $250 = $ 250.00 Mileage 26 mi. x.50 = 13.00 Total = $ 263.00 Total Cost of Viewers $ 1,737.02 4R! e er William A. Duncan ? ces cr ? F- N11s1_ Q C) cli 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 BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-6116 CIVIL TERM (L..ORDER OF COURT AND NOW, this U?` day of December, 2006, William A. Duncan, Esquire, Chairman, James Sheya and Fred Hefelfinger are appointed as a Board of View on the properties of 3503, 3505 and 3507 Simpson Ferry Road, Mechanicsburg, Cumberland County, Pennsylvania. .,erbert P. Henderson, II, Esquire For Petitioners tAlliam A. Duncan, Esquire Chairman, Board of View XO\De :sal EXHIBIT "A" DEC 18 x,y . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORATION, OF RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION 006, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN NO. 06-6116 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM PETITION OF JOSEPH N. HOANG AND MARY THIEN HOANG TO APPOINT A BOARD OF REVIEW TO DETERMINE THE AMOUNT OF JUST COMPENSATION AND NOW, come your Petitioners, Joseph N. Hoang and Mary T. Hoang, brother and sister, who, by and through their attorney, Herbert P. Henderson, II, and Pecht & Associates file this Petition to Appoint a Board of Review to Determine the Amount of Just Compensation for their real estate subject to the within condemnation proceeding and in support thereof aver the following: 1. Petitioners herein are Joseph N. Hoang, an adult individual, with. current mailing address of 1024 North Utah Street, Apt. 319, Arlington, Virginia 22201-5734 and Mary T. Hoang, an adult individual, with a currently residing at 1050 North Taylor Street, Unit 101, Arlington, Virginia 22201-5734. 2. Petitioners herein are brother and sister and are the owners of certain real estate known as and situate at 3503, 3505, and 3507 Simpson Ferry Road, Mechanicsburg, Cumberland County, Pennsylvania, the parcels affected by the within taking. 3. Petitioners aver that the Commonwealth of Pennsylvania has offered $30,800.00 as just compensation, an amount considerably less than the actual value of the taking. 4. Petitioners believe and therefore aver that their parcels of real estate are situated in a commercial district, and that due to the local ordinances, the taking will substantially devalue each parcel to such a degree that each property in its current state would either be rendered useless for a commercial property or require substantial renovations in order to utilize the property as permissible use granted. 5. Petitioners believe and therefore avers that they will be able to present evidence establishing the actual loss and that they have good faith basis for asserting that the loss exceeds that submitted by Pennsylvania Department of Transportation. WHEREFORE, Petitioners, Joseph N. Hoang and Mary T. Hoang respectfully request this Honorable Court appoint a Board of Review. Respectfully Submitted, PECHT & ASSOCIATES, PC k". By: Herbert P. Henderson, II, Esquire Attorney for Petitioners 55 West High Street Elizabethtown, PA 17022 (717) 367-2800 Attorney ID# 56304 COMMONWEALTH OF PENNSYLVANIA, ) )ss: COUNTY OF CUMBERLAND ) I, HERBERT P. HENDERSON, II, ESQUIRE, being duly affirmed according to law, deposes and says that he is the attorney for the within-named Defendant; that he is authorized to make this affidavit; that this affidavit is made by him and not the Defendant as he is more familiar with the subject matter of the document than the Defendant; being procedural matters involved in this document, and that the facts set forth in the foregoing document are true and correct. Herbert P. Henderson, II, Esquire Swom and subscribed to before me this 17th day of November 2006. Notary Public COMMONWEALTH OF PENN YLV notarial Seal Barbara L Eaton, Notary Public Lower ARen Twp„ Cwr? rW-4 Qu* My CorrP*sion Expires May 21, 2010 Member, Pennsylvania Association of Notaries. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION GOVERNOR'S OFFICE OF GENERAL COUNSEL ReUy F- Solomon, Assistant Counsel Right of Way Section Supreme Court I.D. #85714 P. O. Box 8212 HARRISBURG, PENNSYLVANIA 17105-8212 (717) 787-3128 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 S.R. 0015, SECTION 006, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN JOSEPH N. HOANG and MARY THIEN HOANG Plaintiffs CIVIL ACTION -- LAW No. 06-6116-CIVIL V. 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: Kelly E. olomon, Esq. Attorney for the Defendant 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 S.R. 0015, SECTION 006, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN CIVIL ACTION -- LAW JOSEPH N. HOANG and MARY THIEN HOANG No. 06-6116-CIVIL Plaintiffs V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant 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: Herbert P. Henderson, 11, Esq. PECHT & ASSOCIATES PC 55 West High Street Elizabethtown, PA 17022 Respectfully submitted, OFFICE OF CHIEEFF COUNSEL By- Kelly E. Solomon Assistant Counsel Attorney for the Defendant Dated: February 23, 2007 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL REAL PROPERTY DIVISION POST OFFICE BOX 8212 HARRISBURG, PA 17105-8212 TELEPHONE: (717) 787-3128 FACSIMILE: (717) 772-2741 February 23, 2007 William A. Duncan, Esquire Chairperson, Board of View Duncan Hartman & Douglas PC One Irvine Row Carlisle, PA 17013-3019 Re: Joseph N. Hoang and Mary Thien Hoang v. Commonwealth of Pennsylvania, Department of Transportatlon No. 06-6116-CML (Cumberland County) Dear Attorney Duncan: Please be advised that the undersigned will be representing the Commonwealth of Pennsylvania in all matters related to the above-captioned claim. Kindly direct notices and correspondence directly to me at the above address, with a copy thereof to PennDot R/W Administrator, Engineering District 8-0, 2140 Herr Street, Harrisburg, PA 17103-1699. . Enclosed please find a copy of my praecipe for entry of appearance which I recently filed with the Prothonotary of Cumberland County. Thank you for your consideration and attention to this matter. Very truly yours, OFFICE OF CHIEF COUNSEL BY: Kelly E. Solomon Assistant Counsel Right of Way Section cc: Herbert P. Henderson, II, Esquire David B. Reynolds, R/W Administrator, District 8-0 William J. Cressier, Assistant Chief Counsel Christopher J. Clements, Assistant Counsel-in-Charge COMMONWEALTH KEYSTONE BUILDING - 9TH FLOOR - 400 NORTH STREET - HARRISBURG, PA 17120-0096 IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR S.R. 0015, SECTION 006, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6116 CIVIL TERM JOSEPH N. HOANG and MARY THEIN HOANG Plaintiffs V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION EMINENT DOMAIN PROCEEDINGS - IN REM NOTICE OF VIEW TO: Kelly E. Solomon, Esq. Assistant Counsel Commonwealth of PA - Dept. of Transportation P.O. Box 8212 Harrisburg, PA 17105-8212 James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 Herbert P. Henderson, 11, Esq. Pecht & Associates, P.C. 55 West High Street Elizabethtown, PA 17022 R. Fred Hefelfinger 247 West Baltimore Street Carlisle, PA 17013 William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 EXHIBIT "B" NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and Fred Hefelfinger, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet at the subject premises in Lower Allen Township, Cumberland County on Thursday, July 5, 2007, at 9:30 A.M. for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and to present information pertinent to the View. A Hearing will convened at a later date at the Cumberland County Court House. No testimony will be taken at the View. Date: . 2007 WAD/jda By: ?--- William A. Duncan, Esquire Chairman, Board of View CABO"M OF VIEVV\Notice of Hearing and View IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR S.R. 0015, SECTION 006, A LIIVMD ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN ROBERT P. GOODALL, JR. and JOANNE P. GOODALL Plaintiffs V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6116 CIVIL TERM COMMONWEALTH OF EMINENT DOMAIN PENNSYLVANIA, DEPARTMENT OF PROCEEDINGS - IN REM TRANSPORTATION NOTICE OF HEARING TO: Mr. Kelly E. Solomon, Esq. Assistant Counsel Commonwealth of PA - Dept. of Transportation P.O. Box 8212 Harrisburg, PA 17105-8212 R. Fred Hefelfinger 4 Todd Circle, Apt. D. Carlisle, PA 17013 William A. Duncan, Chairman One Irvine Row Carlisle, PA 17013 Herbert P. Henderson, II, Esq. Pecht & Associates, P.C. 55 West High Street Elizabethtown, PA 17022 Mr. James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 EXHIBIT "C" NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and Fred Hefelfinger, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet at the offices of Duncan & Hartman, P.C., One Irvine Row, Carlisle, Pennsylvania, on Tuesday, September 18, 2007, at 9:30 A.M. for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and present their objections. 2007 Date: By: WM William A. Duncan, Esquire Chairman, Board of View WAD/jda COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL REAL PROPERTY DMsiON POST OFFICE BOX 8212 HARRISBURG, PA 17105-8212 TELEPHONE: (717) 787-3128 FACSIMILE: (717) 772-2741 email: ksolomon@state.pa.us May 2, 2008 Duncan & Hartman, P.C. Attn: William A. Duncan, Esq. One Irvine Row Carlisle, PA 17013 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 Borough of Camp Hill and the Township of Lower Allen No. 06-6116-Civil. Cumberland Countv Joseph N. Hoang and Mary Thien Hoang Robert L. Goodall, Jr. and Joanne P. Goodall Dear Chairman Duncan: This letter is in response to your letters dated April 23, 2008, and April 29, 2008, in reference to the above listed cases. In both cases, the parties are working toward an amicable settlement. I spoke with condemnees' counsel yesterday and I believe his feelings on this matter are the same as mine; that is, we do not desire to schedule a hearing at this time. Condemnees' counsel can correct me if my understanding is wrong. Thank you for your cooperation in this matter. Very truly yours, By: ly Edward Solomon ;istant Counsel cc: William Cressler, Assistant Chief Counsel, Real Property Division Christopher Clements, Assistant Counsel in Charge, Right of Way Section Herbert Henderson, II, Esq. David Reynolds, Right of Way Administrator, District 8-0 File EXHIBIT "D" COMMONWEALTH KEYSTONE tISBURG, PA 17120-0096 COMMONWEALTH OF PENNSYLVANIA LU DEPARTMENT OF TRANSPORTATION OFFICE of CHIEF COUNSEL REAL PROPERTY DMSION POST OFFICE BOX 8212 HARRISBURG, PA 17105-8212 TELEPHONE: (717) 787-3128 GOVERNOR'S OFFICE OF FACSIMILE: (717) 772-2741 GENERAL COUNSEL email: ksolomon@state.pa.us September 2, 2008 Duncan & Hartman, P.C. Attn: William A. Duncan, Esq. One Irvine Row Carlisle, PA 17013 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 Borough of Camp Hill and the Township of Lower Allen No. 06-6116-Civil, Cumberland County Jospeh N. Hoang and Mary Thien Hoang Dear Chairman Duncan: The Commonwealth respectfully requests an indefinite continuance in this matter. Condemnee's counsel, Attorney Henderson, joins me in this request. The parties are currently exploring different settlement options and one of the options requires completion of the highway project, Since that will take several years, it would be best for everyone involved to indefinitely continue this matter. The parties will contact you if we need the services of the Board in the future. Thank you for your understanding in this matter. Very truly yours, By: ,ard Solomon Counsel cc: William Cressler, Assistant Chief Counsel, Real Property Division Christopher Clements, Assistant Counsel in Charge, Right of Way Section Herbert Henderson, II, Esq. David Reynolds, Right of Way Administrator, District 8-0 File COMMONWEALTH KEYSTONE BUILDING • e FLOOR - 400 NORTH STREET • HARRISBURG, PA 17120-0096 r?r??.,,em?grlA,??t.-•i! ?e'f,«'de?r?eq?t'?'?"' ? w E ? ??1 '? 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TccstPostage &Fees I 7" Wl ' IN RE: CONDEMNATION BY : IN THE COURT OF COMMON PLEAS OF THE COMMONWEALTH OF : CUMBERLAND COUNTY, : PENNSYLVANIA PENNSYLVANIA DEPARTMENT OF : TRANSPORTATION, OF RIGHT OF WAY FOR S.R. 4015, SECTION 0069 A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN NO. 06-6116 CIVIL TERM ROBERT P. GOODALL, JR. and JOANNE P. GOODALL Plaintiffs V. COMMONWEALTH OF EMINENT DOMAIN PENNSYLVANIA, DEPARTMENT OF PROCEEDINGS - IN REM TRANSPORTATION REPORT OF CHAIRMAN OF VIEWERS TO THE HONORABLE. THE JUDGES OF SAID COURT: The undersigned Chairman of Viewers respectively reports: HISTORY OF THE CASE 1. On May 10, 2007, Herbert P. Henderson II, Esquire, Pecht & Associates, PC, filed on behalf of Petitioners Joanne P. Goodall and Robert L. Goodall, Jr., mother and son, a Petition to Appoint a Board of View and on May 15, 2007 the Court by Judge Edgar B. Bayley appointed William A. Duncan, Esquire, Chairman, James Sheya and Fred Hefelfinger as a Board of View to ascertain the just compensation due to the Plaintiffs for the condemnation of Real Estate known and numbered as 3501 Simpson Ferry Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania. 2. On May 30, 2007 a letter was sent by Chairman Duncan that although 3501 Simpson Ferry Road is a separate property with separate owners, it was combined with another property with separate owners and filed under the same number of No. 06-6116 Civil Term docket. A request was made to recognize the two (2) separate properties for purposes of the Board's View and Hearing and Report. . 3. On June 1, 2007, Chairman Duncan received correspondence from PennDOT's Assistant Counsel, Mr. Kelly E. Solomon, Esq., that PennDOT was never served a Petition for a View for Petitioners from Petitioner's Attorney. A new date for a separate View on the Goodalls ti property was requested by PennDOT (Exhibit "C"). 4. On June 19, 2007, A Notice of View was sent via facsimile and certified mail to all parties setting the date of July 5, 2007 for a View of the property at 3501 Simpson Ferry Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania. 5. On July 5, 2007 Viewers viewed the property at 3501 Simpson Ferry Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania. 6. On July 9, 2007, A Notice of Hearing scheduled for September 27, 2007 in the offices of Duncan 8t Hartman, PC, One Irvine Row, Carlisle, PA, was sent to all parties by certified mail (Exhibit "D"). 7. On September 12, 2007, Petitioner's attorney notified Chairman Duncan that the September 27, 2007 Hearing had been Postponed and a Continuance granted by PennDOT (Exhibit "E'J. 8. On April 23, 2008, Chairman Duncan sent a letter inquiring as to the status of the PennDOT/Goodall Case (Exhibit "F'). 9. On May 2, 2008, PennDOT sent Chairman Duncan a letter indicating that no Hearing was to be scheduled at this time, (Exhibit "G'). 10. On September 2, 2008, PennDOT sent Chairman Duncan a letter requesting an Indefinite Continuance of up to several years in this Case until the completion of road improvements could be finished (Exhibit 11. Chairman Duncan respectfully requests that the Board of View be vacated and expenses and fees to date attached hereto be paid to the Viewers and a copy of the Order to Vacate the Board forwarded to the Condemner's and Condemnee's Counsel. I J R CONCLUSION El As set forth in the History of the Case, the matter for which the Board of View was appointed had been started and continued in proper form. Therefore, the Board of View should be vacated and any costs associated with the Views paid in accord with the following assessment of the cost of viewers: William A. Duncan, Esq., Chairman 1 Irvine Row Carlisle, PA 17013 R. Fred Hefelfinger 4 Todd Circle, Apt. D. Carlisle, PA 17013 James Sheya 433 Mooreland Avenue Carlisle, PA 17013 4 Days @ $375 = $ 1,500.00 Certified mail 8 Notices x 5.21 = 41.68 Mileage 24 mi. x .50 = 12.00 Total = $ 1,553.68 1 Day @ $250 = $ 250.00 Mileage 24 mi. x .50 = 12.00 Total = $ 262.00 1 Day @ $250 = $ 250.00 Mileage 30 mi. x.50 - 12.00 Total = $ 262.00 Total Cost of Viewers $ 2,077.68 . Fred H elfi William can Signatures: t . > > c) _ > i ?1J G, ` u MAY 10 441 v IN y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY NO. 06-6116 CIVIL TERM THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION 006, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN 0 EMINENT DOMAIN PROCEEDING IN REM ORDER OF COURT Simpson Ferry 61 F this IJ? day of 2007, IAZAdn DRA60L.2 and are appointed as a Board of View on the property of 3501 Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania. EXHIBIT "A" AND NOW, 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 BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN NO. 06-6116 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM PETITION OF ROBERT L GOODALL, JR. AND JOANNE P. GOODALL TO APPOINT A BOARD OF VIEW TO DETERMINE THE AMOUNT OF JUST COMPENSATION AND NOW, come your Petitioners, Joanne P. Goodall and Robert L. Goodall, Jr., mother and son, whom, by and through their attorney, Herbert P. Henderson, 11, Esquire and Pecht & Associates, PC, file this Petition to Appoint a Board of View to Determine the Amount of Just Compensation for their real estate and property affected by the within condemnation to the amount of just compensation within condemnation proceeding and in support thereof aver the following: 1. Petitioners herein are Robert L. Goodall, Jr., an adult individual, with a current mailing address of 3501 Simpson Ferry Road, Camp Hill, Pennsylvania 17011-6406 and Joanne P. Goodall, an adult individual, with a currently residing at 120 Red Haven Road, New Cumberland, Pennsylvania 17070-3164. 2. Petitioners herein are mother and son and are the owners of certain real estate known as and situate at 3501 Simpson Ferry Road, Lower Allen Township, Cumberland County, Pennsylvania, the parcel affected by the within taking. 3. Petitioners aver that the Commonwealth of Pennsylvania has offered $45,800.00 as just compensation, an amount considerably less than the actual value of the taking of their real estate and $2,895.00 for the displacement of an Outdoor Advertising Device (OAD). The Outdoor Advertising Device was the only means of demarcating and advertising to the public Petitioner's business location. 4. Petitioners believe and therefore aver that the taking will permanently and adversely effect their business as the taking will alter the ingress and egress to such a degree that it will be impossible for work vehicles, delivery trucks and the like to enter the premises without causing significant damage as the topography of the land will not allow proper access. 5. Petitioners further believe and therefore aver that the amount offered for the taking of the real estate does not adequately compensate them for either the direct damages for the loss of taking their property or the indirect damages for loss of business, goodwill, etc. 6. Petitioners aver that due to the local ordinances, the taking effectively eliminates the ability of Petitioners to replace the current OAD with any remotely similar device. 7. Petitioners further believe and therefore aver that the amount offered as the fair market value of the OAD falls woefully short of the loss which will be suffered by Petitioners. 8. Petitioners believe and therefore aver that they will be able to present evidence establishing the actual loss and that they have a good faith basis for asserting that the loss exceeds that submitted by Pennsylvania Department of Transportation. WHEREFORE, Petitioners, Robert L. Goodall, Jr. and Joanne P. Goodall, respectfully request for this Honorable Court to Appoint a Board of View. Respectfully Submitted, PECHT & ASSOCIATES, PC By: Wayne M. Pecht, squire, ID#38904 Herbert P. Henderson, II, Esquire Attorney ID# 56304 Attorneys for Petitioners 55 West High Street Elizabethtown, PA 17022 (717) 367-2800 VERIFICATION I verify that the statements made in the foregoing Petition to Appoint a Board of View To Determine The Amount of Just Compensation are true and correct to the best of my knowledge, information and belief. I understand.that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Ro a L. Goodall, Jr. VERIFICATION I verify that the statements made in the foregoing Petition to Appoint a Board of View To Determine The Amount of Just Compensation are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the. penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. J e P. Goodall Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 William A. Duncan Susan J. Hartman Kelly E. Solomon, Esq. Assistant Counsel Commonwealth of PA - Dept. of Transportation P.O. Box 8212 Harrisburg, PA 17105-8212 Herbert P. Henderson, U, Esq. Pecht & Associates, P.C. 55 West High Street Elizabethtown, PA 17022 PennDot R/W Administrator Engineering District 8-0 2140 Herr Street Harrisburg, PA 17103-1699 RE: Views on Simpson Ferry Road Dear Viewers; No. 06-6116 Civil Term 3503 - 3505 - 3507 Simpson Ferry Road (717) 249-7780 FAX (717) 249-7800 dhdlaw@planetcable.net May 30, 2007 On December 26, 2006, Judge Bayley appointed William A. Duncan, Chairman and James Sheya and Fred Hefelfinger as a Board of View for property located at 3503-3505-3507 Simpson Ferry Road, Mechanicsburg, Cumberland County, owned by Joseph and Mary Hoang in regard to a Condemnation by the Commonwealth of Pennsylvania. We have given Notice to all those specified in this letter of a View which will be July 5, 2007 at 9:30 A.M. Notice has been given to all parties. EXHIBIT "B" Page 2 No. 06-6116 Civil Term 3501 Simpson Ferry Road On May 15, 2007 Judge Bayley appointed the same Viewers to act upon 3501 Simpson Ferry Road, Mechanicsburg, Cumberland County, owned by Joanne and Robert Goodall. It is obvious to me as Chairman of the Board of View that although there are four (4) separate addresses, and two (2) sets of owners, that the entire filing has been combined under the same number of No. 06-6116 Civil Term docket. Therefore, we will be giving Notice for the parties and the same attorneys unless instructed otherwise as to PennDot to have a View of 3501 Simpson Ferry Road. It is possible that this View could be conducted immediately after the View of 3503-3505-3507. If PennDot has a different attorney on 3501, we need to be advised immediately, as of now it is Kelly Solomon. The Board of View will be issuing two (2) separate and distinct Reports; one (1) as to Hoang and one (1) as to Goodall. Each Report can be dealt with by the attorneys on its own merits and for purposes of the Docket, unless the attorneys for the parties feel that a new entry must be made, the Reports will be individually identifiable. Our Board of View attempts to be efficient but will not view both properties on the same day unless we know that the parties in interest, the Goodalls, will be available. In the interest of time, please contact my office immediately to react to this letter. Yours truly, DUNCAN & HARTMAN, P.C. Wl--,/ William A. Duncan WAD/jda CC: James Sheya Fred Hefelfinger w=NNi.iV! !,tllrr G1!UN.3CL rax:1111JLz1u iun I ,uii; It) :U0 r.UZ COMMONWEALTH OF PENNSYLVANIA Ilk DEPARTMENT OF TRANSPORTATION OFACE OF CHIEF COUNSEL Rr au PROpmm Dmwcw POST OFFICE Box 8212 HARRISBURG, PA 17105-8212 TELEPHONE: (717) 787-3128 GOy X11"'s 0MCE OF FACSIMILE: (717) 772-2741 GENEwu. COVNUL email: ksolomonCstate.pa.us June 1, 2007 Duncan & Hartman, P.C. Attn: William A. Duncan, Esq. One Irvine Row Carlisle, PA 17013 Re: In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for State Route 0415, Section 005, a Llmked Access Highway lnt sh Borough of Camp Hill and the Township of Lower Allen No. 05411$-CMI._Cumberland County Goodall Sent via FAX only f7171 -7800 Dear Attorney Duncan; I am in mceipt of your letter dated May 30, 2007, regarding views of properties located on Simpson Perry Road, Mechanicsburg, Pennsylvania, in relation to the above referenced condemnation action. I acknowledge again the view scheduled in the Hoang case for July 5, 2007, and will be in attendance on behaff of the Commonwealth of Pennsylvania, Department of Transportation (PennDOT). As to the Goodall case, please be advised that your May 30, 2007, letter was the first time anyone connected with PennDOT was informed that the Goodalis had filed a Petition for Board of View. PennDOT was never served with the Petition, despite Attorney Christopher Clements' notice of appearance being on record with the Cumberland County Prothonotary in this matter, Counsel for PennDOT would be available to view the Goodall property following the Hosing site view. However; given the late notice, there Is not adequate time to prepare a viewers plan before that'date. Given the requirement of 26 PaI.C,S, §509 that PennDOT provide a viewers plan at or before the view, PennDOT would require a written acknowledgment from the Board of View and the condemnee that they are amenable to conducting the view without a viewers plan. Thank you for your understanding in this matter. EYMIT "C" COMMC WWMTH KEYSMM BUILDING - 9T" FLOOR -• 400 NORTH STREET - HARRISeuRo. PA 111204096 w'-(9 111.)1 I_rtirr i,'lN?CL rax:ili 1 Z z 41 JUII I LUI11 Ih:Llh Y.LL3 Very truly youm, OFFICE OF CHIEF COUNSEL By:? Keflyl.-S&Iomcin Assistant Counsel cc: William Cressler, Assistant Chief Counsel, Real Property Division Christopher Clements, Assistant Counsel in Charge, Right of Way Section Dave Reynolds, Right of Way Administrator, Districi 8-0 Herbert Henderson, Esq. File P•rNr-4"t'! ?,"Irr ?,1)UNurL f ax: e I jJIzz141 jin I zu I1i:W) Y.UI COMf4O14WMTH OF P ENNMVANIA DEPARTMENT OF "ANSPORii'ATION Omc r +Civw Couwa FACSIMILE Date: June 1, 2007 To: William A. Duncan, Esq Fax: (717) 249-7800 Location: Carlisle, PA From: Kelly Solomon Number of pages (including cover sheet): 3 If you do not receive all of the indicated pages clearly, please contact the sender at (717)705-1275 or at ksolomonCetate.pa.us. CONRDEN77AUTY NOTE The Information and documents accompanying this transmission contain Information from the Office of Chief Counsel which is confidential andfor legally privileged. The information is intended solely for the use of the individual or entity named on the transmission shest. If you we not the designated incipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance on the contents of this Information is prohibited. MESSAGE M mey Duncan: Please sea g,ched. Kelly Solomon OVERNIGHT MAILING ADDRESS: Office of Chief Counsel PennDOT 400 North Street - e Floor Harrisburg, PA 17120-0096 REGULAR MAILING ADDRESS: Office of Chief Counsel PennDOT Post Office Box 8212 Harrisburg, PA 17105-8212 Main Office Telephone Number (717) 787-3128 Office Fax Number (717) 772.2741 MAY I 0 20GY/ 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 BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN NO. 06-6116 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM ORDER OF COURT AND NOW, this _ day of r t ay . 2007, Wi Him A. bunea?_n Q Thep and RPA I- AP-I ?t?Pr are appointed as a Board of View on the property of 3501 Simpson Ferry Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania. BY THE COURT: REOORt TRUE COPY FROM t Tedt"whmm, i hem woad a w hay W No 00 of said Cwn x t Pa. Z 70.2. Of P, in n - IF William A. Duncan Susan I Hartman B? (717) 249-7780 FAX (717) 249-7800 dhdlaw@planetcable.net June 19, 2007 Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 Herbert P. Henderson, 11, Esq. Pecht & Associates, P.C. 55 West High Street Elizabethtown, PA 17022 Dear Counsel: Mr. Kelly E. Solomon, Esq. Assistant Counsel Commonwealth of PA - Dept. of Transportation P.O. Box 8212 Harrisburg, PA 17105-8212 RE: No. 06-6116 Civil Term 3501 Simpson Ferry Road Please see the enclosed Notice of View regarding the above captioned matter. We have scheduled the View for Thursday, July 5, 2007 at 10:00 A.M. at the above address. Please stipulate that you waive any Notice requirements as to the Date and Notice to any property owners of the Board of View. Such waivers should be reduced to written form and forwarded to my office prior to the View. Please confirm your attendance with my of fice. Yours truly, DUNCAN & HARTMAN, P.C. William A. Duncan, Esq. WAD/jda Enclosure CC: PennDot R/W Administrator James Sheya Fred Hefelfinger IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR S.R. 0015, SECTION 006, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN ROBERT P. GOODALL, JR. and JOANNE P. GOODALL Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6116 CIVIL TERM V. COMMONWEALTH OF EMINENT DOMAIN PENNSYLVANIA, DEPARTMENT OF PROCEEDINGS - IN REM TRANSPORTATION NOTICE OF VIEW TO: Kelly E. Solomon, Esq. Assistant Counsel Commonwealth of PA - Dept. of Transportation P.O. Box 8212 Harrisburg, PA 17105-8212 James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 Herbert P. Henderson, E, Esq. Pecht & Associates, P.C. 55 West High Street Elizabethtown, PA 17022 R. Fred Hefelfinger 247 West Baltimore Street Carlisle, PA 17013 William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and Fred Hefelfinger, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet at the subject premises in Lower Allen Township, Cumberland County on Thursday, July 5, 2007, at 10:00 A.M. for the perfbrmance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and to present information pertinent to the View. A Hearing will convened at a later date at the Cumberland County Court House. No testimony will be taken at the View. Date: 2007 By: William A. Duncan, Esquire Chairman, Board of View WAD/jda PECHT & ASSOCIATES, PC 55 West High Street Elizabethtown, PA 17022 Wayne M. Pecht Member of California Bar CPA/LLM in Taxation Telephone: 717-367-2800 Fax: 717-867-9400 e-mail: hhenderson@pechtlaw.com Rob Bleecher Herbert P. Henderson, II September 12, 2007 William A. Duncan, Esq. One Irvine Row Carlisle, PA 17013 RE: Goodall PennDOT Condemnation of 3501 Simpson Ferry Road, Lower Allen Township Dear Mr. Duncan: Our clients have requested a continuance and the Commonwealth has agreed to postpone the Board of View hearing scheduled for September 27, 2007. We are respectfully requesting you grant a postponement until such time as our clients obtain additional information, the same of which is necessary for a proper presentation of our case to the Board. Very truly yours, PECHT & ASSOCIATES, PC Herbert P. Henderson, II HPH/mlg Cc: Robert Goodall Joanne Goodall Kelly Solomon, Esq. A .4 -*4-*,- A?sd -.W, 61e-4?,' ?? V -7 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL REAL PROPERTY DmsiON POST OFFICE BOX 8212 HARRISBURG, PA 17105-8212 TELEPHONE: (717) 787-3128 GoYERNOR'S OFFICE of FACSIMILE: (717) 772-2741 GENERAL Comm September 2, 2008 Duncan & Hartman, P.C. Attn: William A. Duncan, Esq. One Irvine Row Carlisle, PA 17013 email: ksolomon@state.pa.us 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 Borough of Camp Hill and the Township of Lower Allen No. 06-6116-Civil, Cumberland County Robert L. Goodall, Jr. and Joanne P. Goodall Dear Chairman Duncan: The Commonwealth respectfully requests an indefinite continuance in this matter. Condemnee's counsel, Attorney Henderson, joins me in this request. The . parties are currently exploring different settlement options and one of the options requires completion of the highway project. Since that will take several years, it would be best for everyone involved to indefinitely continue this matter. The parties will contact you if we need the services of the Board in the future. Thank you for your understanding in this matter. Very truly yours, By: Edward Solomon taut Counsel cc: William Cressler, Assistant Chief Counsel, Real Property Division Christopher Clements, Assistant Counsel in Charge, Right of Way Section Herbert Henderson, II, Esq. David Reynolds, Right of Way Administrator, District 8-0 File COMMONWEALTH KEYSTONE BUILDING • O' FLOOR-400 NORTH STREET • HARRISBURG, PA 17120-0096 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Will, OFFICE OF CHIEF COUNSEL REAL PROPERTY DIVISION POST OFFICE BOX 8212 HARRISBURG, PA 17105-8212 TELEPHONE: (717) 787-3128 Gov=NoR's Omcz of FACSIMILE: (717) 772-2741 GEmRAL COUNSEL September 2, 2008 Duncan & Hartman, P.C. Attn: William A. Duncan, Esq. One Irvine Row Carlisle, PA 17013 email: ksolomon@state.pa.us 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 Borough of Camp Hill and the Township of Lower Allen No. 06-6116-Civil. Cumberland County Robert L. Goodall, Jr. and Joanne P. Goodall Dear Chairman Duncan: The Commonwealth respectfully requests an indefinite continuance in this matter. Condemnee's counsel, Attorney Henderson, joins me in this request. The parties are currently exploring different settlement options and one of the options requires completion of the highway project. Since that will take several years, it would be best for everyone involved to indefinitely continue this matter. The parties will contact you if we need the services of the Board in the future. Thank you for your understanding in this matter. Very truly yours, By: Edward Solomon tant Counsel cc: William Cressler, Assistant Chief Counsel, Real Property Division Christopher Clements, Assistant Counsel in Charge, Right of Way Section Herbert Henderson, II, Esq. David Reynolds, Right of Way Administrator, District 8-0 File a IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR S.R. 0015, SECTION 006, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN JOSEPH N. HOANG and MARY THEIN HOANG Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6116 CIVIL TERM COMMONWEALTH OF EMINENT DOMAIN PENNSYLVANIA, DEPARTMENT OF PROCEEDINGS - IN REM TRANSPORTATION NOTICE OFHEARING TO Mr. Kelly E. Solomon, Esq. Assistant Counsel Commonwealth of PA - Dept. of Transportation P.O. Box 8212 Harrisburg, PA 17105-8212 Herbert P. Henderson, H, Esq. Pecht & Associates, P.C. 55 West High Street Elizabethtown, PA 17022 R. Fred Hefelfinger 4 Todd Circle, Apt. D. Carlisle, PA 17013 William A. Duncan, Chairman One Irvine Row Carlisle, PA 17013 Mr. James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 EXHIBIT "D" • NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and Fred Hefelfinger, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet in the Second Floor Meeting Room of the Old Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, on Thursday, September 27, 2007, at 9:30 A.M. for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and present their objections. Date: 2007 U"/c By:--- William A. Duncan, Esquire Chairman, Board of View WAD/jda • PECHT & ASSOCIATES, PC 55 West High Street Elizabethtown, PA 17022 Wayne M. Pecht Member of California Bar CPA/LLM in Taxation Rob Bleecher Herbert P. Henderson, II Telephone: 717-367-2800 Fax: 717-367-9400 e-mail: hhenderson@pechtlaw.com September 12, 2007 William A. Duncan, Esq. One Irvine Row Carlisle, PA 17013 RE: Goodall PennDOT Condemnation of 3501 Simpson Ferry Road, Lower Allen Township Dear Mr. Duncan: Our clients have requested a continuance and the Commonwealth has agreed to postpone the Board of View hearing scheduled for September 27, 2007. We are respectfully requesting you grant a postponement until such time as our clients obtain additional information, the same of which is necessary for a proper presentation of our case to the Board. Very truly yours, PECHT & ASSOCIATES, P Herbert P. Henderson, II HPH/mlg Cc: Robert Goodall Joanne Goodall Kelly Solomon, Esq. EXHIBIT " E" I? W -7 William A. Duncan Susan J. Hartman Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 April 23, 2008 • a r, (717) 249-7780 FAX (717) 249-7800 dhdlaw@planetcable.net Herbert P. Henderson, II Kelly Edward Solomon Pecht & Associates, PC Assistant Counsel 55 West High Street Commonwealth of PA Dept. Of Transportation Elizabethtown, PA 17022 P.O. Box 8212 Harrisburg, PA 17105-8212 RE: PENN Dot - Goodall Condemnation of 3501 Simpson Ferry Road, Lower Allen Township Dear Counsel: The Board of View appeared in this case and viewed the premises, reviewed the legal documents and plan to schedule a Hearing. The Hearing was postponed and we are now inquiring as to the status of this case. Please respond in written form so that we can report to the Court. Yours truly, DUNCAN & HARTMAN, P.C. William A. Duncan WAD/jda Enclosure EXHIBIT "F" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL REAL PROPERTY DmsloN POST OFFICE BOX 8212 HARRISBURG, PA 17105-8212 TELEPHONE: (717) 787-3128 FACSIMILE: (717) 772-2741 GOVERNOR'S OFFICE OF GENERAL COUNSEL email: ksolomon@state.pa.us May 2, 2008 Duncan & Hartman, P.C. Attn: William A. Duncan, Esq. One Irvine Row Carlisle, PA 17013 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 Borough of Camp Hill and the Township of Lower Allen No. 06-6116-Civil. Cumberland County Joseph N. Hoang and Mary Thien Hoang Robert L. Goodall, Jr. and Joanne P. Goodall Dear Chairman Duncan: This letter is in response to your letters dated April 23, 2008, and April 29, 2008, in reference to the above listed cases. In both cases, the parties are working toward an amicable settlement. I spoke with condemnees' counsel yesterday and I believe his feelings on this matter are the same as mine; that is, we do not desire to schedule a hearing at this time. Condemnees' counsel can correct me if my understanding is wrong. Thank you for your cooperation in this matter. ,ard Solomon Counsel cc: William Cressler, Assistant Chief Counsel, Real Property Division Christopher Clements, Assistant Counsel in Charge, Right of Way Section Herbert Henderson, II, Esq. David Reynolds, Right of Way Administrator, District 8-0 File EXHIBIT "G" COMMONWEALTH KEYSTONE BUILDING • 9T" FLOOR - 400 NORTH STREET • HARRISBURG. PA 17120-0096 Very truly yours, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL REAL PROPERTY DwiON POST OFFICE BOX 8212 HARRISBURG, PA 17105-8212 TELEPHONE: (717) 787-3128 GovERNOR's OFFICE of FACSIMILE: (717) 772-2741 GENERAL CouNsEL email: ksolomon@state.pa.us September 2, 2008 Duncan & Hartman, P.C. Attn: William A. Duncan, Esq. One Irvine Row Carlisle, PA 17013 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 Borough of Camp Hill and the Township of Lower Allen No. 06-6116-Civil. Cumberland County Robert L. Goodall, Jr. and Joanne P. Goodall Dear Chairman Duncan: The Commonwealth respectfully requests an indefinite continuance in this matter. Condemnee's counsel, Attorney Henderson, joins me in this request. The. parties are currently exploring different settlement options and one of the options requires completion of the highway project. Since that will take several years, it would be best for everyone involved to indefinitely continue this matter. The parties will contact you if we need the services of the Board in the future. Thank you for your understanding in this matter. Very truly yours, By: Edward Solomon tant Counsel cc: William Cressler, Assistant Chief Counsel, Real Property Division Christopher Clements, Assistant Counsel in Charge, Right of Way Section Herbert Henderson, 11, Esq. David Reynolds, Right of Way Administrator, District 8-0 File EXHIBIT "H" COMMONWEALTH KEYSTONE BUILDING • 9'" FLOOR - 400 NORTH STREET • HARRISBURG, PA 17120-0096 C3 M Cartified d'se 0 CJ Return Receipt V ,3e (i r dorsemeni Required) C7 13 :stricted Delive y Pose ? (FndornementReouirsd) CJ l'otal Postage & Fees ..G 0 a rx rL C rr m CEI Postage $ 0 n Q Certified Fee JV/ Postmark p Return fleaeipt Fee (Endoxssment Required) Here Q Rsrk es dcted Delivery Fee ? SE?rsement Required) CO Tottrt Postage & Fees ._1] C3 Sent 'Ai (' -smga, lips o.; .l - t or PO Box No. ------------------------------------ City tate. Z1 Af sj - ??•- - Ri Y) C3 C3 Certified Fee M Q Return Receipt Fee (Endorsement Required) C3 r-I Fostricted Delivery Fee (Endorsement Required) O Total Postage & Fees 'u U 0 Sent To t n _ _._---- o Ltd /?7 /l ? . - -------------------- y/_----------- -- orPC>, Apt. No.; rPOBox1Jo.?? - - m r-I C3 M :. Postage $ A 0 U Ca 0 Certified Fee ! G C7 Return Receipt Fee C3 (Endorsement Required) tr j % _ ~ Postmark Here 4 Reslr dad DeNveryFee r-I (Endorsement Required) ^ CO C3 Total Postage & Fees a? is 51 C3 Sent To ?1®?ylta ? ;1- --yy----r--------._? ..1.i {??,'?nV-------- ------------- orPOBoxNo. r G? ?;(?1!1A POT tJ?/? aCJ - , art? y? t, Crx I co e 1:0 K441 Am ° m! toshrga' 0 Certified Fee 0 C3 laturn Receipt Fee 0 (Endorsement Required) 0 Restricted Deliver/ Fee r-l (Endorsement Required) 1:3 Total Postage & Fee, J7 -- ?-6y ?1 Sent"a ?i(f P. Street, Apt. No.; f ------------------ or PO Box No. ?I City. Stele, Zlf'+4 ---°---•--ff-- e hl Postmark Here CERTIFIED MAIL RECEIP I (Dovestic Mail Only; No Insurance Coverage Pr:)vlc Itull?? Ca F` Postage $ d?9Y C7 Certified Fee C3 C3 Return Recefpt Fee Postmark (Endorsement Required) Here C] Restricted Delivery Fee rq (Endorsement Required) r: + E3 Total Postage & Fees $ i 'W_j p Sent TO O --------------------- or PO Box No. City State, 71P+4 E:3 ru C3 ®. Postage $' l?? ".=r??fr!,:•' I p Certified Fee O Return Receipt. Fee Postmark (Endorsement Required) Here Restricted Delivery Fee 1-9 (Endorsement Required) ?O C3 Total Postage & Fees $ 1 E3 a sent To '?? 1 r Street, A Apt No -_/--J-^ --------°--------------° .L ---°---- -•-t-.._. or POBOxNO. .; !, ._..°-° J?------------------- JC - l- L ± J x --- • CERTIFIED MAIL RECEIPT 7-1 (Domestir. Mail Only. No Insurance Coverage Providec M Postage $ p O Certified Fee tl / p Return Recsipt Fee p Postmark (Endorsement Required) r t C3 Restricted Delivery Fee ? (Eraiorsement Required} $ Total Postage & Fees r -B C3 ent o o rPOBnt o:: fiodd e or PO Box No. `? ? ----- - ------ --- ---°--------° ----------------- ---------------- t:Ny, State, ZIRr?4 d -P-/ ' Gfle, ---- ------- ----• 7,6V t: b IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR S.R. 0015, SECTION 006, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN NOV. 0 6 2UG8 6 If 9 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6116 CIVIL TERM ROBERT P. GOODALL, JR. and JOANNE P. GOODALL Plaintiffs V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION EMINENT DOMAIN PROCEEDINGS -- IN REM ORDER OF COURT AND NOW, this t_ day of '2008, _ . Vutll?aL Board of View appointed on December 28, 2006 is hereby vacated and the Bill of Costs attached to its Report is ordered to be paid. ? ter' ?????? r ,; , ?? ? ?C`?' °.? E) IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR S.R. 0015, SECTION 006, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN JOSEPH N. HOANG and MARY THEIN HOANG Plaintiffs V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION NOV 0 6 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6116 CIVIL TERM EMINENT DOMAIN PROCEEDINGS - IN REM ORDER OF COURT AND NOW, this 1 ( day of , 2008, , . I it r('4? Board of View appointed on December 26, 2006 is hereby vacated and the Bill of Costs attached to its Report is ordered to be paid. Ls 0 Nd 01 i"ON 803Z M IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR S.R. 0015, SECTION 006, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN JOSEPH N. HOANG and MARY THEIN HOANG Plaintiffs V. COMMONWEALTH OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6116 CIVIL TERM EAHNENT DOMAIN PENNSYLVANIA, DEPARTMENT OF : PROCEEDINGS - IN REM TRANSPORTATION REPORT OF CHAIRMAN OF VIEWERS TO THE HONORABLE. THE JUDGES OF SAID COURT: The undersigned Chairman of Viewers respectively reports: HISTORY OF THE CASE 1. On November 17, 2006, Herbert P. Henderson 11, Esquire, Pecht & Associates, PC, filed on behalf of Petitioners Joseph N. Hoang and Mary Thien Hoang, brother and sister, a Petition to Appoint a Board of View and on December 26, 2006 the Court by Judge Edgar B. Bayley appointed William A. Duncan, Esquire, Chairman, James Sheya and Fred Hefelfinger as a Board of View to ascertain the just compensation due to the Plaintiffs for the condemnation of Real Estate known and numbered as 3503, 3505 and 3507 Simpson Ferry Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania (Exhibit "A'). 2. On February 23, 2007, Chairman Duncan received a Praecipe for Entry of Appearance indicating that Mr. Kelly Solomon, Esq. would be representing PennDOT. 3. On May 1, 2007, A Notice of View was sent via facsimile and certified mail to all parties setting the date of July 5, 2007 for a View of the property at 3503, 3505 and 3507 Simpson Ferry Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania (Exhibit `B"). 5. On July 5, 2007 Viewers viewed the property at 350, 3505 and 3507 Simpson Ferry Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania. 6. On July 9, 2007, A Notice of Hearing scheduled for September 18, 2007 in the offices of Duncan & Hartman, PC, One Irvine Row, Carlisle, PA, was sent to all parties by certified mail (Exhibit "C"). 7. On May 2, 2008, PennDOT sent Chairman Duncan a letter indicating that no Hearing was to be scheduled at this time (Exhibit "D'). 10. On September 2, 2008, PennDOT sent Chairman Duncan a letter requesting an Indefinite Continuance of up to several years in this Case until the completion of road improvements could be finished. 11. Chairman Duncan respectfiilly requests that the Board of View be vacated and expenses and fees to date attached hereto be paid to the Viewers and a copy of the Order vacating the Board forwarded to the Condemner's and Condemnee's Counsel. CONCLUSION As set forth in the History of the Case, the matter for which the Board of View was appointed had been started and continued in proper form. Therefore, the Board of View should be vacated and any costs associated with the Views paid in accord with the following assessment of the cost of viewers: William A. Duncan, Esq., Chairman 1 Irvine Row Carlisle, PA 17013 R. Fred Hefelfinger 4 Todd Circle, Apt. D. Carlisle, PA 17013 James Sheya 433 Mooreland Avenue Carlisle, PA 17013 Signatures: 3 Days @ $375 = $ 1,125.00 Certified mail 9 Notices x 4.64 = 41.76 Certified mail 6 Notices x 5.21 = 31.26 Mileage 26 mi. x.50 = 13.00 Total = $ 1,211.02 1 Day @ $250 = $ 250.00 Mileage 26 mi. x.50 - 13.00 Total = $ 263.00 1 Day @ $250 = $ 250.00 Mileage 26 mi. x.50 = 13.00 Total = $ 263.00 Total Cost of Viewers $ 1,737.02 '?')?--James a R. F e er William A. Duncan >-- cwt L r- Lu C ?LIJ LL L. LL- O i D 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 BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-6116 CIVIL TERM ORDER OF COURT AND NOW, this day of December, 2006, William A. Duncan, Esquire, Chairman, James Sheya and Fred Hefelfinger are appointed as a Board of View on the properties of 3503, 3505 and 3507 Simpson Ferry Road, Mechanicsburg, Cumberland County, Pennsylvania. erbert P. Henderson, II, Esquire For Petitioners ,,William A. Duncan, Esquire Chairman, Board of View :sal ?fCob?a? ?. 1?eabe,S, :IR. J EXHIBIT "A" DEC 18 M w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORATION, OF RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION 006, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN NO. 06-6116 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM PETITION OF JOSEPH N. HOANG AND MARY THIEN HOANG TO APPOINT A BOARD OF REVIEW TO DETERMINE THE AMOUNT OF JUST COMPENSATION AND NOW, come your Petitioners, Joseph N. Hoang and Mary T. Hoang, brother and sister, who, by and through their attorney, Herbert P. Henderson, II, and Pecht & Associates file this Petition to Appoint a Board of Review to Determine the Amount of Just Compensation for their real estate subject to the within condemnation proceeding and in support thereof aver the following: 1. Petitioners herein are Joseph N. Hoang, an adult individual, with a current mailing address of 1024 North Utah Street, Apt. 319, Arlington, Virginia 22201-5734 and Mary T. Hoang, an adult individual, with a currently residing at 1050 North Taylor Street, Unit 101, Arlington, Virginia 22201-5734. 2. Petitioners herein are brother and sister and are the owners of certain real estate known as and situate at 3503, 3505, and 3507 Simpson Ferry Road, Mechanicsburg, Cumberland County, Pennsylvania, the parcels affected by the within taking. 3. Petitioners aver that the Commonwealth of Pennsylvania has offered $30,800.00 as just compensation, an amount considerably less than the actual value of the taking. 4. Petitioners believe and therefore aver that their parcels of real estate are situated in a commercial district, and that due to the local ordinances, the taking will substantially devalue each parcel to such a degree that each property in its current state would either be rendered useless for a commercial property or require substantial renovations in order to utilize the property as permissible use granted. 5. Petitioners believe and therefore avers that they will be able to present evidence establishing the actual loss and that they have good faith basis for asserting that the loss exceeds that submitted by Pennsylvania Department of Transportation. WHEREFORE, Petitioners, Joseph N. Hoang and Mary T. Hoang respectfully request this Honorable Court appoint a Board of Review. Respectfully Submitted, PECHT & ASSOCIATES, PC By: kl-? Herbert P. Henderson, II, Esquire Attorney for Petitioners 55 West High Street Elizabethtown, PA 17022 (717) 367-2800 Attorney ID# 56304 COMMONWEALTH OF PENNSYLVANIA, ) )ss: COUNTY OF CUMBERLAND ) 1, HERBERT P. HENDERSON, II, ESQUIRE, being duly affirmed according to law, deposes and says that he is the attorney for the within-named Defendant; that he is authorized to make this affidavit; that this affidavit is made by him and not the Defendant as he is more familiar with the subject matter of the document than the Defendant; being procedural matters involved in this document, and that the facts set forth in the foregoing document are true and correct. ?I Herbert P. Henderson, II, Esquire Sworn and subscribed to before me this 17th day of November 2006. Notary Public COMMONWEALTH OF PENN ISM Notarial Seal Barbara L. Eaton, Notary Public Lower Alan Twp., Cumberland County My Comte Expires May 21, 2010 Member, Pennsylvania Association of Notaries, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION GOVERNOR'S OFFICE OF GENERAL COUNSEL Kelly 1" Solomon, Assistant Counsel Right of Way Section Supreme Court LD. #85714 P. O. Boa 8212 HARRISBURG, PENNSYLVANIA 17105-8212 (717) 787-3128 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 S.R. 0015, SECTION 006, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN JOSEPH N. HOANG and MARY THIEN HOANG No. 06-6116-CIVIL Plaintiffs V. COMMONWEALTH OF PENNSYLVANIA, EMINENT DOMAIN DEPARTMENT OF TRANSPORTATION, PROCEEDINGS -- IN REM Defendant PRAECIPE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the condemnor, Commonwealth of Pennsylvania, Department of Transportation, the defendant in the above-captioned matter. OFFICE OF CHIEF COUNSEL By ;4-- Kelly E. olomon, Esq. Attorney for the Defendant 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 S.R. 0015, SECTION 006, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN JOSEPH N. HOANG and MARY THIEN HOANG Plaintiffs V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant CIVIL ACTION -- LAW No. 06-6116-CIVIL 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: Herbert P. Henderson, H, Esq. PECHT & ASSOCIATES PC 55 West High Street Elizabethtown, PA 17022 Respectfully submitted, OFFICE OF CCHHIE/FF COUNSEL By: Kelly E. Solomon Assistant Counsel Attorney for the Defendant Dated: February 23, 2007 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL REAL PROPERTY DIvISION POST OFFICE BOX 8212 HARRISBURG, PA 17105-8212 r TELEPHONE: (717) 787-3128 GOVERNOR'S OFFICE OF FACSIMILE: (717) 772-2741 GENERAL COUNSEL February 23, 2007 William A. Duncan, Esquire Chairperson, Board of View Duncan Hartman & Douglas PC. One Irvine Row Carlisle, PA 17013-3019 Re: Joseph N. Hoang and Mary Thien Hoang v, Commonwealth of Pennsylvania, Department of Transportation No. 06-6116 CIVIL (Cumberland County) Dear Attorney Duncan: Please be advised that the undersigned will be representing the Commonwealth of Pennsylvania in all matters related to the above-captioned claim. Kindly direct notices and correspondence directly to me at the above address, with a copy thereof to PennDot R/W Administrator, Engineering District 8-0, 2140 Herr Street, Harrisburg, PA 17103-1699. Enclosed please find a copy of my praecipe for entry of appearance which I recently filed with the Prothonotary of Cumberland County. Thank you for your consideration and attention to this matter. Very truly yours, OFFICE OF CHIEF COUNSEL BY: Kelly E. Solomon Assistant Counsel Right of Way Section cc: Herbert P. Henderson, II, Esquire David B. Reynolds, R/W Administrator, District 8-0 William J. Cressler, Assistant Chief Counsel Christopher J. Clements, Assistant Counsel-in-Charge COMMONWEALTH KEYSTONE BUILDING - 9TH FLOOR - 400 NORTH STREET - HARRISBURG, PA 17120-0096 IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR S.R. 0015, SECTION 006, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN JOSEPH N. HOANG and MARY THEIN HOANG Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6116 CIVIL TERM COMMONWEALTH OF EMINENT DOMAIN PENNSYLVANIA, DEPARTMENT OF PROCEEDINGS - IN REM TRANSPORTATION NOTICE OF VIEW TO: Kelly E. Solomon, Esq. Assistant Counsel Commonwealth of PA - Dept. of Transportation P.O. Box 8212 Harrisburg, PA 17105-8212 James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 Herbert P. Henderson, II, Esq. Pecht & Associates, P.C. 55 West High Street Elizabethtown, PA 17022 R. Fred Hefelfinger 247 West Baltimore Street Carlisle, PA 17013 William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 EXHIBIT "B" NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and Fred Hefelfinger, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet at the subject premises in Lower Allen Township, Cumberland County on Thursday, July 5, 2007, at 9:30 A.M. for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and to present information pertinent to the View. A Hearing will convened at a later date at the Cumberland County Court House. No testimony will be taken at the View. Date: 1 .2007 WAD/jda By: ?°-- William A. Duncan, Esquire Chairman, Board of View CABOARD OF V1EWNotice of Hearing and View IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR S.R. 0015, SECTION 006, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIP OF LOWER ALLEN ROBERT P. GOODALL, JR. and JOANNE P. GOODALL Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6116 CIVIL TERM COMMONWEALTH OF EMINENT DOMAIN PENNSYLVANIA, DEPARTMENT OF PROCEEDINGS - IN REM TRANSPORTATION NOTICE OF HEARING TO: Mr. Kelly E. Solomon, Esq. Assistant Counsel Commonwealth of PA - Dept. of Transportation P.O. Box 8212 Harrisburg, PA 17105-8212 R. Fred Hefelfinger 4 Todd Circle, Apt. D. Carlisle, PA 17013 William A. Duncan, Chairman One Irvine Row Carlisle, PA 17013 Herbert P. Henderson, II, Esq. Pecht & Associates, P.C. 55 West High Street Elizabethtown, PA 17022 Mr. James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 E34MIT "C" NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and Fred Hefelfinger, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet at the offices of Duncan & Hartman, P.C., One Irvine Row, Carlisle, Pennsylvania, on Tuesday, September 18, 2007, at 9:30 A.M. for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and present their objections. 2007 Date: By. WM ` ?• William A. Duncan, Esquire Chairman, Board of View WAD/jda May 2, 2008 Duncan & Hartman, P.C. Attn: William A. Duncan, Esq. One Irvine Row Carlisle, PA 17013 email: ksolomon@state.pa.us 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 Borough of Camp Hill and the Township of Lower Allen No. 06-6116-Civil, Cumberland Countv Joseph N. Hoang and Mary Thien Hoang Robert L. Goodall, Jr. and Joanne P. Goodall Dear Chairman Duncan: This letter is in response to your letters dated April 23, 2008, and April 29, 2008, in reference to the above listed cases. In both cases, the parties are working toward an amicable settlement. I spoke with condemnees' counsel yesterday and I believe his feelings on this matter are the same as mine; that is, we do not desire to schedule a hearing at this time. Condemnees' counsel can correct me if my understanding is wrong. Thank you for your cooperation in this matter. Edward Solomon tant Counsel cc: William Cressler, Assistant Chief Counsel, Real Property Division Christopher Clements, Assistant Counsel in Charge, Right of Way Section Herbert Henderson, II, Esq. David Reynolds, Right of Way Administrator, District 8-0 File EXHIBIT "D" COMMONWEALTH KEYSTONE tISBURG, PA 17120-0096 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL REAL PROPERTY DmsiON POST OFFICE BOX 8212 HARRISBURG, PA 17105-8212 TELEPHONE: (717) 787-3128 FACSIMILE: (717) 772-2741 Very truly yours, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL REAL PROPERTY DIVISION POST OFFICE BOX 8212 HARRISBURG, PA 17105-8212 TELEPHONE: (717) 787-3128 GOVERNOR'S OFFICE OF FACSIMILE: (717) 772-2741 GENERAL COUNSEL email: ksolomon@state.pa.us September 2, 2008 Duncan & Hartman, P.C. Attn: William A. Duncan, Esq. One Irvine Row Carlisle, PA 17013 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 Borough of Camp Hill and the Township of Lower Allen No. 06-6116-Civil. Cumberland County Jospeh N. Hoang and Mary Thien Hoang Dear Chairman Duncan: The Commonwealth respectfully requests an indefinite continuance in this matter. Condemnee's counsel, Attorney Henderson, joins me in this request. The parties are currently exploring different settlement options and one of the options requires completion of the highway project. Since that will take several years, it would be best for everyone involved to indefinitely continue this matter. The parties will contact you if we need the services of the Board in the future. Thank you for your understanding in this matter. 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COMMONWEALTH OF :EMINENT DOMAIN PROCEEDINGS.- PENNSYLVANIA, ~ ?tEM DEPARTMENT OF . TRANSPORTATION PRAECIPE TO SETTLE, SATISFY and DISCONTINUE To: David Buell, Prothonotary ~° --.i Kindly mark the docket settled, satisfied and discontinued with regard to the above-referenced matter. Respectfully submitted, July 21, 2010 Herbert P. Henderson, II PA ID No. 56304 Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (? 17) 691-9808 (717) 691-2070 facsimile hhendersonG~pechtlaw. com ~'7 }~ -~, ..t-, ~ ~, .'1~~ 3 73 --C IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT- OF-WAY FOR STATE ROUTE 15, SECTION 006, IN THE TOWNSHIP OF LOWER ALLEN JOSEPH N. HOANG and MARY T. HOANG brother and sister, Condemnees CLAIM NO. 0210022100 NO. 06-6116 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM N .C' PRAECIPE TO SETTLE, SATISFY, DISCONTINUE TO THE PROTHONOTARY: Please mark the above matter settled, ended, discontinued on the docket. Date: - / CERTIFICATE OF SERVICE I hereby certify that on thi day of August, 2010, a copy of the foregoing PRAECIPE TO SETTLE, SATISFY, DISCONTINUE ha been served upon: Commonwealth of Pennsylvania Office of Chief Counsel Real Property Division Mr. Kelly Edward Solomon, Assistant Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 JOSE H . HOAN, 1024 o h Utah St Arlinat A 2220, MARY T. ANG 4917 ' dal Drive Woo rid . VA 22193 - 4 aaw.004