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Supreme Co: re6 ennsylvania York County Prothonotary Civil E-Filed - 8 Feb 2024 09:57:23 AM
oem cmenner rem
ae
Cour, {Commo
1 leas For Pratkomotary Use Onty:
i: ver.
Docket No:
S 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 L Petition
E1 Transfer from Another Jurisdiction El Declaration of Taking
Lead Plaintiff's Name: Lead Defendant’s Name:
See Schedule of Property Condemned In Rem Condemnor is the Cmwlth of PA, Dept of Transportation
Are money damages requested? [] Yes Dollar Amount Requested: El within arbitration timits
EF] No (check one) Eloutside arbitration limits
Is this a Class Action Suit? Yes El No Is this an MDJ Appeal? EI Yes E] No
Name of Plaintiff/Appellant’s Attorney: Justin J. Pike, Esq., Attorney for Condemnor PENNDOT
EE] Cheek 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
EI Malicious Prosecution Debt Collection: Credit Card [E] Board of Assessment
£1] Motor Vehicle 7] Debt Collection: Other E1 Board of Elections
FE] Nuisance Dept. of Transportation
EB] Premises Liability Statutory Appeal: Other
E] Product Liability (does not include
mass tort) EF] Empioyment Dispute:
FE] Slander/Libel/ Defamation Discrimination
EF other: [1] Employment Dispute: Other F] Zoning Board
D1 other:
FE] Other:
MASS TORT
1 Asbestos
Tobacco
Toxic Tort - DES
Toxic Tort - Implant
FA Toxic Waste REAL PROPERTY MISCELLANEOUS
Ey Other: EO Ejectment FE] Common Law/Statutory Arbitration
Eminent Domain/Condemnation E1 Declaratory Judgment
Ground Rent Mandamus
1 Landlord/Tenant Dispute Non-Domestic Relations
[1] Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial Quo Warranto
© Dental 1] Partition Replevin
oO Legal FE} Quiet Title Other:
Ey Medical 1 Other:
E] Other Professional:
Updated V/1/2011
York County Prothonotary Civil E-Filed - 8 Feb 2024 09:57:23 AM
Case Number: 2024-SU-000385
IN THE COURT OF COMMON PLEAS OF
YORK COUNTY, PENNSYLVANIA,
IN RE: CONDEMNATION BY THE NO.
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION, OF RIGHT-OF-
WAY FOR STATE ROUTE 0194,
SECTION 022, IN THE TOWNSHIP OF EMINENT DOMAIN PROCEEDINGS
FRANKLIN IN REM
DECLARATION OF TAKING
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
This Declaration of Taking, based on the provisions of Chapter 3, Section 302, of the
Eminent Domain Code, 26 Pa.C.S. § 302, respectfully represents that:
1 The Condemnor is the Commonwealth of Pennsylvania, Department of
Transportation, acting through the Secretary of Transportation.
2. The address of the Condermnor 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. 8. § 513(e), as amended, to acquire
by gifi, 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 November 8, 2023, titled “Drawings Authorizing Acquisition of Right-of-
York County Prothonotary Civil E-Filed - 8 Feb 2024 09:57:23 AM
Case Number: 2024-SU-000385
Way for State Route 0194 Section 022 R/W in York County,” a copy of which plan was filed in
the County Recorder’s Office as Instrument Number 2023044465 on November 15, 2023.
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 patt 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 and a temporary
construction easement.
9 In the event there are recoverable minerals (including gas and oil) within the areas
hereby condemned, 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. In the event there are utilities or utility rights-of-way within the areas of required
right-of-way hereby condemned, the real property rights, if any, of said utilities are hereby
excepted and reserved from this condemnation.
11. The payment of just compensation in this matter is secured by the
Commonwealth’s power of taxation.
York County Prothonotary Civil E-Filed - 8 Feb 2024 09:57:23 AM
Case Number: 2024-SU-000385
12, I, Barry J. Basom, P.E., Acting Chief, Right-of-Way, Utilities and Grade-
Crossing Division 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 knowled
ge, 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 and a temporary construction easement is hereby
condemned from the properties identified on the attached Schedule of Property
Condemned, as
indicated on the plans referenced in paragraph 7 above.
Pypnl: by
Barry J. Basom, P.E., Acting Chief,
Right-of-Way, Utilities and Grade-
Crossing Division
York County Prothonotary Civil E-Filed - 8 Feb 2024 09:57:23 AM
RW-437 (10/23) Case Number: 2024-SU-000385 Page of 11
SCHEDULE OF PROPERTY CONDEMNED
(Declaration of Taking)
pennsylvania
DEPARTMENT OF TRANSPORTATION
%
ROW OFFICE PROE.NO.] 930372
*TYPE OF TA “TYPE OF DESCRIPTION
COUNTY York PT- Partial Take D- Deed Description
S.R, — SECTION 0194/9022 TT- Total Take P- Plan lodged for recording with
MUNICIPALITY Franklin Township Notice of Condemnation
R- Plan now recorded in Recorder's
Office
[Attached]
“Type Name, Property Interest of Exhibit
Parcel Claim of Condemnees, Mailing Address, and |Number| “Type of Plan (if any)
No. Number Take Location of Condemned Property (if any) [Description Recorded in
16 6601390000 PT David E. Byers and Holly Byers, H/W R Instrument 4
(Record Owner) 2023044465
11 Bypass Road Sheet 8
Dillsburg, PA 17019
Bennington Investment Group, LLC
(Equitable Owner)
Phillip R. Garland, President
336 West King Street
Lancaster, PA 176003
Location of Condemned Property:
Book 2389 Page 1280
Tax Parcel # 29-000-NC-0095,MO-00000
Property Site Address:
Baltimore Road
Dillsburg, PA 17019
AS THEIR INTERESTS MAY APPEAR
30 6601391000 TT Unknown Owner R Instrument #
2023044465
Sheet 9
Location of Condemned Property:
State Route 0194 Section 022
Station 237+06.00 L to Station 289+48.3 L
Not Assessed for Tax Purposes
York County Prothonotary Civil E-Filed - 8 Feb 2024 09:57:23 AM
Case Number: 2024-SU-000385
IN THE COURT OF COMMON PLEAS OF
YORK COUNTY, PENNSYLVANIA
NO.
IN RE: CONDEMNATION BY
THE COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
OF RIGHT-OF-WAY FOR
STATE ROUTE 0194, SECTION 022,
IN THE TOWNSHIP OF FRANKLIN
DECLARATION OF TAKING
Justin J. Pike
Senior Counsel, Real Property Division
Supreme Court ID Number 313228
Commonwealth of Pennsylvania
Department of Transportation
Office of Chief Counsel
P.O, Box 8212
Harrisburg PA 17105-8212
Certificate of Compliance
I certify that this filing complies with the provisions of the Case
Records Public Access Policy of the Unified Judicial
System of Pennsylvania that require filing confidential
information and documents differently than non-confidential
information and documents.
Submitted by: PennDOT, Condemnor
Name: Justin J. Pike
Attorney No.: 313228
Preview
Supreme Co: re6 ennsylvania York County Prothonotary Civil E-Filed - 8 Feb 2024 09:57:23 AM oem cmenner rem ae Cour, {Commo 1 leas For Pratkomotary Use Onty: i: ver. Docket No: S 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 L Petition E1 Transfer from Another Jurisdiction El Declaration of Taking Lead Plaintiff's Name: Lead Defendant’s Name: See Schedule of Property Condemned In Rem Condemnor is the Cmwlth of PA, Dept of Transportation Are money damages requested? [] Yes Dollar Amount Requested: El within arbitration timits EF] No (check one) Eloutside arbitration limits Is this a Class Action Suit? Yes El No Is this an MDJ Appeal? EI Yes E] No Name of Plaintiff/Appellant’s Attorney: Justin J. Pike, Esq., Attorney for Condemnor PENNDOT EE] Cheek 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 EI Malicious Prosecution Debt Collection: Credit Card [E] Board of Assessment £1] Motor Vehicle 7] Debt Collection: Other E1 Board of Elections FE] Nuisance Dept. of Transportation EB] Premises Liability Statutory Appeal: Other E] Product Liability (does not include mass tort) EF] Empioyment Dispute: FE] Slander/Libel/ Defamation Discrimination EF other: [1] Employment Dispute: Other F] Zoning Board D1 other: FE] Other: MASS TORT 1 Asbestos Tobacco Toxic Tort - DES Toxic Tort - Implant FA Toxic Waste REAL PROPERTY MISCELLANEOUS Ey Other: EO Ejectment FE] Common Law/Statutory Arbitration Eminent Domain/Condemnation E1 Declaratory Judgment Ground Rent Mandamus 1 Landlord/Tenant Dispute Non-Domestic Relations [1] Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial Quo Warranto © Dental 1] Partition Replevin oO Legal FE} Quiet Title Other: Ey Medical 1 Other: E] Other Professional: Updated V/1/2011 York County Prothonotary Civil E-Filed - 8 Feb 2024 09:57:23 AM Case Number: 2024-SU-000385 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA, IN RE: CONDEMNATION BY THE NO. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT-OF- WAY FOR STATE ROUTE 0194, SECTION 022, IN THE TOWNSHIP OF EMINENT DOMAIN PROCEEDINGS FRANKLIN IN REM DECLARATION OF TAKING TO THE HONORABLE, THE JUDGES OF THE SAID COURT: This Declaration of Taking, based on the provisions of Chapter 3, Section 302, of the Eminent Domain Code, 26 Pa.C.S. § 302, respectfully represents that: 1 The Condemnor is the Commonwealth of Pennsylvania, Department of Transportation, acting through the Secretary of Transportation. 2. The address of the Condermnor 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. 8. § 513(e), as amended, to acquire by gifi, 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 November 8, 2023, titled “Drawings Authorizing Acquisition of Right-of- York County Prothonotary Civil E-Filed - 8 Feb 2024 09:57:23 AM Case Number: 2024-SU-000385 Way for State Route 0194 Section 022 R/W in York County,” a copy of which plan was filed in the County Recorder’s Office as Instrument Number 2023044465 on November 15, 2023. 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 patt 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 and a temporary construction easement. 9 In the event there are recoverable minerals (including gas and oil) within the areas hereby condemned, 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. In the event there are utilities or utility rights-of-way within the areas of required right-of-way hereby condemned, the real property rights, if any, of said utilities are hereby excepted and reserved from this condemnation. 11. The payment of just compensation in this matter is secured by the Commonwealth’s power of taxation. York County Prothonotary Civil E-Filed - 8 Feb 2024 09:57:23 AM Case Number: 2024-SU-000385 12, I, Barry J. Basom, P.E., Acting Chief, Right-of-Way, Utilities and Grade- Crossing Division 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 knowled ge, 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 and a temporary construction easement is hereby condemned from the properties identified on the attached Schedule of Property Condemned, as indicated on the plans referenced in paragraph 7 above. Pypnl: by Barry J. Basom, P.E., Acting Chief, Right-of-Way, Utilities and Grade- Crossing Division York County Prothonotary Civil E-Filed - 8 Feb 2024 09:57:23 AM RW-437 (10/23) Case Number: 2024-SU-000385 Page of 11 SCHEDULE OF PROPERTY CONDEMNED (Declaration of Taking) pennsylvania DEPARTMENT OF TRANSPORTATION % ROW OFFICE PROE.NO.] 930372 *TYPE OF TA “TYPE OF DESCRIPTION COUNTY York PT- Partial Take D- Deed Description S.R, — SECTION 0194/9022 TT- Total Take P- Plan lodged for recording with MUNICIPALITY Franklin Township Notice of Condemnation R- Plan now recorded in Recorder's Office [Attached] “Type Name, Property Interest of Exhibit Parcel Claim of Condemnees, Mailing Address, and |Number| “Type of Plan (if any) No. Number Take Location of Condemned Property (if any) [Description Recorded in 16 6601390000 PT David E. Byers and Holly Byers, H/W R Instrument 4 (Record Owner) 2023044465 11 Bypass Road Sheet 8 Dillsburg, PA 17019 Bennington Investment Group, LLC (Equitable Owner) Phillip R. Garland, President 336 West King Street Lancaster, PA 176003 Location of Condemned Property: Book 2389 Page 1280 Tax Parcel # 29-000-NC-0095,MO-00000 Property Site Address: Baltimore Road Dillsburg, PA 17019 AS THEIR INTERESTS MAY APPEAR 30 6601391000 TT Unknown Owner R Instrument # 2023044465 Sheet 9 Location of Condemned Property: State Route 0194 Section 022 Station 237+06.00 L to Station 289+48.3 L Not Assessed for Tax Purposes York County Prothonotary Civil E-Filed - 8 Feb 2024 09:57:23 AM Case Number: 2024-SU-000385 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA NO. IN RE: CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT-OF-WAY FOR STATE ROUTE 0194, SECTION 022, IN THE TOWNSHIP OF FRANKLIN DECLARATION OF TAKING Justin J. Pike Senior Counsel, Real Property Division Supreme Court ID Number 313228 Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O, Box 8212 Harrisburg PA 17105-8212 Certificate of Compliance I certify that this filing complies with the provisions of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania that require filing confidential information and documents differently than non-confidential information and documents. Submitted by: PennDOT, Condemnor Name: Justin J. Pike Attorney No.: 313228