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SupremeCourtofPennsylvania York County Prothonotary Civil E-Filed - 27 Mar 2023 03:57:05 PM
Case Number: 2023-SU-000871
Court of Common Pleas For Prothonotary Use Only: TIM
Civil Cover Sheet Docket No:
ES
TA
MP
York
_______________________________ County
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
Complaint Writ of Summons Petition
S Transfer from Another Jurisdiction Declaration of Taking
E
Lead Plaintiff’s Name: Lead Defendant’s Name:
C Glen Rock Borough Salvatore Cilluffo
T
Dollar Amount Requested: within arbitration limits
I Are money damages requested? Yes No (check one) outside arbitration limits
O
N Is this a Class Action Suit? Yes No Is this an MDJ Appeal? Yes No
A Jayne R. Katherman, Esquire
Name of Plaintiff/Appellant’s Attorney: _____________________________________________________________________
Check here if you have no attorney (are a Self-Represented [Pro Se] Litigant)
Nature of the Case: Place an “X” to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
Intentional Buyer Plaintiff Administrative Agencies
Malicious Prosecution Debt Collection: Credit Card Board of Assessment
Motor Vehicle Debt Collection: Other Board of Elections
Nuisance ________________________ Dept. of Transportation
Premises Liability ________________________ Statutory Appeal: Other
S Product Liability (does not include _________________________
mass tort) Employment Dispute: _________________________
E Slander/Libel/ Defamation Discrimination
Employment Dispute: Other Zoning Board
C Other:
________________________
_________________________ Other:
T _________________________ ________________________ _________________________
I Other: _________________________
MASS TORT ________________________
O Asbestos ________________________
N Tobacco
Toxic Tort - DES
Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
Toxic Waste Ejectment Common Law/Statutory Arbitration
Other: Eminent Domain/Condemnation Declaratory Judgment
B _________________________ Ground Rent Mandamus
_________________________ Landlord/Tenant Dispute Non-Domestic Relations
Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial Quo Warranto
Dental Partition Replevin
Legal Quiet Title Other:
Medical Other: _________________________
Other Professional: ________________________ _________________________
_________________________ ________________________
_________________________
Updated 1/1/2011
York County Prothonotary Civil E-Filed - 27 Mar 2023 03:57:05 PM
Case Number: 2023-SU-000871
IN THE COURT OF COMMON PLEAS OF
YORK COUNTY,PENNSYLVANIA
CIVIL ACTION - LAW
GLEN ROCK BOROUGH, )
Condemnor )
V. )No.
)
SALVATORE CILLUFFO, )Eminent Domain Proceeding - IN REM
Condemnee )
DECLARATION OF TAKING
Glen Rock Borough, by and through its Solicitor, Paul Minnich, Esquire, ofthe law firm
of Barley Snyder LLP,hereby files this Declaration of Taking and in support thereof avers the
following:
1. The Condemnor is the Borough of Glen Rock,organized and existing under the
laws ofthe Commonwealth ofPennsylvania, having its principal office at 1 Manchester Street,
Glen Rock,Pennsylvania 17327.
2. The record owner ofthe condemned land is Salvatore Cilluffo, of5 Hanover
Street, Glen Rock,PA 17327.
3. This condemnation is authorized by the Borough Code set forth at 8 Pa.C.S.
§1501, et seq.
4. Ordinance No.516 condemning the land hereinafter described and authorizing the
filing ofthis Declaration of Taking was duly approved by the Glen Rock Borough Council at its
10223591.1
York County Prothonotary Civil E-Filed - 27 Mar 2023 03:57:05 PM
Case Number: 2023-SU-000871
meeting held on November 16, 2022. A certified copy of said Ordinance is available for
inspection at the offices of the Condemnor.
5. The land, hereinafter described, is taken for the purpose of a traffic signal
replacement project at the comer of Hanover Street and Main Street in the Borough of Glen
Rock, York County, Pennsylvania.
6. The land to be taken is located in the Borough of Glen Rock, as described in
Exhibit “A” and further depicted in Exhibit “B”, both of which are attached hereto and made a
part hereof.
7. The interest to be acquired is in the nature of a right-of-way and temporary
construction easement.
8. A plan showing the condemned property in further detail may be examined at the
office of Glen Rock Borough, 1 Manchester Street, Glen Rock, Pennsylvania.
9. The Condemnor has the power of taxation, and is not required to file a bond with
this Declaration of Taking. Just compensation is secured by the Borough’s pledging of taxing
power and tax revenues in accordance with Section 303(b)(1) of The Eminent Domain Code,53
Pa. C.S.A.§ 3030(b)(1).
2
10223591.1
York County Prothonotary Civil E-Filed - 27 Mar 2023 03:57:05 PM
Case Number: 2023-SU-000871
IN WITNESS WHEREOF,these presents have been executed, under seal, this
1 day of ,2023.
Attest: GLEN ROCK BOROUGH COUNCIL
By:
Secretary President
(BOROUGH SEAL)
10223591.1
York County Prothonotary Civil E-Filed - 27 Mar 2023 03:57:05 PM
Case Number: 2023-SU-000871
COMMONWEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF YORK )
On this 1 day of ,2023, before me the
undersigned officer, personally appeared acknowledged that he/she is the
President of THE GLEN ROCK BOROUGH COUNCIL,and that as such President, being
authorized to do so, executed the within instrument for the purposes therein contained by signing
as such President.
IN WITNESS WHEREOF,I hereunto set my hand and official seal.
Commonwealth of Pennsylvania - Notary Seal
Marisa G. Baublilz, Notary Public
York County
My commission expires November 16,2026
Commission number 1427337
Member, Pennsylvania Association of Notaries
4
10223591.1
York County Prothonotary Civil E-Filed - 27 Mar 2023 03:57:05 PM
Case Number: 2023-SU-000871
EXHIBIT A
(Description of Property)
BEGINNING at a point, said point being on the north curb line of Hanover Street; thence in and
through lands n/f of Salvatore Cilluffo the following 2 courses & distances: 1) North six (06)
degrees forty-five (45) minutes zero(00)seconds West a distance of fifteen and twenty
hundredths(15.20)feet to a point, 2) North eighty-two (82)degrees fifteen (15) minutes zero
(00)seconds East a distance of eleven and ten hundredths(11.10) feet to a point in Main Street;
thence in and through Main Street South six (06)degrees forty-five (45) minutes zero (00)
seconds West a distance of fifteen and twenty hundredths (15.20) feet to a point in Hanover
Street; thence in and through Hanover Street South eighty-two (82) degrees fifteen (15) minutes
zero (00) seconds West a distance of eleven and ten hundredths (11.10) feet to a point on the
north curb line of Hanover Street, being the POINT of BEGINNING.
Containing in area 168.73 sq. ft. or 0.004 Ac.
5
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York County Prothonotary Civil E-Filed - 27 Mar 2023 03:57:05 PM
Case Number: 2023-SU-000871
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SupremeCourtofPennsylvania York County Prothonotary Civil E-Filed - 27 Mar 2023 03:57:05 PM Case Number: 2023-SU-000871 Court of Common Pleas For Prothonotary Use Only: TIM Civil Cover Sheet Docket No: ES TA MP York _______________________________ County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: Complaint Writ of Summons Petition S Transfer from Another Jurisdiction Declaration of Taking E Lead Plaintiff’s Name: Lead Defendant’s Name: C Glen Rock Borough Salvatore Cilluffo T Dollar Amount Requested: within arbitration limits I Are money damages requested? Yes No (check one) outside arbitration limits O N Is this a Class Action Suit? Yes No Is this an MDJ Appeal? Yes No A Jayne R. Katherman, Esquire Name of Plaintiff/Appellant’s Attorney: _____________________________________________________________________ Check here if you have no attorney (are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an “X” to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional Buyer Plaintiff Administrative Agencies Malicious Prosecution Debt Collection: Credit Card Board of Assessment Motor Vehicle Debt Collection: Other Board of Elections Nuisance ________________________ Dept. of Transportation Premises Liability ________________________ Statutory Appeal: Other S Product Liability (does not include _________________________ mass tort) Employment Dispute: _________________________ E Slander/Libel/ Defamation Discrimination Employment Dispute: Other Zoning Board C Other: ________________________ _________________________ Other: T _________________________ ________________________ _________________________ I Other: _________________________ MASS TORT ________________________ O Asbestos ________________________ N Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Ejectment Common Law/Statutory Arbitration Other: Eminent Domain/Condemnation Declaratory Judgment B _________________________ Ground Rent Mandamus _________________________ Landlord/Tenant Dispute Non-Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial Quo Warranto Dental Partition Replevin Legal Quiet Title Other: Medical Other: _________________________ Other Professional: ________________________ _________________________ _________________________ ________________________ _________________________ Updated 1/1/2011 York County Prothonotary Civil E-Filed - 27 Mar 2023 03:57:05 PM Case Number: 2023-SU-000871 IN THE COURT OF COMMON PLEAS OF YORK COUNTY,PENNSYLVANIA CIVIL ACTION - LAW GLEN ROCK BOROUGH, ) Condemnor ) V. )No. ) SALVATORE CILLUFFO, )Eminent Domain Proceeding - IN REM Condemnee ) DECLARATION OF TAKING Glen Rock Borough, by and through its Solicitor, Paul Minnich, Esquire, ofthe law firm of Barley Snyder LLP,hereby files this Declaration of Taking and in support thereof avers the following: 1. The Condemnor is the Borough of Glen Rock,organized and existing under the laws ofthe Commonwealth ofPennsylvania, having its principal office at 1 Manchester Street, Glen Rock,Pennsylvania 17327. 2. The record owner ofthe condemned land is Salvatore Cilluffo, of5 Hanover Street, Glen Rock,PA 17327. 3. This condemnation is authorized by the Borough Code set forth at 8 Pa.C.S. §1501, et seq. 4. Ordinance No.516 condemning the land hereinafter described and authorizing the filing ofthis Declaration of Taking was duly approved by the Glen Rock Borough Council at its 10223591.1 York County Prothonotary Civil E-Filed - 27 Mar 2023 03:57:05 PM Case Number: 2023-SU-000871 meeting held on November 16, 2022. A certified copy of said Ordinance is available for inspection at the offices of the Condemnor. 5. The land, hereinafter described, is taken for the purpose of a traffic signal replacement project at the comer of Hanover Street and Main Street in the Borough of Glen Rock, York County, Pennsylvania. 6. The land to be taken is located in the Borough of Glen Rock, as described in Exhibit “A” and further depicted in Exhibit “B”, both of which are attached hereto and made a part hereof. 7. The interest to be acquired is in the nature of a right-of-way and temporary construction easement. 8. A plan showing the condemned property in further detail may be examined at the office of Glen Rock Borough, 1 Manchester Street, Glen Rock, Pennsylvania. 9. The Condemnor has the power of taxation, and is not required to file a bond with this Declaration of Taking. Just compensation is secured by the Borough’s pledging of taxing power and tax revenues in accordance with Section 303(b)(1) of The Eminent Domain Code,53 Pa. C.S.A.§ 3030(b)(1). 2 10223591.1 York County Prothonotary Civil E-Filed - 27 Mar 2023 03:57:05 PM Case Number: 2023-SU-000871 IN WITNESS WHEREOF,these presents have been executed, under seal, this 1 day of ,2023. Attest: GLEN ROCK BOROUGH COUNCIL By: Secretary President (BOROUGH SEAL) 10223591.1 York County Prothonotary Civil E-Filed - 27 Mar 2023 03:57:05 PM Case Number: 2023-SU-000871 COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF YORK ) On this 1 day of ,2023, before me the undersigned officer, personally appeared acknowledged that he/she is the President of THE GLEN ROCK BOROUGH COUNCIL,and that as such President, being authorized to do so, executed the within instrument for the purposes therein contained by signing as such President. IN WITNESS WHEREOF,I hereunto set my hand and official seal. Commonwealth of Pennsylvania - Notary Seal Marisa G. Baublilz, Notary Public York County My commission expires November 16,2026 Commission number 1427337 Member, Pennsylvania Association of Notaries 4 10223591.1 York County Prothonotary Civil E-Filed - 27 Mar 2023 03:57:05 PM Case Number: 2023-SU-000871 EXHIBIT A (Description of Property) BEGINNING at a point, said point being on the north curb line of Hanover Street; thence in and through lands n/f of Salvatore Cilluffo the following 2 courses & distances: 1) North six (06) degrees forty-five (45) minutes zero(00)seconds West a distance of fifteen and twenty hundredths(15.20)feet to a point, 2) North eighty-two (82)degrees fifteen (15) minutes zero (00)seconds East a distance of eleven and ten hundredths(11.10) feet to a point in Main Street; thence in and through Main Street South six (06)degrees forty-five (45) minutes zero (00) seconds West a distance of fifteen and twenty hundredths (15.20) feet to a point in Hanover Street; thence in and through Hanover Street South eighty-two (82) degrees fifteen (15) minutes zero (00) seconds West a distance of eleven and ten hundredths (11.10) feet to a point on the north curb line of Hanover Street, being the POINT of BEGINNING. Containing in area 168.73 sq. ft. or 0.004 Ac. 5 10223591,1 York County Prothonotary Civil E-Filed - 27 Mar 2023 03:57:05 PM Case Number: 2023-SU-000871 o K> U> 'O On m g'^ CO C I P o o <33 L K I c 2 Di