HomeMy WebLinkAbout06-6459IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY
THE COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION,
OF RIGHT-OF-WAY FOR
STATE ROUTE 0015, SECTION 006,
A LIMITED ACCESS HIGHWAY IN
THE TOWNSHIP OF LOWER ALLEN,
THE TOWNSHIP OF EAST PENNSBORO,
AND THE BOROUGH OF CAMP HILL
NO. d G- !o Y S l?-u? .P f e,a
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 an easement to the Pennsylvania-American Water Company,
successor in interest to the Riverton Consolidated Water Company, on Parcel 136,
as set forth in an unrecorded agreement dated May 5, 1959, and further confirmed by
Exhibit "B" Permitted Encumbrances, as set forth in a deed dated November 14, 2002,
and recorded November 26, 2002, in Deed Book 254 at page 3547, and further excepting
therefrom a utility easement to the Borough of Camp Hill on Parcel 290 as established
by exception for said utility within a deed dated October 27, 1950, and recorded
October 30, 1950, in Deed Book N, Volume 14, at page 438; also condemned are
drainage 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 an easement
on Parcel 136 to the Pennsylvania-American Water Company and a utility easement on
Parcel 290 to the Borough of Camp Hill, is condemned; furthermore, drainage 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 C. Fawver, 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 TOWNSHIP OF LOWER ALLEN,
THE TOWNSHIP OF EAST PENNSBORO,
AND THE BOROUGH OF CAMP HILL
DECLARATION OF TAKING
Christopher J. Clements
Assistant Counsel in Charge, R/W
Supreme Court ID Number 44699
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P. O. Box 8212
Harrisburg PA 17105-8212
Page 1 of 2
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
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
51 2100211000 PT Federated Retail Holdings, Inc.* formerly R Cumberland
known as County
The May Department Stores Company Recorder of
Deeds -
Mailing Address: Cabinet 3,
611 Olive Street Drawer 1,
St. Louis, MO 63101-1799 Page 178,
President: Norman Matthews Sheets 153A
and 154A
Location of Property:
Deed Book 227, Page 1004
* Present owner name not shown on plan
58 2100213000 PT PR CC Limited Partnership R Cumberland
PR CC I, LLC, General Partner* County
Recorder of
Mailing Address: Deeds -
Ronald Rubin, Chairman and CEO Cabinet 3,
Pennsylvania Real Estate Drawer 1,
Investment Trust Page 178,
The Bellevue Sheets 156A,
200 South Broad Street 157A, 158A,
Philadelphia, PA 19102-3803 and 159
AS THEIR INTERESTS MAY APPEAR
Location of Property:
Deed Book 260, Page 2353
Deed Book 260, Page 2364
* Present co-owner name not shown on plan
Page 2 of 2
RW-437 (9/06)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROJ. NO. 080153
COUNTY Cumberland
S.R. - SECTION 0015-006
MUNICIPALITY Borough of Camp Hill
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
60 2100215000 PT The Bon-Ton Department Stores, Inc.* R Cumberland
f/k/a Alstores Realty Corporation County
Recorder of
Mailing Address: Deeds -
2801 East Market Street Cabinet 3,
P. O. Box 2821, York, PA 17405-2406 Drawer 1,
President: Heywood L. Wilansky Page 172,
Sheets 160 and
Location of Property: 161
Deed Book H-21, Page 748
* Present owner name not shown on plan
136 2100238000 PT Cedar-Camp Hill, LLC R Cumberland
Cedar Income Fund Partnership, LP, County
Member* Recorder of
Cedar Income Fund, Limited Deeds -
General Partner* Cabinet 3,
Drawer 1,
Mailing Address: Page 172,
Leo S. Ullman, President Sheet 183
Cedar Bay Realty Advisors, Inc.
44 South Bayles Avenue, Suite 304
Port Washington, NY 11050
AS THEIR INTERESTS MAY APPEAR
Location of Property:
Deed Book 254, Page 3547
* Not all owners with interests shown on plan
290 2100284000 PT William R. Grace R Cumberland
County
Mailing Address: Recorder of
P. O. Box 301 Deeds -
New Cumberland, PA 17070-0301 Cabinet 3,
Drawer 1,
Location of Property: Page 172,
Deed Book 261, Page 3689 Sheet 170
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY
THE COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION,
OF THE RIGHT-OF-WAY FOR
STATE ROUTE 0015, SECTION 006,
A LIMITED ACCESS HIGHWAY IN
THE TOWNSHIP OF LOWER ALLEN,
THE TOWNSHIP OF EAST PENNSBORO, i
AND THE BOROUGH OF CAMP HILL
NO. 0 ? - (- Y59 ?uA 'I t-
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 C
Dated: 6l. "/;? 0 V
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RW-432 (9/06)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, OF THE
RIGHT-OF-WAY FOR STATE
ROUTE 0015, SECTION 006
IN THE TOWNSHIP OF LOWER ALLEN, THE
TOWNSHIP OF EAST PENNSBORO AND THE
BOROUGH OF CAMP HILL
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 December 4, 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.
6y OMON-
Member, Pennsylvania Association of Notaries
Attachments: RW-437, Schedule of Property Condemned
RW-432ML, Schedule of Mortgagees and Lienholders
: NO. 06-6459 CIVIL TERM, 2006
: EMINENT DOMAIN PROCEEDING
: IN REM
-B kg4&?
District Ri of-Way Administrator
Sworn to and subscri d before me
N Public WEALTH OF NSYLVANIA
Notarial Seal
Bernard J. Kametz, Notary Public
My Commission Expires: Camp HIII Boro, Cumberland County
My Commlealon Expires Apr. 7, 20Q7
A.
RW-437 (9/06)
Page 1 of 2
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
ROW OFFICE PROJ. NO. 080153
COUNTY Cumberland
S.R. - SECTION 0015-006
MUNICIPALITY Borough of Camp Hill
East Pennsboro Township
Lower Allen Township
TYPE OF TAKE
PT- Partial Take
TT- Total Take
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
51 2100211000 PT Federated Retail Holdings, Inc.* formerly R Cumberland
known as County
The May Department Stores Company Recorder of
Deeds -
Mailing Address: Cabinet 3,
611 Olive Street Drawer 1,
St. Louis, MO 63101-1799 Page 178,
President: Norman Matthews Sheets 153A
and 154A
Location of Property:
Deed Book 227, Page 1004
* Present owner name not shown on plan
58 2100213000 PT PR CC Limited Partnership R Cumberland
PR CC I, LLC, General Partner* County
Recorder of
Mailing Address: Deeds -
Ronald Rubin, Chairman and CEO Cabinet 3,
Pennsylvania Real Estate Drawer 1,
Investment Trust Page 178,
The Bellevue Sheets 156A,
200 South Broad Street 157A, 158A,
Philadelphia, PA 19102-3803 and 159
AS THEIR INTERESTS MAY APPEAR
Location of Property:
Deed Book 260, Page 2353
Deed Book 260, Page 2364
* Present co-owner name not shown on plan
Page 2 of 2
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
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
60 2100215000 PT The Bon-Ton Department Stores, Inc.* R Cumberland
f/k/a Alstores Realty Corporation County
Recorder of
Mailing Address: Deeds -
2801 East Market Street Cabinet 3,
P. O. Box 2821, York, PA 17405-2406 Drawer 1,
President: Heywood L. Wilansky Page 172,
Sheets 160 and
Location of Property: 161
Deed Book H-21, Page 748
* Present owner name not shown on plan
136 2100238000 PT Cedar-Camp Hill, LLC R Cumberland
Cedar Income Fund Partnership, LP, County
Member* Recorder of
Cedar Income Fund, Limited Deeds -
General Partner* Cabinet 3,
Drawer 1,
Mailing Address: Page 172,
Leo S. Ullman, President Sheet 183
Cedar Bay Realty Advisors, Inc.
44 South Bayles Avenue, Suite 304
Port Washington, NY 11050
AS THEIR INTERESTS MAY APPEAR
Location of Property:
Deed Book 254, Page 3547
* Not all owners with interests shown on plan
290 2100284000 PT William R. Grace R Cumberland
County
Mailing Address: Recorder of
P. 0. Box 301 Deeds -
New Cumberland, PA 17070-0301 Cabinet 3,
Drawer 1,
Location of Property: Page 172,
Deed Book 261, Page 3689 Sheet 170
RW-432ML (9/06) COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
SCHEDULE OF MORTGAGEES & LIENHOLDERS
ROW OFFICE PROJ. NO. 080153
ROW OFFICE DT NO. 8015307
COUNTY Cumberland
S.R. - SECTION 0015-006
MUNICIPALITY Borough of Camp Hill, East Pennsboro & Lower
Allen Townships
7PENNDOT
Parcel No. Claim
Number
Name and Mailing Address of Mortgagee and/or Lienholder
51 2100211000 Morgan Stanley Bank
2500 Lake Park Boulevard
West Valley City, UT 84120
58 2100213000 Morgan Stanley Bank
2500 Lake Park Boulevard
West Valley City, UT 84120
136 2100238000 Citizens Bank of Pennsylvania
2001 Market Street, 6'' Floor
Philadelphia, PA 19103-7053
290 2100284000 Mid Penn Bank
Millersburg Office
349 Union Street
Millersburg, PA 17061
2100284000 PNC Bank, National Association
Business Banking
4242 Carlisle Pike
Camp Hill, PA 17001
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RW41,iM (9/06)
DEC IS 2M6 AKI
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE COMMON-
WEALTH OF PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION, OF RIGHT-OF-WAY
FOR STATE ROUTE 0015 SECTION 006,
A LIMITED ACCESS HIGHWAY IN THE
TOWNSHIP OF LOWER ALLEN, THE
TOWNSHIP OF EAST PENNSBORO, AND THE
BOROUGH OF CAMP HILL
NO. 06 TERM, 6459
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 6, 2006 was recorded in the office of the Recorder of Deeds of the
above county in Cumberland page BK 0731 PG 4280. 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-0F AY ADMINISTRATOR
ENGINEERING DIS CT 8-0
0 o+ri-P LIED- Eb
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
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
an)
''Type of
Description
Plan (if any)
Recorded in
51 2100211000 PT Federated Retail Holdings, Inc.* formerly R Cumberland
known as County
The May Department Stores Company Recorder of
Deeds -
Mailing Address: Cabinet 3,
611 Olive Street Drawer 1,
St. Louis, MO 63101-1799 Page 178,
President: Norman Matthews Sheets 153A
and 154A
Location of Property:
Deed Book 227, Page 1004
* Present owner name not shown on plan
58 2100213000 PT PR CC Limited Partnership R Cumberland
PR CC I, LLC, General Partner* County
Recorder of
Mailing Address: Deeds -
Ronald Rubin, Chairman and CEO Cabinet 3,
Pennsylvania Real Estate Drawer 1,
Investment Trust Page 178,
The Bellevue Sheets 156A,
200 South Broad Street 157A, 158A,
Philadelphia, PA 19102-3803 and 159
AS THEIR INTERESTS MAY APPEAR
Location of Property:
Deed Book 260, Page 2353
Deed Book 260, Page 2364
* Present co-owner name not shown on plan
rum I
Lot-% y r %J i L U &# C p 4
Page 2 of 2
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
MUNICIPALrrY Borough of Camp Hill
East Pennsboro Township
Lower Allen Township
TYPE OF TAKE **TYPE OF DESCRIPTIOP
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
60 2100215000 PT The Bon-Ton Department Stores, Inc.* R Cumberland
f/k/a Alstores Realty Corporation County
Recorder of
Mailing Address: Deeds -
2801 East Market Street Cabinet 3,
P. O. Box 2821, York, PA 17405-2406 Drawer 1,
President: Heywood L. Wilansky Page 172,
Sheets 160 and
Location of Property: 161
Deed Book H-21, Page 748
* Present owner name not shown on plan
136 2100238000 PT Cedar-Camp Hill, LLC R Cumberland
Cedar Income Fund Partnership, LP, County
Member* Recorder of
Cedar Income Fund, Limited Deeds -
General Partner* Cabinet 3,
Drawer 1,
Mailing Address: Page 172,
Leo S. Ullman, President Sheet 183
Cedar Bay Realty Advisors, Inc.
44 South Bayles Avenue, Suite 304
Port Washington, NY 11050
AS THEIR INTERESTS MAY APPEAR
Location of Property:
Deed Book 254, Page 3547
* Not all owners with interests shown on plan
290 2100284000 PT William R. Grace R Cumberland
County
Mailing Address: Recorder of
P. O. Box 301 Deeds -
New Cumberland, PA 17070-0301 Cabinet 3,
Drawer 1,
Location of Property: Page 172,
Deed Book 261, Page 3689 Sheet 170
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IN RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS
COMMONWEALTH OF PENNSYLVANIA, : CUMBERLAND COUNTY, PA
DEPARTMENT OF TRANSPORTATION, OF
RIGHT OF WAY FOR STATE ROUTE 0015,
SECTION 006, A LIMITED ACCESS : EMINENT DOMAIN PROCEEDINGS
HIGHWAY IN THE TOWNSHIP OF
LOWER ALLEN, THE TOWNSHIP OF
EAST PENNSBORO, AND THE BOROUGH
OF CAMP HILL
IN REM
CLAIM NO. 2100213000 : NO. 06-6459 CIVIL TERM
PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION
TO THE HONORABLE JUDGE OF SAID COURT:
1.. The Department of Transportation is an administrative agency of the
Commonwealth of Pennsylvania, with offices at P.O. Box 8212, Harrisburg,
Pennsylvania, 17105-8212.
2. On November 6, 2006, a Declaration of Taking was filed in the above-
captioned case by the Secretary of Transportation.
3. Although the condemnee listed on the attached Proposed Schedule of
Distribution was offered the full amount of the Commonwealth's estimated just
compensation as payment pro tanto of its right of way damage claim, without prejudice
to its right to proceed to a final determination of just compensation, the Commonwealth
has been unable to make payment because the claimant has not accepted estimated
just compensation.
4. A draft made payable to the Prothonotary of this Court representing the
total amount of estimated just compensation due the condemnee and the
Commonwealth's pro-rata share of taxes on the subject property is attached.
1
5. I, Kelly E. Solomon, Assistant Counsel, affirm that I am authorized to
execute this Petition to Deposit Estimated Just Compensation on behalf of the
Commonwealth of Pennsylvania, Department of Transportation, and that the averments
contained and set forth in this Petition are true and correct to the best of my knowledge,
information and belief, and are subject to the penalties provided in 18 Pa.C.S.A. 4904,
relating to unsworn falsification to authorities.
WHEREFORE, to assure Petitioner's possession of the condemned property, if
required, to which it is entitled under Section 307 of the Eminent Domain Code of 2006,
as amended, 26 Pa.C.S. Section 307, Petitioner respectfully requests that the
Honorable Court direct payment of the estimated just compensation and the
Commonwealth's pro-rata share of the taxes on the subject property into Court, to be
held until further Order of Court directing payment of said amount, or any part thereof, to
the condemnee and/or interested parties entitled thereto pursuant to Section 307, 521
and/or 522 of the Eminent Domain Code, as applicable.
Respectfully submitted,
Kelly E. S mon
Assistant Counsel in Charge
Supreme Court I.D. No. 85714
Commonwealth of Pennsylvania
Department of Transportation
P.O. Box 8212
Harrisburg, PA 17105-8212
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CERTIFIED MAIL
COUNTY: Cumberland
S.R. 0015, SECTION 006
CLAIM NO. 2100213000
COURT DOCKET NO. 06-6459 CIVIL TERM
SCHEDULE OF INTERESTED PARTIES NOTIFIED OF THE PRESENTATION TO
DEPOSIT ESTIMATED JUST COMPENSATION
NAMES AND ADDRESSES DATE RECEIVED CERTIFIED MAIL
PR CC, Limited Partnership Certified Mail Number 7003 1680 0005 1267 0718
PR CC I, General Partner
Ronald Rubin, Chairman & CEO
Pennsylvania Real Estate Investment Trust
The Bellevue
200 South Broad Street
Philadelphia, PA 19102-3803
Received on January 18, 2007
Morgan Stanley Bank Certified Mail Number 7003 1680 0005 1267 0701
c/o Ben F. Meek, III, Esquire
Anderson, McCoy & Orta, P.C. Received on January 16, 2007
100 North Broadway
Suite 2600
Oklahoma City, OK 73102
VINVAIASNNgd
Amon ?lI
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Aft i r f-71018d
0U40;W 13
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT OF WAY FOR STATE ROUTE 0015,
SECTION 006, A LIMITED ACCESS
HIGHWAY IN THE TOWNSHIP OF
LOWER ALLEN, THE TOWNSHIP OF
EAST PENNSBORO, AND THE BOROUGH
OF CAMP HILL
CLAIM NO. 2100213000
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
NO. 06-6459 CIVIL TERM
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.
Respeptfully submitted,
Kelly E. Solf„on, Esquire
Supreme Court I.D. 85714
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
-P.O. Box 8212
Harrisburg, PA 17105-8212
Adva-o!,
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT OF WAY FOR STATE ROUTE 0015,
SECTION 006, A LIMITED ACCESS
HIGHWAY IN THE TOWNSHIP OF
LOWER ALLEN, THE TOWNSHIP OF
EAST PENNSBORO AND THE BOROUGH
OF CAMP HILL
CLAIM NO. 2100211000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
: EMINENT DOMAIN PROCEEDINGS
IN REM
NO. 06-6459 CIVIL TERM
PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION
TO THE HONORABLE JUDGE OF SAID COURT:
1. The Department of Transportation is an administrative agency of the
Commonwealth of Pennsylvania, with offices at P.O. Box 8212, Harrisburg,
Pennsylvania, 17105-8212.
2. On November 6, 2006, the Secretary of Transportation filed a Declaration
of Taking in the above-captioned case.
3. Although the condemnee listed on the attached Proposed Schedule of
Distribution was offered the full amount of the Commonwealth's estimated just
compensation as payment pro tanto of its right of way damage claim, without prejudice
to its right to proceed to a final determination of just compensation, the Commonwealth
has been unable to make payment because the claimant has not accepted estimated
just compensation.
4. Attached is a draft made payable to the Prothonotary of this Court
representing the total amount of estimated just compensation due the condemnee and
the Commonwealth's pro-rata share of taxes on the subject property.
1
0
5. No fee shall be charged against these funds. 26 Pa.C.S §522(b); City of
Pittsburgh v. Imler Supply Company, 471 A.2d 591 (Pa.Cmwlth. 1984).
6. I, Kelly E. Solomon, Assistant Counsel, affirm that I am authorized to
execute this Petition to Deposit Estimated Just Compensation on behalf of the
Commonwealth of Pennsylvania, Department of Transportation, and that the averments
contained and set forth in this Petition are true and correct to the best of my knowledge,
information and belief, and are made subject to the penalties provided in 18 Pa.C.S.A.
4904, relating to unsworn falsification to authorities.
WHEREFORE, to assure Petitioner's possession of the condemned property, if
required, to which it is entitled under Section 307 of the Eminent Domain Code of 2006,
as amended, 26 Pa.C.S. Section 307, Petitioner respectfully requests that the
Honorable Court direct payment of the estimated just compensation and the
Commonwealth's pro-rata share of the taxes on the subject property into Court, to be
held until further Order of Court directing payment of said amount, or any part thereof, to
the condemnee and/or interested parties entitled thereto pursuant to Section 307, 521
and/or 522 of the Eminent Domain Code, as applicable.
Respectfully submitted,
Kelly E. Solomon
Assistant Counsel
Supreme Court I.D. No. 85714
Commonwealth of Pennsylvania
Department of Transportation
P.O. Box 8212
Harrisburg, PA 17105-8212
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CERTIFIED MAIL
COUNTY: Cumberland
S.R. 0015, SECTION 006
CLAIM NO. 2100211000
COURT DOCKET NO. 06-6459 CIVIL TERM
SCHEDULE OF INTERESTED PARTIES NOTIFIED OF THE PRESENTATION TO
DEPOSIT ESTIMATED JUST COMPENSATION
NAMES AND ADDRESSES
Federated Retail Holdings, Inc.
f/k/a The May Department Stores
Company
c/o Norman Matthews, President
611 Olive Street
St. Louis, MO 63101-1799
Morgan Stanley Bank
2500 Lake Park Boulevard
West Valley City, UT 84120
DATE RECEIVED CERTIFIED MAIL
Certified Mail Number 7003 1680 0005 1267 1708
Received on February 1, 2007
Certified Mail Number 7003 1680 0005 1267 1715
Received on February 1, 2007
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT OF WAY FOR STATE ROUTE 0015,
SECTION 006, A LIMITED ACCESS
HIGHWAY IN THE TOWNSHIP OF
LOWER ALLEN, THE TOWNSHIP OF
EAST PENNSBORO, AND THE BOROUGH
OF CAMP HILL
CLAIM NO. 2100211000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
: NO. 06-6459 CIVIL TERM
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
FEE 162007/
t
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT OF WAY FOR STATE ROUTE 0015,
SECTION 006, A LIMITED ACCESS
HIGHWAY IN THE TOWNSHIP OF
LOWER ALLEN, THE TOWNSHIP OF
EAST PENNSBORO, AND THE BOROUGH
OF CAMP HILL
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
CLAIM NO. 2100213000
NO. 06-6459 CIVIL TERM
ORDER
AND NOW, this-2dday of rn 2007, upon
presentation of the Petition to Deposit Estimated Just Compensation, it is ORDERED
and DIRECTED that the sum of $1,227,147.11, representing the amount of just
compensation estimated by the Commonwealth of Pennsylvania, Department of
Transportation and the Commonwealth's pro-rata share of real estate taxes due the
condemnee and/or interested parties on the subject property shown on the attached
Proposed Schedule of Distribution, be paid into Court in an interest bearing account, if
available. It is further ORDERED that the sum shall be held until further Order of Court
directing full or partial payment to the condemnee and/or interested parties entitled to it
pursuant to Sections 307, 521 and/or 522 of the Eminent Domain Code of 2006, as
amended, 26 Pa.C.S. Sections 307, 521 and/or 522, as applicable.
BY THE COURT:
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IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT OF WAY FOR STATE ROUTE 0015,
SECTION 006, A LIMITED ACCESS
HIGHWAY IN THE TOWNSHIP OF
LOWER ALLEN, THE TOWNSHIP OF
EAST PENNSBORO AND THE BOROUGH
OF CAMP HILL
CLAIM NO. 2100211000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
: NO. 06-6459 CIVIL TERM
ORDER
AND NOW, this__(.,Aday of 1M v z- ? , 2007, upon
presentation of the Petition to Deposit Estimated Just Compensation, it is ORDERED
and DIRECTED that the sum of $37,491.30, representing the amount of just
compensation estimated by the Commonwealth of Pennsylvania, Department of
Transportation and the Commonwealth's pro-rata share of real estate taxes due the
condemnee and/or interested parties on the subject property shown on the attached
Proposed Schedule of Distribution, be paid into Court in an interest bearing account, if
available. No fee shall be charged against these funds. It is further ORDERED that the
sum shall be held until further Order of Court directing full or partial payment to the
condemnee and/or interested parties entitled to it pursuant to Sections 307, 521 and/or
522 of the Eminent Domain Code of 2006, as amended, 26 Pa.C.S. Sections 307, 521
and/or 522, as applicable.
BY THE COURT:
J.
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5. No fee shall be charged against these funds. 26 Pa.C.S §522(b); City of
Pittsburgh v. Imler Supply Company, 471 A.2d 591 (Pa.Cmwlth. 1984).
6. I, Kelly E. Solomon, Assistant Counsel, affirm that I am authorized to
execute this Petition to Deposit Estimated Just Compensation on behalf of the
Commonwealth of Pennsylvania, Department of Transportation, and that the averments
contained and set forth in this Petition are true and correct to the best of my knowledge,
information and belief, and are made subject to the penalties provided in 18 Pa.C.S.A.
4904, relating to unswom falsification to authorities.
WHEREFORE, to assure Petitioner's possession of the condemned property, if
required, to which it is entitled under Section 307 of the Eminent Domain Code of 2006,
as amended, 26 Pa.C.S. Section 307, Petitioner respectfully requests that the
Honorable Court direct payment of the estimated just compensation and the
Commonwealth's pro-rata share of the taxes on the subject property into Court, to be
held until further Order of Court directing payment of said amount, or any part thereof, to
the condemnee and/or interested parties entitled thereto pursuant to Section 307, 521
and/or 522 of the Eminent Domain Code, as applicable.
Respectfully submitted,
Kelly E. Solomon
Assistant Counsel
Supreme Court I.D. No. 85714
Commonwealth of Pennsylvania
Department of Transportation
P.O. Box 8212
Harrisburg, PA 17105-8212
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CERTIFIED MAIL
COUNTY: Cumberland
S.R. 0015, SECTION 006
CLAIM NO. 2100211000
COURT DOCKET NO. 06-6459 CIVIL TERM
NAMES AND ADDRESSES
Federated Retail Holdings, Inc.
f/k/a The May Department Stores
Company
c/o Norman Matthews, President
611 Olive Street
St. Louis, MO 63101-1799
Morgan Stanley Bank
2500 Lake Park Boulevard
West Valley City, UT 84120
DATE RECEIVED CERTIFIED MAIL
Certified Mail Number 70031680 0005 1267 1708
Received on February 1, 2007
Certified Mail Number 7003 1680 0005 1267 1715
Received on February 1, 2007
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION, OF
RIGHT OF WAY FOR STATE ROUTE 0015,
SECTION 006, A LIMITED ACCESS
HIGHWAY IN THE TOWNSHIP OF
LOWER ALLEN, THE TOWNSHIP OF
EAST PENNSBORO, AND THE BOROUGH
OF CAMP HILL
CLAIM NO. 2100211000
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
EMINENT DOMAIN PROCEEDINGS
IN REM
NO. 06-6459 CIVIL TERM
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 unswom 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,
///1 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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EXECl7TNE D ?{ CVARI7C?
f150934576Lill 1:0433OL60LI: 92011186L7115 I
r• • 101111A m • oil m • •
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, OF RIGHT OF
WAY FOR STATE ROUTE 0015,
SECTION 006, A LIMITED ACCESS
HIGHWAY IN THE TOWNSHIP OF
EAST PENNSBORO, AND THE
BOROUGH OF CAMP HILL,
EMINENT DOMAIN PROCEEDINGS
IN REM
No. 06-6459 CIVIL TERM
PETITION FOR DISTRIBUTION OF ESTIMATED JUST COMPENSATION
Condemnee, PR CC Limited Partnership ("PREIT"), and Wells Fargo Bank, National
Association ("Wells Fargo Bank, N.A."), as Master Servicer under the Pooling and Servicing
Agreement dated as of March 1, 2002, among Bear Stearns Commercial Mortgage Securities,
Inc., Wells Fargo Bank, National Association, GMAC Commercial Mortgage Corporation,
LaSalle Bank National Association, as Trustee for the Registered Holders of Bear Stearns
Commercial Mortgage Securities, Inc., Commercial Mortgage Pass-Through Certificates, Series
2002 - Top 6 ("LaSalle Bank"), Wells Fargo Bank Minnesota, National Association, and ABN
AMRO Bank ("Pooling and Servicing Agreement") hereby jointly petition this Honorable Court,
pursuant to section 522 of the Pennsylvania Eminent Domain Code (the "Code"), 26 Pa.C.S.A.
§522, to distribute to Wells Fargo Bank, N.A. the estimated just compensation paid into the
Court, together with all interest thereon, by Condemnor, the Commonwealth of Pennsylvania,
Department of Transportation ("PaDOT") and, in support thereof, aver as follows:
1. On November 6, 2006, PaDOT filed a Declaration of Taking pursuant to which it
acquired certain property held in fee title by condemnee PREIT, as recorded by the Cumberland
County Recorder of Deeds at Deed Book 260, pages 2353 and 2364.
2• The condemned property is subject to a mortgage lien that is held by LaSalle
Bank, as Trustee for the Registered Holders of Bear Stearns Commercial Mortgage Securities
Inc., Commercial Mortgage Pass-Through Certificates, Series 2002 -TOP 6. The mortgage lien
was originally held by Morgan Stanley Bank as evidenced by the Fee and Leasehold Mortgage
and Security Agreement dated January 2, 2002, recorded in Book 1745, Page 1759, but was
assigned to LaSalle Bank pursuant to the Assignment of Fee and Leasehold Mortgage and
Security Agreement dated March 21, 2003 recorded in Book 698, Page 1958.
3. Pursuant to the Pooling and Servicing Agreement, Wells Fargo Bank, N.A. as the
Master Servicer of LaSalle Bank has been appointed to receive all funds on behalf of the
Mortgagee.
4. Pursuant to section 307 of the Code, PaDOT determined the estimated just
compensation for the condemned property to be equal to One Million Two Hundred Nineteen
Thousand Dollars ($1,219,000).
5. On February 13, 2007, PaDOT filed a Petition to Deposit Estimated Just
Compensation with this Court, pursuant to which it deposited the total sum of One Million Two
Hundred Twenty Seven Thousand One Hundred Forty Seven Dollars and Eleven Cents
($1,227,147.11)(the "Deposit"). The Deposit represents the estimated just compensation for the
condemned property plus the return of certain prepaid real estate taxes on the property. See
Proposed Schedule of Distribution attached to the Petition to Deposit Estimated Just
Compensation.
6. LaSalle Bank, as lienholder, has a priority interest in the Deposit and, pursuant to
section 521(a) of the Code, is entitled to have Wells Fargo Bank, N.A., its Master Servicer,
receive the full distribution of the Deposit, together with all interest thereon.
. •
7. Anderson, McCoy & Orta, located at 100 North Broadway, Suite 2600, Oklahoma
City. Oklahoma 73102 is acting counsel for Wells Fargo Bank, N.A. in this matter.
8. Other than Condemnee, no other party has any right or interest in the Deposit.
WHEREFORE, PR CC Limited Partnership and Wells Fargo Bank, National Association
hereby respectfully request that the Court distribute the funds deposited by PaDOT in this action,
together with all interest thereon, to Wells Fargo Bank, National Association and forward said
funds to Anderson McCoy & Orta at 100 North Broadway, Suite 2600, Oklahoma City.
Oklahoma 73102; Attention: Byron Kentor.
PR CC LIMITED PARTNERSHIP, a
Pennsylvania limited partnership
By: PR CC I LLC,//its sole general partner
By: L,
effrey A. Linn
Director
LASALLE BANK NATIONAL
ASSOCIATION, as Trustee for the
Registered Holders of Bear Stearns
Commercial Mortgage Securities Inc.,
Commercial Mortgage Pass-Through
Certificates, Series 2002 -TOP 6
By: Wells Fargo Bank, National
Association, as Master Serviicer under the
Pooling and Servicing Agreement dated as
of March 1, 2002, among Bear Stearns
Commercial Mortgage Securities Inc., Wells
Fargo Bank, National Association, GMAC
Commercial Mortgage Corporation, LaSalle
Bank National Association, Wells Fargo
Bank Minnesota, National Association, and
ABN AMRO-Buk N.V.
By: ?_r-
Name: Paula S ?yorria
ss scant vice President
Title:
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--
t, ray t°r?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, OF RIGHT OF
WAY FOR STATE ROUTE 0015,
SECTION 006, A LIMITED ACCESS
HIGHWAY IN THE TOWNSHIP OF
EAST PENNSBORO, AND THE
BOROUGH OF CAMP HILL,
EMINENT DOMAIN PROCEEDINGS
IN REM
No. 06-6459 CIVIL TERM
Filed on Behalf of Petitioners
Counsel of Record for this Party:
Stephen S. Zubrow
Pa.I.D. No. 43523
MARCUS & SHAPIRA LLP
Firm No. 145
One Oxford Centre, 35`h Floor
301 Grant Street
Pittsburgh, PA 15219
(412) 471-3490
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, OF RIGHT OF
WAY FOR STATE ROUTE 0015,
SECTION 006, A LIMITED ACCESS
HIGHWAY IN THE TOWNSHIP OF
EAST PENNSBORO, AND THE
BOROUGH OF CAMP HILL,
EMINENT DOMAIN PROCEEDINGS
IN REM
No. 06-6459 CIVIL TERM
PETITION FOR DISTRIBUTION OF ESTIMATED JUST COMPENSATION
Condemnee, PR CC Limited Partnership ("PREIT"), and Wells Fargo Bank, National
Association ("Wells Fargo Bank, N.A."), as Master Servicer under the Pooling and Servicing
Agreement dated as of March 1, 2002, among Bear Stearns Commercial Mortgage Securities,
Inc., Wells Fargo Bank, National Association, GMAC Commercial Mortgage Corporation,
LaSalle Bank National Association, as Trustee for the Registered Holders of Bear Stearns
Commercial Mortgage Securities, Inc., Commercial Mortgage Pass-Through Certificates, Series
2002 - Top 6 ("LaSalle Bank"), Wells Fargo Bank Minnesota, National Association, and ABN
AMRO Bank ("Pooling and Servicing Agreement") hereby jointly petition this Honorable Court,
pursuant to section 522 of the Pennsylvania Eminent Domain Code (the "Code"), 26 Pa.C.S.A.
§522, to distribute to Wells Fargo Bank, N.A. the estimated just compensation paid into the
Court, together with all interest thereon, by Condemnor, the Commonwealth of Pennsylvania,
Department of Transportation ("PaDOT") and, in support thereof, aver as follows:
1. On November 6, 2006, PaDOT filed a Declaration of Taking pursuant to which it
acquired certain property held in fee title by condemnee PREIT, as recorded by the Cumberland
County Recorder of Deeds at Deed Book 260, pages 2353 and 2364.
2. The condemned property is subject to a mortgage lien that is held by LaSalle
Bank, as Trustee for the Registered Holders of Bear Stearns Commercial Mortgage Securities
Inc., Commercial Mortgage Pass-Through Certificates, Series 2002 -TOP 6. The mortgage lien
was originally held by Morgan Stanley Bank as evidenced by the Fee and Leasehold Mortgage
and Security Agreement dated January 2, 2002, recorded in Book 1745, Page 1759, but was
assigned to LaSalle Bank pursuant to the Assignment of Fee and Leasehold Mortgage and
Security Agreement dated March 21, 2003 recorded in Book 698, Page 1958.
3. Pursuant to the Pooling and Servicing Agreement, Wells Fargo Bank, N.A. as the
Master Servicer of LaSalle Bank has been appointed to receive all funds on behalf of the
Mortgagee.
4. Pursuant to section 307 of the Code, PaDOT determined the estimated just
compensation for the condemned property to be equal to One Million Two Hundred Nineteen
Thousand Dollars ($1,219,000).
5. On February 13, 2007, PaDOT filed a Petition to Deposit Estimated Just
Compensation with this Court, pursuant to which it deposited the total sum of One Million Two
Hundred Twenty Seven Thousand One Hundred Forty Seven Dollars and Eleven Cents
($1,227,147.11)(the "Deposit"). The Deposit represents the estimated just compensation for the
condemned property plus the return of certain prepaid real estate taxes on the property. See
Proposed Schedule of Distribution attached to the Petition to Deposit Estimated Just
Compensation.
6. LaSalle Bank, as lienholder, has a priority interest in the Deposit and, pursuant to
section 521(a) of the Code, is entitled to have Wells Fargo Bank, N.A., its Master Servicer,
receive the full distribution of the Deposit, together with all interest thereon.
7. Anderson, McCoy & Orta, located at 100 North Broadway, Suite 2600, Oklahoma
City. Oklahoma 73102 is acting counsel for Wells Fargo Bank, N.A. in this matter.
8. Other than Condemnee, no other party has any right or interest in the Deposit.
WHEREFORE, PR CC Limited Partnership and Wells Fargo Bank, National Association
hereby respectfully request that the Court distribute the funds deposited by PaDOT in this action,
together with all interest thereon, to Wells Fargo Bank, National Association and forward said
funds to Anderson McCoy & Orta at 100 North Broadway, Suite 2600, Oklahoma City.
Oklahoma 73102; Attention: Byron Kentor.
dull submitted,
? i
Stephen S. Zul
Pa.I.D. No. 43
Marcus & Shapira LLP
One Oxford Centre
301 Grant Street, 35 h Floor
Pittsburgh, PA 15219
(412) 471-3490
Counsel for Petitioners
PR CC LIMITED PARTNERSHIP, a
Pennsylvania limited partnership
By: PR CC I LLC,/its sole general partner
By: L,
effrey A. Linn
Director
LASALLE BANK NATIONAL
ASSOCIATION, as Trustee for the
Registered Holders of Bear Stearns
Commercial Mortgage Securities Inc.,
Commercial Mortgage Pass-Through
Certificates, Series 2002 -TOP 6
By: Wells Fargo Bank, National
Association, as Master Servicer under the
Pooling and Servicing Agreement dated as
of March 1, 2002, among Bear Stearns
Commercial Mortgage Securities Inc., Wells
Fargo Bank, National Association, GMAC
Commercial Mortgage Corporation, LaSalle
Bank National Association, Wells Fargo
Bank Minnesota, National Association, and
ABN AMRO-B-ank N.V.
By: ?--
Name: Paula S. Novel,
Title: ssistent Vice President
m
tCOY
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rn
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, OF RIGHT OF
WAY FOR STATE ROUTE 0015,
SECTION 006, A LIMITED ACCESS
HIGHWAY IN THE TOWNSHIP OF
EAST PENNSBORO, AND THE
BOROUGH OF CAMP HILL,
EMINENT DOMAIN PROCEEDINGS
IN REM
No. 06-6459 CIVIL TERM
Filed on Behalf of Petitioners
Counsel of Record for this Party:
Stephen S. Zubrow
Pa.I.D. No. 43523
MARCUS & SHAPIRA LLP
Firm No. 145
One Oxford Centre, 35`h Floor
301 Grant Street
Pittsburgh, PA 15219
(412) 471-3490
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE )
COMMONWEALTH OF ) EMINENT DOMAIN PROCEEDINGS
PENNSYLVANIA, DEPARTMENT OF )
TRANSPORTATION, OF RIGHT OF )
WAY FOR STATE ROUTE 0015, ) IN REM
SECTION 006, A LIMITED ACCESS )
HIGHWAY IN THE TOWNSHIP OF ) No. 06-6459 CIVIL TERM
EAST PENNSBORO, AND THE )
BOROUGH OF CAMP HILL )
,
AMENDED PETITION FOR DISTRIBUTION
OF ESTIMATED JUST COMPENSATION
Condemnee, PR CC Limited Partnership ("PREIT"), and Wells Fargo Bank, National
Association ("Wells Fargo Bank, N.A."), as Master Servicer under the Pooling and Servicing
Agreement dated as of March 1, 2002, among Bear Stearns Commercial Mortgage Securities,
Inc., Wells Fargo Bank, National Association, GMAC Commercial Mortgage Corporation,
LaSalle Bank National Association, as Trustee for the Registered Holders of Bear Stearns
Commercial Mortgage Securities, Inc., Commercial Mortgage Pass-Through Certificates, Series
2002 - Top 6 ("LaSalle Bank"), Wells Fargo Bank Minnesota, National Association, and ABN
AMRO Bank ("Pooling and Servicing Agreement") hereby jointly petition this Honorable Court,
pursuant to section 522 of the Pennsylvania Eminent Domain Code (the "Code"), 26 Pa.C.S.A.
§522, to distribute to Wells Fargo Bank, N.A. the estimated just compensation paid into the
Court, together with all interest thereon, by Condemnor, the Commonwealth of Pennsylvania,
Department of Transportation ("PaDOT") and, in support thereof, aver as follows:
1. On November 6, 2006, PaDOT filed a Declaration of Taking pursuant to which it
acquired certain property held in fee title by condemnee PREIT, as recorded by the Cumberland
County Recorder of Deeds at Deed Book 260, pages 2353 and 2364.
2. The condemned property is subject to a mortgage lien that is held by LaSalle
Bank, as Trustee for the Registered Holders of Bear Stearns Commercial Mortgage Securities
Inc., Commercial Mortgage Pass-Through Certificates, Series 2002 -TOP 6. The mortgage lien
was originally held by Morgan Stanley Bank as evidenced by the Fee and Leasehold Mortgage
and Security Agreement dated January 2, 2002, recorded in Book 1745, Page 1759, but was
assigned to LaSalle Bank pursuant to the Assignment of Fee and Leasehold Mortgage and
Security Agreement dated March 21, 2003 recorded in Book 698, Page 1958.
3. Pursuant to the Pooling and Servicing Agreement, Wells Fargo Bank, N.A. as the
Master Servicer of LaSalle Bank has been appointed to receive all funds on behalf of the
Mortgagee.
4. Pursuant to section 307 of the Code, PaDOT determined the estimated just
compensation for the condemned property to be equal to One Million Two Hundred Nineteen
Thousand Dollars ($1,219,000).
5. On February 13, 2007, PaDOT filed a Petition to Deposit Estimated Just
Compensation with this Court, pursuant to which it deposited the total sum of One Million Two
Hundred Twenty Seven Thousand One Hundred Forty Seven Dollars and Eleven Cents
($1,227,147.11)(the "Deposit"). The Deposit represents the estimated just compensation for the
condemned property plus the return of certain prepaid real estate taxes on the property. See
Proposed Schedule of Distribution attached to the Petition to Deposit Estimated Just
Compensation.
6. LaSalle Bank, as lienholder, has a priority interest in the Deposit and, pursuant to
section 521(a) of the Code, is entitled to have Wells Fargo Bank, N.A., its Master Servicer,
receive the full distribution of the Deposit, together with all interest thereon.
7. Anderson, McCoy & Orta, located at 100 North Broadway, Suite 2600, Oklahoma
City. Oklahoma 73102 is acting counsel for Wells Fargo Bank, N.A. in this matter.
8. Other than Condemnee, no other party has any right or interest in the Deposit.
9. No Judge has ruled upon any other issue in this matter.
10. Counsel for Wells Fargo Bank N.A. concurs with this Petition and consents to
entry of the Order attached hereto.
11. PaDOT is willing to release the funds.
WHEREFORE, PR CC Limited Partnership and Wells Fargo Bank, National Association
hereby respectfully request that the Court distribute the funds deposited by PaDOT in this action,
together with all interest thereon, to Wells Fargo Bank, National Association and forward said
funds to Anderson McCoy & Orta at 100 North Broadway, Suite 2600, Oklahoma City.
Oklahoma 73102; Attention: Byron Kentor.
301 Grant Street, 35 h Floor
Pittsburgh, PA 15219
(412) 471-3490
Counsel for Petitioners
Marcus & Shapira LLP
One Oxford Centre
PR CC LIMITED PARTNERSHIP, a
Pennsylvania limited partnership
By: PR CC I LLC, its sole general partner
By; L,,,..
effrey A. Linn
Director
LASALLE BANK NATIONAL
ASSOCIATION, as Trustee for the
Registered Holders of Bear Stearns
Commercial Mortgage Securities Inc.,
Commercial Mortgage Pass-Through
Certificates, Series 2002 -TOP 6
By: Wells Fargo Bank, National
Association, as Master Servicer under the
Pooling and Servicing Agreement dated as
of March 1, 2002, among Bear Stearns
Commercial Mortgage Securities Inc., Wells
Fargo Bank, National Association, GMAC
Commercial Mortgage Corporation, LaSalle
Bank National Association, Wells Fargo
Bank Minnesota, National Association, and
ABN AMRQ-Rmk N.V.
By:
Name: Pew S w?....
Title: s$istant Vice ftsident
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SEP 2 5 2008 a, t
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: CONDEMNATION BY THE
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, OF RIGHT OF
WAY FOR STATE ROUTE 0015,
SECTION 006, A LIMITED ACCESS
HIGHWAY IN THE TOWNSHIP OF
EAST PENNSBORO, AND THE
BOROUGH OF CAMP HILL,
EMINENT DOMAIN PROCEEDINGS
IN REM
No. 06-6459 CIVIL TERM
ORDER OF COURT
^R
And now, this ZS day of jai , 2008, upon consideration of the foregoing
Petition, it is hereby ORDERED that THE Court distribute the funds deposited by PaDOT in this
action, together with all interest thereon, to Wells Fargo Bank, National Association and forward
said funds to Anderson McCoy & Orta at 100 North Broadway, Suite 2600, Oklahoma City.
Oklahoma 73102; Attention: Byron Kentor.
/J.
BY THE COURT,
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REMITTER
CLOSE ACCT
DATE 10-01-2008
1,290,778.35
ONE MILLION TWO HUNDRED NINETY THOUSAND SEVEN HUNDRED SEVENTY -EIGHT & 35/100 DOLLARS
OFFICIAL CHECK DRAWER: F&M TRUST
ISSUED BY: TRAVELERS EXPRESS COMPANY, INC.
P.O. BOX 9476, MINNEAPOLIS, MN 55460 /^r, z
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DRAWEE: US BANK, ST. PAUL, MN • w
II' 26087 LII' 1:0960 L6 76 9:0 L600 L044690011' AUTHORIZED SIGNATURE
PAY TO THE WELLS FARGO BANK NATIONAL ASSOCIATION
ORDER OF
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