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HomeMy WebLinkAbout06-6478 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADM MILLING COMPANY, NO. 06-6478 CIVIL TERM Plaintiff V. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Defendant EMINENT DOMAIN PROCEEDING IN REM ORDER AND NOW, this I? day of 42 2009, Petition for Appointment of Viewers is granted. The Court appoints as a Board of View. Said Board of View shall hold its first meeting as required by the Acts of Assembly and Rules of Court in such case made and provided, and after evidence is given and report filed, give due notice of the filing of the report, as required by law, the cost thereof to be taxed as part of the cost of said proceeding, and do further direct that said Board of View shall report to this Court in accordance with existing laws and rules of Court. BY THE COURT: ? Y M 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 R/W, LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN 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: 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 and 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 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 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 subsequently revised 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 as follows: an easement on Parcel 25 to Pennsylvania Power & Light Company for its facilities as established by unrecorded agreements dated January 28, 1974, and June 17, 1994, and a property interest in the nature of an easement on Parcel 117 to Pennsylvania American Water Company for its facilities; also condemned is a drainage easement and temporary construction easements. 9. In the event there are recoverable minerals (including gas and oil) within the areas, if any, hereby condemned in fee simple, the mineral rights (including rights to gas and oil) in those areas are hereby excepted and reserved from this condemnation, provided however, that the right of support of the areas condemned is included within the scope of this condemnation, and no access from the surface of such areas for removal purposes will be allowed without permission from the Commonwealth. 10. The payment of just compensation in this matter is secured by the Commonwealth's power of taxation. 11. I, Gary C. Fawver,P.E., Chief, Utilities and Right of Way Section, of the Department of Transportation, do hereby depose, swear and affirm that I am authorized by and do hereby execute this Declaration of Taking on behalf of the Commonwealth of Pennsylvania, Department of Transportation, and that the averments contained and set forth herein are true and correct to the best of my knowledge, information and belief, and are made subject to penalties provided in 18 Pa. C. S. §4904, relating to false swearing to authorities. WHEREFORE, fee simple title, excepting and reserving therefrom as follows: an easement on Parcel 25 to Pennsylvania Power & Light Company for its facilities, and a property interest in the nature of an easement on Parcel 117 to Pennsylvania American Water Company for its facilities; a drainage easement 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 aw r, 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 R/W, LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN DECLARATION OF TAKING Christopher J. Clements Assistant Counsel in-Charge, R/W ID No. 44699 Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 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 and Lower Allen Township TYPE OF TAKE TYPE OF DESCRIPTIW PT- Partial Take D- Deed Description TT- Total Take P- Plan lodged for recording with Notice of Condemnation R- Plan now recorded in Recorder's Office ' Name, Property Interest of Attached Type Condemnees, Mailing Address, Exhibit Parcel Claim of and Location of Condemned Number "Type of Plan (if any) No. 25 Number 2100199000 Take PT Property (if an) Description Recorded in Kindt and Drabenstadt, A Pennsylvania R Cumberland General Partnership County Recorder of Mailing Address: Deeds - 1111 Primrose Avenue Cabinet 3, Camp Hill, PA 17011-6900 Drawer 1, General partners: Page 172 Barry Kindt Sheet 147 Craig Drabenstadt Location of Property: Deed Book 0-33 Page 362 Deed Book 132 Page 413 117 2100236000 PT ADM Milling Company A.K.A. R Cumberland ADM Milling Co. County Recorder of Mailing Address: Deeds - PO Box 1470 Cabinet 3, Decatur, 11L 62525-1820 Drawer 1, President: H. D. Hale Page 172 Sheet 179 & Location of Property: 180 Deed Book E-35 Page 936 Deed Book 165 Page 1054 494- a i 999 AAA-- ?a?Pcratica ;2 M@Ssafigs scceet -1?- 4--d .??,, -G 011118`own Plot 1 g9o; ;Q9. D8e048 a of pfQr a abi -Page i44 heet 2Q" Page 2 of 3 RW-437 (9/06) ROW OFFICE PROJ. NO. 080153 COUNTY Cumberland S.R. - SECTION 0015-006 MUNICIPALITY Borough of Camp Hill, L Hampden Township and Lower Allen Township TYPE OF TAKE PT- Partial Take TT- Total Take D- Deed Description P- Plan lodged for recording with Notice of Condemnation R- Plan now recorded in Recorder's Office " Name, Property Interest of Attached Type Condemnees, Mailing Address Exhibit Parcel N Claim of , and Location of Condemned Number **Type of Plan (if any) o. 142 Number 2100242000 Take PT Property (if an) Description Recorded in Jennifer Delaye R Cumberland Mailing Address: County Recorder of 1 Bishop Place Deeds - Camp Hill, PA 17011 Cabinet 3, Location of Property: Drawer 1, Page 178, Deed Book 274 Page 2916 Sheet 187 275 2100278000 PT Foot Locker Specialty, Inc. formerly R Cumberland known as Venator Group Specialty, Inc., County formerly known as F.W. Woolworth Co. Recorder of and Foot Locker Corporate Services, Inc. Deeds- Cabinet 3 formerly known as Venator Group Drawer 1 Page Corporate Services, formerly known as 174 Sheet 200 Kinney Service Corporation Mailing Address: 112 West 34`s Street New York, NY 10120-0101 President: Edgar J. Swain Location of Property: Deed Book 129 Page 387 Deed Book 129 Page 393 *Corpotate owner different on plan sheet. • As their interests may appear. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) 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 and Lower Allen hip I ?• 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 Name, Property Interest of Attache d Type Condemnees, Mailing Address Exhibit Parcel No. Claim Number of Tak , and Location of Condemned Number "`Type of Plan (if any) 276 2100279000 e PT Property Sanndrel of Pennsylvania Inc (if an) Description Recorded in , . R Cumberland Mailing Address: County Recorder of 3333 New Hyde Park Road, Suite 100 Deeds - New Hyde Park, NY 11042-1205 Cabinet 3 President: Michael J. Flynn Drawer 1 Page Location of Property: 172 Sheet 201 Deed Book N-24 Page 857 1 C N J 1 f; -T ; Ci 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 R/W, LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN 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 / d w Zo o? xwz O pq??0zCY- E ? z z °wo0V) x O a O ww d Wasz O dV,HE-4 O w H ?r, q q U xwp 00 W E- O cc) H U Z U w 52 U ?uuf A Od w0d U?pE-'O?A7 d W ?w Ux OUA ri a U W o u N d a O W uW a w N M N 00 I O oI N - a ?o ?? UN ' t- o w U W CA o o o O ? N d 3 " V as w ? O .? UA '?H x a RV,-,432M (9/06) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: CONDEMNATION BY THE COMMON- NO. 6478 CIVIL TERM, 2006 WEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION 006 R/W, LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND 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 November 7, 2006 was recorded in the office of the Recorder of Deeds of the above county in book 0731 page 4379. 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 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 and Lower Allen Townshi Page I of I TYPE OF TAKE TYPE OF DESCRIPTIO` 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 25 2100199000 PT Kindt and Drabenstadt, A Pennsylvania R Cumberland General Partnership County Recorder of Mailing Address: Deeds - I 1 l l Primrose Avenue Cabinet 3, Camp Hill, PA 17011-6900 Drawer 1, General partners: Page 172 Barry Kindt Sheet 147 Craig Drabenstadt Location of Property: Deed Book 0-33 Page 362 Deed Book 132 Page 413 117 2100236000 PT ADM Milling Company A.K.A. R Cumberland ADM Milling Co. County Recorder of Mailing Address: Deeds - PO Box 1470 Cabinet 3, Decatur, IL 62525-1820 Drawer 1, President: H. D. Hale Page 172 Sheet 179 & Location of Property: 180 Deed Book E-35 Page 936 Deed Book 165 Page 1054 -)•3?? APT- •c.miir, =-,ii,?Fef,6 a S 7 2 M -- •Cuabarlaad maids-- ossoag@. 4eet . s_L__._..._ PA i 9902 9 i gg 1!0e&1i6 F1 @9 PfElpek?'!- Deed Book N-22- page 9 Page -Sheei ;9 _6" COMMONWEALTH OF PENNSYLVANIA RW-437 (9106) DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) ROW OFFICE PROD. NO. 090153 COUNTY Cumberland S.R. - SECTION 0015-006 `MUNICIPALITY Borough of Camp Hill, Hampden Township and Lower Allen Township Page Z 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 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 142 2100242000 PT Jennifer Delaye R Cumberland County Mailing Address: Recorder of 1 Bishop Place Deeds - Camp Hill, PA 17011 Cabinet 3, Drawer 1, Location of Property: Page 178, Deed Book 274 Page 2916 Sheet 187 275 2100278000 PT Foot Locker Specialty, Inc. formerly R Cumberland known as Venator Group Specialty, Inc., County formerly known as F.W. Woolworth Co. Recorder of and Deeds- Foot Locker Corporate Services, Inc. Cabinet 3 formerly known as Venator Group Drawer 1 Page Corporate Services, formerly known as 174 Sheet 200 Kinney Service Corporation Mailing Address: 112 West 34`h Street New York, NY 10120-0101 President: Edgar J. Swain Location of Property: Deed Book 129 Page 387 Deed Book 129 Page 393 *Corpotate owner different on plan sheet. 1 As their interests may appear. . C`0 "A P L4Va COMMONWEALTH OF PENNSYLVANIA RW-437 (9/00) DEPARTMENT OF TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNF,D (Declaration of Taking) ROW OFFICE PRO]. NO. 080153 COUNTY Cumberland S.R. - SECTION 0015-006 MUNICIPALITY Borough of Camp Hill, Hampden Township and Lower Allen Townshi Page 2 of I TYPE OF TAKE TYPE OF DESCRIPTIO? 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 any) "Type of Description Plan (if any) Recorded in 276 2100279000 PT Sanndrel of Pennsylvania, Inc. - R Cumberland County Mailing Address: Recorder of 3333 New Hyde Park Road, Suitel00 Deeds - New Hyde Park, NY 11042-1205 Cabinet 3 President: Michael J. Flynn Drawer 1 Page 172 Sheet 201 Location of Property: Decd Book N-24 Page 857 rJ T -TI tFn RW432 (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 RIW, LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND THE TOWNSHIPS OF HAMPDEN AND LOWER ALLEN : NO. 6478 CIVIL 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 November 16, 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. 114.? -6 District Ri -of-Way Administrator Sworn to and subscri d before me /64'0??aL;b7 Not blic 61 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 Pagel 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 and Lower Allen Township TYPE OF TAKE PT- Partial Take TT- Total Take TYPE OF DESCRIPTIO? D- Deed Description 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 25 2100199000 PT Kindt and Drabenstadt, A Pennsylvania R Cumberland General Partnership County Recorder of Mailing Address: Deeds - 1111 Primrose Avenue Cabinet 3, Camp Hill, PA 17011-6900 Drawer 1, General partners: Page 172 Barry Kindt Sheet 147 Craig Drabenstadt Location of Property: Deed Book 0-33 Page 362 Deed Book 132 Page 413 117 2100236000 PT ADM Milling Company A.K.A. R Cumberland ADM Milling Co. County Recorder of Mailing Address: Deeds - PO Box 1470 Cabinet 3, Decatur, IL 62525-1820 Drawer 1, President: H. D. Hale Page 172 Sheet 179 & Location of Property: 180 Deed Book E-35 Page 936 Deed Book 165 Page 1054 132 2100386000 PT David A. Glosser Foundation, a R Cumberland Nonprofit Corporation County Recorder of Mailing Address: Deeds - 72 Messenger Street Cabinet 3, Johnstown, PA 15902-2120 Drawer 1, Page 179 Location of Property: Sheet 206 & Deed Book N-22 Page 813 69A 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 and Lower Allen Townshi 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 142 2100242000 PT Jennifer Delaye R Cumberland County Mailing Address: Recorder of 1 Bishop Place Deeds - Camp Hill, PA 17011 Cabinet 3, Drawer 1, Location of Property: Page 178, Deed Book 274 Page 2916 Sheet 187 275 2100278000 PT Foot Locker Specialty, Inc. formerly R Cumberland known as Venator Group Specialty, Inc., County formerly known as F.W. Woolworth Co. Recorder of and Deeds- Foot Locker Corporate Services, Inc. Cabinet 3 formerly known as Venator Group Drawer 1 Page Corporate Services, formerly known as 174 Sheet 200 Kinney Service Corporation Mailing Address: 112 West 34`s Street New York, NY 10120-0101 President: Edgar J. Swain Location of Property: Deed Book 129 Page 387 Deed Book 129 Page 393 *Corpotate owner different on plan sheet. As their interests may appear. 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 and Lower Allen Township TYPE OF TAKE PT- Partial Take TT- Total Take ON 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 276 2100279000 PT Sanndrel of Pennsylvania, Inc. R Cumberland County Mailing Address: Recorder of 3333 New Hyde Park Road, Suite 100 Deeds - New Hyde Park, NY 11042-1205 Cabinet 3 President: Michael J. Flynn Drawer 1 Page 172 Sheet 201 Location of Property: Deed Book N-24 Page 857 RW-432ML (9/06) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SCHEDULE OF MORTGAGEES & LIENHOLDERS ROW OFFICE PROJ. NO. 080153 ROW OFFICE DT NO. 8015308 COUNTY Cumberland S.R. - SECTION 0015-006 MUNICIPALITY Borough of Camp Hill, Hampden and Lower Allen Townships PENN OTJ Parcel No. Claim Number Name and Mailing Address of Mortgagee and/or Leinholder 25 2100199000 Dauphin Deposit Bank and Trust Company 213 Market Street, P.O. Box 2961 Harrisburg, PA 17105 Manufactures & Traders Trust Company One M&T Plaza Buffalo, NY 14240 142 2100242000 Graystone Bank 112 Market Street Harrisburg, PA 17101 275 2100278000 The Bank of New York 1 Wall Street 18'h Floor, North NewYork, NY 10286 N_ r N '? t tt3 ?? ? { c-n t IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015, SECTION 006 R/W, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN CLAIM NO. 2100278000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS : IN REM : NO. 06-6478 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 7, 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. No fee shall be charged against these funds. 26 Pa.C.S. §52?2(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 subject to the penalties provided in 18 Pa.,?.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 171051-8212 2 w , -- ? v r U O 3 u; J ? ?1 J Z Q W Ce d Z J0 r > L F +? Z Q Q. ts) ? z 0 L O a r V r^ j.. O 1 LU Z p `? ? ? O J ? x c3 j CL1 4 [? U W W G W ? Q ?+ m Q x u U ?' Z r! us z c rs ^• ??', ?' Cam C ul C L. V-' G 111 LL. J O W M` N W o > _ ?_ . - ' -- 07.5 Z Z U ? ? ? J j 'f J' ? l Y r? c? f r v r r I" f v "L CERTIFIED MAIL COUNTY: Cumberland S.R. 0015, SECTION 006 R/W CLAIM NO. 2100278000 COURT DOCKET NO. 06-6478 CIVIL TERM SCHEDULE OF INTERESTED PARTIES NOTIFIED OF THE PRESENTATION TO DEPOSIT ESTIMATED JUST COMPENSATION NAMES AND ADDRESSES Randolph M. Brodwin, Esquire Foot Locker, Inc. 112 West 34th Street 4th Floor New York, NY 10120-0101 The Bank of New York 1 Wall Street, 18th Floor North New York, NY 10286 DATE RECEIVED CERTIFIED MAIL Certified Mail Number 7003 1680 0005 126;7 1562 Received on January 20, 2007 Certified Mail Number 7003 1680 0005 1267 0657 Received on January 12, 2007 IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015, SECTION 006 R/W, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN CLAIM NO. 2100278000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : EMINENT DOMAIN PROC:EEDIIVGS : IN REM NO. 06-6478 CIVIL TERM SWORN STATEMENT AS TO NOTICE OF PRESENTATION OF PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION 1, Kelly E. Solomon, Assistant Counsel iin the Right of Way Section, affirm that 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 penaltiE!s 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 CounsE.l P.O. Box 8212 Harrisburg, PA 17105-8212 IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015, SECTION 006 R1W, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL_ AND 'TOWNSHIPS OF HAMPDEN AND LOWER ALLEN CLAIM NO. 2100199000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS IN REM NO. 06-6478 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 7, 2006, a Declaration of Taking was filed in the above- captioned case by the Secretary of Transportation. 3. Although the condemnees listed on the attached Proposed Schedule of Distribution were offered the full amount of the Commonwealth's estimated just: compensation as payment pro tanto of their right of way damage claim., without prejudice to their right to proceed to a final determination of just compensation, the Commonwealth has been unable to make payment because the claimants have not accepted estimated just compensation. 4. A draft made payable to the Prothonotary of this Court representing the total amount of estimated just compensation due the condemnees and the Commonwealth's pro-rata share of taxes on the subject property is attached. 5. 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). 1 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 subject to the penalties provided in 18 Pa.C.S.A. 4904, relating to unsworn falsification to authorities. WHEREFORE, to assure Petitioner's possession of the condemned property, if required, to which it is entitled under Section 307 of the Eminent Domain Code of 2006., as amended, 26 Pa.C.S. Section 307, Petitioner respectfully requests that the Honorable Court direct payment of the estimated just compensation and the Commonwealth's pro-rata share of the taxes on the subject property into Court, to be held until further Order of Court directing payment of said amount, or any part thereof, to the condemnees and/or interested parties entitled thereto pursuant to Section 307, 521 and/or 522 of the E=minent Domahn 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 2 a, 1 G f _ J N Ya G? J ? a J z S! 4 z u ? ? w JO. Q w 0 7' wp 1 ? ? r Z . d. ? t; 1.? N W O Oo Q O Q a O 4i. Y I r-I ? ? r J l N ?^ Ci' 7 U O `'? O N ti G o LU t p w oo w ? 0 ? U U NO ?- q O ct) ?z Qw O v w E =r j c v-, tsl of 'L} C? w rJ '?, ^cd w ,?,NOq L? s7 o y O o o. L1 - ti r1 U O GCI O w _ Z, w O =3 ?U ,NO q? J tJ c+? J O n a? :' c? Cy l? o ? w o 1 ca, (n s ?7 ?... r- = .n W ) .. v C) ww0 n v ??-' O 0 0 00 - V '? U ? v ?, p cJ "" ? y Q G G u i J v ' In t7 V) CERTIFIED MAIL COUNTY: Cumberland S.R. 0015, SECTION 006 CLAIM NO. 2100199000 COURT DOCKET NO. 06-6478 CIVIL TERM SCHEDULE OF INTERESTS-D PARTIES NOTIFIED OF THE PRESENTATION TO DEPOSIT E=STIMATED JUST COMPENSATION NAMES AND ADDRESSES Joseph A. Klein, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 DATE RECEIVED CERTIFIED MAIL Certified Mail Number 7003 1680 0005 1267 1609 Received on January 26, 2007 Manufacturers and Traders Trust Co. One M & T Plaza Certified Mail Number 7003 1680 0005 1:267 1593 Buffalo, NY 14240 Received on January 29, 2007 IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015, SECTION 006 RAV, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN CLAIM NO. 2100199000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA, : EMINENT DOMAIN PROCEEDINGS : IN REM : NO. 06-6478 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 II 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 t:WE:nty 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 Distributic.1n. The names and addresses of the Condemnee and interested parties and the elate and manner of service are noted on the attached Schedule of Interested Parties Notified. Respectfully submitted, Kelly E. golomon, Esquire Supreme Court I.D. 85714 Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 82'12 Harrisburg, PA 17105-8212 IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015, SECTION 006 R/W, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN CLAIM NO. 2100279000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS IN REM NO. 06-6478 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 7, 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. 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). 1 - ` ' i 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, 6 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 2 O W ull r Z • 7 w a O p V Z ? W O ? J o a 7z r O ? N N Q 7 OC p r 07- Z ?' O W O Z ? a,J a CS V `fl N N ot pO 4W pj 4 O O O p? aW CL. °C v r A w oO W ? W Q 0 r p OG W w a w CJD a 00 "3- o C4, co Y U O p N - ? o a 0? (3] a w va p4 s t Wv ?n N ? y. W - r N N . cd ° '?- 00 NtoW 7- a U) Cl. aim a pO w LL Q °?' ? ? 'xo pp r 06 OZ a o 3 0,? °'° o m O x 0 r g o % Z A a ? Z J a ? ca y cl g. a> d v? m O CI, y w d CERTIFIED MAIL COUNTY: Cumberland S.R. 0015, SECTION 006 CLAIM NO. 2100279000 COURT DOCKET NO. 06-6478 CIVIL TERM SCHEDULE OF INTERESTED PARTIES NOTIFIED OF THE PRESENTATION TO DEPOSIT ESTIMATED JUST COMPENSATION NAMES AND ADDRESSES Sanndrel of Pennsylvania, Inc. 3333 New Hyde Park Road Suite 100 New Hyde Park, NY 11042-1205 DATE RECEIVED CERTIFIED MAIL Certified Mail Number 7003 1680 0005 1267 1777 Received on February 5, 2007 IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015, SECTION 006 R/W, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN CLAIM NO. 2100279000 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS IN REM NO. 06-6478 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, /,?K r r4? KbIly E. ?blomon, Esquire Supreme Court I.D. 85714 Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 - = r --Y^s - 61 r _ t ? V MAR 012007 IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015, SECTION 006 R/W, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS IN REM CLAIM NO. 2100199000 : NO. 06-6478 CIVIL TERM ORDER AND NOW, this_.? 2007, upon Lday of IM 71 ` L presentation of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED that the sum of $35,236.58, 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. 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 condemnees and/or interested parties entitled to it pursuant to Sections 307, 521 and/or 522 of the Eminent Domain Code of 2006, as amended, 26 Pa.C.S. Sections 307, 521 and/or 522, as applicable. BY THE COURT: cue yam..: ?__...° U l) LLJ f a© C Q e*?j 4 a. IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015, SECTION 006 RIW, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN CLAIM NO. 2100199000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS IN REM : NO. 06-6478 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 7, 2006, a Declaration of Taking was filed in the above- captioned case by the Secretary of Transportation. 3. Although the condemnees listed on the attached Proposed Schedule of Distribution were offered the full amount of the Commonwealth's estimated just compensation as payment pro tanto of their right of way damage claim, without prejudice to their right to proceed to a final determination of just compensation, the Commonwealth has been unable to make payment because the claimants have not accepted estimated just compensation. 4. A draft made payable to the Prothonotary of this Court representing the total amount of estimated just compensation due the condemnees and the Commonwealth's pro-rata share of taxes on the subject property is attached. 5. 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). 1 e r I. 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 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 condemnees and/or interested parties entitled thereto pursuant to Section 307, 521 and/or 522 of the Eminent Domain Code, as applicable. Respectfully submitted, Kel y E. Sol mon Assistant Counsel Supreme Court I.D. No. 85714 Commonwealth of Pennsylvania Department of Transportation P.O. Box 8212 Harrisburg, PA 17105-8212 2 a W I ? V) W ? . W O G O W Z w Z U c as %0 .a Q o W ^ W) vi w 3 0 O H ? Z 00 O U O O N N = Q O C5 z a a ? w QQ o 0 0 a ? ?F 0 ° ° °0 0 U O . .1 Z W o o C 0 0 0 0 C W W ? 00 Cj Q 3 a ?? z ? a O a a G G U v s ? a U N W p y ? y b y 0 c e a J W d 3 qT c0 ?a LL to p" - c ? w !? ^ y 0. W Q 7 O F . . O? ? U O°? o U OCJ o Z wU? wU? wU? {. 0 O ?1-. 0m ?F.0 m E.0m 0* F LL OIx o o : "3 y `O ?' d d 00 b ?' o 00 "' ?„' d N M 1 I W Q U p '? U . .. N q 'O U r. w p 'C U ?O O vi ""' O bUU .. W W w () aUi o p N a (? -0 O c? U?O a ' ?j c4 ?j m zj A W W LL OIx o O (0j W N D a' co ^-' v, Y? W V A x a o `° i 0 0 00 0 e o 0 2 A W W O U) O 00 °' 0011 0 G W-% C N 1,9 W U) F Z L3 '+ y O a ?a w ??w F0 U) o ° Ua" a LL N O W Q y N c o N N N W W W a cd of O? O MM-. W O o a c c >° as p 2 pWLL a 0 m ? YQ r. M M N O 0 ad z Z ?0 c A '^ C N Q 4) M Q FO 0 W 'fl > N ' x a p p 14 ? g Q g ed j? t ir r `ti ? ? . ? L1? CQ 3 z d u ? A A x Z i a m L) . a b C w C CL C C b a? C 7 0 O w U d 0 CERTIFIED MAIL COUNTY: Cumberland S.R. 0015, SECTION 006 CLAIM NO. 2100199000 COURT DOCKET NO. 06-6478 CIVIL TERM SCHEDULE OF INTERESTED PARTIES NOTIFIED OF THE PRESENTATION TO DEPOSIT ESTIMATED JUST COMPENSATION NAMES AND ADDRESSES DATE RECEIVED CERTIFIED MAIL Joseph A. Klein, Esquire Certified Mail Number 7003 1680 0005 1267 1609 Joseph A. Klein, P.C. P.O. Box 1152 Received on January 26, 2007 Harrisburg, PA 17108 Manufacturers and Traders Trust Co. One M & T Plaza Certified Mail Number 7003 1680 0005 1267 1593 Buffalo, NY 14240 Received on January 29, 2007 IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015, SECTION 006 R/W, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN CLAIM NO. 2100199000 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS IN REM NO. 06-6478 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, 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 rrrI co I -h, co ?; Q CX) 0000 J 08 20107 0867783 573558 6© CDC FUND EPT PREP DATE VOUCHER WARRANT ID FIRSTRUST BANK FLOURTOW N, PA VERIFICATION AVAILABLE "POSIT '?- sgKs 10 80-759a 31? 88 00211170 IVE PAY PROTECTED PA I DATE 58 ONL M cTS TO THE ORDER OF VOID AFTER 180 DAYS KINDT AND DRABENSTADT OR `??'?`#*>k>Ir>k.r 236.58 ` PROTHONOTARY OF CUMBERLAND COUNTY PO BOX 8212 0 C/O C CLEMENTS ESQ OCC PENNDOT HARRISBURG PA 17105-8212 Ex ? . W ECUTIVE'DEPW . 000 2 11 L 7011' 40 3& 9 7 S98 44 70880000811' MAR 0 1 2007, IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015, SECTION 006 R/W, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN CLAIM NO. 2100278000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS IN REM NO. 06-6478 CIVIL TERM ORDER AND NOW, this__6 IL day of 1M 21 ,L 2007, upon presentation of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED that the sum of $165,842.38, 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: ULJ U- Q e?. cv IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015, SECTION 006 R/W, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN CLAIM NO. 2100278000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : EMINENT DOMAIN PROCEEDINGS IN REM NO. 06-6478 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 7, 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. 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 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. Solromon Assistant Counsel Supreme Court I.D. No. 85714 Commonwealth of Pennsylvania Department of Transportation P.O. Box 8212 Harrisburg, PA 17105-8212 2 o z D p Ul o z 0 r d Z Z o. z w 0 r 'z >0 4 W Q o ° ?Z ? Q d 6n 0 0 ° ono Z 3 ao °? ]W d^? Ln (x ? 3 ? ? N O c ? „?N aa OG H LL ?? J 180 C) *? a U A N oa ON l o ^ O r as W U) W ? W CL. o LLI A ° 0 W ?.- x o O U) O o°o p„ a a c5 0 Q W u? C6 a N? w W N a N N ?w U) LU a DID. ? 06 2 y o OO 4 'dr V a z ? 3 o U a' pL, J ? Y ? O Y a°i U O O- ? O ? o 0 3 U T p ?' ° cC O w ? w S3-' O N y? A ? J N N O w ?.. vi w G O C ^ .? 0 3 o? ^ .J+ O ? ? aw a M ? w 3?-b N 5 d .J r. M 00 <71 M M oca p. C. ati r N_ ? o ° o omC? ?4+, V a o. G d d a d 0 0 V d CERTIFIED MAIL COUNTY: Cumberland S.R. 0015, SECTION 006 R/W CLAIM NO. 2100278000 COURT DOCKET NO. 06-6478 CIVIL TERM SCHEDULE OF INTERESTED PARTIES NOTIFIED OF THE PRESENTATION TO DEPOSIT ESTIMATED JUST COMPENSATION NAMES AND ADDRESSES Randolph M. Brodwin, Esquire Foot Locker, Inc. 112 West 34th Street 0 Floor New York, NY 10120-0101 The Bank of New York 1 Wall Street, 18th Floor North New York, NY 10286 DATE RECEIVED CERTIFIED MAIL Certified Mail Number 7003 1680 0005 1267 1562 Received on January 20, 2007 Certified Mail Number 7003 1680 0005 1267 0657 Received on January 12, 2007 IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015, SECTION 006 RAN, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN CLAIM NO. 2100278000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS IN REM NO. 06-6478 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, 114 /Z-Z-? Kelly E. olomon, Esquire Supreme Court I.D. 85714 Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 CO FFQLC) DrE?Ci)fAEOTTA. 'LlGHTTO, R}FY WA7 RMATiKS .900121 56-389 412 00000 08 011507 00857233 568900 CDC FUND DEPT PREP DATE VOUCHER WARRANT ID NATIONAL CITY BANK ftf PITTSBURGH, PA C. 00 VERIFICATION AVAILABLE- "POSITIVE PAY" PROTECTED o PAY R 3$ 28, 06079722 CHECK NUMBER 02/05/2007 DATE uN? VOID AFTER 180 DAYS TO THE ORDER OF ._._. $ 165,842.38 OD FOOTLOCKER SPEC INC & FOOTLOCKER CO 00 SERV OR PROTH OF CUMB COUNTY N -.-- PO BOX 8212 N OD C/O C CLEMENTS ESQ OCC PENNDOT $ S • ,, 1 00 HARRISBURG PA 17105-8212 " ? ?n????n???Y?????un?????n?n????n???n????n??u?????n?? EXE?f17•ipE? A ??L n'060797 2 211' 1:011.,12038951: 011564111' ,? I - biollao?:X 2 -,,T, F. d!ralv h 0 .101 Wpjjkff? ft-SE JIM a k ad.-STAN TIIA-A ` MAR 0 2 2007 l v IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015, SECTION 006 R/W, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN CLAIM NO. 2100279000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS IN REM : NO. 06-6478 CIVIL TERM ORDER AND NOW, this_L>Lday of IMy ?? 2007, upon presentation of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED that the sum of $10,131.66, 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. C%j C'j ,?) 4-, Lr) - • 01 IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015, SECTION 006 RIW, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN CLAIM NO. 2100279000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS IN REM : NO. 06-6478 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 7, 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. 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). 1 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, 6 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 2 O W 7 W o us N 7Z v 0 Q N N Q 02 V ? N a W ? U . , ? N W c °G zd, 0 O C p? 6 v A w °o c? w o C ?' p N W A m a. o No o ? ? N U ;kA '?' c?q c o W W Q ?++ 4 J C ilk ? Nv w ? 0 N O ?. r O c-- 00 pG ?" on N Ni W c?d ta U) Ul V6 i Pu Z, ° O y p O N V v ? CA J? fi A Q 0 ? Z ` cA .. o d d c E v .4" .a c A 0 G+ i v a> CERTIFIED MAIL COUNTY: Cumberland S.R. 0015, SECTION 006 CLAIM NO. 2100279000 COURT DOCKET NO. 06-6478 CIVIL TERM SCHEDULE OF INTERESTED PARTIES NOTIFIED OF THE PRESENTATION TO DEPOSIT ESTIMATED JUST COMPENSATION NAMES AND ADDRESSES Sanndrel of Pennsylvania, Inc. 3333 New Hyde Park Road Suite 100 New Hyde Park, NY 11042-1205 DATE RECEIVED CERTIFIED MAIL Certified Mail Number 7003 1680 0005 1267 1777 Received on February 5, 2007 IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015, SECTION 006 R/W, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN CLAIM NO. 2100279000 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS IN REM : NO. 06-6478 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, Kolly E. %loomon, Esquire Supremurt I.D. 85714 Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 ?P •-. c-n ON °C `OO ova 6? a8, 59 48074 002 0000 08 020907 00869939 575363 CHECKNUMBER weaaeNT ID SANNDREL OF PENNSYLVANIA INC OR PROTHONOTARY OF CUMBERLAND COUNT g PO BOX 8212 S C/O C CLEMENTS ESQ OCC PENNDOT 1f 82 LVANTA EXECUTWE EDIEPR ? 11500 2L.80 7 Loll' i:0 3 13 18 6 191: 610000001291,3a"' 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 R/ W, LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN : NO: 06-6478 -CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM PETITION FOR RELEASE OF ESTIMATED JUST COMPENSATION DEPOSIT AND NOW, comes Foot Locker Specialty, Inc., Condemnee, to petition the Honorable Court to release the estimated just compensation deposit, with interest. 1. Foot Locker Specialty, Inc., is the owner of real estate which was subject to exercise of eminent domain by the Pennsylvania Department of Transportation. 2. The property was subject to a mortgage of The Bank of New York. 3. The condemnation was of a narrow strip of land comprising less than one acre out of a parcel of approximately twenty (20) acres. 4. A March 5, 2007 an Order directed payment of estimated just compensation by PennDOT into the Court per the Eminent Domain Code. 5. This petition, filed on behalf of Foot Locker Specialty, Inc., is a petition of the party in interest. 6. The petition requests distribution of the full fund balance, with interest with no fee charged against the funds, pursuant to the Eminent Domain Code, 26 Pa. C.S.A. §522(d). i I 7. Attached please find a Partial Release of Lien executed by David P. Wirl on behalf of The Bank of New York. (Exhibit A). 8. The Partial Release of Lien specifies that the release of lien is in reference to the funds which have been allocated as estimated just compensation for the condemnation as reflected in the attached plot plan which is labeled Right-of-Way Claim Information. 9. The Bank of New York does not oppose distribution of the full funds to Foot Locker Specialty, Inc. 10. All known parties of interest and known possible parties of interest have been notified of this Petition. 11. Distribution is requested per the attached proposed Order. ACCORDINGLY, distribution is requested of the account balance payable to Foot Locker Specialty, Inc., and mailed to the below listed counsel. Respectfully submitted, DATE: By: Lavery, Faherty, Young & Patterson, P.C. Michael F. Faherty, Esquire Atty No. 55860 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Attys for Foot Locker Specialty, Inc. 2 w 5 Prepared By: Commonwealth of Pennsylvania Department of Transportation Return To: PA Department of Transportation Engineering District 8-0, R/W Unit 2140 Herr Street Harrisburg, PA 17103-1699 Site Location: Tax Map#10-22-0531-019 RW-307 (11106) COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF TRANSPORTATION ROW OFFICE PROD. NO. 080153 COUNTY Cumberland S.R. - SECTION 0015-006 MUNICIPALITY Hampden Town hip PARCEL NO. 275 CLAIM NO. 2100278000 CLAIMANT Foot Locker Specialty, inc. Foot Locker Corp. Services, Inc. PARTIAL RELEASE OF LIEN MORTGAGE - JUDGEMENT QC 12 6 LLLii 9000 - 3yj () PENNDOT INSTRUCTIONS: After the phrase, "... hereby releases from the operation and effect of said lien the premises," insert one of the following phrases to describe the property release: If theproperty was acquired by deed insert: "conveyed by the above claimant(s) to the Commonwealth of Pennsylvania, Department of Transportation, by deed dated and recorded on the date of recording of this instrument" If the properly was acquired by Decl ration of Taking insert: "condemned by the Commonwealth of Pennsylvania, Department of Transportation, on i 7 U 6 by the filing ofa Declaration of Taking in the Court of Common Pleas of rJ Fr' 1tnt4 County to No. 06 - b y 7$Term, 19 t? 0?d L :1 If the property is covered by an advanced acquisition agreement and mortgage insert: " described in the mortgage dated and recorded in the County Recorder's Office on the date of the recording of this instrumen? RW-307 (11106) 2100278000 Foot Locker Specialty/Corp. Serv. Nov. 10, 2006 Page 2 of 3 Claim Number Claimant Date In consideration of the sum of One Dollar ($1.00) and good and valuable consideration, the undersigned, hereinafter, whether singular or plural, called the LIENOR, holder of the mortgage and/or judgement set forth below, which instrument is a lien on the above property, hereby releases from the operation and effect of said lied , County to No 64-78 G:..:1 rl'..---.. 9006 and any and all payments to be made by the Commonwealth of Pennsylvania, Department of Transportation, to the said claimant(s) in consideration of the acquisition of said premises; provided, however that execution hereof shall have no effect upon the said lien or upon any rights of the said LIENOR set forth in the instrument which is the basis of the said lien, including but not limited to the right to collect principal and/or interest as it shall become due. Nature oflnstrument Date and Place ofRecordinF Mortgage 6/23/99 Cumberland County Recorder of Deeds Book 1552 Page 123 * that portion of the premises condemned by the Secretary of Transportation of the Commonwealth of Pennsylvania on November 7, 2006 and designated as required right of way on the plot plan attached hereto and made a part hereof RW-307 (11106) 2100278000 Foot Locker Seecialty/Core. Sere. Nov _10.2006 Page 3 of 3 Claim Number Claimant Date The LIENOR has executed or caused to be executed these presents, intending to be legally bound thereby. INDIVIDUALS ENTITIES* LIENOP, The Bank of New York (Name of Entity) U)40 BY: David B. Wirl Vice President BY: * Use this block for a corporation, partnership, LLC, government entity, school district, church, trust, club, association, POA, attorney-in-fact, executor, administrator or any other entity. See RIW Manual Section 3.06. ENTITY INDIVIDUAL STATE OF PENNSYLVANIA STATE OF COUNTY OF & t L C?, f All COUNTY OF On this day of c o 20_t' y, On this day of , 20 , before me, Qi4Vlb -spfore me, , the undersigned the undersigned office It cer, personally appeazed 1 who acknowledged self P-W - , known to me (or satisfactorily proven) to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that executed the instrument for the purposes contained in it. In witness whereof, I hereto set my hand and official sea trerej [Title] [Seal] v?+?nvnt?Lt" OF F'ENNSYLVA Maid sad ft K Gewap AW N?lolry Pubic Fmtiwion Expires Oot 06 2011 be the and that as such [title], being authorized to do so, executed the foregoing instrument for the purposes contained in it by signing on behalf of the entity as [title]. In witness whereof, I hereto set my hand and official seal. [Signature] [Title] [Seal] [title] of [name of entity], i -17? Y I1 ?I ^ 0. 2 Ji J o ? O1?Y J?1gCyI ~YW?1y F ? gcF ?V??.r -?II OO yn INS O?o?BF p • ? A o pppp[? 1 WWF '`? .? W 6666e ?? pp ??m W O .. V m LL N0. ?sWsm ??L' ji ? ` 1- O . y y p ®0NW 2G O CW Z GWW 1- yg gy?? fy I ? F ? y NK O WO ? Q ?y yN C WWI? ? ?iFL ?i N1L i O ?Y ' S W? O V ? 1 ? fF l ' ?y ja Wl C$0.?k y a 5pu 0 M Mp M UIN b T eWW NJ' Inb• m?0.. ? moNo • ?.. ode rrq- K?t??NO•K? In h. Mob Oql M AH Y 4f FF ? L?PF-JC W p_ G=? CERTIFICATE OF SERVICE I, Linda S. Wallace, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this 16 day of November, 2007, I served a true and correct copy of the foregoing Petition for Release of Estimated Just Compensation Deposit and Proposed Order via U.S. First Class mail, postage prepaid, addressed as follows: Foot Locker, Inc. Randolph Brodwin, Esquire 112 West 34th Street 4th Floor New York, NY 10120-0101 The Bank of New York 1 Wall Street, 181h Floor North New York, NY 10286 Kelly E. Solomon Assistant Counsel Pennsylvania Department of Transportation P.O. Box 8212 Harrisburg, PA 17105-8212 5. Wallace Secretary to Michael F. Faherty, Esquire r.a C- O 1-0 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 R/ W, LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN : NO: 06-6478 -CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM SECOND AMENDMENT TO THE PETITION FOR RELEASE OF ESTIMATED JUST COMPENSATION DEPOSIT AND NOW, comes Foot Locker Specialty, Inc., Condemnee, to petition the Honorable Court to release the estimated just compensation deposit, with interest. 1. The Honorable Judge Oler has ruled on a Petition to Deposit Estimated Just Compensation on March 5, 2007. 2. The only known party of interest, The First Bank of New York, has concurred per the previously submitted lien release document. Respectfully submitted, DATE: Lavery, Faherty, Young & Patterson, P.C. By: Michael F. Faherty, Esquire Atty No. 55860 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Attys for Foot Locker Specialty, Inc. CERTIFICATE OF SERVICE I, Kelly M. Mazer, an employee with the law firm of Lavery, Faherty, Young & ?- Patterson, P.C., do hereby certify that on this __1 Zday of December, 2007, I served a true and correct copy of the foregoing Second Amendment to the Petition for Release of Estimated Just Compensation Deposit via U.S. First Class mail, postage prepaid, addressed as follows: Foot Locker, Inc. Randolph Brodwin, Esquire 112 West 34th Street 4th Floor New York, NY 10120-0101 The Bank of New York 1 Wall Street, 18th Floor North New York, NY 10286 Kelly M. azer Paralegal to Michael F. Faherty, Esquire r CZ1 Y . co C. C-n NOV 2 0 W ri 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 R/ W, LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN : NO: 06-6478 -CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM ORDER AND NOW, this day of Dec.-. , 2007, upon presentation of the Petition for Release of Estimated Just Compensation deposit, it is hereby ordered that the entire fund balance be distributed to payee Foot Locker Specialty, Inc. This distribution is directed to that payee. These funds are distributed pursuant to the Pennsylvania Eminent Domain Code, 26 Pa. C.S.A. §522(d). J. By the Court: Z5 N LAJ Q T !t1 of V N O O- ct `r 09363601282008 Cumberland County Prothonotary's Office Page 1 PYS405 Manual Release Check Register 1/28/2008 Distribution Case No Accounting Escrow Tran Date Amount Date Release -------------- 3908 7097905 -------------- - 06-6478 ----------------- Check ---------------- Date: 01/28/2008 ------------------- Check No.: 1758 BOND 2006- 06478 PYMT/CASH 165842.38 3/08/2007 INTEREST 2006- 06478 PYMT/CASH 426.92 4/10/2007 INTEREST 2006- 06478 PYMT/CASH 632.96 5/04/2007 INTEREST 2006- 06478 PYMT/CASH 640.49 6/20/2007 INTEREST 2006- 06478 PYMT/CASH 606.09 7/19/2007 INTEREST 2006- 06478 PYMT/CASH 652.79 8/13/2007 INTEREST 2006- 06478 PYMT/CASH 580.91 9/07/2007 INTEREST 2006- 06478 PYMT/CASH 529.49 10/11/2007 INTEREST 2006- 06478 PYMT/CASH 527.33 11/16/2007 INTEREST 2006- 06478 PYMT/CASH 451.31 12/17/2007 INTEREST 2006- 06478 WIRE TRANSFER 404.10 1/09/2008 INTEREST 2006- 06478 PYMT/CASH 317.36 1/28/2008 Payee total: 171612.13 Grand total: 171,612.13 CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY 1 Z 5 8 ESCROW ACCOUNT , CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013*'?, &Jot 60-15031313 .? DATE PAY TOT'HE MM? C KeR $ g 8 ORDER OF w W Spetc:,a4y.. ' ?7„?'???n 4 P it a®wRLRoTR i O• ! 1.6 12 dol's 1Z ots -DOLLARS fiftff LmwrmN BANK -bq,ls 11¦00L758113 1:03L3L50361: L08 LLL0L11K NP v " : DC; 22489/ M 879297 3 O ;r D`. m o 0 m W -n s0 cv m 1 m 2 ri:r m0? _n m• w? m norm- m `I Cc- Z m31 " m Zy 1 i X?w off' n 03 c M. T Z r .i. ?'> z<m ' r_ g ¦i f.. O - o V 1 `` Y I N t //?? /? lJ .S r "Y X t go to fl`?;? Dcn $ r ?1 v c -BCD- U'3 a ? m ? C O rn Y'J- T r ~ 77YYVJJ ? p ? y N m 9 a T y p r m r '+ 4 1IW?- m V RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Receipt Date 1/28/2008 Carlisle, Pa 17013 Receipt Time 8:34:51 Receipt No. 203976 PENNSYLVANIA COMMONWEALTH OF OFFICE OF CHIEF COUNSEL P 0 BOX 8212 HARRISBURG, PA 17105 PENNSYLVANIA COMMONWEALTH OF (vs) CAMP HILL BOROUGH OF ET AL Case Number 2006-06478 Received of JAN INTEREST - ADDED TO CLOSE AND RELEASE THE FUNDS Total Non-Cash..... + .00 Total Cash......... + 317.36 Change ............. •00 Receipt total...... = $317.36 ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount INTEREST 317.36 7097905 - 06-6478 $317.36 NOY 2 0 M7 on 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 R/ W, LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN ORDER l? AND NOW, this day of CC- , 2007, upon presentation of the Petition for Release of Estimated Just Compensation deposit, it is hereby ordered that the entire fund balance be distributed to payee Foot Locker Specialty, Inc. This distribution is directed to that payee. These funds are distributed pursuant to the Pennsylvania Eminent Domain Code, 26 Pa. C.S.A. §522(d). By the Court: CURTIS R. LONG Prothonotary Cumberland County One Courthouse Squ Fll?r Carlisle, PA 17013 THE I! TN, r*, 2868 FEB - ? At, 10: S f Ccrm_ t f: 1( ?'7t A .? : NO: 06-6478 -CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM ETURyEQ Tp smog 1k (ADILIVERABLE AS ADDRESSIU,.,. NC) FORWARDING ORDER ON FIL[ Foot _L alty Inc 22>ib ar et P.45 Hag, PA 17108 7 PITNEY BOW['_. 02 1A $ 00.4 0004631598 JAN29 2 MAILED FROM ZIP CODE 1 7 6 VT i1?1 ?? TIlIi,1,T,11H IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION OF THE RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION 006 R/W, LIMITED ACCESS IN THE BOROUGH OF CAM HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN NO.: 06-6478 CIVIL TERM EMINENT DOMAIN PROCEEDINGS - IN REM KINDT AND DRABENSTADT, A PENNSYLVANIA GENERAL PARTNERSHIP, Condemnee/Petitioner CLAIM NO.: 2100199000 PETITION TO PAY DEPOSIT OF ESTIMATED JUST COMPENSATION TO CONDEMNEE TO THE HONORABLE, JUDGES OF SAID COURT: AND NOW, comes your Petitioner, Condemnee, Kindt and Drabenstadt, a Pennsylvania General Partnership, (hereinafter "Petitioner" or "Kindt and Drabenstadt"), by and through their attorneys, Joseph A. Klein, P.C., and petitions this Court as follows: Your Petitioner, Condemnee, is Kindt and Drabenstadt, a Pennsylvania General Partnership, that has its principal place of business at 1111 Primrose Avenue, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania, 17001 and is the owner in fee simple of certain improved land situate on Primrose Avenue, Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania ("subject property"), which is the subject of a Declaration of Taking filed by the Commonwealth of Pennsylvania, Department of Transportation (hereinafter "PennDOT") on or about November 7, 2006 to the above term and number. 2. On or about March 9, 2007, PennDOT deposited the sum of $35,236.58 with the Office of the Prothonotary of Cumberland County, Pennsylvania, as its Estimate of Just Compensation due Condemnee Kindt and Drabenstadt for the partial taking of its above described real property. 3. As of the date of condemnation there were the following mortgage liens in favor of Sovereign Bank, mortgagee, and relating to the subject property filed of record in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania: (a) 5/21/96 - Book 1552, Page 123; (b) 8/19/97 - Book 1400, Page 295; and (c) 11/24/03 - Book 1846, Page 747. 4. All of the Mortgage Liens of Sovereign Bank listed above in Paragraph 3 have been released by it as of January 8, 2008, in accordance with the Release of Liens document executed by Michael L. Postupak, Vice President, Sovereign Bank, attached hereto as Exhibit "A" and incorporated herein by reference. 5. Petitioner Kindt and Drabenstadt wish to withdraw from the Office of the Prothonotary said deposit of estimated just compensation. 6. Condemnor PennDOT has no objection to Condemnee Kindt and Drabenstadt's withdrawal of said deposit of Estimated Just Compensation. WHEREFORE, Your Petitioner prays this Honorable Court to direct the Prothonotary of Cumberland County to pay to Petitioner, Kindt and Drabenstadt, a Pennsylvania General Partnership, Condemnor PennDOT's deposit of Estimated Just Compensation in the amount of $35,236.58 plus any applicable interest or reimbursement for taxes. Respectfully Submitted, JOSEPH A. KLEIN, P. Date: February 27, 2008 91 Z"//,By A am G. Kl in, Esquire I.D. No.: 82283 500 North Third Street, 76' Floor P.O. Box 1152 Harrisburg, PA 17108 (717) 233-0132 Attorneys for Condemnee Kindt and Drabenstadt, a Pennsylvania General Partnership VERIFICATION I, Adam G. Klein, hereby certify that I am counsel for Petitioner/Condemnee, Kindt and Drabenstadt, A Pennsylvania General Partnership and that the said Kindt and Drabenstadt has authorized me to make the foregoing Petition to Pay Deposit of Estimated Just Compensation to Petitioner on its behalf and that the facts as contained in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand these statements are made subject to the penalties of Pa.C.S. §4904 (unworn falsification to authorities). 9 f Adam G. Klein Date: February 26, 2008 Prepared By: Commonwealth of Pennsylvania Department of Transportation Return To: PA Department of Transportation Engineering District 8-0, R/W Unit 2140 Herr Street Harrisburg, PA 17103-1699 Site Location: Tax Map#13-24-0799-088, 13-24-0799-101, 13-24-0799-102 RW-307 (I IM) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION ROW OFFICE PROJ. NO. 080153 COUNTY Cumberland S.R. - SECTION 0015-006 MUNICIPAUrY Lower Allen Township PARCEL NO. 25 CLAIM NO. 2100199000 CLAIMANT Kindt and Drabenstadt RELEASE OF LIEN MORTGAGE - JUDGEMENT PENNDO? After the phrase, "... hereby releases from the operation and effect of said lien the premises," insert one of the following phrases to describe the property release: If the property was acquired by deed insert: "conveyed by the above claimant(s) to the Commonwealth of Pennsylvania, Department of Transportation, by deed dated and recorded on the date of recording of this instrument" If the property was acquired by Declaration of Taking insert: "condemned by the Commonwealth of Pennsylvania, Department of Transportation, on by the filing of a Declaration of Taking in the Court of Corrumn Pleas of County to No. Term, 19 If the property is covered by an advanced acquisition agreement and mortgage insert: " described in the mortgage dated and recorded in the County Recorder's Office on the date of the recording of this instrument" EXHIBIT "An RW-307 (11 A6) 2100199000 Kindt and Drabenstadt Nov. 27, 2006 Page 3 of 3 Claim Number claimant Date The LIENOR has executed or caused to be executed these presents, intending to be legally bound thereby. INDIVIDUALS INDIVIDUAL ENTITIES* LIENOR: 'Sovereign Bank (Name o Entity) BY: BY: * Use this block for a corporation, partnership, LLC, government entity, school district, church, trust, club, association, POA, attorney-in-fact, executor, administrator or any other entity. See R/W Manual Section 3.06. ENTITY STATE OF PENNSYLVANIA COUNTY OF On this day of , 20 , before me, , the undersigned officer, personally appeared known tome (or satisfactorily proven) to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that executed the instrument for the purposes contained in it. In witness whereof, I hereto set my hand and official seal. [Seal] [Signature] [Title] STATE OF PENNSYLVANIA COUNTY OF 'ha tt p`i i v_ On this _ 9 day of 5a.? LLa_r'S/ , 20_Dl, before me,RLho_Xa h h1, Mikt // , the undersigned officer, personally appeared r - C Q- V ?, who acknowled ed self to be the V i Ci S1' a1 P?1-r [title] of VAX p a n 64-viK [name of entity], and that as nhj. 727 -r ?s r don_?L [title], being authorized to do so, executed the foregoing instrument for the purposes contained in it by signing on behalf of the entity as Vi C R? 4a,+ [title]. In witness whereof, I hereto set my hand and official seal. [Signature) i [Title] 'A-16 72!Zq [.Seal] COM=RGbekahM. F PENNSYLVANIA Seal ll, Notary Pubno Dauphin County ires Aug. (1y 2069 Member, Pennsylvania Associati,n n(,, RW-307 (11)06) 2100199000 kindtand Drabmstadt Nov.27.2006 Paget of 3 Claim Number Claimant Date In consideration of the sum of One Dollar ($1.00) and good and valuable consideration, the undersigned, hereinafter, whether singular or plural, called the LIENOR, holder of the mortgage and/or judgement set forth below, which instrument is a lien on the above property, hereby releases from the operation and effect of said lien the premises condemned by the Commonwealth of Pennsylvania, Department of Transportation, on November 7, 2006 by the filing of a Declaration of Taking in the Court of Common Pleas of Cumberland County to No. 6478 Civil Term 2006 and any and all payments to be made by the Commonwealth of Pennsylvania, Department of Transportation, to the said claimant(s) in consideration of the acquisition of said premises; provided, however that execution hereof shall have no effect upon the said lien or upon any rights of the said LIENOR set forth in the instrument which is the basis of the said lien, including but not limited to the right to collect principal and/or interest as it shall become due. Nature oflnstruntent Mortgage Mortgage Mortgage Date and Place ofRecord* 5121196 Cumberland County Recorder of Deeds Book 1552 Page 123 8/19197 Cumberland County Recorder of Deeds Book 1400 Page 295 11124/03 Cumberland County Recorder of Deeds Book 1946 Page 747 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION OF THE RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION 006 R/W, LIMITED ACCESS IN THE BOROUGH OF CAM HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN NO.: 06-6478 CIVIL TERM EMINENT DOMAIN PROCEEDINGS - IN REM KINDT AND DRABENSTADT, A PENNSYLVANIA GENERAL PARTNERSHIP, Condemnee/Petitioner CLAIM NO.: 2100199000 CERTIFICATE OF SERVICE I, Adam G. Klein, Esquire, attorney for Condemnee, do hereby certify that on this date I served the foregoing PETITION TO PAY DEPOSIT OF ESTIMATED JUST COMPENSATION TO PETITIONER by having placed a true and correct copy of same in the United States Mail, postage prepaid, deposited at Harrisburg, Pennsylvania, addressed to counsel for Condemnor, Commonwealth of Pennsylvania, Department of Transportation as follows: Christopher J. Clements, Esquire Assistant Counsel in Charge Commonwealth of Pennsylvania, Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 Counsel for Condemnor JOSEPH A. KLEIN, P.C. e By: Adam G. Kl ' Esquire I.D. No.: 82283 500 North Third Street, 7d' Floor P.O. Box 1152 Harrisburg, PA 17108 (717) 233-0132 Attorneys for Condemnee Kindt and Drabenstadt, a Pennsylvania General Partnership r ~T r f`t? ""i' i 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 R/ W, LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND NO. 06-6478 Civil Term EMINENT DOMAIN PROCEEDING IN REM LOWER ALLEN ENTRY OF APPEARANCE Please enter my appearance on behalf of Condemnee, Jennifer Delaye, in the above- referenced matter. DATE: la o Respectfully submitted, Lavery, Faherty, Young & Patterson, P.C. By: /- . Michael F. Faherty, Esquire Atty No. 55860 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Attys for Jennifer Delaye, Condemnee ?.? c.- ==? ? ? Sri .? Q?} -? ,: tii ,. ^ ?4???"?i ...7 ?..,,,, 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 R/ W, LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN NO. 06-6478 Civil Term EMINENT DOMAIN PROCEEDING IN REM PETITION FOR APPOINTMENT OF VIEWERS The Condemnee, Jennifer Delaye, hereby petitions the Honorable Court to appoint a Board of Viewers to determine damages pursuant to the Pennsylvania Eminent Domain Code, 26 C.S.A. Section 502: 1. The matter is captioned above with the caption as set forth in the Declaration of Taking filed at No. 06-6478 Civil Term on or about November 7, 2006. The property is identified in the Declaration of Taking at the Schedule of Property Condemned in the Cumberland County Recorder of Deeds-Cabinet 3, Drawer 1, Page 178, Sheet 187. 2. Preliminary Objections have not been filed. 3. The Condemnor is: Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 4. The only known condemnee for this property is Jennifer Delaye, 1 Bishop Place, Camp Hill, PA 17011. y' 5. The brief description of the property is the Jennifer Delaye/ JDK Catering property as recorded at the Cumberland County Recorder of Deeds-Cabinet 3, Drawer 1, Page 178, Sheet 187. 6. This petition requests the appointment of a Board of Viewers to ascertain just compensation. WHEREFORE, the Condemnee hereby respectfully petitions for the appointment of a Board of Viewers. Respectfully submitted, Lavery, Faherty, Young & Patterson, P.C. DATE: y? Michael F. Faherty, Esquire Atty No. 55860 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Attys for Jennifer Delaye, Condemnee 2 CERTIFICATE OF SERVICE I, Linda S. Wallace, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this 3 day of March, 2008 I served a true and correct copy of the foregoing Petition for Appointment of Viewers via U.S. First Class mail, postage prepaid, addressed as follows: Christopher J. Clements, Esquire Assistant Counsel in Charge, R/ W Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P. O. Box 8212 Harrisburg, PA 17105-8212 Curtis R. Long, Prothonotary Cumberland County Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 W to Michael F. Faherty, Esquire e.a <? `? c n ) d ,"5 m N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION OF THE RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION 006 R/W, LIMITED ACCESS IN THE BOROUGH OF CAM HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN NO.: 06-6478 CIVIL TERM EMINENT DOMAIN PROCEEDINGS - IN REM KINDT AND DRABENSTADT, A PENNSYLVANIA GENERAL PARTNERSHIP, Condemnee/Petitioner CLAIM NO.: 2100199000 AMENDED PETITION TO PAY DEPOSIT OF ESTIMATED JUST COMPENSATION TO CONDEMNEE TO THE HONORABLE, JUDGES OF SAID COURT: AND NOW, comes your Petitioner, Condemnee, Kindt and Drabenstadt, a Pennsylvania General Partnership, (hereinafter "Petitioner" or "Kindt and Drabenstadt"), by and through their attorneys, Joseph A. Klein, P.C., and files this Amended Petition as follows: 1. Your Petitioner, Condemnee, is Kindt and Drabenstadt, a Pennsylvania General Partnership, that has its principal place of business at 1111 Primrose Avenue, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania, 17001 and is the owner in fee simple of certain improved land situate on Primrose Avenue, Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania ("subject property"), which is the subject of a Declaration of Taking filed by the Commonwealth of Pennsylvania, Department of Transportation (hereinafter "PennDOT") on or about November 7, 2006 to the above term and number. 2. On or about March 9, 2007, pursuant to an Order dated March 5, 2007 by the Honorable J. Wesley Oler, Jr., authorizing the same, PennDOT deposited the sum of $35,236.58 with the Office of the Prothonotary of Cumberland County, Pennsylvania, as its Estimate of Just Compensation together with its pro rata share of real estate taxes due Condemnee Kindt and Drabenstadt for the partial taking of its above described real property. 3. As of the date of condemnation there were the following mortgage liens in favor of Sovereign Bank, mortgagee, and relating to the subject property filed of record in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania: (a) 5/21/96 - Book 1552, Page 123; (b) 8/19/97 - Book 1400, Page 295; and (c) 11/24/03 - Book 1846, Page 747. 4. All of the Mortgage Liens of Sovereign Bank listed above in Paragraph 3 have been released by it as of January 8, 2008, in accordance with the Release of Liens document executed by Michael L. Postupak, Vice President, Sovereign Bank, attached hereto as Exhibit "A" and incorporated herein by reference. 5. The Honorable J. Wesley Oler, Jr., signed an Order dated March 5, 2008, upon the Petition of Condemnor Commonwealth of Pennsylvania, authorizing it to deposit with the Prothonotary of Cumberland County the sum of $35,236.58 as its estimate of just compensation due Petitioner together with its pro-rata share of real estate taxes, to be held by the Prothonotary pending presentation of the within Petition to Pay said deposit to Petitioner in accordance with Sections 521 and 522 of the Eminent Domain Code of 2006, as amended, 26 Pa. C.S.A. §521 and §522. 6. Upon request made to counsel for Condemnor for its concurrence in the instant Motion, Condemnor PennDOT advised that it "takes no position on your Petition"; which undersigned counsel for Condemnee submits is tantamount to concurrence in the instant Petition as the same does not comprise an objection or exception thereto. 7. Petitioner Kindt and Drabenstadt wish to withdraw from the Office of the Prothonotary said deposit of estimated just compensation. WHEREFORE, Your Petitioner prays this Honorable Court to direct the Prothonotary of Cumberland County to pay to Petitioner, Kindt and Drabenstadt, a Pennsylvania General Partnership, Condemnor PennDOT's deposit of Estimated Just Compensation together with its pro-rata share of real estate taxes in the amount of $35,236.58 plus any applicable interest thereon. Respectfully Submitted, JOSEPH A. KLEIN C. Date: March 6, 2008 By: A am G. ein, Esquire I.D. No.: 82283 500 North Third Street, 7 h Floor P.O. Box 1152 Harrisburg, PA 17108 (717) 233-0132 Attorneys for Condemnee Kindt and Drabenstadt, a Pennsylvania General Partnership VERIFICATION I, Adam G. Klein, hereby certify that I am counsel for Petitioner/Condemnee, Kindt and Drabenstadt, A Pennsylvania General Partnership and that the said Kindt and Drabenstadt has authorized me to make the foregoing Amended Petition to Pay Deposit of Estimated Just Compensation to Petitioner on its behalf and that the facts as contained in the foregoing Amended Petition are true and correct to the best of my knowledge, information and belief. I understand these statements are made subject to the penalties of Pa.C.S. §4904 (unworn falsification to authorities). c L4 Adam G. Klein Date: March 6, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION OF THE RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION 006 R/W, LIMITED ACCESS IN THE BOROUGH OF CAM HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN KINDT AND DRABENSTADT, A PENNSYLVANIA GENERAL PARTNERSHIP, Condemnee/Petitioner CLAIM NO.: 2100199000 NO.: 06-6478 CIVIL TERM EMINENT DOMAIN PROCEEDINGS - IN REM CERTIFICATE OF SERVICE I, Adam G. Klein, Esquire, attorney for Condemnee, do hereby certify that on this date I served the foregoing AMENDED PETITION TO PAY DEPOSIT OF ESTIMATED JUST COMPENSATION TO PETITIONER by having placed a true and correct copy of same in the United States Mail, postage prepaid, deposited at Harrisburg, Pennsylvania, addressed to counsel for Condemnor, Commonwealth of Pennsylvania, Department of Transportation as follows: Christopher J. Clements, Esquire Assistant Counsel in Charge Commonwealth of Pennsylvania, Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 Counsel for Condemnor Date: March 6, 2008 Michael L. Postupak, Vice-President Sovereign Bank 233 N. 7" Street, 4 b Floor Mail Code PAl - HNS-04-01 Harrisburg, PA 17101 JOSEPH A. KLEIN, P.C. By: Adam G. Esquire I.D. No.: 82283 500 North Third Street, 7`h Floor P.O. Box 1152 Harrisburg, PA 17108 (717) 233-0132 Attorneys for Condemnee Kindt and Drabenstadt, a Pennsylvania General Partnership r.7 F t' s MAR 0 6 20081fbr1 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 R/ W, LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN NO. 06-6478 Civil Term EMINENT DOMAIN PROCEEDING IN REM ORDER AND NOW, this day of 2008, Petition for Appointment of Viewers is granted. The Court appoints Ij -'C- as a Board of View. Said Board of View shall hold its first meeting as required by the Acts of Assembly and Rules of Court in such case made and provided, and after evidence is given and report filed, give due notice of the filing of the report, as required by law, the cost thereof to be taxed as part of the cost of said proceeding, and do further direct that said Board of View shall report to this Court in accordance with existing laws and rules of Court. Coy 13, oGg BY THE COURT: 47 C) s .ar 2 0 4 c e i a ps 3 C= C-d 4r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION OF THE RIGHT-OF-WAY FOR STATE ROUTE NO.: 06-6478 CIVIL TERM 0015, SECTION 006 R/W, LIMITED ACCESS IN THE BOROUGH OF CAM HILL AND EMINENT DOMAIN TOWNSHIPS OF HAMPDEN AND LOWER PROCEEDINGS - IN REM ALLEN KINDT AND DRABENSTADT, A PENNSYLVANIA GENERAL PARTNERSHIP, Condemnee/Petitioner CLAIM NO.: 2100199000 ORDER OF COURT V ANDNOW, this tdayof 2008, upon consideration of the foregoing Amended Petition to Pay Deposit of Estimated Just Compensation to Petitioner, the Court hereby directs the Prothonotary of Cumberland County to pay the Estimated Just Compensation together with pro-rata reimbursement of real estate taxes on deposit in the amount of $35,236.58, plus any applicable interest thereon to Kindt and Drabenstadt, a Pennsylvania General Partnership, Condemnee. By the Court: J. rn , c ;A V100 ?Z :01 W L 1 8VW OOOZ tv.77,- -00/& 1/f, 10242003202008 Cumberland County Prothonotary's Office Page 1 PYS405 Manual Release Check Register 3/20/2008 Distribution Case No Accounting Escrow Amount Tran Date Date Release ------- 3905 7097883 ------ - 06- -------- 6478 ----------------- Check ---------------- Date: 03/20/2008 ------------------- Check No.:9000022 BOND 2006- 06478 PYMT/CASH 35236.58 3/08/2007 INTEREST 2006- 06478 PYMT/CASH 98.83 4/10/2007 INTEREST 2006- 06478 PYMT/CASH 127.26 5/04/2007 INTEREST 2006- 06478 PYMT/CASH 128.56 6/20/2007 I NTEREST 2006- 06478 PYMT/CASH 121.44 7/19/2007 INTEREST 2006- 06478 PYMTCASH / 131.06 INTEREST 2006- 06478 PYMT CASH 115.74 9/07%2007 I NTEREST 2006- 06478 PYMT/CASH 103.74 10/11/2007 INTEREST 2006- 06478 PYMTCASH / 02.74 1 INTEREST 2006- 06478 PYMT CASH 86.85 12/17/2007 INTEREST 2006- 06478 WIRE TRANSFER 76.49 1/09/2008 I NTEREST 2006- 06478 PYMT/CASH 72.40 2/07/2008 INTEREST 2006- 06478 PYMTCASH / 47.2 3102008 INTEREST 2006- 06478 PYMT CASH 19.48 3/20/2008 Payee total: 36468.38 Grand total: 36,468.38 AN ARTIFICIAL WATERMARK. PRINTED ON THE BACK. THE FRONT OF THE DOCUMENT HAS A MICRO-PRINT SIGNATURE LINE. ABSENCE OF THESE. FEATURES WILL INDICATE A COPY. 20 South Main Street Fw Chambersburg, PA 17201 181640 REMITTER CUPAB. CO. PROTH. DATE 031108 PAY TO THE KINDT & DRABENSTAC1T ORDER OF 22-1676 960 3-8 as DOLLARS OFFICIAL CHECK DRAWER: F&M TRUST ISSUED BY: TRAVELERS EXPRESS COMPANY, INC. ` P.O. BOX 9476, MINNEAPOLIS, MN 55460- _ DRAWEE: US BANK, ST. PAUL, MN 7?) AP u` L 8 16 4 0 n' ..'.. 1: 0 9 6 0 16 ?P3 SI: 0 1600 10 4 L66 9 0 0 u6 AUTHORIZED SIGNATURE OSen? 03'x0-0 B? RA" G. Klel,Ls s00 lJoPA\ 7hird. 7 ?I, F100R, -P 6.30 ,c ?IS2 ?a??ti?s?o . P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION OF THE RIGHT OF WAY FOR STATE ROUTE 0015, SECTION 006 R/W, LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN SIM ZIM ASSOCIATES, LP Successor-in-Interest to SANNDREL OF PENNSYLVANIA TRUST Condemnee/Petitioner CLAIM NO. 2100279000 NO. 2006-6478 CIVIL TERM EMINENT DOMAIN PROCEEDINGS - IN REM PETITION TO PAY DEPOSIT OF ESTIMATED JUST COMPENSATION TO TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, comes your Petitioner, Sim Zim Associates, LP, a Pennsylvania limited partnership (hereinafter "Sim Zim") as successor-in-interest to Sanndrel of Pennsylvania Trust, by and through their attorney, Richard J. Giuliani, and petitions the Court as follows: 1. Petitioner/Condemnee is Sim Zim Associates, LP, a Pennsylvania limited partnership that has a business address of 1250 E. Baltimore Pike, P.O. Box 5233, Springfield, PA 19064, and is the owner in fee simple of certain improved land situated on 3433- 3435 Simpson Ferry Road, Camp Hill, Hampden Township, Cumberland County, Commonwealth of Pennsylvania ("subject property"), which was the subject of a Declaration of Taking filed by the Commonwealth of Pennsylvania, Department of Transportation (hereinafter "PENNDOT") on or about November 7, 2006, to the above term and number. See attached Order upon presentation of a Petition to Deposit Estimated Just Compensation for a Partial Taking. 2. On or about October 10, 2006, Sim Zim Associates, LP entered into an Agreement of Sale to purchase the subject property wherein Section 15.12 and Exhibit 7 of said Agreement of Sale granted the Buyer of the subject property "Full Just Compensation as summarized and agreed to by and between Seller and the Commonwealth of Pennsylvania Department of Transportation". See attached sections of Agreement of Sale between Sanndrel of Pennsylvania Trust and Sim Zim Associates, LP. 3. On or about December 14, 2006, Sim Zim Associates, LP acquired ownership of the subject property via Special Warranty Deed from the Grantor, Sanndrel of Pennsylvania Trust. See attached copy of Deed from Sanndrel of Pennsylvania Trust to Sim Zim Associates, LP. 4. On or about March 9, 2007, PENNDOT deposited the sum of $10,131.66 with the Office of the Prothonotary of Cumberland County, Pennsylvania as its Estimate of Just Compensation due Sanndrel of Pennsylvania Trust for the partial taking of its above-described real property. See attached copy of Deposit Check in the amount of $10,131.66. 5. Petitioner, Sim Zim Associates, LP hereby seeks to withdraw from the Office of the Prothonotary, said deposit of Estimated Just Compensation. 6. Condemnor, PENNDOT and predecessor in-interest, Sanndrel of Pennsylvania Trust has no objection to Petitioner's withdrawal of said deposit of Estimated Just Compensation. WHEREFORE, your Petitioner requests this Honorable Court to direct the Prothonotary of Cumberland County, Pennsylvania to pay to Petitioner, Sim Zim Associates, LP, a Pennsylvania limited partnership, Condemnor PENNDOT'S deposit of Estimated Just Compensation in the amount of $10,131.66 plus any applicable interest. ?-21-12r Date RespectMy submitted, *By:Z?imkssociates, LP h F. Frio Title: Authorized Partner 1250 E. Baltimore Pike P.O. Box 5233 Springfield, PA 19064 PETITIONER VERIFICATION I, JOSEPH F. FRIO, hereby certify that I am authorized partner for Sim Zim Associates, LP, a Pennsylvania limited partnership, and that Sim Zim Associates, LP has authorized me to make the foregoing Petition to Pay Deposit of Estimated Just Compensation to Petitioner on its behalf and that the facts as contained m the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that these statements are made subject to penalties of Pa C.S. Section 4904 (unsworn falsification to authorities). Sep rio Date: 9J ?D? VCRIBED AND SWORN TO BEFOM ICE ? . DAY OF_,Q ZrD?y NOTARY PLIBUC COMMONWEALTH OF PENNSYLVANIA NOTARI LA3EAL KATHLEEN TIRRI -NOTARY PUBLIC UPPER DARBY TWP, DELAWARE COUNTY MY COMMISSION EXPIRES . 22, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION OF THE RIGHT OF WAY FOR STATE ROUTE 0015, SECTION 006 R/W, LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN SIM ZIM ASSOCIATES, LP Successor-in-Interest to SANNDREL OF PENNSYLVANIA TRUST Condemnee/Petitioner CLAIM NO. 2100279000 I, JOSEPH F. FRIO, authorized partner a representative of Petitioner, Sim Zim Associates, LP, do NO. 2006-6478 CIVIL TERM CERTIFICATE OF SERVICE EMINENT DOMAIN PROCEEDINGS - IN REM certify that as of this date I served the foregoing PETITION TO PAY DEPOSIT OF ESTIMATED JUST COMPENSATION TO PETITIONER, by having placed a true and correct copy of the same in the United States mail, postage pre-paid, deposited at Philadelphia, PA, addressed to counsel for Condemnor, Commonwealth of Pennsylvania, Department of Transportation, as well as to the predecessor-in-interest, Sanndrel of Pennsylvania Trust as follows: Christopher J. Clements, Esq. Assistant Counsel in Charge Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 Counsel for Condemnor Sanndrel of Pennsylvania Trust 3333 New Hyde Park Road suite 100 New Hyde Park, NY 11042 Curtis R Long, Prothonotary Office of Prothonotary 1 Courthouse Square Carlisle, PA 17013 Frio ( 10) 1-7777 250 E. Baltimore Pike P.O. Box 5233 Springfield, PA 19064 THIS AGRW&MuCN'T made this ao day of QG74- 4 i%K . 2006 between SANNDRII L OF PENNMVANIp, TRUST, a Pmosylvsmia . with an ofBcs at 3333 New Hyde Pair Rood. Suit 100 (P. O. Box 5020), Now Hyde Par% New York 11042 (hervine leer, "Seller"), and W4 M ASSQCJATIS LP, a Poarasyh=* Limited Partnership, with an oRioa at 1250 H. Baltimore Pike #5233, Sprimg8dd, Pawn ylvade 19064 (hffojaef?,, •Baycrw? WHEREAS, Seller owns a shopping cad" located iJn Harrisburg, Peartsylvania. known as Herr WwS west SbWPM9 Canter (the "Shopping Ceotel°') and Seller wishes to aft and Baayer wishes b bay the Sboppina Ca"WI NOW, T.HIWVORE, in considpwdon of the moval covenants heroin contused, the parties agree as tbllows: UMMM, Tlho following expression shall have the meanings set fix* below: 1.1 "Real Estate" roans the land desmibed on EWft .1 and all of the buildings and other froprovemaua eructed thereon. 1.2 "Space Lace(s)" mans all lesse(A lioense(4 concessions or other aomqeacy or use agreements, indndbg all modifications, addenda and supplements thereto and gueraatees thereof, applicable to any past of the Real Estate. All adsting Space Leases a of the date hereof are listed on attached . 1.3 "Property" mesas collectively all of Seller's rights and interests in the Real Estate, the Space Leases and the otbar suers descn'bed in Article 2 hereof 1.4 "posing Date" mean the data on which Closing occurs, and uarst Want on or beal'ase November 22, 2006. "Closing" mentor dw event whereby title to the Property is actually conveyed by Sec? er to Buys. Not vidastanding the foregoing, if Bayer clew to adeod the Due Dillgwco Period as on forth in Article 1.7 hereof, titan due Cloeft Data shall ocean or before December 15, 2006. 1.5 "Service Cointru ts" Inems all written agreamalls Pursuant to which goods, services or supplies are famished on a recurring bash for the operation of rho Real Bsdttc. Cop(as of and Service Contracts are attached as EAM 3.. 1.6 "Escrow Agora" means Hadlrnar:k MOW Company of PhdadaWs. 1.7 "Dwc Diligence Paaod" mans a period of time cau a mmAWg on rho date fb* writtaaa above and expiring at 5:00 p.m., Now Yak time, an October 24, 2006. Notwithstanding rata faegomg, Bu}nar shell have the right to coand der Dee Diligence Period mm'15:00 p.m., Now Yodt time on November 8, 2006, provided that Buyer nodfics Seller in wdtag of its ek d m on or bdm October 23, 2006. 1.8 ".Permitted Exceptions" means those cancan title exceptions set fxth in gWftfi altecbed her,". 1.9 "Personal Property" moans all personal property meld agmpnnant (if atiyr) owned by Seller and loomed on the Real Estate 1.10 "First Deposit" moans a deposit, to be paid by Buyer to Eemow Agee upon the axeoutiou hereof, in the amount of $100,000.00, phis all interest earned thereon. if Bayer dais to extend the Doe D0igeme Period a set forth in Article 1.7 above, than in consideration of Seiler agreeing to w0h oft Won, $50,000.00 of the First Deposit shall be corn-redebse to Bayer (the "Non-Refla adable Pationw? except in the event of a Saw Debxh under Article 14.2 of this Agreemmk "Second Deposit" means a deposit, to be paid by Buyer to Escrow Agent parsuat to Section 3A(iil is tho amount of $150,000.00, plus allinterest caned thcrebn. "Deposit" means the AM Deposit tend the Second Deposit, caectivoly. 2. a >c AND PCB _saWt Tr accordance with the provisions of this AgieaneM Seller aguueea to sell, a> nW, assign and traustkr to Buyer, sad Buyer sgtees to praehase arced accuse font Sella, subject to the Pa tniged Exoptions and Spam Lassos, all of Seller's riight, We ad k I r , W in and to: (a) the Real Eshdce (b) the Space Leareos, (c) my Personal Property, (d) any lend lying m the bad of any disci, road or avemw% opmed or adjoining the Real Estate, and (? and haeditamants Rod ?? (a) any ape or gum appertdering t the Reel Estate. lanw*em .r.n?rb+lerr+?a?M+.rl.ewa?w...,.wauN,,,r 14.3 If Cloeasg should not oocar #br my whObo"w other than a defhnlt by Buys or a Sella De8n1t (bwbWi% wfto* limitation by reason of a musw>lurl btaaoh of repr m or wathaaty of Seller or an MM d thin objection propedy made by Buyer uada Seaton 6. 1, or s & Uwe to deliver eY teeunt eatoppal ms;nicad heamder) wbwh Bayer is not willing to waird3 than in eruct eves buds Agmenv t trbail be and be doomed asnedled, the Deposit AM be retuned to Buyer, mtoept that the Norio- ROfMXMIG Portion of the First Deposit shall belong to Seiler, ad i3bavapon 9aya s?,ail pine no other ru84t, by way of dsmaiges or odww* sponst Seller notwitbanaft the wdswinoe of any fbijare or bra" of repes"OHioo, warranty, ooroensnt, MIG, provision of 0MVpd or other Closing condition (provided dWB%W will remwin liable ou fts obligffiiords ands Sections 4.2 and 15.8). 14.4 NWftjWdiag nyddog to the coattery coftimd in this Agdraanent, in the evoat of any litiigstion batweem Huyer wnd Soils U nisng fhom ar Misting to this Agma ned, flab prevailing party. in addition to and runt in limit Lion of my Ohba iiob add ra ne6ce„ shall be sxrdtled to receive mmmedieto p47Oast of its realm" attorneys fees, agmewes and court coos ftm the other party. t S, i59&C?LLANgjQit,?,, 15.1 No provision of this Agrengm t d" survive delivery of the deed a wqx as bmw pcprenstp provided The aeoeptrnce of fide dead by Buyer stall be oondasve evidetwe of the PGAMMMM by Seller of all of the provisions of this Agreement to be pafanned by Sella. 15.2 'I'bis Agn rme (sdmtadissg ride Fadubits wtbahed hwato) contains the en8ro agsdaaned between the parties welt respect to the subject mater hereof end anpM*L%s all prior or oosraea?otbneoua undm* melhgM if soy, whb respect thesreto. 153 This Agmanew map not be maaded, mo&fwd, changed or mod, east may airy obligation hereunder be waived, except by vrritteas instcumaagt signed by the party to be chaged or by its agatdt duly wand in wrlting, 15.4 The pertics do not intend to confbr arty benefit herearddw on any peescsd, film or corporation other than the perhas hereto and dealt respective soooeesors or seeps. 15.5 "TIME 13 OF THR ESSENCE" with twpa t to all provisions of tads Agteammt, wgh the sole mcceptton that each of Buyer and Sella curs be endded to a single edjoatnmutdmt (not to exceed two (2) business days in any event) of the Closing Date. 15.6 This Agrormant stall extend to and be binding neon the legal apvsaerttrtlvesn, helta, ertecwrtors, aehuinistrators and, Subject to the provisions of do Agrvv mend, the pervaded aw"M of fide patina hereto. 15.7 if at the Closing Date, there sae my proeeodbW pending to protest or reddree reel esstade taxer for the year in which the Ckxft ocars, than the patties agree d w Buys shall contione said proceedings sad the servicto of Seller's zvornsy% and Bays specs to arm wA Seller out of tla recovery or savings, on a pro rata basis, the legsl Am of Seller's attoswteys, One cote) cot-of-podcot expenses. Bayer 69 not mete any setfiement or oowpowbe of ,o& prooaedin wildcat Brie opened of Sella. AW reAwd at rubmbon which covers a period prior to the Closing Data " Wong solely to SW%w, and Buyer atoll have no itrema 1 with respect to any proceedings wbdoh relob to pdar yamss. The provisions of the ftft (3) precedirdg sentences of finis Se cdon 15.7 dog servive Closing. 15.8 Bayer 11 1sprps ns sod warretda that It will keep all it tomatim end/or tq mM and/or docaments obtained from Seller or its agents ($I uft without Hmkxdon the rm and odd terms of tbre Space Lcaw), or related to or connected with ft Property (including widiout lion the madam of *a Agreee neat and due Porderse Price) striodyy ooe idertW ad will not dlsedeee any ¦och ithrondon to cry parson or ea ft (accept for Bayer's attorneys, connit nts and advisors; provided east any each parties of Wt rly agree to tract mob material oorAdeedeliyj wrtboest the prier wrian oonsnnt of SA w In ampffia m sad not m litpoiman of the foregoing, Hays may not melee any public disdosum of fine eadt wwo or terms of We ASmeowd prior to Closing. 15.9 This Agreement dWI be goveetrded by, imorpe+eted uada, wad construed sad adbmed in accordmam with, the laws of fire State wheaesin the Psarparty Is located. This Agteemeat *all be construed is scoordsncx with its plain rnesaWS and witltant i I, r o oe to any maocim or rule of iomprel tien providing d w a wrhing should be construed against the pant rereponsdble for the denting 6teraof 1l ?enewd?aesx ?+v..wr..+rrM+w?+..+au.?n.?rwe>Karrrrr?nit> ?.rrK.r,!n?.?O ia_od(elr. i jwndkum 13.10 TMs Agremmmt ftH not be raoorded or tiled in the public words of &W by ertbtx party and my attempt to do so may be treated by the other party as a breech of this Apeantitatt 15.11 Tbis Agreemeed away be mmod in am or more its, cub of which when so executed and delivered shall be deemed an ofthm , and all of which bogey shall cono{tete owe sod the semie iasdument. 15.12 Seliw hereby disoloeas the as set tbr& in Eab? attached hereto =d mWe a pending of dweateMd Seller Htrgaaoo to affoctkng the M8h QW property reasanabk dtlbm to saWo the po"B m threatened ' ore Closing C3 =& In wanccdw widr item Ml on °A +?°0tiag the pmppy a at t or m before 8xhibk.Z Buykr shell be mtitlsd m Pulilwt as Ims cad agreed to by and between Seliar and the Cosaorronwaelth of Pemsyivaoia Deparerrem of Transportation, w WRNiss SOB', Seller and Sugar have mcecided this Agr wwW as of the day and year first above w rittm, BUYER: W1TNMES: S111f ,ZDII ASSOCIATES LP BY HW VIMMUM LAC, it Gauaral pffb r Ely: • , Joabph rio M6i*usg Member BZLLZR: Wf1'N>!"98ES: SANNDREL IF PZN"VANIA TRUST E Title: Date of Exemdon Escrow Agent signs to oonflo its sFtearTIMat wtth the provis m of SecjkM 3(AXii) bwwf, ESCROW AQFNTr Hallmark Abatraot CompmW of philarLeiphia By: Name: Title: Bate of EkecWon: Ma"WM 12 .,a,,,,r..aMrrr.....Ay,?w?lrgyp?.o?8r ..n..?,.? Ja,•_«tga..j Ccmm mwmft of PaonrylvaWa Dapaumw of Tn eWo t Won (BEMLS Project No. 080153, Chant No. 21000279000) oft to pmvbm a Right of Way on 0.042 we of the pmpetty for $9,200.00 (sdla has pmposod a price of S10,000.001 as od for& on do atdtchsd Plan, Bmm* FAvkam n=W v. G - malt Fla *g in oanmeotian with sepdffs hr a water Hu break (apptoochnatdy 56,000.00) that oommd when Bassett Eavhom nand aom&x*od oorbau drilling am behalf of Gwo att Flam bS a oomm otiom with the Comdor One V* monorail Wskm. Basset has sought rdmbm=mat of the we of mpaes firm Saer im 9alla'o l &ft to yelps the privaee weber line with tho one Call system. 20 e om"P t .OOKU-0...ryy,.wM r . vX77 ' 100 THIS SLED $ MADE the day of December, in the year two thousand six (2006) BM-WEEN SANNNDREIL OF PEMNSYLVANIA TRUST, a Pennsylvania 'smart, with an office at 3333 New Hyde Park Road, Suite 100 (P. O. Box S020), New Hyde Park, NOW York 11042 GRANTOR AND SIM ZIM ASSOCIATES LP, a Powsylvenia Limited P raMp, with an office at 1250 E. Baltimore Pike #5233, SpringfieM, Pennsylvania 14064 GRANTEE WITNESSETH, that in consideration of other good and valuable consideration and the stem of be five Million Seven Ht1 mkW sad Five TboumW' Dolma ($5,705,000.00) Dolbnds, in hand paid, the receipt whereof is herby arknowle W, Grantor does hereby grans, bargain, sell, convey, ratify and confirm to the said Grote e, ALL the ft?Ilowing described read estate:, lying sod being situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows, BEGINNING at a potent is the Southerly lino of lad of Pear Central Comptwy distance 75 feet Southwardiy at right angles from the center On of tallmad of add Pam Cared CAmpoy known as Sue Ctmnberlarsd Vaiky Branch and at the Nortbcatarly contat of the p*vW' of tend conutiaing 3.55 acres morns or Was which has been bonveyed by Manor Real Estate Company to United States Plywood C=pond mt by Deed dated August 23, 1%1 said beginning point being at the distance of 2000.75 fee measured North 76 degrees 07 minutes 00 seconds East along said Southerly tote of land of Penn Camral Company from the canter line of St. Join Road; EXTENDING said beginning point the following eight courses and dionces: (1) North 76 degrees 07 minLL60a 00 seconds East slang said Southerly line of WW of Peen Camel Company parallel with said center Ilea of railroad 351.98. feet ft a point; thence (2) Sttttth 11 dogrew 53: mimtia 00 seconds bd by retaining lad of Mown Rai E#W Company 5".21 he to a paint In dw Nortlieriy, ribo[ wq liar of ale Highway Roote No. S70 (Sit perm Ferry Road), 120 feet with dhemee along said Northerly right-ofway lies of State Highway the (01lowing two courses and disgraces: (3) Soots 74 dWao 31 mkA*s It saaonda Wsst -245.10 fleet ID a point of cwva and (4) Westwardly on a curve to the let having a radiate of $789.65 Poet the are dbtreoe ed251,54 fed to the *eaterly and of the no rm wide portion of saw Highway; them" (5) Scatb 14 depto 10 mbWas 5# s.ooa I fleet alo% said westerly and of 120 foot wide portiere of highway, 64.56 teat b the antler line of saki Stria HWmay as hid amt 33 feet wide; thence (6) South 75 degrees 10 mbmttes 45 etude Wet along sold center line of Highway, 4660 feat to the Easterly line of said pwtW of land caaveyed as aferenld to United States Plywood Coeporad thspioe the following two courses and distawn beingakx?g Easterly lines of said lot mnoaaioped pared of Land; ('l) Worth 13 degrees 53 nmburm 00 seconds Nest, 437.40 Neat to a poine; and (9) Nosthwartlly, an s curve to the right having a radhts of 240 feet, the chord of whlek bears Wortk 18 degrees 33 minutes 00 oconde gag for a length of 157.43 feat, the arc distance of 27 t .71 feet to the place of begining. CONTAINING 13.1 % Am* more or ins. LESS AND EXCEPT the following three out conveyances: Outconveyance No. 1: ALL THAT CERTA IN piece of parcel of land, situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, vies: BEGINNING at a point in the northerly right-of-way line of State Highway Route No. 370 (Simpson Ferry Road) W 278 W 642 KIM128-0001 CONFIDENTIAL 120 fat wit* said pout help& located an the On bdweea lands tam or We of Mannar Rea! Pima end Trot Co. and loads of S6ua" of Pmenaylvanita, has,; thanes a1mg the said risht of watt' line S. 78' 31' 18'W„ 213 hatto a point; science by Ion& of Son" of Peatuylvwlia, In, Her* N. 13'53'00'W., 153.98 feat to a poK- thence by the same N. T6'0'PWE., 214.81 feet to a point 'I In The of bands of Some" of Pouraylvaeia, lac. and bads axhw or tear of Mawor Real Estate and '!lust Cw, them by beads now or has of Manor Real Rim and Trust Co. S. 13'53'WE., 165 feat to the point of 8WINNiNt3. CONTAINING 0.729 aces of land be the same, more or less. TOGETHER with the aon-exchall" right and privilege to use the means of ingress and egress and parkiag cress located upon the retaining lands of Cmnlor atdjoent to the property conveyed herammim. BEING the samse prambw convoyed by Sargachel of Pammylva n* Inc., a Delaware Capotmroat, to Bayrock Inve sun at Co., an Ohio Limited Pamarship, by Deed daateJmuwy 10, 1973 and recorded January 29, 1973, in die Office of the RecaNer of Deeds of the county of_Cumbelrlatid. Peorisylvanir, in Dad Book Z, Vohmw 24, at pop 550. Outemnveyanca No. 2: ALL that parcel of {tad sitnMs in the Ttiw=ktp of Htastden, Cotmiy of CumbWbV4 Comstuxtwallh of Penarylvania, bounded mid described a follows, COMMENCING at the iaterse cdon of the centarlim of Ziaaneserwm Drive mad the cantarflne of Shopsoe Retry Road (L.R. $701 dMoa weslariy alaq the ceatalbte of ghpsoa F'eay Road, a dkolimmos of 746.79 feet, to a point in the centerl me of s tmpeoa Rory Read, said polar being the souil+west aomar of prMpe ly of Sun" o(PmPwy1mm6 inc., of which this tract was fahnarly a put thence along had of Atnaplyeo Paopertss, Itte., N. 13'53` Watt. A distance of 72.37 feet to a point on the uhiatete rtgttt=of way be t(Sisapeon Fay Rod; Owm eloall; tstid uhhuate rig!"frwoy line of Sbapaois Party Rood, Naaeth 76'33' EaK a ft a w of 47.74 but to a point, the plow of BEGINNING of the wact both descsibed tmm aloeig land of Soetittrel of Pramoy1vtaa1% inc. North 13127' West, a distance of 175 feet to a pulat 1mm eoaduutog dog the setae Mend! 73'33' East, a dim of 160 iam to a point; thew coadamial along the satga. South 13'27'•&K s diatwm of 011 fed to a point on the ultimate right-ot way line of SbnpKm harry Road; mains along tho.ulrhasta tight-of way line of Simpson Ferry Road, Sowh 76133' Week a distatm of 160 teat to the place-of BBl'tilaiNiN(i. CONTAINING 28,000 aqu ere fart of land. Being lot #I of a "Final subdivision Plan for $aum*d of Peaaay1vata4y tae." peered by John C. BriiW% Surveying & Mapping "view Meadtaaitabnrg. PA, dated Octabar 4, 1973, heat revised Jmnaary ''16, 1979, and recorded knuary 22. 1979, in the Oft e of the Rawft of beeds of the Cowtty of Cumberland, Pennsylvania, in Plea !look 34, at page 48. BEING the am premises conveyed by Seandrel of Pamtylvm* Ina., a Delmmv Capon kx4 to. Haatapdah Township kimtstrisl Devslopt meat Autborky. a body pollsic, by Deed dated Darnall r 27, 1973; and mcorded in the Office of the recorder of Deeds of the County of Ctnnbcsimad„ Paaasylvania, in Dad Book 0. Vohame 28, page 413. Outwnveyeace No. 3; ALL that catahn piers or parcel of lead, show in the Township of. Hampdai, County of Cumberland end C w monweahb of Pennsylvania. bounded and described ea Ibilmrs, viz: BEGINNING at a point in the Southerly line of lead of Pam Central Company dimmR 7S Polo Soatkwwdly at right sages ft m the center 16ie of mik+oad of sag Porn Grassi Company Irma of the Cumber! ad Valley Bhaalah and at the Northeasterly corner of the pereaet of land conttinllag 3.55 acres more or less, wblah her bass casvsyad by Mabee RcAl Emm COY m United States Plywood Corporation by deed dMed August 23. 1461, laid beginning point being at the distance of 2,000.73 Bet aatmsured North 76 degrees: 07 mimaes 00 seconds Bast, along said Southerly line of land of Penn Central Company flvrn the caahter line of St. )ohm Rood; bbox 278 FACE 643 KUvWS-0002 CONMTZ,NTiA f Thence, frorn said point of BEGOMING the foibwlin four oounm and diennoes; (1) N. 76' 97' E. alms said Sowlrarly line of laid of Pennt CaaW CompoW, 30.06 that to a point; trance (2) S 13' 33' 9 $0.00 fbet to a point; thma; (3) S. 76' 07' W. 30.00 fee to s point; dranee (d) N. 13' 33' W., 3000 feat to the poW of BEGM1010. CONTAINING 1,500 Squese Peet. ALSO included is the riSM of amuses and egress ft*vSh odw 1=6 of Swmhl of Pwmyhvnh4 Inc. BEING the sense: premises conveyed by Son" of PwAsyh?artia, Inc., to Hwapdon Towaddp Sew Au&M*, a Pennsylvania municW sa Moray, by Used dated lone 19, ISM ad reeonled Febnwy 20, 1997, in tbs Offte of the Recorder of Deeds of the County of Cumberls %4 PansyWa nis Deere Book M, Vohne 32, at page 928. BEING a portion of the same Deal estate conveyed to Stet of Pennsylvania, Inc, by deed of Central Dauphin Realty Company, dazed Mwch 20, 1972 and recorded in Cmubertand County in Deed Book N24, Page $57. And the Grantor, will warrant.specially the real estate hereby conveyed. IN WMESS WHEREOF, the said Grantor has caused this Deed to be executed the day and year first above written. Witness: SANNIDREL OF PL rN. VANYA TRUST \ r B . C Wilbur E. s Vice President STATE OF i 1A ss. COUNTY OF nr On this, the MI, day of Dw=iber, 2006, before me, a Notary Public, the tatderssiped officer, personally appeared Wilbur E. Simmons, in, who w*nowledged himself to be the Vice President of Sanndml of Pennsylvania Trust, and that he, as such Vice PMi wt, being authorized to do so on behalf of Saondrel of Pennsylvania Trust executed the foregoing instrument for the purposes therein contained by signing the name of the company by him4gelf as Vice President. In Witness Whereof, I hereunto set m and official seat. Notary Pollee My Commission expires: ys ' ' 1a.; ' 1JBA 1, SALT«'tp T4 MAMLAM My con niselon Earptwe Nov. AME KI1V1/28-0003 CONFIDENTIAL I hcreby certify that the precise residence of the Grantee is 1250 E. Baltimore Pike Springfield, PA 14064-5233 Witness my hand this 1 day of C A drama I Certify this to be recorded In Cumberland County PA .? YO r S F2-Ij III •V V IL t M V• M 7 ? 66 all KIW28-0004 !Y)NFTrlVMTT e T LIAR 0 2 2007 ,.y IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015, SECTION 006 R/W, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN CLAIM NO. 2100279000 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA EMINENT DOMAIN PROCEEDINGS IN REM NO. 06-6478 CIVIL TERM G AND NOW, this-bL_,day of my. 2007, upon presentation of the Petition to Deposit Estimated Just Compensation, it Is ORDERED and DIRECTED that the sum of $10,131.66, ,presenting 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 condemns 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. r%V Tur ^1^1 ldT. ?Eax' fL O LL > o 5 El 07 Q01t n?` ? ? 4 yrs" a _. 4•'L.'.?•F Syry ii'`.. _ ,\ i# is i, ` 3 6 ! Fr CDC mm DEPT PEEP DATE S? er N't - . r d g J 7 7 g •tt?> 7 py?iy??'s' ?t??F}..3i t „i 6S{ : i t -,,. P : r . t t• M.wYw4r1? x t r v 4.- pp p1 n 7y''J s.'-1•} ?+•?? * r 4 t r ,?J; /;.rw-i, r- p ? S r 'Y' T f' ?i Y r w r m :. VEPJFCA 'n t?' _ + RATE 'N F x r 4{ ilk t i ? ? ; nAw {? TO THE ORDER OF VOID AFTER 110 DAYS o SANNDREL OF PENNSYLVANIA INC w OR PROTHONOTARY OF CUMBERLAND .. COUNT PO BOX 8212 /O C CLEMENTS ESQ OCC PENNOOT f ,-1 ! C Ism, *a?,, u, uo?11111. nsfal. a ?li.. 11. 1116.1 Fir, 000 21680 X160 1.0 3 L 3186191: 6 &000000 1 2916 38u' RW-334 (9/06) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION ROW OFFICE PROJ. NO. 080153 COUNTY Cumberland S.R. - SECTION 0015-006 MUNICIPALITY Hampden Townshi PARCEL NO. 276 CLAIM NO. 2100279000 CLAIMANT Sanndrel of Pennsylvania Trust, Successor by Merger fromSanndrel ofPennsylvaniq Inc. I E'tf ,?l%f 11ti SETTLEMENT AGREEMENT Post Condemnation IN RE: CONDEMNATION OF THE COMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0015, SECTION 006 R/W, LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2006 -6478 Civil Term Made on by Sanndrel of Pennsylvania Trust, Successor by Merger from Sanndrel of Pennsylvania, Inc., a Delaware Corporation, owner(s) of property effected by the above captioned condemnation, their heirs, executors, administrators, successors, and/or assigns, hereinafter, whether singularor plural, called the CONDEMNEE, and the Commonwealth of Pennsylvania, Department of Transportation, hereinafter called the CONDEMNOR, WITNESSETH: WHEREAS the CONDEMNOR, on November 7, 2006, filed a Declaration of Taking in the Court of Common Pleas of the aforesaid County entered to the above Court term and number; and, WHEREAS by said condemnation the CONDEMNOR acquired title in fee simple or an easement for highway purposes, as shown on the plot plan attached hereto and made a part hereof; and, WHEREAS the property (or property interest) of the CONDEMNEE has sustained damages as a result of said condemnation; and, WHEREAS the CONDEMNEE has agreed with the CONDEMNOR as to the amount of damages, NOW, THEREFORE, in consideration ofthe sum ofTen Thousand and no/100 ($10,000.00) dollars, which sum the 1CONDEMNOR agrees to pay to the CONDEMNEE, who does hereby remise, release, quitclaim, and forever discharge the CONDEMNOR or any agency or political subdivision thereof or its or their employees, or representatives of and from all suits, damages claims, and demands which the CONDEMNEE might otherwise have been entitled to assert under the provisions of the State Highway Law, Act of June 1, 1945, P.L. 1242, as amended (36 P.S. 670101 et seq.), Act of December 7, 1979, amending AdministrativeCode of 1929, Act 1979-100 (P. S. 2003(e)), or the Eminent Domain Code, 26 Pa.C.S. § 101 et seq., for or on account of this conveyance and any injury to or destruction of the aforesaid property of the CONDEMNEE through or by reason of the aforesaid highway construction or improvement, except damages, if any, under Section 710 (limited reimbursementfor Appraisal, Attorney and Engineering Fees) and Section 711 (Payment on Account of Increased Mortgage Costs) of the Eminent Domain Code; provided however, that if relocation of a residence or business or farm operation is involved, this releae shall likewise not apply to damages, if any, under Section 902 (Moving Expenses) and/or Section 903 and/or Section 904 (Replacement Housing) of the Eminent Domain Code. ,i RW-334 (9/06) 2100279000 Sanndrel of hanndyAnia. Is 112Q/06 Page 2 of2 Claim Number Claimant Date THE CONDEMNEE does further indemnify the CONDEMNOR against any claim made by any lessee of the aforesaid property who has not entered into a Settlement Agreement with the CONDEMNO. THE CONDEMNEE wi 11 receive a Notice to Vacate at least thirty (30) days before possession will be required by the CONDEMNOR. THE CONDEMNEE may remain in possession, on a rent free basis, until n/a, after which date the CONDEMNEE will pay rental to the CONDEMNOR in the amount of $ 0.00 per month, in advance, beginning n/a, on a month-to-month basis until possession has been delivered. It is understood and agreed that the CONDEMNEE may relocate at their convenience prior to the Notice to Vacate. The CONDEMNEE agrees to execute the Department's Lease Agreement, form RW-670. Upon expiration of one (1) year, the amount of rental may be changed at the discretion of the CONDEMNOR. The Parties have executed or caused to be executed these presorts, intending to be legally bound thereby. INDIVIDUALS ENTITIES* CONDEMNEE: Sanndrel of Pennsylvania Trust (Ime E ) ?B Wilbur E. Sim ons, I , Vice Pres1 t Stuart W. Cox, Vice President * Use this block for a corporation, partnership, LLC, government entity, school district, church, trust, club, association, POA, attorney-in-fact, executor, administrator or any other entity. See R/W Manual Section 3.06. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION APPROVED AS TO FORM AND LEGALITY: BY: BY: District Right-of-Way Administrator For Chief Counsel a.. `R 71-i A ? ? a OG ? y9? THIS DOCUMENT HAS AN ARTIFICIAL WATERMARK PRINTED ON THE BACK. THE FRONT OF THE DOCUMENT HAS A MICRO-PRINT SKiNAT p 20 South Main Street TF#jST Chambersburg, PA 17201 I REMITTER PAY TO THE E ?-:t ,?...I NI AS S OC IATE, S ,l,,.t" ORDER OF F T Pp T , OF THESE 1 clil :X18 DATE X.5 )7,11.v 715 as ILL INDICATE A COPY.. 260874 22.1676 F606 - 111 r i . 7C DOLLARS OFFICIAL CHECK DRAWER: F&M TRUST ISSUED BY: TRAVELERS EXPRESS COMPANY, INC, P.O. BOX 9476, MINNEAPOLIS, MN 55460 DRAWEE: US BANK, ST. PAUL, MN L OP ATURE 11' 2608 7411' 1:0960 16 76 51:0 1600 1044690011' Q n ,w c C?o l _ 51 r >, : c > --+ -, M 6rn OCT o 7 2008 G i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J. CONDEMNATION BY THE : COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION OF NO. 2006-6478 CIVIL TERM THE RIGHT OF WAY FOR STATE ROUTE 0015, SECTION 006 R/W, LIMITED ACCESS EMINENT DOMAIN IN THE BOROUGH OF CAMP HILL AND PROCEEDINGS - IN REM TOWNSHIPS OF HAMPDEN AND : LOWER ALLEN . SIM ZIM ASSOCIATES, LP Successor-in-Interest to SANNDREL OF PENNSYLVANIA TRUST Condemnee/Petitioner CLAIM NO. 2100279000 ORDER OF COURT AND NOW, this day of 2008, upon consideration of the foregoing Petition to Pay Deposit of Estimated Just Compensation to Successor-in-Interest Condemnee, to Petitioner, the Court hereby directs the Prothonotary of Cumberland County to pay the Estimated Just Compensation together with pro-rata reimbursement of real estate taxes on the deposit in the amount of $10,131.66, plus any applicable interest thereon to Sim Zim Associates, LP, a Pennsylvania limited partnership, Condemnee/Petetioner. BY THE COURT J. RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Receipt Date 10/17/2008 Carlisle, Pa 17013 Receipt Time 14:22:06 Receipt No. 216061 PENNSYLVANIA COMMONWEALTH OF OFFICE OF CHIEF COUNSEL P 0 BOX 8212 HARRISBURG, PA 17105 PENNSYLVANIA COMMONWEALTH OF (vs) CAMP HILL BOROUGH OF ET AL Case Number 2006-06478 Received of OCTOBER INTEREST TO FINALIZE THE CASE Total Non-Cash..... + .00 Total Cash......... + 6.67 Change ............. - .00 Receipt total...... _ $6.67 ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount INTEREST 6.67 SIM ZIM ASSOCIATES, L.P. $6.67 14364910172008 Cumberland County Prothonotary's Office Page 1 PYS405 Manual Release Check Register 10/17/2008 Distribution Case No Accounting Escrow Tran Date Amount Date Release ----------- 3942 SIM --------------- ZIM ASSOCIATES, ------------------ L.P. Check ----------------- Date: 10/17/2008 ------------------- Check No.:9000025 BOND 2006- 06478 PYMT/CASH 10131.66 3/08/2007 INTEREST 2006- 06478 PYMT/CASH 26.18 4/10/2007 INTEREST 2006- 06478 PYMT/CASH 33.66 5/04/2007 INTEREST 2006- 06478 PYMT/CASH 33.92 6/20/2007 INTEREST 2006- 06478 PYMT/CASH 31.95 7/19/2007 INTEREST 2006- 06478 PYMT/CASH 34.59 8/13/2007 INTEREST 2006- 06478 PYMT/CASH 30.17 9/07/2007 INTEREST 2006- 06478 PYMT/CASH 27.54 10/11/2007 INTEREST 2006- 06478 PYMT/CASH 27.29 11/16/2007 INTEREST 2006- 06478 PYMT/CASH 22.79 12/17/2007 INTEREST 2006- 06478 WIRE TRANSFER 19.73 1/09/2008 INTEREST 2006- 06478 PYMT/CASH 18.56 2/07/2008 INTEREST 2006- 06478 PYMT/CASH 11.49 3/10/2008 INTEREST 2006- 06478 PYMT/CASH 5.61 4/07/2008 INTEREST 2006- 06478 PYMT/CASH 10.31 5/15/2008 INTEREST 2006- 06478 PYMT/CASH 12.85 6/17/2008 INTEREST 2006- 06478 PYMT/CASH 12.45 7/21/2008 INTEREST 2006- 06478 PYMTZCASH 12.88 8Z132008 INTEREST 2006- 06478 PYMT/CASH 12.90 9/10%2008 INTEREST 2006- 06478 PYMTCASH / 2.5 1 7 1O132008 / INTEREST 2006- 06478 PYMT CASH 6.6 10 17/2008 Payee total: 10535.70 Grand total: 10,535.70 OCT 0 7 2008 G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION OF THE RIGHT OF WAY FOR STATE ROUTE 0015, SECTION 006 R/W, LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN SIM ZIM ASSOCIATES, LP Successor-in-Interest to SANNDREL OF PENNSYLVANIA TRUST Condemnee/Petitioner CLAIM NO. 2100279000 ORDER OF COURT J. NO. 2006-6478 CIVIL TERM EMINENT DOMAIN PROCEEDINGS - IN REM AND NOW, this day of , 2008, upon consideration of the foregoing Petition to Pay Deposit of Estimated Just Compensation to Successor-in-Interest Condemnee, to Petitioner, the Court hereby directs the Prothonotary of Cumberland County to pay the Estimated Just Compensation together with pro-rata reimbursement of real estate taxes on the deposit in the amount of $10,131.66, plus any applicable interest thereon to Sim Zim Associates, LP, a Pennsylvania limited partnership, Condemnee/Petetioner. BY THE COURT J. V ..1 YA ' i __.a i.l i ..,. ??^r : y. -3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADM MILLING COMPANY, Plaintiff NO. 06-6478 CIVIL TERM V. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, EMINENT DOMAIN PROCEEDING Defendant IN REM PETITION FOR APPOINTMENT OF VIEWERS The Condemnee, ADM Milling Company, hereby petitions the Honorable Court to appoint a Board of Viewers to determine damages pursuant to the Pennsylvania Eminent Domain Code, 26 C.S.A. Section 502: 1. The matter is captioned above with the caption revised to reflect the 2006 amendments to Pennsylvania Eminent Domain Code, 26 C.S.A. Section 502(a)(1). The property is identified in the Declaration of Taking at the Schedule of Property Condemned in the Cumberland County Recorder of Deeds - Cabinet 3, Drawer 1, Page 172, Sheet 179 and 180. 2. Preliminary Objections have not been filed. 3. The Condemnor is: Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 4. The only known condemnee for this property is ADM Milling Company, P.O. Box 1470, Decatur, IL 62525-1820. The local address is P.O. Box 3100, Camp Hill, PA 17011. 5. The brief description of the property is the ADM Milling Company property as recorded at the Cumberland County Recorder of Deeds - Cabinet 3, Drawer 1, Page 172, Sheet 179 and 180. 6. This petition requests the appointment of a Board of Viewers to ascertain just compensation. WHEREFORE, the Condemnee hereby respectfully petitions for the appointment of a Board of Viewers. DATE: 3/ 1 ? '? (f Respectfully submitted, Lavery, Faherty, Young & Patterson, P.C. '' By: ` Michael F. Faherty, Esquire Atty No. 55860 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Attys for ADM Milling Company, Condemnee CERTIFICATE OF SERVICE I, Tara B. Winton, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this 13 day of March, 2009 I served a true and correct copy of the foregoing Petition for Appointment of Viewers via U.S. First Class mail, postage prepaid, addressed as follows: Christopher J. Clements, Esquire Assistant Counsel in Charge, R/ W Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P. O. Box 8212 Harrisburg, PA 17105-8212 Curtis R. Long, Prothonotary Cumberland County Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 9 Tara B. inton Legal Assistant to Michael F. Faherty, Esquire W `rte T G"1 t COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION GOVERNOR'S OFFICE OF GENERAL COUNSEL Donald J. Smith, Assistant Counsel Right of Way Section Supreme Court LD. #50483 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 STATE ROUTE, 0015, SECTION 006 R/W, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL : AND THE TOWNSHIPS OF HAMPDEN AND LOWER ALLEN ADM MILLING COMPANY No. 06-6478 CIVIL TERM Plaintiff 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 CHI OUN. By: Donald J. Smith, q. 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 STATE ROUTE, 0015, SECTION 006 R/W, A LIMITED ACCESS HIGHWAY IN THE BOROUGH OF CAMP HILL : AND THE TOWNSHIPS OF HAMPDEN AND LOWER ALLEN ADM MILLING COMPANY No. 06-6478 CIVIL TERM Plaintiff 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:mnk BY FIRST CLASS MAIL: Michael F. Faherty, Esq. LAVERY FAHERTY YOUNG & PATTERSON, P.C. 225 Market Street P.O. Box 1245 Harrisburg, PA 17108-1245 Respectfully submitted, OFFICE OF CHI OU By: Donald J. Smith Assistant Counse Attorney for the Defendant Dated: March 18, 2009 t Y?4 wow IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER DELAYE, Appellant/Plaintiff V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Appellee/Defendant NO. o6-6478 Civil Term EMINENT DOMAIN PROCEEDING IN REM APPEAL FROM REPORT OF BOARD OF VIEWERS 1. AND NOW, Jennifer Delaye, Condemnee, does hereby appeal from a Report of Board of Viewers with the provisions of the Pennsylvania Eminent Domain Code, 26 P.S. §1-516, as amended, as follows: 1. The Appellant/Condemnee is Jennifer Delaye and the Appellee/Condemnee is the Pennsylvania Department of Transportation. 2. The property description is the Jennifer Delaye/JDK Catering property as recorded at the Cumberland County Recorder of Deeds-Cabinet 3, Drawer 1, Page 178, Sheet 187. 3. This is an appeal from a Report of Board of Viewers filed on or about November 9, 2009. 4. The value o f damages is challenged. The value o f damages should have been measured "immediately after" the taking. In Re: Condemnation by the Commonwealth of Pennsylvania (PECO), 580 A.2d 424 at 428 (Pa. Commw.1990). Accordingly, speculation on cost to cure the property was an improper measure of damages. 5. The determination of the date for delay damages is challenged. Delay compensation is payable to the condemnee from the date of relinquishment of possession rights. Anneal of Jolly, 621 A.2d 1181 (Pa. Commwlth.1993), appeal denied, 636 A.2d 636. Ms. Delaye relinquished possession to the Condemnor via a letter on November 1, 2007. 6. The failure to award $4,000 for appraisal, engineering or attorney fees is challenged. 7. A jury trial is demanded. DATE: Respectfully submitted, Lavery, Faherty, Young & Patterson, P.C. By: ' , Michael F. Faherty, Esquire Atty No. 55860 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Telephone: (717) 233-6633 Facsimile: (717) 233-7003 Email: mfaherty@laverylaw.com Attys for Property Owner, Jennifer Delaye 2 CERTIFICATE OF SERVICE I, Linda S. Wallace, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this 8 day of December, 2009, I served a true and correct copy of the foregoing Appeal from Report of Board of Viewers via U.S. First Class mail, postage prepaid, addressed as follows: Kelly E. Solomon, Esquire Assistant Counsel Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel Real Property Division P.O. Box 8212 Harrisburg, PA 17105-8212 William A. Duncan, Esquire Chairman, Cumberland County Board of View 1 Irvine Row Carlisle, PA 17013 Wallace ; sistant to'Michael F. Faherty, Esquire OF 4%aMl "SueWA&W IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION 006 R/W LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN NOTICE OF FILING OF REPORT OF VIEWERS Mr. Gary R. Sausser 1306 Bosler Place Carlisle, PA 17013 James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Enclosed herein please find report of the Board of View dated til-?e?ti l1 1-10? 2009, concerning the premises owned by Plaintiff-Condemnee situate in Hampden and Lower Allen Townships, Cumberland County, PA. The said report shall be filed in the Office of the Prothonotary of the Court of Common Please for Cumberland County on q, 2E?t? 4j , 2009. The report shall become final unless and appeal therefrom is filed within thirty (30) days (( from the date the report is filed. Board of View U / AqltA ?-a-t? William A. Duncan, Chairman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-6478 CIVIL TERM EMINENT DOMAIN PROCEEDINGS IN REM Board of View Gary ausser, Member -ti? Board o iew J es Sheya, ember Bo View IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION 006 R/W LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-6478 CIVIL TERM EMINENT DOMAIN PROCEEDINGS IN REM 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 March 10, 2008, the Commonwealth of Pennsylvania, Department of Transportation (hereinafter PennDOT) filed a Declaration of Taking at the above referenced Docket Number and By Order of Court appointed William A. Duncan, Esquire, Chairman, James Sheya and Gary Sausser as a Board of Viewers (hereafter Board) to assess delay damages . [See Exhibit "A" attached] 2. The Declaration of Taking effectuated a partial taking of property owned by Jennifer Delaye, Camp Hill, Cumberland County (hereinafter Subject Property). 3. The effective before area of the subject property was 0.123 acres in fee simple title from a parcel totaling 2.120 acres. PennDOT also acquired a temporary construction easement area totaling 0.044 acres. The area of the parcel after the taking is 1.997 acres. The taking consisted of a strip of land along the south side of SR 0581. 4. The parties stipulated that any delay damages to be awarded would accrue from the date of January 22, 2008, as the date from which delay damages may be awarded. 5. On April 2, 2008, Chairman Duncan sent a letter and calendars to Counsel for a date to view the premises. [See Exhibit "B" attached]. 6. On or about April 7, 2008 Chairman Duncan received a letter from Attorney Solomon from PennDOT requesting that the Board delay viewing the premises. [See Exhibit "C" attached]. 7. On or about April 8, 2008 Chairman Duncan received a letter from Attorney Faherty requesting a delay in the Board view of the premises. [See Exhibit "D" attached]. 8. On April 16, 2008, Chairman Duncan sent a letter to Counsel acknowledging both letters from Counsel. [See Exhibit "E" attached]. 9. On October 10, 2008, Chairman Duncan sent a letter inquiring about the status of the Case. [See Exhibit "F" attached]. 10. On or about October 14, 2008, Chairman Duncan received a letter from Counsel requesting a scheduling of a site view for the Board. [See Exhibit "G" attached]. 11. On November 28, 2008, Chairman Duncan sent a Notice scheduling a View for December 9, 2008 in this matter. [See Exhibit "H"]. 12. The Site View occurred on December 9, 2008. 13. On December 11, 2008, Chairman Duncan sent a Notice scheduling a Hearing in this matter for April 7, 2009. [See Exhibit "I" attached]. 14. On or about February 17, 2009, Counsel for PennDOT requested a brief Continuance of the scheduled Hearing due to the unavailability of PennDOT's qualified Valuation Expert. [See Exhibit "J" attached]. 15. On February 25, 2009, Chairman Duncan sent a letter granting a Continuance to PennDOT Counsel. [See Exhibit "K" attached]. 16. On or about March 5, 2009, Counsel for PennDOT sent a letter with available dates for a Hearing. [See Exhibit " L" attached]. 17. On March 11, 2009, Chairman Duncan sent a letter and calendars and requested a date for a Hearing in this matter. [See Exhibit "M" attached]. 18. On March 19, 2009, Chairman Duncan sent a Notice scheduling a Hearing in this matter for June 23, 2009. [See Exhibit "N" attached]. 19. On or about April 29, 2009, Counsel for PennDOT requested a brief Continuance of the scheduled Hearing due to the unavailability of PennDOT's qualified Valuation Expert. [See Exhibit "O" attached]. 20. On or about May 1, 2009, Chairman Duncan received a letter from Attorney Faherty regarding the rescheduling of the Hearing in this matter. [See Exhibit "P" attached]. 21. On or about May 5, 2009, Chairman Duncan received a letter from Attorney Faherty with further information regarding rescheduling of the View in this matter. [See Exhibit "Q" attached]. 22. On May 6, 2009, Chairman Duncan sent a letter with calendars to Counsel and the Board for selection of a date for the Hearing in this matter. [See Exhibit "R"attached]. 23. On May 15, 2009, Chairman Duncan sent a Notice scheduling a Hearing in this matter for August 4, 2009. [See Exhibit "S" attached]. 24. On July 23, 2009, Chairman Duncan sent a Memorandum to Counsel informing them that the Viewers would be performing an informal re-visitation of the site prior to the Hearing scheduled for August 4, 2009. [See Exhibit "T" attached]. 25. The Hearing in this matter took place on August 4, 2009. THE TAKING PennDOT filed a Declaration of Taking in this matter on November 7, 2006, acquiring 0.123 acres in fee simple title from a parcel totaling 2.120 acres. PennDOT also acquired a temporary construction easement area totaling 0.044 acres. The area of the parcel after the taking is 1.997 acres. The taking consisted of a strip of land along the south side of SR 0581. There were no building improvements within the required area; however, there were approximately 15 paved, lined parking spaces within the area of the take. Access to the subject is off a private road known as Spangler Road via a 25 foot easement granted by Atlas Roofing Corporation; none of the access roads were in the area of the take. The purpose of the take was for the improvement of SR 0581. PennDOT offered the date it gave notice to proceed to its contractor, January 22, 2008, as the date from which delay damages may be awarded. Since the project cannot occur without the contractor taking physical possession of the required area, and since the contractor will not do so until formally directed by PennDOT, possession can be deemed taken by PennDOT only sometime after notice to proceed is given. Consequently, despite the fact that a clear case could be made that the date is actually later, January 22, 2008, is the proper date from which to award delay compensation. CONDEMNEE' S CASE George Clauser testified to a before value in the amount of $1.41 million and an after value of $918,000.00 for damages in the amount of $492,000.00. Mr. Clauser opined that PennDOT's taking of the 15 parking spaces reduced the subject property's highest and best use in the after resulting in significant damages. DEFLATED AFTER VALUE Mr. Clauser's apprisal analysis of the after value of the subject property is undermined by the testimony before the Board. THE CONDEMNOR'S CASE Because Appraiser Walters considered engineering data in his analysis, he came to the correct conclusion that the highest and best use of the subject property did not change following the condemnation when the adjustment to the lost parking lot is taken into consideration. Accordingly, he concluded that just compensation in this case is properly set at $120,000.00 CONCLUSION The Condemnor failed to present adequate, compelling or credible testimony to persuade the Board of Viewers that $120,000.00 plus delay damages from January 22, 2008 was not the proper compensation, therefore the Board awards the sum of $120,000.00 plus delay damages from January 22, 2008 in favor of Comdemnee. As set forth in the Procedural Statement, the Viewers executed their duties by Views and Hearings. The Board is submitting it's Bill of Costs as the duties of the Board have been discharged. Respectfully Submitted: Date: By: t William A. Duncan, Esquire Chairman, Board of View BILL OF COSTS The Board of View having performed duties related to its appointment prior to said decision. An invoice and Bill of Cost is hereby submitted to the Court. William A. Duncan, Chairman 7 days @ $ 375.00 $ 2,625.00 Postage Certified 4 x $ 5.21 20.84 Postage Certified 14 x $ 5.32 74.48 Postage Certified 4 x $ 5.54 22.16 Postage First Class 30 x $ .44 13.20 Subtotal $ 2,955.12 James Sheya, Viewer 4 days @ $250.00 $ 1,000.00 Mileage 120 x .50 per mile 60.00 Subtotal $ 1,060.00 Gary Sausser, Viewer 4 days @ $ 250.00 $ 1,000.00 Subtotal $ 1,000.00 TOTAL COST OF VIEWERS $ 5,015.12 r C Date; 1119 Willi A. Duncan, Chairman Date: q 0 - r-- James ey iewer Date: l C a Gary Sa , Viewer 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 R/ W, LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN NO. 06-6478 Civil Term EMINENT DOMAIN PROCEEDING IN REM ORDER AND NOW, this _ f D day of . 2008, Petition for Appointment of Viewers is granted. The Court appoints to jQt4,w as a Board of View. Said Board of View shall hold its first meeting as required by the Acts of Assembly and Rules of Court in such case made and provided, and after evidence is given and report filed, give due notice of the filing of the report, as required by law, the cost thereof to be taxed as part of the cost of said proceeding, and do further direct that said Board of View shall report to this Court in accordance with existing laws and rules of Court. 02 3 10 BY THE COURT: Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 William A. Duncan Susan J. Hartman April 2, 2008 (717) 249-7780 FAX (717) 249-7800 dhlaw@pa.net Christopher J. Clements, Esq. Assistant Counsel in Charge, R/W PennDOT Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212. RE: Eminent Domain Proceeding in REM For Board of View to View Premises No. 06-6478 Civil Term Dear Attorney Clements: We would like to schedule a View in May or June. The Viewers prefer dates on either Tuesdays or Thursdays, preferably during the morning. Please mark dates on the enclosed calendars that you would not be available for the View and return it to my office via mail or fax. If we cannot arrive at an acceptable date for the View, we will choose a date convenient to the Board. As always, we are seeking to discharge our duties in a timely fashion, so be prepared for a Hearing within a short period of time after the View. Thank you for your cooperation. Yours truly, DUNCAN & HARTMAN, P.C. William A. Duncan, Esq. WAD/jda CC: James Sheya Gary Sausser David Reynolds 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 April 7, 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. 06-6478-Civil, Cumberland County Jennifer Delaye Dear Chairman Duncan: I am in receipt of your letter dated April 2, 2008, in which you request dates for which the Commonwealth is unavailable to attend a view in this case. I have indicated my lack of availability on the enclosed sheets. Please be advised that while the Commonwealth will be available to attend a view in either May or June, it will be unable to conduct a hearing until it has an updated, approved appraisal report. Because of the public procurement requirements that the Commonwealth is obligated to follow to obtain the services of a qualified valuation expert as well as our internal review and approval process, it will likely be several months before the Commonwealth receives an updated, approved appraisal report. Given that reality, the Board may prefer to delay holding the view until the Commonwealth is in a position to proceed to a hearing more closely in time to the view. Of course, the Commonwealth will defer to the preference of the Board. Also, I am enclosing a copy of my Praecipe of Appearance filed with the Prothonotary in this case. Please direct all future correspondence to my attention at the above listed address. COMMONWEALTH KEYSTONE BUILDING • 9r" FLOOR-400 NORTH STREET • HARRISBURG, PA 17120-0096 225 Market Street Suite 304 - P.O, Box 1245 Harrisburg, PA 17108 - 1245 (717) 233 - 6633 Fax. (717) 233 - 7003 e-mail: attys@laverylow.com www.lavervlaw.com April 8, 2008 William Duncan, Esquire Chairperson, Board of View Duncan & Hartman, P.C. 1 Irvine Row Carlisle, PA 17013 RE: Delaye, Tennifer v. PennDOT Our File No: 4000-003273 Dear Mr. Duncan: Thank you for your April 2, 2008 letter inquiring about the scheduling of a Board of View. Unfortunately, I need to advise you that the parties are not yet ready to proceed. My appraisal work is being completed. PennDOT counsel, Attorney Kelly E. Solomon, has advised me that he is seeking an updated appraisal and he would need some months before he is prepared to proceed. By copy of this letter to Attorney Solomon, I ask that he advise us when he is prepared to go forward. Your consideration in the matter is appreciated. Very truly yours, Michael F. Faherty MFF/ lmh cc: Kelly E. Solomon, Esquire Jennifer Delaye Drew Miller A T T O R N E Y S- A T- L A W Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 William A. Duncan Susan J. Hartman Kelly E. Solomon, Esq. PennDOT Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 April 16, 2008 Michael F. Faherty, Esq. Lavery, Faherty, Young & Patterson, PC 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 RE: Eminent Domain Proceeding in REM For Board of View to View Premises Delaye, Jennifer v. PennDOT No. 06-6478 Civil Term Dear Counsel: r (717) 249-7780 FAX (717) 249-7800 dhdlaw@planetcable.net We are in receipt of your respective letters of April 7th and April 8th (a copy of both letters is enclosed). Please contact me when you are ready to have the View of the premises scheduled. Thank you for your cooperation in this matter. Yours truly, DUNCAN & HARTMAN, P.C. William A. Duncan, Esq. WAD/jda Enclosures CC: James Sheya Gary Sausser David Reynolds Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 William A. Duncan Susan J. Hartman October 10, 2008 Kelly E. Solomon, Esq. PennDOT Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 Michael F. Faherty, Esq. Lavery, Faherty, Young & Patterson, PC 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 RE: Eminent Domain Proceeding in REM For Board of View to View Premises Delaye, Jennifer v. PennDOT No. 06-6478 Civil Term Dear Counsel: We are requesting a status report on the above captioned case. (717) 249-7780 FAX (717) 249-7800 dhlaw@pa_net Please contact me when you are ready to have the View of the premises scheduled. A Hearing would be scheduled to follow the View. Thank you for your cooperation in this matter. Yours truly, DUNCAN & HARTMAN, P.C. William A. Duncan, Esq. WAD/jda Enclosures CC: James Sheya Gary Sausser David Reynolds 225 MCJ1-,,: William Duncan, Esquire Chairperson, Board of View Duncan & Hartman, P.C. 1 Irvine Row Carlisle, PA 17013 October 14, 2008 RE: Delaye, Tennifer v. PennDOT Our File No: 4000-003273 Dear Mr. Duncan: Harrisb?.irg, PH 1 % i (717) , Fax. (717' e-mail attys@4aver,, h'-'r,%.. www]aver,','Ii n/: Suite 304 . F,. I write as counsel for the property owner to request the scheduling of the site view and Board of View hearing. The parties are finalizing appraisal work. I have conferred with PennDOT counsel, Attorney Kelly E. Solomon. We have agreed with the request for the scheduling for late November or early December. My only conflict at this point is for the date of December 4. Your consideration is appreciated. Very truly yours, Michael F. Faherty MFF/jrl cc: Kelly E. Soloriion Drew Miller " A T- L A W IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION 006 R/W LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-6478 CIVIL TERM : EMINENT DOMAIN PROCEEDINGS : IN REM NOTICE OF VIEW TO: Mr. Kelly E. Solomon, Esq. PennDOT Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 Mr. Gary R. Sausser 1306 Bosler Place Carlisle, PA 17013 David Reynolds PennDot R/W Administrator Engineering District 8-0 2140 Herr Street Harrisburg, PA 17103-1699 Michael F. Faherty, Esq. Lavery, Faherty, Young & Patterson, PC 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 Mr. James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 William A. Duncan, Esq. Duncan & Hartman, PC 1 Irvine Row 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 Gary Sausser, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet at the premises on December 91', 2008, 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. Date: 10128/2008 By: William A. Duncan, Esquire Chairman, Board of View WADrda IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION 006 R/W LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN IN THE COURT OF COM CUMBERLAND COUNT`" : NO. 06-6478 CIVIL T- : EMINENT DOMAIN PRC : IN REM NOTICE OF HEARING TO: Mr. Kelly E. Solomon, Esq. PennDOT Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 David Reynolds PennDot R/W Administrator Engineering District 8-0 2140 Herr Street Harrisburg, PA 17103-1699 Michael F. Faherty, Esq. Lavery, Faherty, Young & Patterson, PC 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 Mr. Gary R. Sausser 1306 Bosler Place Carlisle, PA 17013 Mr. James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 Prothonotary's Office Cumberland County Cc One Courthouse Squar Carlisle, PA 17013 William A. Duncan 1 Irvine Row 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 Gary Sausser, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet in the Second Floor Hearing Room of the Old Cumberland County Courthouse on April 7, 2009, 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: 2008 By: gak William A. Duncan, Esquire Chairman, Board of View WADrJda h- r COMMONWEALTH OF PENNSYLVANIA GOVERNOR'S OFFICE OF GENERAL COUNSEL February 17, 2009 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 Townships of Hampden and Lower Allen No. 06-6478-Civil. Cumberland County Jennifer Delaye Claim No.. 2100242000 Dear Chairman Duncan: I am writing to request a brief delay in the hearing currently scheduled for April 7, 2009, in this matter. The Commonwealth has procured certain engineering studies of the subject property. However, I discovered today that the Commonwealth cannot engage with its appraiser, Jeff Walters, to have him consider the engineering studies because of a state-wide administrative procurement issue. Personnel with PennDOT Engineering District 8-0 have advised me that they anticipate PennDOT's Comptroller's Office approving a new purchase order for Mr. Walters by the end of February. Therefore, the Commonwealth respectfully requests a 30-day continuance. This should provide the Commonwealth adequate time to be fully prepared to present the valuation evidence it is required to present under the Eminent Domain Code. Thank you for considering this request. Very truly yours, OFF/ O CHI O SEL By: f elly Edward Solomon Assistant Counsel cc: William Cressler, Assistant Chief Counsel, Real Property Division Christopher Clements, Assistant Counsel in Charge, Right of Way Section David Reynolds, Right of Way Administrator, District 8-0 Michael Faherty, Esq. File A ??? OFFICE OF CHIEF COUNSEL I REAL PROPERTY DIVISK Deliveries: 4oo NORTH S Ph: 717 17105-8212 1712o-oo96 .state.oa.us pennsytvania DEPARTMENT OF TRANSPORTATION Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 William A. Duncan Susan J. Hartman February 25, 2009 Mr. Kelly E. Solomon, Esq. PennDOT Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 RE: Eminent Domain Proceeding in REM For Board of View to View Premises No. 06-6478 Civil Term Dear Kelly: (717) 249-7780 FAX (717) 249-7800 dhlaw@pa.net We received your letter dated February 17, 2009 and understand your situation. Your request for continuance is granted and the Hearing will be convened after further scheduling at a date that works for all involved. Please provide us with a realistic timetable so that we can accomplish our mission. Thank you for your continued cooperation. Yours truly, DUNCAN & HARTMAN, P.C. William A. Duncan, Esq. WAD/jda Enclosure CC: Michael Faherty James Sheya Gary Sausser David Reynolds ZIA, COMMONWEALTH OF PENNSYLVANIA GOVERNOR'S OFFICE OF GENERAL COUNSEL March 5, 2009 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 Townships of Hampden and Lower Allen No. 06-6478-Civil, Cumberland County Jennifer Delaye Claim No.: 2100242000 Dear Chairman Duncan: Thank you for the Board's understanding regarding the Commonwealth's request for a continuance in this matter. Given the Board's preference to hold a hearing on a Tuesday or Thursday, the Commonwealth respectfully suggests the following dates for a hearing in this matter: --May 12 --June 9 --May 28 --June 16 and 18 --June 2 --June 23 and 25 The Commonwealth's preference for a hearing day would be a Tuesday but understands that the Board is trying to accommodate numerous schedules. Please feel free to contact me if none of the above referenced dates are agreeable to the Board or to the condemnee. Thank you for your understanding in this matter. By: cc: Very tryly yours, OF CHIE UNSE Kelly Edward Solomon Assistant Counsel William Cressler, Assistant Chief Counsel, Real Property Division Christopher Clements, Assistant Counsel in Charge, Right of Way Section David Reynolds, Right of Way Administrator, District 8-0 Michael Faherty, Esq. File OFFICE OF CHIEF COUNSEL I REAL PROPERTY Deliveries: 4oo NC PA t2o pennsylvania PA 17uo-oo96 96 dot.state.pa.us DEPARTMENT OF TRANSPORTATION Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 William A. Duncan Susan J. Hartman Mr. Kelly E. Solomon, Esq. PennDOT Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 (717) 249-7780 FAX (717) 249-7800 dhlaw@pa.net Michael F. Faherty, Esq. Lavery, Faherty, Young & Patterson, PC 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 RE: Eminent Domain Proceeding in REM For Board of View to View Premises No. 06-6478 Civil Term Dear Board of View Members: June. We would like to schedule a Hearing for the above captioned case in May or Please mark dates on the enclosed calendars that you would not be available for the Hearing and return it to my office via mail or fax. Thank you for your cooperation. Yours truly, DUNCAN & HARTMAN, P.C. ryry i y ? +'? r William A. Duncan, Esq. WAD/jda CC: James Sheya Gary Sausser David Reynolds March 11, 2009 IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION 006 R/W LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-6478 CIVIL TERM : EMINENT DOMAIN PROCEEDINGS IN REM NOTICE OF HEARING TO: Mr. Kelly E. Solomon, Esq. PennDOT Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 David Reynolds PennDot RAN Administrator Engineering District 8-0 2140 Herr Street Harrisburg, PA 17103-1699 Michael F. Faherty, Esq. Lavery, Faherty, Young & Patterson, PC 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 Mr. Gary R. Sausser 1306 Bosler Place Carlisle, PA 17013 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 William A. Duncan 1 Irvine Row Carlisle, PA 17013 Mr. James P. Sheya 433 Mooreland Avenue 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 Gary Sausser, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet in the Second Floor Hearing Room of the Old Cumberland County Courthouse on June 23, 2009, 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 G?11 , 2009 By: William A. Duncan, Esquire Chairman, Board of View WADrda COMMONWEALTH OF PENNSYLVANIA GOVERNOR'S OFFICE OF GENERAL COUNSEL April 29, 2009 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 Townships of Hampden and Lower Allen No. 06-6478-Civil, Cumberland Countv Jennifer Delaye Claim No.: 2100242000 Dear Chairman Duncan: 1 am writing to request a brief delay in the hearing currently scheduled for June 23, 2009, in this matter. The Commonwealth has just learned that its appraiser, Jeff Walters, has an unavoidable, personal conflict that week and is unable to attend the scheduled hearing. The Commonwealth respectfully requests that the Board solicit the parties for a date that is mutually agreeable to all concerned. Thank you in advance for the Board's and opposing counsel's continued cooperation regarding the Commonwealth's scheduling challenges. Very truly yours, OFF/ E?F CHIEF NEL By: ' - elly Edward Solomon Assistant Counsel cc William Cressler, Assistant Chief Counsel, Real Property Division Christopher Clements, Assistant Counsel in Charge, Right of Way Section David Reynolds, Right of Way Administrator, District 8-0 Michael Faherty, Esq. File OFFICE OF CHIEF COUNSEL I REAL PROPERTY DIVISION I P.O. BOX 82121 HARRISBURG, PA 171oS-8212 Deliveries: 4oo NORTH STREET - 9`11. FLOOR I HARRISBURG, PA i712o-oo96 Ph: 717.787.3128 1 Fax: 717.772.27411 www.dot.state.pa.us pennsylvania DEPARTMENT OF TRANSPORTATION 2 , I lark et Sttri=_rt t131r il:j P.O. Eo I245 Hartls?,ua x: PA 171.08 -.124` 7 a.:i717 123 -7" C...inall: r i?'aheit".rt'la5,erylaiy-rurn xarr,??rni .1 a) erg"1 Fill-s 0rft May 1, 2009 (Via Email Only dhlaw@pa.net) William Duncan, Esquire Chairperson, Board of View Duncan & Hartman, P.C. 1 Irvine Row Carlisle, PA 17013 RE: Dela e Jennifer v. PennDOT Our File No: 4000-003273 Court/Docket No: 2100242000 Dear Mr. Duncan: I write concerning the potential rescheduling of the Board of View hearing. You will recall we conducted the view and rescheduled the hearing to June 23, 2009 per a PennDOT request. Attorney Kelly Solomon on behalf of PennDOT called me and advised me that he is again requesting a continuance. He should soon have his request to you, if you do not have that already. You will recall that we have had delay based on the PennDOT requests. My client is most anxious to conclude the matter. The delay is particularly harmful to my client's business. Accordingly, I spoke with Kelly about alternative dates. I explored the possibility of moving the matter prior to the hearing date, but that does not appear to be workable. I have gone ahead and checked with my side and with Kelly's schedule. That grouping would be available on June 30, July 7, 8, 9, or 10. As of April 30, Kelly was checking with his expert and client on availability. I expect that we will hear from him soon. I respectfully request everyone's cooperation in attempting to have the matter proceed to the hearing at the first available date. Your consideration of the matter is much appreciated. Very truly yours, ;*W~ F. PA" Michael F. Faherty MFFlcar cc: Kelly E. Solomon, Esquire Jennifer Delaye Drew Miller 225 Market Street Suite 304 - P.O. Box 1245 Harri.sbu M PA.1 7108 -1245 - (717) 23'3 -6639 Fax: (717) 233 - M03 e-mail: mfahertyOlaverylsawtom 'W wws.laveryi aw'C orn May 5, 2009 Via Email Qdj dhlawftnet William Duncan, Esquire Chairperson, Board of View Duncan & Hartman, P.C. 1 Irvine Row Carlisle, PA 17013 RE: Delaye, Teru*er v. PennDOT Our File No: 4000-003273 Date of Loss: Bureau Claim No: 2100242000 Dear Bill- I write with further information concerning rescheduling. Kelly Solomon of PeMDOT requests rescheduling of the June 23, 2009 hearing. The parties quickly checked schedules and identified June 30, 2009 as a potential date. Unfortunately, I now recognize that date is not good for my side. The next available date for my side would be July 14, July 28 or thereafter with the exception of July 31, 2009. By copy of this email to Kelly, I ask if he could again check with his side on his availability and advise you. I appreciate the cooperation in the prompt rescheduling efforts. Very truly yours, ' Michael F. Faherty MFF/ Isw cc: Kelly E. Solomon, Esquire (via email only, ksolomonOWaie.pa.us) Jennifer Delaye (ma email only) Drew Miller (via email only) Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 William A. Duncan Susan J. Hartman Mr. Kelly E. Solomon, Esq. PennDOT Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 (717) 249-7780 FAX (717) 249-7800 dhlaw@pa.net Michael F. Faherty, Esq. Lavery, Faherty, Young & Patterson, PC 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 RE: Eminent Domain Proceeding in REM For Board of View to View Premises No. 06-6478 Civil Term Dear Board of View Members: Please see the enclosed letter from Attorney Solomon requesting a new Hearing date for the above captioned case. We would like to schedule a Hearing in August or September. Please mark dates on the enclosed calendars that you would not be available for the Hearing and return it to my office via mail or fax. Thank you for your cooperation. WADfjda CC: James Sheya Gary Sausser David Reynolds May 6, 2009 Yours truly, DUNCAN & HARTMAN, P.C. William A. Duncan, Esq. "Opy IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION 006 R/W LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-6478 CIVIL TERM EMINENT DOMAIN PROCEEDINGS : IN REM NOTICE OF HEARING TO: Mr. Kelly E. Solomon, Esq. PennDOT Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 David Reynolds PennDot R/W Administrator Engineering District 8-0 2140 Herr Street Harrisburg, PA 17103-1699 Michael F. Faherty, Esq. Lavery, Faherty, Young & Patterson, PC 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 Mr. Gary R. Sausser 1306 Bosler Place 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 William A. Duncan 1 Irvine Row 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 Gary Sausser, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet in the Second Floor Hearing Room of the Old Cumberland County Courthouse on August 4, 2009, 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: 2009 By: William A. Duncan, Esquire Chairman, Board of View WAD/jda IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION 006 R/W LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6478 CIVIL TERM : EMINENT DOMAIN PROCEEDINGS : IN REM MEMORANDUM TO: Mr. Kelly E. Solomon, Esq. PennDOT Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 David Reynolds PennDot RNV Administrator Engineering District 8-0 2140 Herr Street Harrisburg, PA 17103-1699 Michael F. Faherty, Esq. Lavery, Faherty, Young & Patterson, PC 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 Mr. Gary R. Sausser 1306 Bosler Place Carlisle, PA 17013 Mr. James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 This Memorandum is for informational purposes only to inform Counsel for PennDOT and Condemnee's Counsel that the Board of View will be revisiting the site on Monday, July 27, 2009 at 9:30 A.M. prior to the Hearing scheduled for August 4, 2009 at 9:30 A.M. It is not necessary for Counsel from PennDOT and also Counsel for Condemnee to be present. r "' i w .. _ S i . '..? ^? .4 , ?. f ? ? 5 • ` L??' T4i ?L'???_ BILL OF COSTS The Board of View having performed duties related to its appointment prior to said decision. An invoice and Bill of Cost is hereby submitted to the Court. William A. Duncan, Chairman 7 days @ $ 375.00 $ 2,625.00 Postage Certified 4 x $ 5.21 20.84 Postage Certified 14 x $ 5.32 74.48 Postage Certified 4 x $ 5.54 22.16 Postage First Class 30 x $ .44 13.20 Subtotal $ 2,955.12 James Sheya, Viewer 4 days @ $250.00 $ 1,000.00 Mileage 120 x.50 per mile 60.00 Subtotal $ 1,060.00 Gary Sausser, Viewer 4 days @ $ 250.00 $ 1.000.00 Subtotal $ 1,000.00 TOTAL COST OF VIEWERS $ 5,015.12 Date: Date: A Date: l a Willi A. Duncan, Chairman n James eya, sewer arc= ., S' ? N ?L L - AM A -1-A A Gary Saus( , Viewer (Yl ? ??i?F 9^ 4k- IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR STATE ROUTE 0015, SECTION 006 R/W LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND TOWNSHIPS OF HAMPDEN AND LOWER ALLEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6478 CIVIL TERM EMINENT DOMAIN PROCEEDINGS IN REM ORDER OF COURT AND NOW, this ` 1% day of t,0- / , 2009, after consideration of the attached Report of Viewers, the Board of View is hereby vacated and the Bill of Costs attached to its Report is ordered to be paid. O oy/L-ID 'PLEB r, 11r` 1 1f r ? " ;r s ?. y 2009 DEC I I PM 4, 00 cu PLN aYLVnN'V`k ?. OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE CARLISLE PA APRIL 16, 2010 100-151210-601900 TO: COUNTY OF CUMBERLAND NO 06-6478 CIVIL TERM PENNSYLVANIA COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION VS CAMP HILL BOROUGH, HAMPDEN TOWNSHIP, LOWER ALLEN TOWNSHIP DUNCAN & HARTMAN $375.00 per day WILLIAM A DUNCAN CHAIRMAN INCLUDES POSTAGE AND MILEAGE One Irvine Row ?o$ y L Carlisle, PA 17013 $ 2,625.00 $ 2,955.12 Gary Sausser. Viewer 1306 Bosler Place 2,,63 3 Carlisle, PA 17013 James Sheya, Viewer INCLUDES MILEAGE 7 ? Q 4 433 Mooreland Avenue Carlisle, PA 17013 TOTAL COST OF VIEWERS $ 1,000.00 $ 1,060.00 g?? ??o oo $ 5,015.12 ??, ADM MILLING COMPANY, Plaintiff v. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.06-6478 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM NOTICE OF FILING OF REPORT OF VIEWERS Donald J. Smith, Esq. Mr. R. Gary Sausser c ~ ~' Assistant Counsel, RNV Section 1306 Bosler Place ~ ~ c' -' PennDOT -Office of Chief Counsel Carlisle, PA 17013 ~ ~., ~ .~ 3,, P.O. BOx 8212 Va ± ~~ ~ ~~' ~_=~ ~ ~~ , Harrisburg, PA 17105-8212 ~ ~~ -! ~ ~' ~ ~, Michael F. Faherty, Esq. Mr. James P. Sheya =~~> Lavery, Faherty, Young 8~ Patterson, PC 433 Mooreland Avenue ~'' ~ ~:. z 225 Market Street, Suite 304 Carlisle, PA 17013 - , -- =< Harrisburg, PA 17108-1245 David Reynolds PennDot RNV Administrator Engineering District 8-0 2140 Herr Street Harrisburg, PA 17103-1699 William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Prothonotary Office Cumberland County Courthouse Carlisle, PA 17013 Enclosed herein please find report of the Board of View dated i Q ~d ~ , 2010, concerning the determination the granting of damages in Cumberland County pursuant to the Pennsylvania Eminent Domain Code. The report shall be filed in the Office of the Prothonotary of the Court of Common Pleas for Cumberland County on 2010. The report shall become final unless an appeal therefrom is filed within thirty (30) days from the date of the report is filed. Board of View, William A. Duncan, Chairman ~~ Board of View ADM MILLING COMPANY, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.06-6478 CIVIL TERM PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, EMINENT DOMAIN PROCEEDING Defendant IN REM REPORT OF Cfl[~~IRMAN OF VIEWERS ~ ~ -~ o_ TO THE HONORABLE. THE JUDGES OF SAID COURT: ~.'-` ~ ~ r~ ~ ~ `iy rn The undersigned Chairman of Viewers respectively reports: ~ ~ ~_ ~ ~; ~ .~~~ ~-~, PROCEDURAL HISTORY OF THE VIEWERS ~ ~ ~ ~ , ~, c.r 1. By Order of Court of October 8, 2009, the Court appointed William Ac~ulf~an,.~ Esq., Chairman, James Sheya and R. Gary Sausser as a Board of Viewers to determine damages pursuant to the Pennsylvania Eminent Domain Code, 26 C.S.A. Section 502. See Exhibit "A" attached. 2. On October 26, 2009, a letter and calendars to set up a View were sent to counsel and members of the Board of View. See Exhibit "B" attached. 3. On March 25, 2010, a letter and calendars to set up a View were sent to counsel and members of the Board of View. See Exhibit "C" attached. 4. On April 19, 2010, a Notice of View was provided to counsel and members of the Board of View scheduling a site view of the property for May 18, 2010. See Exhibit "D" attached. 5. On May 19, 2010, a Notice of Hearing was provided to counsel and members of the Board of View scheduling a Hearing for July 8, 2010. See Exhibit "E" attached. 6. On July 8, 2010, a Notice of Hearing was provided to counsel and members of the Board of View scheduling a Hearing for July 21, 2010. See Exhibit "F" attached. 7. On September 13, 2010, the Viewers viewed the property again. ADM MILLING COMPANY, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.06-6478 CIVIL TERM PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, EMINENT DOMAIN PROCEEDING Defendant IN REM I. HISTORY OF THE CASE AS TO THE TAKING: 1. On November 7, 2006, Commonwealth of Pennsylvania, Department of Transportation (hereinafter "PennDOT") filed a Declaration of Taking at the above- referenced docket number. An Order of Court appointed William A. Duncan, Esquire, Chairman, James Sheya and Gary Sausser as Board of Viewers (hereinafter "Board") to assess damages. 2. The taking effectuated partial taking of property owned by ADM Milling, Camp Hill, Cumberland County (hereinafter "Subject Property"). 3. The before area was 12.825 acres. The Condemnation took 1.582 acres. The after acres were 11.243 (Stipulations, Exhibit J-2). 4. Possession was obtained on January 22, 2008 when a Notice to Proceed was given to the Department's contractor (Stipulations, Exhibit J-2). 5. On or about January 29, 2007, PennDOT paid just compensation of $101,000.00 plus pro rata taxes of $876.14 for a total of $101,876.14 (Stipulations, Exhibit J-2). 6. PennDOT revised estimated just compensation to $140,000, making an additional payment of $39,000.00 on or about December 4, 2009. (Stipulations, Exhibit J-2). 1 7. Delay damages apply. (Stipulation, Exhibit J-2). 8. PennDOT will pay $4,000.00 in professional fees pursuant to Section 710 of the eminent Domain Code upon receipt of billing records, paid invoices and/or acceptable evidence of services rendered which are reimbursable pursuant to Section 710, 26 Pa. C.S.A. § 710. 9. A site review was conducted on May 18, 2010 and another on September 13, 2010. 10. Board of Viewers hearings were held on July 8, 2010 and July 21, 2010. 11. The Plaintiff/Condemnor presented the testimony of Plant Operations Manager Drew Stewart and Appraiser George C. Clouser. 12. PennDOT presented the testimony of Appraiser Jeffrey L. Walters. II. SUMMARY OF ADM'S CASE: TESTIMONY OF DREW STEWART 13. Drew Stewart testified to being the Plant Operations Manager with responsibility for all operations of the plant. (P.27, 1. 3-7) He has bee the Plant Operations Manager at the ADM facility for 7 years. (p. 27, 1. 13-16). 14. Prior to the taking, he had engaged in discussions of expanding the plant but, he alleges that expansion could not take place in the situation after the Taking because of the lack of vegetative ground cover. (p. 28, 1. 11-p. 30, 1. 16). 15. The area taken was entirely used for vegetative ground cover before the taking. ADM had invested $44,947,000.18 in the property. (p. 37, 1. 3-7). 16. If ADM needed to replace vegetative ground cover after the Taking, ADM 2 could do so via iwo possibil'fies. The first is an area between two railroad tracks that would require removal of a building currently used for part storage. The second possibility would be proceeding 360 feet coming straight in on Spangler Road to an area around where parking is now used, removing what amounts to basically one- quarter to one-third of the trailer parking area. (p. 41, 1. 14 - p. 42, 1.4). 17. However, it is unknown if replacement of vegetative ground cover would be required by Camp Hili Borough until an actual Plan submitted to alter existing conditions were submitted.. 18. The zoning impact could have an impact on potential use of the plant and the loss of efficiencies in either parking or the storage areas. (p. 49, 1.24-25). 19. Mr. Stewart provided an estimate of the impact of zoning as roughly 6%, with an explanation of: I estimate that if we would have to incur additional costs to pay our trucking company while they are small in nature they're continuous for basically forever. If you're paying 30 minutes of delay time on each load coming in, yes, maybe that's only $10 but it's a $10, 25 times a day, 365 days a year. So in a rough estimate - - -and if someone coming in to value the property, which I have had experience doing, not in the United States but in Caribbean countries, when ADM purchased several flour mills there, you look at the parking, the staging, how things flow, the ease of flow and this would make things - - -losing those area, those staging areas and the storage areas would make things more difficult. (p. 53, 1. 6-19). 20. Mr. Stewart's six percent (6%) estimate was of depreciated value of the land and buildings which is roughly based on the $10 million dollar figure in Mr. Clauser's report. (p. 57, 1.16-21). Mr. Stewart's estimate of the zoning impact is thus calculated at $10,000,000 x .06 = $600,000.00. 3 21. Mr. Stewart described changed access from direct access off of Route 15 northbound and direct easy access off Route 15 southbound to the after situation of sending trucks down to Gettysburg Road, through three stop lights to access Route 15 north or southbound with sending trucks into traffic and school traffic. (p. 60, 1.23 - p. 61, 1.4). 22. Mr. Stewart concurred with the access analysis as contained in Mr. Clauser's report. (p.65, 1. 19-23). 23. In the after situation, the access to Route 15 would change and would be a problem in Stewart's opinion. 24. PennDOT stipulated to Mr. Clouser's qualifications as an appraisal expert. (p. 8, 1. 1-3). 25. Mr. Clouser offered the opinion of a before value of $10,000,000.00 and an after value of $8,280,000.00 and damages of $1,720,000.00. (p. 89, 1. 1-9). 26. Mr. Clouser mainly used a cost approach. (p. 89, 1. 19-20). 27. He made a 12% adjustment to the depreciated value based upon the influence of altered access and zoning impacts. (p. 89, 1.21 - p. 90, 1.6). 28. Mr. Clouser depreciated the $44,000,000.00 investment to $28,000,000.00. (p. 91, 1. 1-8). 29. Mr. Clouser discussed zoning with the Camp Hill Zoning Officer Jonathan Reisinger. (p. 91, 1. 17-19). 30. He reviewed the zoning law and measured distances of travel. (p. 92, 4 1.7-12). 31. Mr. Clouser provided a detailed appraiser report which was admitted as Exhibit P-2 and supplemented with a P-2 attachment. The attachment provided a verified breakdown of the damages: ADM CLAIM Land Alten~d Acxess Zoning Impact TOTAL PROPERTY DAMAGES PER ADM $ 280,000.00 $ 1,200,000.00 $ 240,000.00 $ 1.720.000.00 TESTIMONY OF JEFFREY L WALTERS• FOR APPRAISER TO PENNDOTI 32. Mr. Walters though the before and after situations had the same highest and best use, industrial site. (p. 45, 1. 11-12). 33. Mr. Walters thought industrial land was worth $90,000.00 to $130,000.00 per acre. (p. 46). 34. The before situation had immediate access to Route 581 through Route 35. Mr. Walters agreed with the George Clouser analysis that the after situation required vegetative ground cover of 1.69 acres. (p. 57, 1. 16-20). 36. Mr. Walters acknowledged that all of the taking was vegetative ground cover. (p. 59, 1. 10-16). 37. Mr. Walters acknowledged that in the after situation, a prudent purchaser would look at whether or not the property complied with zoning law on vegetative 5 ground cover. (p. 69, 1. 17-21). 38. Mr. Walters acknowledged that if the zoning impact required an acre of land to be converted to green space, that it would be not unfair to assign a value of $90,000.00 to that acre, consistent with his testimony of the value of the land of $90,000.00 per acre. (p. 77, 1. 16 - p. 78, 1.5). ~ ZONING IMPACT: 6240,000.00 39. The taking took the property out of compliance with the vegetative ground cover requirement and made the property non-compliant with the zoning. (p. 138, 1. 20- 23). 40. Mr. Clouser stated a prudent purchaser of would take into account the reduced size of the entire parcel. 41. In the after situation, if a cost to cure was effectuated, the property could then be used for the same nature of use, food production, but a less intensive use. (duly 21, 2010 Trpt., p. 37, 1.11-21). Zoning law controls highest and best use. The Camp Hiil Zoning Ordinance is explicit. The requirement of vegetative ground cover is reviewed on Page 29 of the George Clouser report. The taking brought the property out of compliance with the vegetative ground coverage requirement. This is particularly relevant in that this section of the zoning ordinance, as referenced in Note d, describes specifically the vegetative ground cover requirement as a requirement which "may not be overturned by special exception". The language of ordinance reflects the intent of the municipality to attempt 6 to enforce that provision. ,~ DIRECT DAMAGES FOR LOST LAND: $280,000.00 The cak;ulation of the lost land flows from the analysis of the taken land. George Clouser's analysis: $280,000. The before value was 12.825 acres at $105,000.00 per acre, for $1,346,625.00 rounded to $1,350,000.00. The after value land is reflected on Page 53 of his report, was 11.243 acres times $95,000,000.00 per acre, equals $1,068,085.00 rounded to $1,070,000.00. This results in the land damages of $280,000.00. C ACCESS DAMAGES: a. CLOUSER FIGURE $1,200,000.00 46. He explained that Spangler Road was the only road that provided access out to a public road. (p. 97, 1.20-22). 47. The after situation, required use of alternate routes which were longer than the pre-taking access roads. PENNDOT RESPONSE ACCESS DAMAGES B. Damages for Altered Traffic Patterns Resulting in a Circuity of Access of Less Than One Mlle are Noncompensable The Supreme Court has indicated that "[our] cases are legion that, whether the result of a condemnor's actions is to compel the allegedly affected property owner to travel a short distance farther to reach the system of streets going in a specific direction, this slight inconvenience is not oompensable." Commonwealth v. Hession, 242, A.2d 432, 434 (1968), cert. denied, 393 U.S. 1049, 89 S. Ct. 685, 21 L. Ed. 2d 693 7 (1969). Moreover, the right of access does not entitle an abutting owner to access at all points along the highway but does entitle him to access by reasonable and convenient means between the highway and his property. Wolf v. Department of Highways, 220 A.2d 868 (Pa. 1966). Interestingly, the Wolf decision concerned a property located in Cumberland County. As the Supreme Court wrote in WolF Nor does the right of ingress or egress to or from one's property include any right in and to the existing public traffic on the highway, or any r~ht to have such traffic pass by one's abutting property. The reason is that all traffic on public highways is controlled by the Police power of the State, and what the police power may give an abutting property owner in the way of traffic on the highway it may take away, and by any such diversion of traffic the State and any of its agencies are not liable for any decrease of property values by reason of such diversion of traffic, because such damages are "damnum absque injuria", or damages without legal injury. Wolf, 220 A.2d at 875. See also Sienkiewicz v. Commonwealth, 883 A.2d 494 (Pa. 2005). Permanent interference with access is one of the consequential damages which all condemnors are liable under Section 612 of the 1964 Eminent Domain Code. 26 P.S. §1-612 (repealed and recodified as admendment by 26 Pa. C.S. §714). In order to be compensab{e, however, the permanent inference must be "substantial. Department of Transportation v. Richanis, 556 A.2d 510, 514 (Pa. Cmwith. 1989). It is well established that a reasonable diversion of traffic, even where it results in circuity of access and a diminution of property value, is not compensable. Wolf, supra.: Hession, supra. Thus, though a property owner has a compensable right to reasonable access to public highways, there is no recognized compensable right to the best possible access. Any traffic diversion plan may increase or decrease the respective access value of adjacent properties but, insofar as all properties are reasonably accessible, the 8 Commonwealth is not liable to owners of diminished properties any more that is entitled to relief from the owners of enhanced properties. The police power of the Commonwealth in this matter, like any other sovereign authority in this nation, is not without limits. Wolf and Hession contemplate scenarios which traffic diversion plans would intertere with highway access to such an extent that, although not absolutely obstructive, the resulting diminution of affected property values would constitute a de facto taking of individual property rights. The limits of such scenarios have been the subject of numerous Commonwealth Court decisions and fall into three categories of compensable permanent interference: (1) where aftemative access requires a distance or circuity of travel that is unreasonable; (2) where direct access is present by impeded by unreasonable or unsafe conditions created by the condemnor, and (3) utilizing an altogether different method of analysis and theory of liability, when: an alteration in highway access renders the land unsuitable for its prior use. None of these situations apply to the present case. (1) Condemnee's alternate access route does not impose an unreasonable interference with access. In the case before this Board, Mr. Clauser admits that the highest and best use of the ADM Milling property has not changed as a result of the partial taking: The highest and best use "after the taking of the subject property based on the loss of land is its continued use as A commercialrndustrial grain milling facility. Appraisal Report of George C. Clauser, Exhibit P-2, p. 38. (2) There are no unreasonable or unsafe conditions resulting fitim the changes in access. 9 This situation is not present in the instant case. Entrance and egress from Spangler Road onto the public highway system has not been impeded. According to the condemnee's own evidence and testimony, a slightly longer route is necessary to access Route 15 but truck access is still available. There is no indication from either party that the attemate route would be unsafe for trucks to travel and, indeed, ADM Milling's manager of operations, Drew Stewart, testified that efficiency, not safety, was his primary concern with the proposed attemate route. (3) According to condemnee's own appraisal, the change in access does not alter the highest and best use of the property. Courts have also recognized that an alteration in highway access is compensable where the alteration changes the highest and best use of the property resulting in a diminution of the value. Contakos, supra. 501 A.2d at 1175. Additionally, direct interference with ingress and egress has been found compensabie where curbing severely impedes the ability of trucks to proceed on and off a property. ~ ge Finkelstein v. Department of Transportation, 354 A.2d 14 (Pa. Cmwth. 1976) (dry cleaning business); and Tracy v. Department of Transportation, 402 A.2d 286 (Pa. Cmwtth. 1979) (a tavern). In City of Philadelphia v. Sterling Metalware Company, 410 A.2d 90 (Pa. Cmwlth. 1980), a de facto taking under Section 612 was found when the permanent closure of a street prohibited tractor-trailers from delivering materials to a metal fabricator's loading dock, and in Department of Transportation v. Greisler, 449 A.2d 832 (Pa. Cmwlth. 1982), the location of a ramp blocking one of iwo essential loading docks was found to be a compensable injury. 10 In the within case before the board of viewers, no direct interference with ingress and egress has occurred - no curbing has been placed which severely impedes the ability of trucks to proceed on or off the property; no permanent closures or loading dock blocking actions have occurred. Most importantly, both Mr. Clauser and the Commonwealth's appraiser agree that the highest and best use of the subject property has not changed as a result of the taking. Citing Tracy, the court in Contakos held that °When: a partial taking interferes with suitable access, rendering it unsuitable for its present use or for its highest and best use, this may be considered in determining the fair market value of the remainder.° 50 A.2d at 1175. According to its own appraisal (see Section (1) supra.), the highest and best use of ADM Milling's land continues to be as an industrial grain mill. Moreover, as the ADM Milling properly maintains highway access that is clearly reasonable under the law, the inconvenience that occurs as a result of redirecting its traffic flow is damnum absque injuria -not compensable. 1) $ 280,000.00 for the Taking 2) $ 120,000.00 for Zoning Impact 3) $ 0 for Access 4) $ 4.000.00 stipulated Professional Fees & Costs 5) $ 404,000.00 Total Plus Delay Damages as Stipulated 11 VIEWER'S DUTIES As set forth in the Report, the Viewers executed their duties by Views and Hearings and rendering an Award of Damages. The Board is submitting it's Bill of Costs as the duties of the Board have been discharged. Respectfully Submitted: Date• /O~l ~D By: William A. Duncan, Esquire Chairman, Board of View -/~ Date: ~ ~ ~O J By; Gary Sa ser Viewer, Board of View t ~ 6 ~ V ~-~ Date• ~ y ' y ~ By: James Sheya fewer, Boar View BILL OF COSTS The Board of View having performed duties related to its appointment prior to said decision. An invoice and Bill of Cost is hereby submitted to the Court. William A. Duncan, Chairman 8 days @ $ 375.00 $ 3,000,00 Postage Certified 6 x $ 5.54 33.24 Postage Mail Report 4 x $ 1.90 7.60 Postage First Class 15 x $ .44 6.60 Subtotal $ 3,047.44 Gary Sausser, Viewer 5 days @ $250.00 $ 1,250.00 Subtotal $ 1,250.00 James Sheya, Viewer 5 days @ $ 250.00 $ 1,250.00 Mileage 80 x .50 cents per mile 40.00 $ 1,290.00 TOTAL COST OF VIEWERS $ 5,547.44 Date: ~ 0 ~ ~~~ William chairman Date: /v~~r-ro Gary Sa ,Viewer ~ . Date: ~ O - 1 ~ ~ Viewer ' NOV 0 2 2010 ADM MILLING COMPANY, IN THE COURT OF COMMOO?' 1 Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V, NO.06-6478 CIVIL TERM PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, EMINENT DOMAIN PROCEEDING Defendant iN REM ORDER OF COURT AND NOW, this -X day of m o ve %-- L , 2010, after consideration of the attached Report of Viewers, the Board of View is hereby vacated and the Bill of Costs attached to its Report is ordered to be paid. 0\ I • odd ' ? x ' t X: r V + . .o : COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL By. Donald J. Smith Assistant Counsel Supreme Court I.D.# 50483 P.O. Box 8212 Harrisburg, PA 17105-8212 717-787-3128 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA ADM MILLING COMPANY, Plaintiff v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant CIVIL ACTION - LAW No. 06-6478 0 a c 3 _ : MW o rnr v EMINENT DOMAIN _< C1o PROCEEDINGS--IN REM !Z=%_0 ,,. c)-q yC-) z xF5 ?" JURY TRIAL DEMANDEDvz °• D APPEAL FROM REPORT OF BOARD OF VIEWERS AND NOW, comes the Commonwealth of Pennsylvania, Department of Transportation, Defendant, by its attorney, Donald J. Smith, Assistant Counsel, Right of Way Section, who respectfully represents as follows: 1. The appellant is the Commonwealth of Pennsylvania, Department of Transportation, condemnor and Defendant. The appellee is ADM Milling Company, condemnee and Plaintiff. 2. The condemnee is sole owner of all interests in real property subject to a condemnation action filed by the condemnor on November 7, 2006, and more fully referenced and described in the declaration of taking in said action filed at the above- captioned court term and number. 3. The within appeal is taken from the proceedings before the Cumberland County Board of View and the viewers report filed in the above-captioned matter on November 1, 2010. 4. Defendant appeals from the total award of damages in the sum of $404,000.00, as said amount is excessive. 5. A trial by jury is demanded. Respectfully submitted, OFFICE OF CHIEF COUNSEL By: Donald J. Smith Assistant Counsel Attorney for the Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA ADM MILLING COMPANY, Plaintiff : CIVIL ACTION - LAW : No. 06-6478 V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, EMINENT DOMAIN PROCEEDINGS--IN REM Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I certify that I am serving the foregoing document in the manner and upon the person as set forth below, which service satisfies the requirements of Pa.R.C.P. 440: BY FIRST CLASS MAIL: Michael F. Faherty, Esquire Lavery, Faherty, Young & Patterson, PC 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 Respectfully submitted, OFFICE OF CHIEF COUNSEL By: 3r- ' Donald J. Smith Assistant Counsel Attorney for the Defendant Dated: November 17, 2010 ADM MILLING COMPANY, Plaintiff V. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Defendant : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. o6-6478 CIVIL TERM : EMINENT DOMAIN PROCEEDING : IN REM CROSS APPEAL FROM REPORT OF BOARD OF VIEWERS AND NOW, comes ADM Milling Company, Plaintiff, by its attorney, Michael F. Faherty, who respectfully represents as follows: 1. A Board of View filed a Viewers Report on November 1, 2010. 2. On or about November 17, 2010 the Defendant filed an appeal challenging the damages award. n w g) 3. ADM Milling Company, Plaintiff, now cross-appeals the prop dagm.n ? z' :;C cnr- ? Mr_ -°rn C .,? D C3 CAA 4. The damages award is inadequate. , -v = `n 5. A trial by jury is demanded. " '? Respectfully submitted, - Lavery, Faherty, Young & Patterson, P.C. 1 ' DATE: By: Michael F. Faherty, Esquire Atty No. 55860 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 171o8-1245 Attys for Plaintiff CERTIFICATE OF SERVICE I, Linda S. Wallace, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this 1 day of December, 2010, I served a true and correct copy of the foregoing Cross Appeal from Report of Board of Viewers via U.S. First Class mail, postage prepaid, addressed as follows: Donald J. Smith, Assistant Counsel Commonwealth of Pennsylvania Department of Transportation Govenor's Office of General Counsel Right of Way Section P.O. Box 8212 Harrisburg, PA 17105-8212 Legal Faherty, Esquire 1=,1110-OFFICE COMMONWEALTH OF PENNSYLVANIA 7? 1?, `a; (? Loll DEPARTMENT OF TRANSPORTATION GOVERNOR'S OFFICE OF GENERAL COUNSEL CUMBERLAND COUP Jason D. Sharp, Assistant Counsel ?? ? Supreme Court I.D. #80488 P. O. Box 8212 HARRISBURG, PENNSYLVANIA 17105-8212 (717)787-3128 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION -- LAW ADM MILLING COMPANY, Plaintiff No. 06-6478 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. OF IC OF CHIEF UNSEL By: J on D. Sharp, sistant Counsel Attorney for the Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION -- LAW ADM MILLING COMPANY, Plaintiff No. 06-6478 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. BY FIRST CLASS MAIL: Michael F. Faherty, Esquire Lavery, Faherty, Young & Patterson, PC 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 Respectfully submitted, OFFI OF CHIEF COUNSEL By: J on D. Sharp sistant Counsel Attorney for the Defendant Dated: March 29, 2011 lam''/ ? r. r-'` 1lrC PRAECIPE FOR LISTING CASE FOR TRIAL r (Must be typewritten and submitted in triplicate) Caul TO THE PROTHONOTARY OF CUMBERLAND COUNTY' Ey?SY 4.V js,?? Please list the following case: ® for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in.fu1l) In re: Condemnation by the Commonwealth of Pennsylvania Department of Transportation, of the Right-of-Way for the State Route 0015, SectiQn,006 R/W, Limited Access in the Borough of Camp Hill and Twps. of Hampden and Lower Allen (check one) ® Civil Action - Law ? Appeal from arbitration X Eminent Domain (other) The trial list will be called on and Jennifer Delaye, Trials commence on Plaintiff Pretrials will be held on vs. (Briefs are due S days before pretrials PENNDOT, No. 06-6478 Term Defendant Indicate the attorney who will try case for the party who files this praecipe: Michael F. Faherty, Esquire Indicate trial counsel for other parties if known: This case is ready for trial. Signed: r v v`Z Print Name: Michael F. Faherty Date:_' _ Attorney for: Plaintiff Q,??Eas.ao Pd abl? CO 1s7A ear awq S? CERTIFICATE OF SERVICE I, Tara B. Winton, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this 7 day of September, 2011, I served a true and correct copy of the foregoing Praecipe for Listing Case for Trial via U.S. First Class mail, postage prepaid, addressed as follows: Kelly E. Solomon, Esquire Assistant Counsel Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel Real Property Division P.O. Box 8212 Harrisburg, PA 17105-8212 Tara B. Winton Law Clerk to Michael F. Faherty, Esquire FOOT LOCKER SPECIALTY, INC., Plaintiff V. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6478 CIVIL TERM IN RE: PETITION FOR APPOINTMENT OF VIEWERS ORDER OF COURT c -0 3 me U', r -<A r-:r <c ?C--) =C) m -0 77 r- r? CD-ri . -_ ?fY AND NOW, this 13th day of September, 2011, upon consideration of the Petition for Appointment of Viewers, it is ordered and directed that the petition is granted. THE COURT hereby appoints the following individuals as a Board of Viewers pursuant to Pennsylvania Eminent Domain Code, 26 C.S.A., Section 502, to ascertain just compensation, pursuant to Pennsylvania Eminent Domain Code, 26 Pa. C.S.A. Section 710(a): 1. William A. Duncan, Esq., Chairman 2. James Sheya 3. Gary Sausser bavid 8-1 eynold% Chriskow J.Clete, ESI. Miehoee F. Foher 1, `i William A .buwan Fsq_ BY THE COURT, J..1csley Oler, fr., J. feso William A. Duncan, Esq. One Irvine Row Carlisle, PA 17013 Chairman Board of View Michael F. Faherty, Esq. 225 Market Street Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Attorney for Plaintiff Christopher J. Clements, Esq. Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 Attorney for Defendant David B. Reynolds District Right-of-Way Administrator PennDOT Engineering District 8-0 2140 Herr Street Harrisburg, PA 17110-1699 :rc COMMONWEALTH OF PENNSYLVANIA + -?? 0 7!? DEPARTMENT OF TRANSPORTATION GOVERNOR'S OFFICE OF GENERAL COUNSEL `' ?? 20 P_ ( s : L V Jason D. Sharp, Assistant Counsel Supreme Court I. D. #80488 0 COU"; N i ., P. O. Box 8212 ? ENNS yLvA 141 HARRISBURG, PENNSYLVANIA 17105-8212 (717) 787-3128 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION -- LAW FOOT LOCKER SPECIALTY, INC., ; Plaintiff No. 06-6478 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, F CH EF COUNSEL By: J on D. Sharp, Assistant Co el Attorney for the Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION -- LAW FOOT LOCKER SPECIALTY, INC., Plaintiff No. 06-6478 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. BY FIRST CLASS MAIL: Michael F. Faherty, Esq. Lavery Faherty Young & Patterson, P.C. 225 Market Street Suite 304 PO Box 1245 Harrisburg, PA 17108-1245 Respectfully submitted, OFFIC OF C 7 COUNSEL By: J son D. Sharp Assistant Counsel Attorney for the Defendant Dated: September 19, 2011 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION ! r,0??`? (: i j GOVERNOR'S OFFICE OF GENERAL COUNSEL Jason D. Sharp, Assistant Counsel r ? ; H DERLANT =. Right of Way Section c ?: )1 L1/l (l Supreme Court LD. #80488 P. O. Box 8212 HARRISBURG, PENNSYLVANIA 17105-8212 (717) 787-3128 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION -- LAW JENNIFER DELAYE, Plaintiff No. 06-6478 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 F CHIEF COUNSEL By: ?? J on D. Sharp Attorney for the Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION -- LAW JENNIFER DELAYS, Plaintiff No. 06-6478 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: Michael F. Faherty, Esquire 225 Market Street, Suite 304 Harrisburg, PA 17101 Respectfully submitted, OFFIC F CHIEF B COUNSEL y. c?- J on D. Sharp ssistant Counsel Attorney for the Defendant Dated: November 18, 2011 CA IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF THE RIGHT-OF-WAY FOR THE STATE ROUTE 0015, SECTION 006 R/W, LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND TWPS. OF HAMPDEN AND LOWER ALLEN, JENNIFER DELAYE, Plaintiff v PENNDOT, Defendant IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA ... ? p tr2 _. t • tV ?, CIVIL ACTION - LAW r?-• z? o? A 06-6478 CIVIL TERM' o z IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 8th day of November, 2011, upon consideration of the call of the civil trial list, and no person having appeared in court to call the above-captioned case for trial, it is stricken from the trial list. ? Michael F. Faherty, Esquire 225 Market Street Suite 304 P.O. Box 1245 Harrisburg, PA 17108 / For Plaintiff ? Kelly E. Soloman, Esquire PennDOT Office of Chief Counsel 400 North Street 9th Floor Harrisburg, PA 17105 For Defendant Court Administrator - %A b(' 1e Copies :mae By the Court, IN RE: CONDEMNATION BY THE . COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION,: OF THE RIGHT-OF-WAY FOR THE STATE ROUTE 0015, SECTION 006 R/W, LIMITED ACCESS IN THE BOROUGH OF CAMP HILL AND TWPS. OF HAMPDEN AND LOWER ALLEN JENNIFER DELAYE, Plaintiff V. PENNDOT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6478 CIVIL TERM IN RE: CIVIL TRIAL LIST ORDER OF COURT AND NOW, this 17th day of January, 2012, upon consideration of the call of the civil trial list in the above-captioned matter, and following a conference in chambers with counsel, and Defendant's counsel having moved for a continuance on the basis that he just received further discovery and that he needs to depose a single witness he just discovered, the motion for a continuance is denied at this time. The parties having agreed that the witness can be deposed prior to trial, this case is hereby set for pretrial conference on February 1, 2012, and for trial on February 13, 2012, without prejudice for defense counsel to move for a continuance of the trial if the parties cannot depose the witness prior to the set date for trial. i , By the Court, ?3 N rna) ? c- rn-T 4i ;r_ Christylee eck, J. ? ?: _ Michael F. Faherty, Esquire 225 Market Street, Suite 304 PO Box 1245 Harrisburg PA 17108 For Plaintiff 'l Jason D. Sharp, Esquire PennDOT Office of Chief Counsel 400 North Street 9th Floor Harrisburg PA 17105 For Defendant pcb e0rrC'S ma. AM J! 1V Ia IN RE: CONDEMNATION BY THE IN THE COURT OF COMMON PLEAS OF COMMONWEALTH OF PENNSYLVANIA,: CUMBERLAND COUNTY, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION,: OF THE RIGHT-OF-WAY FOR THE STATE ROUTE 0015, SECTION 006 R/W, LIMITED ACCESS IN 77)'_ THE BOROUGH OF CAMP HILL AND TWPS. OF HAMPDEN AND LOWER ALLEN JENNIFER DELAYE -y`"' Plaintiff CIVIL ACTIOI\ - LAW PENNDOT, Defendant NO. 06-6478 CIVIL TERM PRETRIAL CONFERENCE A pretrial conference was held in the chambers of Judge Peck in the above-captioned case on February 1, 2012. Present on behalf of the Plaintiff was Michael F. Faherty, Esquire. Present on behalf of Defendant was Jason D. Sharp, Esquire. This is an eminent domain proceeding upon which both sides have agreed as to liability. The only issue is as to the valuation of the property. This will be a jury trial in which pursuant t=o an agreement of counsel each side will have 3 peremptory challenges, for a total of 6. The estimated duration of this trial is 3 days. There appears to not be any scheduling conflicts with either side unless this case goes into Friday of the same trial week. Plaintiff and. Defendant have acreed that the judge will read into evidence and instruct the jury as to the first two stipulations that are contained in the pretrial memorandum of the Plaintiff. The remainder of the stipulations contained in the Plaintiff's pretrial memorandum have been stipulated to by both counsel, but shall not be submitted to the jury. Plaintiff and Defendant have ac-reed that there will be a site ti.ew of the property in question in this case, the said viewing --o take place right after opening statements. Defense counsel is working with the Court Administrator's Office to obtain the transportation for said site view. The Plaintiff and Defendant and their_ respective parties shall be transported to the site view of the property in question separately from the jurors and shall arrive tD the site view prior to the jurors arriving. Prior to the site view and while still in the courtroom on the record, Plaintiff and Defendant will be given the opportunity to explain to the jurors points of interest they will be viewing at the site. Plaintiff and Defendant shall not make further statements to jurors while out. at the site. Plaintiff and Defendant may each submit to the court: by February 10, 2012, a proposed handout to be given and taken by the jurors to the site view that outlines the points of interest. Mr. Sharp has indicated to this Court that he no longer reeds to depose Plaintiff's witness, to the start of this trial, however, he has challenee her testimony if she testif=ies as surrouncting the approval of the acquisition property in question while she was employed officer. Mary Jane Davis, prior reserved the right to to the facts impact report of the as a Camp Hill zoning Both counsel have agreed as to the admissibility of Plaintiff's exhibits, except for two photos that were taken during construction, for which the defense counsel has reserved the right to object.. Plaintiff and Defendant have agreed that they can use those e:hibits during the opening statement: of this trial, except for the previously identified construction Exhibits for which defense counsel has reserved objections. Plaintiff and defense counsel are ordered to file any motions in limine by the close of business can February 8, 2012. Plaintiff and defense counsel are ordered to file any proposed jury instructions by the close of business on Febr=uary 8, 2012, subject to the further submission of jury instructions should any other issues come up at trial. Plaintiff and defense counsel have agreed that their relative experts are qualified to testify as experts in their respective fields. It does not appear to the court that this case can be settled amicably. By the Court, r Christylee Peck, J. Michael F. Faherty, Esquire 225 Market Street, Suite 304 PO Box 1245 Harrisburg PA 17108 For Plaintiff Jason D. Sharp, Esquire PennDOT Dffice of Chief Counsel 400 Nort:i Street 9th Floor Harrisburg PA 17105 For Defendant pcb IN THE COURT OF COMMON PLEAS f' H--ED -O ICS- OF CUMBERLAND COUNTY, PENNSYLVANIA HE PROTHONOTAR'i 2012 FEB -2 PM 2: 20" JENNIFER DELAYE, CUMBERLAND COUNT` Plaintiff NO. 06-06478 Civil Term PENNSYLVANIA V. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Defendant EMINENT DOMAIN PROCEEDINGS - IN REM ENTRY OF APPEARANCE Please enter the appearance of Harold C. Gabler IV, in addition to the already entered appearance of Attorney Michael Faherty, on behalf of Condemnee, Jennifer Delaye, in the above- referenced matter. Respectfully submitted, Lavery Faherty Patterson 1 , DATE: By: *,j /,?-- Harold C. Gabler IV, Esquire Atty No. 311133 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Attys for Jennifer Delaye, Condemnee CERTIFICATE OF SERVICE I, Harold C. Gabler IV, an attorney with the law firm of Lavery Faherty Patterson do hereby certify that on this I day of February, 2012, I served a true and correct copy of the foregoing Entry of Appearance via U.S. First Class mail, postage prepaid, addressed as follows: Jason D. Sharp, Esquire Assistant Counsel PennDOT R/W Administrator Engineering District 8-o 214o Herr Street Harrisburg, PA 17103 Harold C. Gabler IV, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER DELAYS, CIVIL ACTION - LAW Plaintiff No. 06-06478 Civil Term N V. EMINENT DOMAIN ?; -r --+ COMMONWEALTH OF PENNSYLVANIA, PROCEEDINGS - IN RIN Q m M DEPARTMENT OF TRANSPORTATION, Defendant 4c:) -?C C7 y., p -re ' Zo - x, -- CERTIFICATE OF SERVICE C ri ? E Q F i r Y' % ud to ar I hereby certify that I am serving the within Pmpased Orders Grarri gMotion in L E zi&w q(Sa1e of 2213 GettXhvg Rain L oueerA lien Tozvzl*, CanpHA C and C. tmt}; Pa and Motion in L urine to Exdude LouerManhattan Tm& Twnr g Gtnde upon the person and in the manner as set forth below, which service satisfies the requirements of Pa.R.C.P. 440: BY FIRST CLASS MAIL (and nc=r : Michael F. Faherty, Esquire Lavery, Faherty, Patterson, P.C. 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Respectfully submitted, OFFICE OF CHIEF COUNSEL /J?a-son D. Sharp, Assistant Counsel Dated: February 8, 2012 Attorney for the Defendant JENNIFER DELAYS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, Defendant NO. 06-6478 CIVIL TERM VERDICT We, the Cumberland County jury, have determined Plaintiff Jennifer Delaye is entitled to just compensation from Defendant Department of Transportation, in the `36 amount of Date: ,a0?/:"27 Foreperson Tw - In the Court of Commons Pleas of Cumberland County, PA., IN RE: CONDEMNATION BY THE CMN D.O.T., OF THE RIGHT-OF-WAY FO Docket No. 2006-6478 SEC 006 RJW, LIMITED ACCESS// Judge: PECK ---- V S ---- PENNDOT Attorney: Ju-s011 T? u . Sharp Attorney: _M 6ae.1 E. F_ahe r?u Date: alt 3 ba JURORS ??0. or No. Juror # NAMES OF JURORS CALLED CAUSE P D 1 11110140MINNIIII FEB13-291 GOLOVKINA, MARIANNA 2 IIINNININw00111 FEB13-343 70 61 ?&o TH IOMBIANO, SYLVAIN 3 IIIINpMIMNIIMINII FEB13-108 URQUHART„ JR JERRY W 4 1111NINN111ININII FEB13-264 LONG„ JR ALDEN O 5 II1111IINm1N11NN11 FEB13-265 OTT, JAMIE L 6 1INNIIIINIINMIN1I1 FEB13-7 YOUNG, JAMES D 7 INNI MENNNI1IN11 FEB13-194 MICHAELS, SANDRA L 8 111IN11NN1EWEII FEB13-316 POGUE, CYNTHIA A { 9 111111111111811111 FEB13-36 WINGERT, REBECCA M 10 1111NI10111 NNINNI FEB13-227 HALLOCK, STEVEN J 11 110PARNN1001111 FEB13-96 CHURLICK, JOHN W 12 111NIININ EEN11 FEB13-348 BARTON, BONITA S 13 11111110119111HIM11 FEB13-257 EMIG, SUSAN E 14 1111111111108011 FEB13-197 SUTTON, NANCY 15 111N1lN1NN1NNINIINII FEB13-349 FINK, JENNIFER R 16 IIINIIIIII1111NNNI1NII1 FEB13-221 BURKET, KAREN L 17 II1111111N1111111111 FEB13-84 SHOWERS, RENEE S 18 II1IN11ININI1Ii1IN FEB13-144 ORT, DAVID W Man" FEB43 434 20 IN11N111NNN111111I1 FEB13-288 DIEHL, RICKI L 21 IIINN1111NIN1I11111 IINNNNN5MN1I1 EB13-205 FEB13-13 HOLT, DONALD F MANE no 'fir w IN RE: CONDEMNATION BY THE CMN D.O.T., OF THE RIGHT-OF-WAY FO SEC 006 R/W, LIMITED ACCESS// ---- v S ---- PENNDOT UR In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2006-6478 Judge: PECK Attorney: Attorney: Date: ORS No. Juror # NAMES OF JURORS CALLED CAUSE P D 23 I11N NINwNI FEB13-141 REED, KAREN K 24 IIINNIHINNIIN FEB13-88 DRIES, JAMES E or- 25 I11N{11N1111111N1111 F 3-89 ROMANOSKI, RONALD A 26 IIIN?INNINNNNI?lI FEB13-15 MARTINO, JOSEPH R 27 IIIN?NI1111YNM11 FEB13-131 HOC SMITH, CATHY S 1 3.237 ITT MAN l? -- - - - 29 II0NIINN1NSENI11 FEB13-174 PINCI, JAMES D 30 1111111NNNEVIN11 FEB13-69 COLE!, OpOERT D 31 I11INII MEN NIII 32 I1N111NIN111111 in FEB13-207 FEB 56 AOISTWHITE, IAN J BEHRENS, CODIE J 33 1111901N OW FEB13-154 BAKER, MELISSA I 34 11111 JINNI FEB13-16 HELLEN, ELAINE S I111111NININNNNNIII FEB13-4 PENSINGER, JULIE D 36 37 38 39 40 41 42 43 44 JENNIFER DELAYE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant NO. 06-6478 CIVIL TERM IN RE: MOTION IN LIMINE ORDER OF COURT AND NOW, this 13th day of February, 2012, upon consideration of the Plaintiff's motion in limine to preclude new evidence being offered by the Commonwealth, said new evidence to be exhibits that show changes on the street drawings in the Commonwealth's acquisition impact reports, the proposed new evidence from the Commonwealth is being withdrawn by defense counsel. By the Court, Christylee Peck, J. t/ Michael F. Faherty, Esquire Harold C. Gabler, IV, Esquire 225 Market Street, STE 304 PO Box 1245 Harrisburg, PA 17108 For the Plaintiff t/ Jason D. Sharp, Esquire PennDOT Office of Chief Counsel 400 North Street f? 9th Floor t? --1 Harrisburg, PA 17105 cz For the Defendant m - pcb C CP. e?s JR4 a --+C:? =Q 3 C_- co CDC:: JENNIFER DELAYE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant NO. 06-6478 CIVIL TERM IN RE: MOTION IN LIMINE ORDER OF COURT AND NOW, this 13th day of February, 2012, upon consideration of the Commonwealth's Motion in Limine to Exclude Evidence of Sale of 2213 Gettysburg Road, Lower Allen Township, and the parties being in agreement now that the Plaintiff will not introduce evidence of the sale of 2213 Gettysburg Road, Lower Allen Township, that evidence will not be introduced by the Plaintiff or Plaintiff's experts. Defense counsel agrees that he will not cross-examine the Plaintiff or Plaintiff's expert witnesses as to the sale of 2213 Gettysburg Road, Lower Allen Township. By the Court, Christyle Peck, J. /Michael F. Faherty, Esquire Harold C. Gabler, IV, Esquire 225 Market Street, STE 304 PO Box 1245 Harrisburg, PA 17108 For the Plaintiff ?Jason D. Sharp, Esquire C_* PennDOT Office of Chief Counsel G 400 North Street 3 ra nm 9th Floor c? Harrisburg, PA 17105 Co ? am For the Defendant ho CD s pcb tcr;es .emu Yr ? a 3C CD r C-) 2 ? co JENNIFER DELAYE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant NO. 06-6478 CIVIL TERM IN RE: MOTION IN LIMINE ORDER OF COURT AND NOW, this 13th day of February, 2012, upon consideration of the Commonwealth's Motion in Limine to Exclude Lower Manhattan Truck Turning Guide, the motion is hereby denied. This determination is based in part on Cohen vs. Redevelopment Authority of the City of Philadelphia, 315 A.2d 372, stating that the condemnee and the expert may testify in regard to valuation of the elements considered in arriving at their figure, and that they can testify as to hearsay if they use that in a determination of their valuation. By the Court, Christyle7e Peck, J. ? Michael F. Faherty, Esquire Harold C. Gabler, IV, Esquire 225 Market Street, STE 304 PO Box 1245 Harrisburg, PA 17108 For the Plaintiff c ?Jason D. Sharp, Esquire Zw r?*7 PennDOT Office of Chief Counsel s CO --Orr" 400 North Street ?n N ' C 9th Floor r-= Harrisburg, PA 17105 *C-) 3 c?F° For the Defendant atp c5v-_: / AC co x"17 ? `? pcb f'AA,e,s ".'led Vda/l,;z t JENNIFER DELAYS, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, : Defendant NO. 06-6478 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of February, 2012, the Plaintiff in this case having proposed stipulations for the Court as to certain payment information in this eminent domain case, and defense counsel, Mr. Sharp, having indicated that he stipulates and agrees to the same stipulations, it is hereby ordered as follows: 1. Estimated just compensation of $8,800 was paid on February 9, 2007. 2. Additional estimated just compensation of $111,200 was paid on September 1, 2009. 3. Total estimated just compensation of $120,000 has been paid and will be credited as paid. 4. Delay damages shall be later calculated by PennDOT and paid based on the date of possession of January 22, 2008. 5. PennDOT shall reimburse the condemnee $4,000 for paid professional fees. 6. The jury determination of damages owed to the Plaintiff in the amount of $250,000 is hereby molded to reflect the obligation of PennDOT to pay the damages minus the credited $120,000. Therefore, the amount now owed to Plaintiff is $130,000. VINVAlASNN3d By the Court, ' E Christyle Peck, J. i .? JENNIFER DELAYE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Defendant NO. 06-6478 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of February, 2012, the Plaintiff in this case having proposed stipulations for the Court as to certain payment information in this eminent domain case, and defense counsel, Mr. Sharp, having indicated that he stipulates and agrees to the same stipulations, it is hereby ordered as follows: 1. Estimated just compensation of $8,800 was paid on February 9, 2007. 2. Additional estimated just compensation of $111,200 was paid on September 1, 2009. 3. Total estimated just compensation of $120,000 has been paid and will be credited as paid. 4. Delay damages shall be later calculated by PennDOT and paid based on the date of possession of January 22, 2008. 5. PennDOT shall reimburse the condemnee $4,000 for paid professional fees. 6. The jury determination of damages shall be molded to reflect the obligation of PennDOT to pay the damages minus the credited $120,000. By the Court, d4NVAlASNN3d AINno^ ONdld38W O i S =8 NV ZZ 833 Z 1 CZ ChristyliKe Peck, J. ? Michael F. Faherty, Esquire Harold C. Gabler, IV, Esquire 225 Market Street, STE 304 PO Box 1245 Harrisburg, PA 17108 For the Plaintiff V Jason D. Sharp, Esquire PennDOT Office of Chief Counsel 400 North Street 9th Floor Harrisburg, PA 17105 For the Defendant pcb /l ( d' r 5 `vt a, /t'Cy Ae It Michael F. Faherty, Esquire Harold C. Gabler, IV, Esquire 225 Market Street, STE 304 od PO Box 1245 Harrisburg, PA 17108 ;4119 For the Plaintiff DO / Jason D. Sharp, Esquire ? PennDOT Office of Chief Counsel 400 North Street 9th Floor Harrisburg, PA 17105 For the Defendant pcb IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER DELAYE, Plaintiff NO. o6-o6478 Civil Term V. EMINENT DOMAIN - , PROCEEDINGS - IN REi `?- k r PENNSYLVANIA DEPARTMENT 4„- ' OF TRANSPORTATION M , .? Defendant o K7 -cc_- PRAECIPE TO DISCONTINUE - PO TO DAVID D. BUELL, PROTHONOTARY: Pursuant to the expiration of time to appeal the February 16, 2012 Order of Judge Christylee Peck and payment of damages pursuant to the February 16, 2012 Order in the amount of $174,779.16 by Defendant, Pennsylvania Department of Transportation, to Plaintiff, Jennifer Delaye, please mark the above case settled and discontinued. Respectfully submitted, DA E Lavery Faherty Patterson By. '4--j Michael F. Faherty, Esquire Atty No. 55860 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Attys for Condemnee