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STEVEN M. SIPE Ind NANCY J.
SIPE, HII Wife,
Condemntt.
IN THE COURT OF COMMON PLEAS
CUMBERUND COUNTY, PENNSYLVANIA
VS.
CIVIL DlVISION.UW
EAST PENNSBORO TOWNSHIP,
Condemnor,
NO. 97-5385 CIVIL TERM
IN REM (EMINENT DOMAIN)
NOTICE OF FlUNG OF REPORT OF VIEWERS
TO: Steven M, Sipe
Nancy], Sipe
535 W, High Street
Hummelstown, PA 17036
Henry F, Coyne, Esquire
390] Market Street
Camp Hill, PA ] 7011
Enclosed herein please find report of the Board of View dated November 4, 1998,
concerning the premises owned by Plaintiff.Condemnee situate in East Pennsboro Township,
Cumberland County, Pennsylvania, The said report shall be tiled in the Office of the
Prothonotary of the Court of Common Pleas for Cumberland County on November 4, 1998, thc
report shall become final unlcss an appeal therefrom is tiled within thirty (30) days from thc date
the report is tiled.
Board ofVicw
\~MC(,,--
William A, Duncan, Chainnan . "
......
/' /;','-t' I ..-j/JtlC;-
Elmer R, Ritter
,
2. On October 1, 1997, the Township filed Notice of
Recording of the Notice of Filing the Declaration of Taking for
the drainage easement.
3. No Preliminary Objections were filed by the
Condermnees.
4. On April 21, 1998, the Township petitioned the
Cumberland County Court of Common Pleas for Appo,tntment of a
Board of View concerning the drainage easement condemnation
action.
5. On June 3, 1998, respectively, a Board of View
concerning the two pending cases was appointed consisting of
Attorney William Duncan, Elmer L, Ritter, R. Fred Hefelfinger.
6, On August 5, 1998, at 9:30 a,m. a view of the condemned
properties was held by the Board and was attended by all members
of the Board of View; Mr. Stephen Sipe, one of the Condemnees;
Henry F, Coyne, Esquire, Solicitor for the Condemnor; Lisa Marie
Coyne, Esquire, Deputy Solicitor for the Condemnor; William
Rothman, Appraiser for Condemnor; Robert L. Gill, Township
Manager; Mr. Richard Ernest, Township Code and Zoning Enforcement
Officer, and Joseph H. Bonarrigo, P.E" Township Engineer;,
7. Mr. William Rothman appraised the subject properties
for the Condemnor and a written appraisal signed by William
Rothman was submitted to the Condemnees and all members of the
Board of View,
8. During the View of Condemnees' property, Condemnor
Condemnee Stephen Sipe and the Board of View agreed to the
scheduling of the hearing on the drainage easement condemnation
action.
9. On August 11, 1998 at 9,00 o'clock a.m., the Board of
View convened a hearing concerning the pending condemnation
action. The Hearing was properly noticed and held in the Public
Hearing Room in the East Pennsboro Township Community and
Municipal Center Building, Second Floor, 98 South Enola Drive,
Enola, Pennsylvania.
10. Present at commencement of Board of View joint hearing
were the members of the Board of View; Lisa Marie Coyne, Esquire,
Deputy Solicitor, East pennsboro TownShip; and the following
witnesses: Robert L. Gill; William Rothman; Richard Ernest, Code
& Zoning Enforcement Officer.
11. Mr. Sipe, one of the named Condemnees, did not appear
at the hearing until approximately 10:00 a.m. at which time the
hearing was underway.
12. Although construction has begun regarding the Center
Street Relocation Project, no construction on Center Street has
occurred to date concerning Condemnees' property.
13. Township made payment on account regarding the drainage
easement for estimated just compensation in the amount of $3,000.
The monies, by order of Court, have been deposited with
Prothonotary.
14. Condemnees' property, to subject to the easement
acquired by condemnation by the Township, is currently encumbered
by a mortgage held by Pennsylvania State Bank of 2148 Market
Street, Camp Hill, Pennsylvania. Pennsylvania State Bank was
noticed of the condemnation proceedings and Board of View
proceedings.
15. The condemned property at issue is a portion of
Condemnees' subdivision known generally as Jar1in Farms which
consists of Phase I which contains 26 lots, and a residual area
generally known as Phase II. The subdivision is located in R-1
(Single Family Residential Zoning District) in the Township.
(Condemnor's Exhibit NO,l)
16. Condemnees' property is generally located at the
intersection of Browns Lane and Sgrignoli Lane and is adjacent to
an unopened street known as Penn Street. (R. 8,38)
17. Condemnees' subdivision contains pre-existing wetland
area as delineated by Condemnees' engineers. R. 9.10; Condemnor's
Exhibits Nos. 2 and 3)
18. The Township Subdivision and Land Development Ordinance
required Condemnees to establish a drainage easement for their
subdivision in order to control stormwater from their
deve\opment. (R. 10)
19. Part of the drainage easement established by Condemnees
for Phase I of Jarlin Farms also includes a pre-existing
designated wetland area. (R 12; Condemnor's Exhibits Nos. 2 and 3
20. The designated and established drainage easement was
required of Condemnees for their subdivision development whether
or not Center Street Relocation Project was constructed. (R, 13;
Condemnor's Exhibit No.3)
21. The drainage easement acquired by the Township in this
condemnation action from Condemnees is identical to the
pre-existing, designated drainage easement for the recorded Final
Plan of Jarlin Farms (Phase I). (Condemnor'S Exhibits Nos. 3 and
4)
22. The drainage easement required for Condemnees'
subdivision and drainage easement acquired by condemnation action
is located in the natural low lying area of Condemnees'
development known as Jarlin Farms. (Condemnor's Exhibit No.5)
23. A designated drainage easement precludes Condemnees
from building on the drainage easement. (R. 13)
24. The condition of Condemnees' pre.existing drainage
easement was such that it on the day of the View of the premises
by the Board of Viewers, the drainage easement contained standing
water and large overgrown vegetation and weeds. (R. 17;
Condemnor's Exhibits Nos. 7 through 12)
25. The drainage easement condemned by the Township
consists exclusively of the preexisting, designated drainage
easement through which a four feet (4') ditch will be located
down the middle of drainage easement which will convey stormwater
off Condemnees' property to recharge wetlands located off
Condemnees' property and which will, in turn, eliminate
Condemnees I current preexisting problElm of standing water in
drainage easement for Jarlin Farms. (R. 17-18)
26, Condemnees have not submitted a plan for development of
residual land generally referred to and designated as phase II,
Jarlin Farms,
27. As a result of the condemnation takings, and under
current Township Zoning Ordinanco for R- 1, Condemnees' Phase II
area would allow for the designation of eight (8) lots without
the need for any variances to construct housing similar other
houses built within Jarlin Farms, (R, 20-22)
28. Prior to the commencement of the condemnation taking,
Phase II area of Condemnees' propert y was conf igured to
accommodate eight (8) proposed normal-sized building lots.
29. William Rothman is a certified general real estate
appraiser for residential and commercial development and has
worked as an appraiser in the Cumberland County area since 1965.
(R. 27; Exhibit No.14)
30. Mr. Rothman personally inspected the Condemnees'
property at least four (4) times and was present during the View
of the subject property affected by the Condemnation Action.
31. The Market appraisal approach is the only applicable
method to appraise Condemnees' property.
32. Mr. Rothman reviewed the drainage plan for the
relocation of Center Street. (R. 33)
33. The Condemnees' average sale price for each of the
twenty-six (26) lots in Phase I of Jarlin Farms is Thirty-five
Thousand Dollars ($35,000.00). (R. 30)
34. The condition of the residual lot, i. e., the area
generally referred to as Phase II of Jsrlin Farms Plan, consists
of a pre-existing designated wetland area and a pre-existing
drainage easement which are not buildable. (R. 37; Condemnor's
Exhibits Nos. 2 through 6)
35. Whether or not Condemnees I property was condemned by
the Township for the construction and relocation of Center
Street, the Condemnees would still be required by applicable
subdivision and land development ordinance to build and maintain
a retention area to manage stormwater for their subdivision,
whereas once the Township acquired the drainage easement, the
Condemnees' would no longer had to maintain the drainage
easement. (R. 45 a 46)
36. Condemnees suhmi tted no appraisal or report as to
valuation of their property. P. 62)
37. Mr. Rothman valued Condemnees' land at Seven Hundred
Five Thousand Dollars ($705,000.00) before condemnation and it
consisted of unsold lots, street area, and pre.existing wetland
area and drainage easement. Condemnees agreed with Mr. Rothman's
before value of their land. (R. 31,76; Condemnor' s Exhibit
No.14)
38. Condemnees purchased the land in 1994 for One Hundred
Fifty Thousand Dollars ($150,000.00), (R. 76)
39. The after value of Condemnees' remaining property as
affected hy the condemnation for the drainage easement and a
related condemnation (NO. 98-2678 Civil Term) as to a lot is Six
Hundred Ninety- four Thousand Dollars ($694,000.00) according to
Mr. Rothman. The difference of Eleven Thousand Dollars
($11,000.00) was allocated by the Township's appraiser as Three
Thousand Five Hundred Dollars ($3,500.00) for the drainage
easement and Seven Thousand Five Hundred Dollars ($7,500.00) for
the taking specified in NO. 98 -2678 Ci vi! Term which proceeding
was separately conducted by a Board of Viewers appointed hy this
Court.
40. Mr. Sipe stated his opinion as to the value of the
condemned drainage easement is One Thousand Dollars ($1,000.00)
per eight (8) "lots" in Phase II of the Jarlin Farms suhdivision.
taken; and other factors as to which evidence may be offered. 26
Pa. C.S. Section 1-603
In determining the damages and fair market values of
properties which are condemned, the Board of View may rely on
expert opinion testimony. Moreover, it is the obligation of the
Condemnor to present expert opinion testimony as to valuation and
estimated just compensation. 26 Pa. C.S. Section 1-702. Whereas,
the Code permits the Condemnee, in his or her own right without
further qualification, to testify as to just compensation without
the required constraints of the Condemnor's expert. 26 Pa. C,S.
Section 1-704. In this case, the Board heard opinion testimony
from a qualified expert appraiser as well as the opinion
testimony of one of the Condemnees, Mr. Sipe.
D1.cu..1oD:
The condition of the Mr. and Mrs. Sipe's subdivision
immediately prior to condemnation and after condemnation have
generally remained the same. The Jarlin Farm subdivision
consisted of a phased development of land in which the Condemnees
were at the time of condemnation the owners of record of
approximately 15 subdivided lots and the street areas within
Jarlin Farm. The fifteen lots consisted of 14 lots in Phase I and
I large residual lot designated as Phase II of Jarlin Farms.
With regard to the value for the Condemnees' property
immediately betore condemnation, the parties were in agreement,
Both parties agreed with the Township's expert, Mr. William
Rothman, that the "before" value of the condemnees' land was
$705,000.00. In arriving at that value Mr, Rothman discussed in
great detail how he arrived at that fair market value for
condemnees' property. In doing so, condemnees did not refute nor
contradict Mr. Rothman's valuation process and market comparison
analysis, Therefore, one part of the just compensation
calculation can certainly be stated without dispute or
controversy, i. e., the before value of the land in question is
$705,000.00.
The other half of the just compensation calculation is the
"after" value of the remaining property as unaffected by the
condemnation. In this case, Mr, Rothman testified quite
extensively that the after value of the Condemnees' property was
$694,000 which value considered the effect of two takings; the
matter at hand and the related proceeding docketed at NO. 98-2678
Civil Term, After careful consideration the Board found the
difference in the before and after value of the property is a
decrease in value of $13,500.00 The Board considered Mr,
Rothman's testimony and allocation of the decrease as $3,500
caused by the Township's condemned drainage easement, but this
Board hereby assigns a value of $6,000.00 for the Township's
taking of the drainage Easement affecting the premises owned by
Condemnees.
In arriving at the Board's opinion on val uat ion, both Mr.
Rothman and Mr. Sipe clearly were in agreement as to the
condition of the property before and after condemnation. In that
regard, the evidence was uncontroverted that both the Township's
drainage easement acquired by condemnation and the Condemnees I
pre-existing drainage easement for Jarl in Farms are
one.in-the-same. As such Mr. Rothman opined that the change in
value to Condemnees' remaining property by virtue of the
condemned drainage easement was inconsequential and of nuisance
value in the amount of $3,500.00. Condemnee' s opinion was that
the value or loss to Phase II land as $1,000 per lot and since he
had "eight lots in Phase II, then he is entitled to $8,000."
Clearly, the Board's opinion as to damages is not exclusively
influenced by either party's testimony but considers the
testimony presented by both parties.
In this case, Condemnee conceded upon cross-examination that
he does not have an approved subdivision plan for Phase II of
Jarlin Farms, nor has he submitted one for approval, Furthermore,
it was established through the expertise of Mr. Richard Ernest,
Township Code and Zoning Enforcement Officer, that should
condemnees seek to develop PhallJe II of Jarlin Farms into eight
lots, the building envelopes for those potential lots would not
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HENRY F. COYNE
ATTO~NIEY AT LAW
3801 MARKET8TRIlET
CAM" HILL. "A 170' I
171 71 737.0.14
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09/30/1997 13:12
PAGE 81
EAST PENNSBORO TOWNSHIP
BOARD OF COMMISSIONERS
SPECIAL MEETING, AUGUST 27, 1997
Regular seesiol\
5:30 p.m.
A special meetinq of the East pennsboro Township Board of
Commissioners was held on wednesday, Auqust 27, 1997, at 5:30
p.m. at the Community and Municipal Center, 98 S. Enola Drive,
Enola, Pennsylvania.
Those present were: Commissioners ~ George DeMartyn,
President! Philip Sgriqnoli, Vice President; J4Dles Hertzler,
Dolores McAlister and Charlea Yohe; Robert L. Gill, Township
Manager; and Henry F. coyne, Township Solicitor/ Lisa Coyne/ and
Deborah Thornton, township staff.
t. CALL TO ORDER
President DeMartyn called the meetio9 to order. The Pledge
of Allegiance to the rlag was enunciated by all present.
Mr, Gill noted tor the board that the special meetinq of the
Board of COllll1lissioners was properly advertislild. The purpose for
the meeting is for considerationot the Center Street relocation
project.
Hr. Gill reported that on August 12 he received a phone call
from pennDOT for a status report with the right-at-way takings
and how it was proceedinq. PennDOT is required, by the first
week of September, to tile a form called with the Federal
government which allocates money for construction purposes of the
Federal lunded projects, ot which Center street is one. A form
also is being filed for the Overview Bridge project that
guarantees and sets aside the construction money under the
Federal rules and regulations. It must be done, according to
pennOOT, in the first week of September in order to guarantee
these funds for the nlilxt construction year.
w. reassessed our evaluation of property owners that have
either full takings or partial takinqs with reqard to the Center
Street relocation. We got letters out to t.he property owners
outlining a revised offer trying to settle with them. In that
letter it was stated the township is under the deadline of August
31 and it we did not receive at least a verbal commitment, that
we would have to file declarations ot taking because the township
Nust guarantee when PennDOT sub~it8 to the federal government the
right-of-way for Center Street relocation.
" "
EJ'H//J/ r ',4
If I
09/30/1997 13:12
7117327810
EASTPENNSBOROTWP
Board of commissioners
August 27, 1997
Page 2
The project will total ~7.2 million for construction coste,
preliminary plans, final plans, et cetera. The construction
costs sre estimated at $6 millionl $640,000 haa already been
spent in the preli~nary plan,
Mr. Gill noted that of the 40 properties that the township
has neqotiated for, 95 percent of which are township residentll,
possibly one and maximum of three poesibly will be outstanding
and for which the board may have to file tor taking.
Mr. Gill thanked all the township re~identa that he has
negotiated with for their cooperation during the negotiations.
Mr. Gill further reported that the township has received
donations as of today valued at $647,000 from pennsylvania Blue
Shield, East pennsboro Township has a donation of acreage through
the psrk, and Laurel Hills Development has donated. Other
donations are still being neqotiated.
Mr. Gill reported that the bid opening is scheduled for the
first week of Decemb&r. Construction would start the end of
February, the first week of March, as of today.
Mr. Coyne noted for the board and public's edification that
what would happen is any property owners with which an aqreement
could not be reached under the gminent Domain Code, the township
has the riqht to file a declaration of taking in the courthouse
in Carlisle, and then after a period of time the property becomes
the Township's, subject to a Board of View. They come out and
look at the site and then they have a hearing on it, the
appraiser testifies as to value as to the township as well as the
property owner's, and then they ultimately make a decision. And
then that decision within 30 days if either party, either the
township or property owner, is not satisfied they can go to court
and then the disposition of the court would be a trial by jury or
trial by judge alone. And if it is a trial by jury or judge
alone, the trial can come out and look at the site.
MOTION adopting Resolution No. 1997-18 of the Township of
East Fennsboro, Cumberland County, authorizing the necessary
condemnation for acquisition of right-of-way in accordance with a
plan submitted by PennDOT and recorded in the ~ecorder of Deeds
Office, and the acquisition of right-of-way would be by way of
eminent domain to acquire property from property owners who are
not willing to convey to the townShip, was made by Mr. Sgriqnoli,
seconded by Mr. Hertzler, and passed by a unanimous aye vote.
211'
09/30/1997 13:12
7177327910
EA5TPENN5BOROTWP
PAGE 03
Board of Commissioners
August 27, 1997
Paqe 3
Mr. Hert~ler commended the Township Manager and all the
staff o! the township for keepinq these construction projects at
the forefront, Center street and overview Bridge. As a result o!
Commissioner DeMartyn and Commissioner Sqriqnoli's leadership,
Center Street has been a top item. The staff keeps the board up
to date on it and the bOlrd tries to move it forwlrd II quickly
as possible and there have been some glitches with respect to
runninq into various elements of Federal and State bureaucracies,
but we have tried to do everything we can to move this forward.
Mr. Gill noted that the administrative statt has done an
outstanding job. The township could not have moved ahead as well
86 it has without their dedication. It has been an overall staff
ettort.
Mr. Coyne noted for the record that ultimately all the
aC~Ji8ition8, includinq the wetlands up in the Newville area to
rem.diate the takinq ot the wetlands will be assiqned to PennDOT.
Hr. Gill stated that it is a State road and even though the
township has acquired property, all the riqht of ways will be
qoinq to PennDOT and old Center street w~ll be going back to the
township. All the property purchases will be in the Township's
name and wa have to get it back to PennDOT's,
Mr. Coyne noted that this is a unique situation and some
area SolJ,citors have contacted him and asked. how East Pennsboro
has been able to do this without outside help, outside consulting
engineers.
President OeHartyn thanked everybody on staff who has come
through to get the townShip to this point.
Mrs. McAlister suggested that in renaming Center Street,
since the township has been a first class township since 1952 and
has had a BOArd ot Commissioners, it would bestow an honor to all
the Township Commissioners if it were named commissioner Drive.
It each person who has been a representative of the community
could attend the qrand openinq of Commissioner's Parkway or
Drive, it would be an honor.
MOTION adopting Resolution 1997-19 of the Township ot East
Pennsboro, Cumberland County, authorizinq the acquisition of an
easement for 9.0945 acres for construction ot replacement
wetlands in West Pennsboro Township, Cumberland County, for
mitigation purposes ot a portion of Center Street, was made by
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LAW OFFICES OF CRAIG A. DIEHL
3<184 TRINOLE ROAA 118W,H"NOVER STREET
CNIIP HILL. P" 17011 SPRING GROIIE, "" 17362
(717) 7e3-7e13 (717) 225-11l2i
F~(717)7e3<1283
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CERTIFICATE OF SERVICE
I, Henry F. Coyne, Esquire, hereby certlty that a true copy of Praecipe was served' u~on the
below.referenced individuals by First Cluss Mail, United Stutes Postal Service at:
Mr. & Mrs. Steven M, Sipe
535 W. High Street
Hummelstown, PA 17036
Dated:
J (, &~" erg
HENRYF. CO
3901 Market Stree
Camp Hill, PA 17011.4227
(717) 737-0464
Pa. S. Ct. No. 06250
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