HomeMy WebLinkAbout06-6414IN 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,
THE TOWNSHIP OF LOWER ALLEN,
THE TOWNSHIP OF EAST PENNSBORO,
AND THE TOWNSHIP OF HAMPDEN
NO.
EMINENT DOMAIN PROCEEDING
IN REM
DECLARATION OF TAKING
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
This Declaration of Taking, based on the provisions of Chapter 3, Section 302,
of the Eminent Domain Code, 26 Pa. C. S. §302, respectfully represents that:
1. The Condemnor is the Commonwealth of Pennsylvania, Department of
Transportation, acting through the Secretary of Transportation.
2. The address of the Condemnor is:
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P. O. Box 8212
Harrisburg PA 17105-8212
3. The Department of Transportation is authorized by the provisions of
Section 2003(e) of the Administrative Code of 1929, P. L. 177, 71 P. S. 513(e),
as amended, to acquire by gift, purchase, condemnation, or otherwise, land in fee simple
or such other estate or interest as it shall determine, in the name of the Commonwealth
for all transportation purposes.
4. The within condemnation has been authorized by a plan signed by
the Secretary of Transportation on February 15, 2006, titled "Drawings Reestablishing
Limited Access Highway, Authorizing Acquisition of Right-of-Way, Accepting Dedication
of Right-of-Way, Vacating Right-of-Way and Confirming Disposition of Right-of-Way
for State Route 0011 Section 028 R/W in Cumberland County, and State Route 0015
Section 006 R/W, and State Route 0581 Section 005 R/W, and State Route 2014
Section 006 R/W, also State Route 2027, State Route 8004, State Route 8007," a copy of
which plan was filed in the County Recorder's Office in Cabinet 3, Drawer 1, at page 172,
on March 17, 2006. The aforesaid plan was 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 utility easement on parcel 140 to the Borough of Camp Hill,
pursuant to Public Ordinance 235, enacted on March 30, 1936, approved April 2, 1936;
also condemned are 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 utility
easement on parcel 140 to the Borough of Camp Hill, and temporary construction
easements are hereby condemned from the properties identified on the attached Schedule
of Property Condemned, as indicated on the plans referenced in paragraph 7 above.
C-
Gary C. F ver, P. E.
Chief, Utilities and Right-of-Way Section
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
IN RE: CONDEMNATION BY
THE COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT-OF-WAY FOR
STATE ROUTE 0015, SECTION 006,
A LIMITED ACCESS HIGHWAY IN
THE BOROUGH OF CAMP HILL,
THE TOWNSHIP OF LOWER ALLEN,
THE TOWNSHIP OF EAST PENNSBORO,
AND THE TOWNSHIP OF HAMPDEN
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,
THE TOWNSHIP OF LOWER ALLEN,
THE TOWNSHIP OF EAST PENNSBORO,
AND THE TOWNSHIP OF HAMPDEN
NO.
EMINENT DOMAIN PROCEEDING
IN REM
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY OF SAID COURT:
Please enter the appearance of Christopher J. Clements, Assistant Counsel
in Charge, R/W, Office of Chief Counsel, Department of Transportation, P. O. Box 8212,
Harrisburg PA 17105-8212, as attorney for the Commonwealth of Pennsylvania,
Department of Transportation, Condemnor in the above-captioned proceedings.
Assistant
Dated: /0-3/-06
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Page 1 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 Borough of Camp Hill
Hampden Township
East Pennsboro Township
Lower Allen Township
LXL?
"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
134 2100237000 PT Hager Pacific 267, LP, R Cumberland
a Delaware Limited Partnership, County
and Recorder of
Hager Pacific 34, LP, Deeds -
a Delaware Limited Partnership Cabinet 3,
Drawer 1,
Mailing Address for both: Page 179,
c/o Pacific West Management Sheets 181 and
16027 Ventura Boulevard, Suite 550 182
Encino, CA 91436-2796
David Hager, General Partner for both
Tuvia Milsztein, a/k/a Adam Milstein,
General Partner for both
Location of Property:
Deed Book 276 Page 685
Deed Book 276 Page 696
AS THEIR INTERESTS MAY APPEAR
Page 2 of 3
COMMONWEALTH OF PENNSYLVANIA
RW-437 (9/06) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROD. NO. 080153
COUNTY Cumberland
S.R. - SECTION 0015-006
MUNICIPALITY Borough of Camp Hill
Hampden Township
East Pennsboro Township
Lower Allen Township
"TYPE OF TAKE
PT- Partial Take
TT- Total Take
D- Deed Description
P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
Office
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
140 2100240000 PT Prologis Six Rivers Limited Partnership, R Cumberland
a Delaware Limited Partnership, County
formerly known as Recorder of
Keystone Operating Partnership, L.P., Deeds -
a Delaware Limited Partnership Cabinet 3,
Drawer 1,
Mailing Address: Page 172,
4545 Airport Way Sheet 185
Denver, CO 80239-5716
General Partners:
ProLogis Allagash, GP, LLC
14100 East 35`h Place
Aurora, CO 80011
Managing Director: Edward S. Nekritz
ProLogis Brazos, GP, LLC
14100 East 35"' Place
Aurora, CO 80011
Managing Director: Edward S. Nekritz
ProLogis Cimmaron, GP, LLC
14100 East 35`" Place
Aurora, CO 80011
Managing Director: Edward S. Nekritz
ProLogis Deerfield, GP, LLC
14100 East 35`h Place
Aurora, CO 80011
Managing Director: Edward S. Nekritz
ProLogis Elkhorn, GP, LLC
14100 East 35`h Place
Aurora, CO 80011
Managing Director: Edward S. Nekritz
ProLogis Fraser Six Rivers, GP, LLC
14100 East 35`h Place
Aurora, CO 80011
Managing Director: Edward S. Nekritz
Location of Property:
Deed Book 241 Page 518
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 Borough of Camp Hill
Hampden Township
East Pennsboro Township
Lower Allen Township
TYPE OF TAKE
PT- Partial Take
TT- Total Take
PENNDOT'
'TYPE OF DESCRIPTION
D- Deed Description
P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
Office
Parcel
No.
Claim
Number
*Type
of
Take Name, Property Interest of
Condemnees, Mailing Address,
and Location of Condemned
Property Attached
Exhibit
Number
(if an)
'Type of
Description
Plan (if any)
Recorded in
289 2100386000 PT Hager Pacific 267, LP, R Cumberland
a Delaware Limited Partnership County
Recorder of
Mailing Address: Deeds -
c/o Pacific West Management Cabinet 3,
16027 Ventura Boulevard, Suite 550 Drawer 1,
Encino, CA 91436-2796 Page 179,
David Hager, General Partner Sheet 195
Tuvia Milsztein, a/k/a Adam Milstein,
General Partner
Location of Property:
Deed Book 276 Page 685
294 2100387000 PT New Penn Motor Express, Inc. R Cumberland
Mailing Address: County
625 South Fifth Avenue Recorder of
Lebanon, PA 19042-7728 Deeds -
President: Kenneth F. Leedy Cabinet 3,
and Drawer 1,
Hager Pacific 34, LP Page 179,
Mailing Address: Sheets 69A,
c/o Pacific West Management 70, and 207
16027 Ventura Boulevard, Suite 550
Encino, CA 91436-2796
David Hager, General Partner
Tuvia Milsztein, a/k/a Adam Milstein,
General Partner
Location of Property:
Sta. 129+28R to Sta139+76R of
SR 0581-005
AS THEIR INTERESTS MAY APPEAR
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". .X7
R 4i-432M (9(06)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE COMMON- NO. 6414 CIVIL TERM, 2006
WEALTH 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, THE TOWNSHIP OF
LOWER ALLEN, THE TOWNSHIP OF EAST
PENNSBORO, AND THE TOWNSHIP OF
HAMPDEN
EMINENT DOMAIN PROCEEDINGS
MEMORANDUM TO PROTHONOTARY
You are hereby informed that notice of the condemnation effected by the Declaration of Taking filed to the
above term and number on November 3, 2006 was recorded in the office of the Recorder of Deeds of the
above county in Book 0731 page 4000. 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-OF- Y ADMINISTRATOR
ENGINEERING DIS T 8-0
n
Cjba-tALeTz:?)
COMMONWEALTH OF PENNSYLVANIA
RW-437 (9106) DEPARTNIENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PRO]. NO. 080153
COUNTY Cumberland
S.R. - SECTION 0015-006
MUNICIPALITY Borough of Camp Hill
Hampden Township
East Pennsboro Township
Lower Allen Township
TYPE OF TAKE TYPE OF DES
PT- Partial Take D- Deed Description
Page I of 3
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
134 2100237000 PT Hager Pacific 267, LP, R Cumberland
a Delaware Limited Partnership, County
and Recorder of
Hager Pacific 34, LP, Deeds -
a Delaware Limited Partnership Cabinet 3,
Drawer 1,
Mailing Address for both: Page 179,
c/o Pacific West Management Sheets 181 and
16027 Ventura Boulevard, Suite 550 182
Encino, CA 91436-2796
David Hager, General Partner for both
Tuvia Milsztein, a/k/a Adam Milstein,
General Partner for both
Location of Property:
Deed Book 276 Page 685
Deed Book 276 Page 696
AS THEIR INTERESTS MAY APPEAR
BK073IPG4002
COMMONWEALTH OF PENNSYLVANIA
RW-437 (9/06) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PRO1. NO. 080153
COUNTY Cumberland
S.R. - SECTION 0015-006
MUNICIPALITY Borough of Camp Hill
Hampden Township
East Pennsboro Township
Lower Allen Township
TYPE OF TAKE
PT- Partial Take
TT- Total Take
Page 2 of 3
D- Deed Description
P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
Office
Parcel
No.
Claim
Number
»Type
of
Take Name, Property Interest of
Condemnees, Mailing Address,
and Location of Condemned
Property Attached
Exhibit
Number
(if an)
**Type of
Description
Plan (if any)
Recorded in
140 2100240000 PT Prologis Six Rivers Limited Partnership, R Cumberland
a Delaware Limited Partnership, County
formerly known as Recorder of
Keystone Operating Partnership, L.P., Deeds -
a Delaware Limited Partnership Cabinet 3,
Drawer 1,
Mailing Address: Page 172,
4545 Airport Way Sheet 185
Denver, CO 80239-5716
General Partners:
ProLogis Allagash, GP, LLC
14100 East 35`h Place
Aurora, CO 80011
Managing Director: Edward S. Nekritz
ProLogis Brazos, GP, LLC
14100 East 35`h Place
Aurora, CO 80011
Managing Director: Edward S. Nekritz
ProLogis Cimmaron, GP, LLC
14100 East 35`h Place
Aurora, CO 80011
Managing Director: Edward S. Nekritz
ProLogis Deerfield, GP, LLC
14100 East 35`h Place
Aurora, CO 80011
Managing Director: Edward S. Nekritz
ProLogis Elkhorn, GP, LLC
14100 East 35`h Place
Aurora, CO 80011
Managing Director: Edward S. Nekritz
ProLogis Fraser Six Rivers, GP, LLC
14100 East 35`h Place
Aurora, CO 80011
Managing Director: Edward S. Nekritz
Location of Property:
Deed Book 241 Page 518
BK073 i PG4003
C?t-A-P Lt-Ttb
COMMONWEALTH OF PENNSYLVANIA
RW-437 (9/06) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROD. NO. 080153
COUNTY Cumberland
S.R. - SECTION 0015-006
MUNICIPALITY Borough of Camp Hill
Hampden Township
East Pennsboro Township
Lower Allen Township
TYPE OF TAKE
PT- Partial Take
TT- Total Take
Page 3 of 3
D- Deed Description
P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
Office
Parcel
No.
Claim
Number
yType
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
289 2100386000 PT Hager Pacific 267, LP, R Cumberland
a Delaware Limited Partnership County
Recorder of
Mailing Address: Deeds -
c/o Pacific West Management Cabinet 3,
16027 Ventura Boulevard, Suite 550 Drawer 1,
Encino, CA 91436-2796 Page 179,
David Hager, General Partner Sheet 195
Tuvia Milsztein, a/k/a Adam Milstein,
General Partner
Location of Property:
Deed Book 276 Page 685
294 2100387000 PT New Penn Motor Express, Inc. R Cumberland
Mailing Address: County
625 South Fifth Avenue Recorder of
Lebanon, PA 19042-7728 Deeds -
President: Kenneth F. Leedy Cabinet 3,
and Drawer 1,
Hager Pacific 34, LP Page 179,
Mailing Address: Sheets 69A,
c/o Pacific West Management 70, and 207
16027 Ventura Boulevard, Suite 550
Encino, CA 91436-2796
David Hager, General Partner
Tuvia Milsztein, a/k/a Adam Milstein,
General Partner
Location of Property:
Sta. 129+28R to Sta139+76R of
1
t, ' `"?
UIS
SR 0581-005
In C.11 1 e land Co' my PA
AS THEIR INTERESTS MAY APPEAR •
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Recorder of needs
14
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, A LIMITED ACCESS
HIGHWAY IN THE BOROUGH OF CAMP HILL THE
TOWNSHIP OF LOWER ALLEN THE TOWNSHIP OF
EAST PENNSBORO AND THE TOWNSHIP OF
HAMPDEN
: NO. 6414 CIVIL TERM, 2006
EMINENT DOMAIN PROCEEDING
IN REM
PROOF OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
ss:
COUNTY OF CUMBERLAND
David B. Reynolds, being duly sworn according to law, deposes and says that he is District Right-of-Way
Administrator of Engineering District 8-0, Department of Transportation, Commonwealth of
Pennsylvania, and that on or before November 17, 2006, notice of the filing of the declaration of taking in
the above matter was served on the condemnees affected thereby in compliance with Chapter 3, Section
305, of the Eminent Domain Code. Schedules of the condemnees, mortgagees of record, and lienholders
of record notified are attached hereto and made part hereof.
District Right- ay Administrator
Sworn to and subscribed before me
Nd&y Public
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Bernard J. Kametz, Notary Public
Camp Hill Boro, Cumberland County
My Commission Expires Apr. 7, 2007
Member, Pennsylvania Association of Notaries
Attachments: RW-437, Schedule of Property Condemned
RW-432ML, Schedule of Mortgagees and Lienholders
COMMONWEALTH OF PENNSYLVANIA
RW-437 (9/06) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROD. NO. 080153
COUNTY Cumberland
S.R. - SECTION 0015-006
MUNICIPALITY Borough of Camp Hill
Hampden Township
East Pennsboro Township
Lower Allen Township
TYPE OF TAKE
PT- Partial Take
TT- Total Take
PENNDOT
Deed Description
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
134 2100237000 PT Hager Pacific 267, LP, R Cumberland
a Delaware Limited Partnership, County
and Recorder of
Hager Pacific 34, LP, Deeds -
a Delaware Limited Partnership Cabinet 3,
Drawer 1,
Mailing Address for both: Page 179,
c/o Pacific West Management Sheets 181 and
16027 Ventura Boulevard, Suite 550 182
Encino, CA 91436-2796
David Hager, General Partner for both
Tuvia Milsztein, a/k/a Adam Milstein,
General Partner for both
Location of Property:
Deed Book 276 Page 685
Deed Book 276 Page 696
AS THEIR INTERESTS MAY APPEAR
COMMONWEALTH OF PENNSYLVANIA
RW-437 (9/06) DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROD. NO. 080153
COUNTY Cumberland
S.R. - SECTION 0015-006
MUNICIPALITY Borough of Camp Hill
Hampden Township
East Pennsboro Township
Lower Allen Township
*TYPE OF TAKE
PT- Partial Take
TT- Total Take
Page 2 of 3
D- Deed Description
P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
Office
Parcel
No.
Claim
Number
`Type
of
Take Name, Property Interest of
Condemnees, Mailing Address,
and Location of Condemned
Property Attached
Exhibit
Number
an)
"`Type of
Description
Plan (if any)
Recorded in
140 2100240000 PT Prologis Six Rivers Limited Partnership, R Cumberland
a Delaware Limited Partnership, County
formerly known as Recorder of
Keystone Operating Partnership, L.P., Deeds -
a Delaware Limited Partnership Cabinet 3,
Drawer 1,
Mailing Address: Page 172,
4545 Airport Way Sheet 185
Denver, CO 80239-5716
General Partners:
ProLogis Allagash, GP, LLC
14100 East 35`h Place
Aurora, CO 80011
Managing Director: Edward S. Nekritz
ProLogis Brazos, GP, LLC
14100 East 35`' Place
Aurora, CO 80011
Managing Director: Edward S. Nekritz
ProLogis Cimmaron, GP, LLC
14100 East 35`" Place
Aurora, CO 80011
Managing Director: Edward S. Nekritz
ProLogis Deerfield, GP, LLC
14100 East 35 h Place
Aurora, CO 80011
Managing Director: Edward S. Nekritz
ProLogis Elkhorn, GP, LLC
14100 East 35`h Place
Aurora, CO 80011
Managing Director: Edward S. Nekritz
ProLogis Fraser Six Rivers, GP, LLC
14100 East 35d' Place
Aurora, CO 80011
Managing Director: Edward S. Nekritz
Location of Property:
Deed Book 241 Page 518
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 Borough of Camp Hill
Hampden Township
East Pennsboro Township
Lower Allen Township
TYPE OF TAKE
PT- Partial Take
TT- Total Take
D- Deed Description
P- Plan lodged for recording with
Notice of Condemnation
R- Plan now recorded in Recorder's
Office
Parcel
No.
Claim
Number
`Type
of
Take Name, Property Interest of
Condemnees, Mailing Address,
and Location of Condemned
Property Attached
Exhibit
Number
an)
**Type of
Description
Plan (if any)
Recorded in
289 2100386000 PT Hager Pacific 267, LP, R Cumberland
a Delaware Limited Partnership County
Recorder of
Mailing Address: Deeds -
c/o Pacific West Management Cabinet 3,
16027 Ventura Boulevard, Suite 550 Drawer 1,
Encino, CA 91436-2796 Page 179,
David Hager, General Partner Sheet 195
Tuvia Milsztein, a/k/a Adam Milstein,
General Partner
Location of Property:
Deed Book 276 Page 685
294 2100387000 PT New Penn Motor Express, Inc. R Cumberland
Mailing Address: County
625 South Fifth Avenue Recorder of
Lebanon, PA 19042-7728 Deeds -
President: Kenneth F. Leedy Cabinet 3,
and Drawer 1,
Hager Pacific 34, LP Page 179,
Mailing Address: Sheets 69A,
c/o Pacific West Management 70, and 207
16027 Ventura Boulevard, Suite 550
Encino, CA 91436-2796
David Hager, General Partner
Tuvia Milsztein, a/k/a Adam Milstein,
General Partner
Location of Property:
Sta. 129+28R to Stal39+76R of
SR 0581-005
AS THEIR INTERESTS MAY APPEAR
RW432ML (9/06) COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SCHEDULE OF MORTGAGEES & LIENHOLDERS
ROW OFFICE PROJ. NO. 080153
ROW OFFICE DT NO. 8015309
COUNTY Cumberland
S.R. - SECTION 0015-006
MUNICIPALITY Borough of Camp Hill, East Pennsboro, Hampden
and Lower Allen Townships
PENNDOTJ
Parcel No. Claim
Number
Name and Mailing Address of Mortgagee and/or Leinholder
134 2100237000 Wells Fargo Bank,N.A., Trustees
420 Montgomery Street
San Francisco, CA 94101
140 2100240000 Teachers Insurance and Annuity Association of America
730 Third Avenue
New York, NY 10017
289 2100283000 Wells Fargo Bank,N.A., Trustees
420 Montgomery Street
San Francisco, CA 94101
294 2100387 Wells Fargo Bank,N.A., Trustees
420 Montgomery Street
San Francisco, CA 94101
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IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT OF WAY FOR STATE ROUTE 0015,
SECTION 006, A LIMITED ACCESS
HIGHWAY IN THE BOROUGH OF
CAMP HILL, THE TOWNSHIP OF
LOWER ALLEN, THE TOWNSHIP OF
EAST PENNSBORO, AND THE TOWNSHIP
OF HAMPDEN
CLAIM NO. 2100387000
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
NO. 06-6414-CIVIL
PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION
TO THE HONORABLE JUDGE OF SAID COURT:
1. The Department of Transportation is an administrative agency of the
Commonwealth of Pennsylvania, with offices at P.O. Box 8212, Harrisburg,
Pennsylvania, 17105-8212.
2. On November 3, 2006, a Declaration of Taking was filed in the above-
captioned case by the Secretary of Transportation.
3. Although the condemnees listed on the attached Proposed Schedule of
Distribution were offered the full amount of the Commonwealth's estimated just
compensation as payment pro tanto of their right of way damage claim, without
prejudice to their right to proceed to a final determination of just compensation, the
Commonwealth has been unable to make payment because the claimants have not
accepted estimated just compensation.
4. A draft made payable to the Prothonotary of this Court representing the
total amount of estimated just compensation due the condemnees and the
Commonwealth's pro-rata share of taxes on the subject property is attached.
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CERTIFIED MAIL
COUNTY: Cumberland
S.R. 0015, SECTION 006
CLAIM NO. 2100387000
COURT DOCKET NO. 06-6414-CIVIL
SCHEDULE OF INTERESTED PARTIES NOTIFIED OF THE PRESENTATION TO
DEPOSIT ESTIMATED JUST COMPENSATION
NAMES AND ADDRESSES
New Penn Motor Express, Inc.
c/o Kenneth F. Leedy, President
625 South Fifth Street
Lebanon, PA 19042-7728
DATE RECEIVED CERTIFIED MAIL
Certified Mail Number 7003 1680 0005 1267 0602
Received on January 9, 2007
Douglas L. Cassel, Esquire Certified Mail Number 7003 1680 0005 1267 0596
Caldwell & Kearns, Attorneys At Law
3631 North Front Street Received on January 9, 2007
Harrisburg, PA 17110-1533
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, THE TOWNSHIP OF
LOWER ALLEN, THE TOWNSHIP OF
EAST PENNSBORO, AND THE TOWNSHIP
OF HAMPDEN
CLAIM NO. 2100387000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
NO. 06-6414-CIVIL
SWORN STATEMENT AS TO NOTICE OF PRESENTATION OF PETITION TO
DEPOSIT ESTIMATED JUST COMPENSATION
I, Kelly E. Solomon, Assistant Counsel in the Right of Way Section, affirm that I
am authorized to execute this sworn statement on behalf of the Pennsylvania
Department of Transportation, that this statement is true and correct to the best of my
knowledge, information and belief and that it is made subject to the penalties set forth in
18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
In compliance with Section 522 of the Eminent Domain Code of 2006, as
amended, condemnee and interested parties were notified of the Department's intent to
present this Petition to the Cumberland County Court of Common Pleas twenty days
after they received said notice. In addition to the notice, the parties received copies of
the Petition, the proposed Order and the Proposed Schedule of Distribution. The
names and addresses of the Condemnee and interested parties and the date and
manner of service are noted on the attached Schedule of Interested Parties Notified.
Respectfully submitted,
Kelly E. Solomon, Esquire
Supreme Court I.D. 85714
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, PA 17105-8212
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FEB 0 12007 k?
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, THE TOWNSHIP OF
LOWER ALLEN, THE TOWNSHIP OF
EAST PENNSBORO, AND THE TOWNSHIP
OF HAMPDEN
CLAIM NO. 2100387000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
NO. 06-6414-CIVIL
ORDER
AND NOW, this 5z4 day of 2007, upon
presentation of the Petition to Deposit Estimated Just Compensation, it is ORDERED
and DIRECTED that the sum of $9,000.00, representing the amount of just
compensation estimated by the Commonwealth of Pennsylvania, Department of
Transportation and the Commonwealth's pro-rata share of real estate taxes due the
condemnees and/or interested parties on the subject property shown on the attached
Proposed Schedule of Distribution, be paid into Court in an interest bearing account, if
available. It is further ORDERED that the sum shall be held until further Order of Court
directing full or partial payment to the condemnees and/or interested parties entitled to it
pursuant to Sections 307, 521 and/or 522 of the Eminent Domain Code of 2006, as
amended, 26 Pa.C.S. Sections 307, 521 and/or 522, as applicable.
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IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT OF WAY FOR STATE ROUTE 0015,
SECTION 006, A LIMITED ACCESS
HIGHWAY IN THE BOROUGH OF
CAMP HILL, THE TOWNSHIP OF
LOWER ALLEN, THE TOWNSHIP OF
EAST PENNSBORO, AND THE TOWNSHIP
OF HAMPDEN
CLAIM NO. 2100387000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
NO. 06-6414-CIVIL
TO THE HONORABLE JUDGE OF SAID COURT:
Petitioner, the Department of Transportation of the Commonwealth of
Pennsylvania, respectfully represents that:
1. The Department of Transportation ("Commonwealth") is a Department of
the Commonwealth of Pennsylvania with offices at P.O. Box 8212, Harrisburg,
Pennsylvania 17105-8212.
2. On November 3, 2006, the Commonwealth filed a Declaration of Taking,
condemning, inter alia, certain real property owned by New Penn Motor Express, Inc. and
Hager Pacific 34, L.P. ("condemnees")
3. On February 5, 2007, upon Petition of the Commonwealth, this Honorable
Court ordered and directed that the sum of $9,000.00, representing the amount of just
compensation estimated by the Commonwealth due to the condemnees for damages
sustained resulting from the condemnation of their property, be deposited into Court.
4. At the time the Commonwealth filed its Petition to Deposit Estimated Just
Compensation, there were no liens nor encumbrances against the property, as shown on
the attached Proposed Schedule of Distribution.
5. The sum of $9,000.00 that was deposited into Court in accordance with this
Court's Order remains deposited, as no party in interest has filed a petition.
6. Subsequent to the Commonwealth petitioning for the deposit of the
estimated just compensation into Court, the condemnees entered into a post-
condemnation settlement with the Commonwealth and the Commonwealth agreed to
present this Petition on their behalf.
7. The condemnees have agreed that condemnee Hager Pacific 34, L.P., shall
receive the just compensation previously deposited with the Court.
8. I, Kelly E. Solomon, Assistant Counsel, affirm that I am authorized to
execute this Petition to Pay Claimant on behalf of the Commonwealth, that all statements
are true and correct to the best of my knowledge, information and belief, and that all
statements are made subject to the penalties provided in 18 Pa.C.S.A. §4904, relating to
unsworn falsification to authorities.
WHEREFORE, Petitioner respectfully requests that this Honorable Court order
and direct that the sum of $9,000.00, representing the amount deposited into Court as
just compensation due the condemnees, plus any accrued interest, be paid to Hager
Pacific 34, L.P., as provided in Section 522 of the Eminent Domain Code, 26 Pa.CS.
§522, as amended.
Rec ully
esp submitted,
I'kelly E. Solomon
Assistant Counsel
I.D. No. 85714
Pennsylvania Department of Transportation
Office of Chief Counsel
P.O. Box 8212
Harrisburg, Pennsylvania 17105-8212
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FUD-OFHOE
OF THE MOTH-ONOTARY
209 SEP -8 PM 12: 5 4
MWEH -A b COUNTY
PFNN5YLvANiA
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IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT OF WAY FOR STATE ROUTE 0015,
SECTION 006, A LIMITED ACCESS
HIGHWAY IN THE BOROUGH OF
CAMP HILL, THE TOWNSHIP OF
LOWER ALLEN, THE TOWNSHIP OF
EAST PENNSBORO, AND THE TOWNSHIP
OF HAMPDEN
CLAIM NO. 2100387000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
: NO. 06-6414-CIVIL
ORDER
AND NOW, 2009, upon presentation of the
Petition to Pay Claimant, it is ORDERED and DIRECTED that the sum of $9,000.00,
representing the amount deposited into Court as estimated just compensation due to
claimant, plus any accrued interest, shall be paid to Hager Pacific 34, L.P.
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It is further ORDERED that the Prothonotary make a check payable to Hager
Pacific 34, L.P., for $9,000.00, plus any accrued interest, deliver it to Kelly E. Solomon,
Office of Chief Counsel, Pennsylvania Department of Transportation, and mark the
record accordingly.
BY THE COURT: ,
OF PROTHONOTARY
2089 SEP _9 PM G: 05
CUI ; , ,,)NTY
PE;SJSY Una;`,j,,
10493410022009 Cumberland County Prothonotary's Office Pap 1
PYS405 Manual Release Check Register 10/2009
Distribution
Case No Accounting
Escrow Tran Date
Amount Date Release
---------------
3902 7097832 -------------
- 06-6414 ----------------------
Check Date: ------------
10/02/2009 ------------------
Check No.:9000041
BOND 2006- 06414 PYMT/CAS H 9000.00 3/05/2007
INTEREST 2006- 06414 PYMT/CASH 28.39 4/10/2007
INTEREST 2006- 06414 PYMT/CASH 29.92 5/04/2007
INTEREST 2006- 06414 PYMT/CASH 30.15 6/20/2007
INTEREST 2006- 06414 PYMT/CASH 28.40 7/19/2007
INTEREST 2006- 06414 PYMT/CASH 30.75 8/13/2007
INTEREST 2006- 06414 PYMT/CASH 26.82 9/07/2007
INTEREST 2006- 06414 PYMT/CASH 24.48 10/11/2,007
INTEREST 2006- 06414 PYMT/CASH 24.25 11/16/2007
INTEREST 2006- 06414 PYMT/CASH 20.25 12/17/2007
INTEREST 2006- 06414 WIRE TRANSFER 17.54 1/09/2008
INTEREST 2006- 06414 PYMT/CASH 16.50 2/07/2008
INTEREST 2006- 06414 PYMT/CASH 10.21 3/10/2008
INTEREST 2006- 06414 PYMT/CASH 4.99 4/07/2008
INTEREST 2006- 06414 PYMT/CASH 9.17 5/15/2008
INTEREST 2006- 06414 PYMT/CASH 11.42 6/17/2,008
INTEREST 2006- 06414 PYMT/CAS H 11.07 7/21/2008
INTEREST 2006- 06414 PYMT/CASH 11.45 8/13/2008
INTEREST 2006- 06414 PYMT/CASH 11.47 9/10/2'008
INTEREST 2006- 06414 PYMT/CASH 11.11 10/13/2008
INTEREST 2006- 06414 PYMT/CASH 11.49 11/21/2008
INTEREST 2006- 06414 PYMT/CAS H 11.14 12/16/2008
INTEREST 2006- 06414 PYMT/CASH 10.09 1/12/2009
INTEREST 2006- 06414 PYMT/CASH 5.70 2/12/2',009
INTEREST 2006- 06414 PYMT/CASH 4.69
INTEREST 2006- 06414 PYMT/CASH 5.19 4/06/2009
INTEREST 2006- 06414 PYMT/CASH 5.03 5/22/2009
INTEREST 2006- 06414 PYMT/CASH 5.20 6/11/2,009
INTEREST 2006- 06414 PYMT/CASH 5.03 7/21/2009
INTEREST 2006- 06414 PYMT/CASH 5.20 8/21/2009
INTEREST 2006- 06414 PYMT/CASH 5.20 9/25/2009
INTEREST 2006- 06414 PYMT/CASH 4.03 10/02/2009
Payee total: 9436.33
Grand total: 9,436.33
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THIS DOCUMENT HAS AN ARTIFICIAL WATERMARK PRINTED ON THE BACK. THE FRONrOF THE DOCUMENT HAS A MICRO-PRINT SIGNATURE LINE. ABSENCE OF THESE FEATURES WILL INDICATE A COPY.
20 South Main Street Chambersburg, PA 17201 823655
09t2.5b9l 5-709
DATE Tio
PAY TO THE wl xat? ,
ORDER OF ( ?p 33
F.&M. i, VU. 14 6 ,Dots, CTS DOLLARS
OFFICIMPw L CHECK DRAWER:F&M TRUST
ISSUED BY: MONEYGRAM PAYMENT SYSTEMS, INC.
P.O. BOX 9476, MINNEAPOLIS, MN 55460
DRAWEE: THE BANK OF NEW YORK MELLON
EVERETT, MA '
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