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Home My WebLink About00-08327 .~. II -I< ~~;,ljj1'nl~" IN THE COMMONWEALTH COURT OF PENNSYLVANIA In Re: Condemnation by the Redevelopment Authority of the County of Cumberland of the Premises known and numbered as 110 West Penn Street, Carlisle, Cumberland County, Pennsylvania, being the property of Lindora Annetta Johnson -COH~~7 ~ (') * ~~~f 2~!_ ~~.. ,;~;-~'- >-~~ -(' t.O c::) ;"~) f") -Oil -~ l""-,} f...,) Lindora Annetta Johnson, Appellant v. Redevelopment Authority of The County of Cumberland No. 1151 C.D. 2002 PER CURIAM ORDER NOW, September 5, 2002, upon consideration of appellee Redevelopment Authority of the County of Cumberland's application to dismiss, to which no answer has been filed, and it appearing that the issues briefed by appellant were waived by her failure to filed preliminary objections to the declaration of taking, and that such issues are not reviewable in an appeal from a decision by a Board of View, the application is granted. The appeal is dismissed. Certiffed froin the Record , SEP - 6 2002 anQ 0I'dIr EM 01 t ~ ~ -,. > . .'" I... < "~ ~!"' File Copy Cmnmonwealth Court of Pennsylvania Charles R. Hostutler Deputy Prothonotary/Chief Oetk November 12,2002 Room 624, Sixth Floor Barrisb""" P A 17120 717-255-1650 TO: RE: Redevelopment Auth, et al v, Tyler, 0, No,1151 CD 2002 Trial Court/Agency Ok!. Number: 00-8327 Trial Court/Agency Name: Cumberland County Court of Common Pleas Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record for the above matter. Contents of Original Record: Original Record Item trial court record Date of Remand of Record: Filed Date May 14, 2002 Description 1 Enclosed is an additional copy of the certificate, Please acknowledge receipt by signing, dating, and returning the enclosed copy t:;,,",othonotary Office orthe Chief Clerk's office,' ef<:' ~W~ ~ Commonwealth Court Filing Office ~4~ jQnaruJ~ I ~ d fuL--tp MU~' Printed Name 0 Date o ~ .:ui't: j ,"~; " , ;:~;j ./ : ey; :1' Be: ~~ -<: ,--. ,,~ \.0 ~ f'-' ':''::J, 51 -, /Y ,/' "J ."< Ih. .i""''''"'lilillli1ilf:{;) 0< ; . ."L. b ":"''1''''"7\'. ~iY':~'~. CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PENNSYL VANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P, 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: REDEVELOPMENT AUTHOIRTY OF CUMBERLAND COUNTY CONDEMNOR Y. LINDORA ANNETTA JOHNSON, CONDEMNEE 00-8327 CIVIL TERM 175 MDA 2002 The documents comprising the record have been numbered from No.1 to 123 , and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 4/1/02 , An additional COPy of this certificate is enclosed. Please sil!n and date COPy, thereby acknowledl!inl! receipt of this record. Signature & Title Date ",. L 11-' &. '1 t~ .1 - ~ ~ I I . , , : ,ce', (-"", A. "_' o o Among the Records and Proceedings enrolled in the court of Common Pleas in and for the county of to No, COpy OF CUMBERLAND 175 MDA 2002 00-8327 CIVIL in the Commonwealth of Pennsylvania Term, 19 is contained the following: COMPLETE DOCKET ENTRY REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY, CONDEMNOR v. LINDORA ANNETTA JOHNSON, CONDEMNEE SEE ATTACHED CERTIFIED DOCKET ENTRIES i I, II -~~-~ PYS510 2000-08327 ,--_.._U 'II 1 " ~'-y. Wlki'lMlilk ,. ~" . .~ o o Cumberland County Ci vil Case REDEVELOPMENT AUTHORITY OF Prothonotary's Inquiry CC (vs) Office Page 1 JOHNSON LINDORA ANNETTA Filed, ' , , , , , ,: 11/29/2000 Time, , , , . , , . , : 9: 40 Execution Date 0/00/0000 Jury Trial. , , , Disposed Date. 0/00/0000 Higher Crt 1.: 175 MDA 2002 Higher Crt 2,; Reference No, , : Case Type,.",: DECLARATION OF TAKING Judgment"",' ,00 Judge Assigned: Disposed Desc, ; ------------ Case Comments ------------- ******************************************************************************** General Index Attorney Info REDEVELOPMENT AUTHORITY OF THE CONDEMNOR COUNTY OF CUMBERLAND COUNTY 114 NORTH HANOVER STREET CARLISLE PA 17013 JOHNSON LINDORA ANNETTA CONDEMNEE 1416 BRADLEY DRIVE H212 CARLISLE PA 17013 HOUSTON CHRISTOPHER C ******************************************************************************** * Date Entries * ******************************************************************************** PAGE 1\1). 1 - 10 11/29/2000 11 11/29/2000 12 12/20/2000 15 - 27 1/18/2001 13 - 14 1/22/2001 28 1/25/2001 29 - 31 9/14/2001 34 - 40 10/19/2001 32 10/24/2001 33 11/01/2001 41 - 45 1/04/2002 47 - 52 1/24/2002 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - DECLARATION OF TAKING - PROPERTY OF LINDORA ANNETTA JOHNSON 110 WEST PENN STREET CARLISLE CUMBERLAND COUNTY ------------------------------------------------------------------- MEMORANDUM OF FILING OF NOTICE OF CONDEMNATION IN THE OFFICE OF THE RECORDER OF DEEDS IN DEED BOOK 235 PAGE 29 HVING BEEN FILED OF RECORD ON THE 29TH DAY OF NOVEMBER 2000 - CHRISTOPHER C HOUSTON ESQ ATTY FOR REDEV ATHY OF CUMB CO ------------------------------------------------------------------- ACCEPTANCE OF SERVICE - SERVED NOTICE OF CONDEMNATION BY CERTIFIED MAIL - BY CHRISTOPHER C HOUSTON ATTY FOR PLFF ------------------------------------------------------------------- PETITION FOR APPOINTMENT OF BOARD OF VIEWERS - BY CHRISTOPHER C HOUSTON ESQ FOR DEFT ------------------------------------------------------------------- ORDER - DATED 1/22/01 - IN RE PETITION FOR APPOINTMENT OF BOARD OF VIEWERS - REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND THE COURT APPOINTS WILLIAM DUNCAN ESQ CHAIRMAN FRED HEFFELFINGER AND ELMER RITTER ESQ - BY THE COURT GEORGE E HOFFER PJ COPIES MAILED 1/23/01 ------------------------------------------------------------------- ORDER OF COURT - DATED 1/24/01 - COURT HAVING BEEN INFORMES THAT FRED HEFFELFI!GER IS A MEMBER OF THE REDEVELOPMENT AUTHORITY - THE ORDER OF 1/2201 APPOINTING HIM TO THE BOARD OF VIEW IN THE ABOVE MATTER IS VAC TED AND JAMES P SHEYA SHALL BE APPOINTED IN HIS STEAD - THE APPOINTMENT OF WILLIAM DUNCAN ESQ CHAIRMAN AND ELMER RITTER SHALL REMIAN - BY THE COURT GEORGE E HOFFER PJ ------------------------------------------------------------------- REPORT OF BOARD OF VIEWERS WILLIAM L DUNCAN ESQ CHAIRMAN ELMER L RITTER AND JAMES P SHEYA BILLED COUNTY 10/02/01 ------------------------------------------------------------------- AMENDED NOTICE OF APPEAL FROM DETERMINATION OF REPORT OF VIEWERS - MELVIN G M WALWYN ESQ - ATTY FOR APPELLANT JOHNSON ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR TRIAL - BY CHRISTOPHER C HOUSTON ESQ FOR DEFT ------------------------------------------------------------------- ORDER OF COURT - DATED 11/1/01 - A BENCH TRIAL WILL BE CONDUCTED AT 1:30 PM ON 12/12/01 IN CR 2 OF THE CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 11/2/01 ------------------------------------------------------------------- ORDER OF COURT - DATED 1/4/02 - IN RE EMINENT DOMAIN - NO DAMAGES ARE AWARDED TO LINDORA ANNETTA JOHNSON AS A RESULT OF THE DECLARATION OF TAKING ON 12/10/1994 OF 110 WEST PENN STREET CARLISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 1/4/02 ------------------------------------------------------------------- PETITION OF THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND FOR WRIT OF POSSESSION - BY CHRISTOPHER C. HOUSTON ESQ ..- I~ I < ~ ~'~ >'" Ii : """'.~'~ ("j "-' o PYS510 Cumberland County Prothonotary's Office Page 2 Civil Case Inquiry 2000-08327 REDEVELOPMENT AUTHORITY OF CC (vs) JOHNSON LINDORA ANNETTA PAGE 00. 46 Reference No" : Case Type,..,.: DECLARATION OF TAKING Judgment", '" ,00 Judge Assigned: Disposed Desc, ; ------------ Case Comments ------------- 1/29/2002 Filed, , , , , . , .: 11/29/2000 Time.....,...: 9:40 Execution Date 0/00/0000 Jury Trial"" Dtsposed Date, 0/00/0000 Hlgher Crt 1,: 175 MDA 2002 Hiqher Crt 2,: RULE c DATED 1/29/02 - IN RE PETITION OF REDEVELOPMENT AUTHORITY OF THE CUMBERLAND COUNTY - A RULE IS GRANTED UPON LINDORA ANNETTA JOHNSON TO SHOW CAUSE WHY A WRIT OF POSSESSION SHOULD NOT ISSUE - PURSUAT TO 25 P S 1-407 A THIS RULE RETURNABLE 5 DAYS ATER SERVICE UPON CONDEMNEE - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 1/30/02 -------------------------------------------------------------- NOTICE OF APPEAL TO SUPERIOR COURT FROM THE OPINION AND ORDER FO 1/4/02 BY LINDORA ANNETTA JOHNSON PRO SE ------------------------------------------------------------------- SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 175 MDA 2002 ------------------------------------------------------------------- PETITION TO MAKE RULE ABSOLUTE - BY CHRISTOPHER C HOUSTON ESQ FOR PETITIONER ------------------------------------------------------------------- ORDER - DATED 2/13/02 - IN RE PETITION OF REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND FOR WRIT OF POSSESSION AND THE PETITION TO MAKE RULE ABSOLUTE IT IS HEREBY ORDERED THAT THE RULE IS MADE ABSOLUTE AND A WRIT OF POSSESSION SHALL ISSUE FOR THE PROPERTY LOCATED 110 WEST PENN STREET CARLISLE CUMBERLAND COUNTY PA AGAINST LINDORA ANNETTA JOHNSON CONDEMNEE - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 53 - 57 1/31/2002 58 - 60 2/05/2002 62 - 68 2/11/2002 61 2/13/2002 69 71 - 122 123 2/14/2002 PRAECIPE TO ISSUE WRIT OF POSSESSION - BY CHRISTOPHER C HOUSTON ESQ FOR DEFT $1,00 COUNTY PD ------------------------------------------------------------------- 3/13/2002 SHERIFF'S RETURN (WRIT OF POSSESSION) SHERIFF PAID $1,00 COUNTY SHERIFF CAUSED WITHIN NAMED REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND TO HAVE POSSESSION OF 110 WEST PENN STREET CARILSE, PA. SHERIFF COSTS PAID $73.89 PD ATTY ------------------------------------------------------------------- 3/13/2002 TRANSCRIPT FILED - BY THE COURT EDGAR B BAYLEY J - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - EXHIBITS ******************************************************************************** * Escrow Information * * Fees & Debits Beo Bal PvmtS/Adl End Bal * *****************************************~************************************** 70 DECLAR/TAKING 35,00 35,00 .00 TAX ON DECLAR ,50 .50 .00 SETTLEMENT 5,00 5,00 ,00 JCP FEE 5.00 5,00 .00 APPEAL 30.00 30.00 .00 WRIT OF POSSESS 15,00 15.00 ,00 SHFF RETURN FEE 1. 00 1. 00 ,00 ------------------------ ------------ 91. 50 91,50 ,00 ******************************************************************************** * End of Case Information * ******************************************************************************** :rRuE ,(.;Opy FROM' RECORD In JestImony whereof. I hef.lInto 811111J haIII .:tIte _ of saoa J'rt ., ea_ .... Y 'r ~Oti~ c0I I: "11 1 'II 1"11 ': -"- i ,', ,. " r't t'~"' -'-'", o o Commonwealth of Pennsylvania County of Cumberland } Ss: In TESTIMONY WHEREOF, I have this 1st I, Curtis R. Lonq , Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy ofthe whole record of the case therein stated, wherein Redevelopment Authoritv of Cumberland Co.. Condemnor Plaintiff, and Lindora Annetta Johnson, Condemnee Defendant _, as the same remains of record before the said Court at No, 00-8327 of Civil Term, A,D, 19_, hereunto set my hand and affixed the seal of said Court day of A ril A, D" AAQ2 , Prothonotary I, George E. Hoffer President Judge of the Ninth Judicial District, composed of the County of Cumberland, do certify that Curtis R. Lonq , by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is Prothonotary in and for said County of Cumberland in the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith and credit are and ought to be given as well in Courts of judicature as elsewhere, and that the said record, certificate and attestation are in due form of law and made by the e of ce Commonwealth of Pennsylvania County of Cumberland } ss: I, Curtis R. Lonu , Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable George E. Hoffer. P. J . by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 1st day of A il A.D, I~002 , Prothonotary ~"~~~.~~~w~~,'li~1i~~~~#_NIiI1l.P.ill'i'ftt~d -fi~r.mi-It'-- .'it r'fm-,Ld!( j l l1JI1liilM~jj.__~ iIl!-~ 1.M1ll:." . . '" n :;" 0 'T1 Z Z '" 0 0 " ~ " " ;:; ~ 3 :;r 0 ~ 3 ~ ~ " 0- I'l '" ~ '" I'l 0- ~ :!1 ." " - 0- .. < .., '" - " t'1 ~ ~ " t: ~ " t'1 ." n "" "" 0 0 " " ;c " ~ ~ 0 " 3 3 0 '"' n 0 ~ I 0 '"' '"' t: I I ':' ~ ::l ~ '< ~_",~ "~~_, ,_ ~.~.~~J~.""_",_,, ~ ,~, - , ,-~, "'". . ,~- _. _~" ,_~~__~ ft,_ ~'~'" r, ~," ,,-,;,.- - ~_ "' . . .. I.. i.~_.',;.".".:d ., " o o (#"<1;' , IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO,OO- 2'3.2 7 CIVIL TERM CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 110 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF L1NDORA ANNETTA JOHNSON EMINENT DOMAIN PROCEEDING DECLARATION OF TAKING Pursuant to the authority granted to it at 35 P,S, 1712,1 of the Urban Redevelopment Law and 26 P,S, 1-101, et seq" the Eminent Domain Code, the Redevelopment Authority of the County of Cumberland hereby declares: 1 The Condemnor is the Redevelopment Authority of the County of Cumberland, with its principal place of business being located at 114 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2 Pursuant to 35 P,S, 1712,1 (a), Condemnor has the power to acquire by eminent domain any property properly certified to Condemnor as a blighted property, 3 The Cumberland County Vacant Property Reinvestment Board (hereinafter the "Board") by Resolution dated August 18, 2000, certified the premises hereinafter described (hereinafter the "Premises") to Condemnor as a blighted property, (. ~ ,. <-, I .L. ~ " " &-~ ~,cl -" ~ ._np .' '-'''''ki(, .' o o '. 4 On September 18, 2000, the Cumberland County Planning Commission did certify the Premises as a blighted property to Condemnor and did submit a recommendation to Condemnor as to the appropriate reuse of the Premises, 5 On September 28, 2000, the Borough of Carlisle Planning Commission did certify the Premises as a blighted property to Condemnor and did submit a recommendation as to the appropriate reuse of the Premises. 6 The appropriate reuse of the Premises, as recommended by the aforesaid Planning Commissions, as a vacant lot, is not inconsistent with the Comprehensive Plan of the County of Cumberland nor the Borough of Carlisle, 7 The purpose of the condemnation is to acquire a blighted property that has been certified as a blighted property in accordance with the provisions of 35 P.S, 1712,1, as amended, and to dispose of said property in accordance with the recommendations of the aforesaid Planning Commissions, 8 The interest in the property hereinafter described is hereby condemned in fee simple or absolute title by the Condemnor pursuant to the Urban Redevelopment Law at 35 P,S, 1712,1, as authorized by Resolution adopted by the Condemnor on the 15th day of ) "~ ~, I.J '~'.'~~p' o o November, 2000, A copy of the Resolution is attached as Exhibit "A." The original Resolution may be examined at the offices of the Condemnor at the above address, 9 A description of the Premises condemned sufficient for its identification is set forth in the attached Exhibit "8," 10 On the same day as this Declaration ofTaking is being filed with the Prothonotary, a Notice of Filing of Declaration of Taking is being filed in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in accordance with Section 404 of the Eminent Domain Code, 26 P,S, 1-404, 11 The nature of the title acquired in and to the property is a fee simple or absolute title, 12 The Condemnor files with this Declaration of Taking an open-end bond without surety pursuant to Section 403(a) of the Eminent Domain Code, 26 P,S, 1-403(a), Just compensation is made or secured by the filing of the bond, A copy of the bond is attached as Exhibit "C," 3 " o ATTEST: GO u~ ~etary F:\HOUSTON\110DECL,WPD j'~ :,;:: o REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND ~~ By .,~, r' .' Ji mie C, George' ' Chairman ristopher . Houston, Esquire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 4--. I~ '-"~hjli~ " o o I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND o ~ Qj~'f . By , ~ Christopher Gulotta' Executive Director --- 6 Z; ~ " ~~ , '. " o " o EXHIBIT "A" RESOLUTION AUTHORIZING THE FILING OF A DECLARATION OF TAKING AND ALL NECESSARY ACTION FOR THE ACQUISITION THEREOF OF THE PREMISES LOCATED AT 110 WEST PENN STREET CARLISLE, CUMBERLAND COUNTY, PA WHEREAS, Ordinance No, 99-1 of the County of Cumberland created and empowered the Cumberland County Vacant Property Reinvestment Board (hereinafter the "Board") to act with regard to blighted properties, as that term is defmed in the Ordinance and the Urban Redevelopment Law; and WHEREAS, the Board had reviewed conditions existing at 110 West Penn Street, Carlisle, Cumberland County, Pennsylvania (hereinafter the "Premises"); and WHEREAS, the Board had determined that the Premises was vacant and exhibited one or more of the conditions of a blighted property as set forth in Ordinance No, 99-1; and WHEREAS, the Board adopted a Blight Determination Resolution No, 2000-7 determining that the Premises is blighted; and WHEREAS, the property owner of the Premises, Lindora Johnson (hereinafter the "Owner"), had been served with the Blight Determination Resolution No. 2000-7 and notified of her right to appeal the determination or provide a rehabilitation plan; and WHEREAS, the Owner did not file an appeal nor did she file a rehabilitation plan; and WHEREAS, the Board adopted a Second Resolution No, 2000-9 certifying the Premises to the Redevelopment Authority of the County of Cumberland as blighted; and WHEREAS, in accordance with the provisions of the Urban Redevelopment Law and the Rules and Regulations of the Board, a report on the Premises was transmitted to the Planning Commission of the County of Cumberland and the Planning Commission of the Borough of Carlisle for those commissions to make their own determination as to whether the property was blighted and to submit a recommendation as to the appropriate re-use of the Premises; and WHEREAS, on September 18, 2000, the Cumberland County Planning Commission determined that the Premises is blighted and recommended with the re-use plan to demolish the building and not rebuild on the site; and WHEREAS, the Borough of Carlisle Planning Commission determined on September 28, 2000, that the Premises is a blighted property and did concur with the recommended re- use of the Premises; and ~, ,'~~' " x\- ~ II _ , .' " o o WHEREAS, the Redevelopment Authority had previously attempted to negotiate the acquisition of the Premises in lieu of condemnation without success; and WHEREAS, in accordance with the Urban Redevelopment Law, as amended, the Redevelopment Authority is authorized to acquire title to the Premises through eminent domain proceedings, NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Authority of the County of Cumberland, in accordance with authority conferred by law, accepts the certification of the Premises located at 110 West Penn Street, Carlisle, Cumberland County, Pennsylvania, as a blighted property and does further select and appropriate for acquisition and disposition in accordance with law the Premises, which are more fully described: ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, being more fully bound and described as follows, to wit: On the North by West Penn Street; on the East by property now or formerly of Adophus S, and Sivilin p, Barnes; on the South by property now or formerly of W, Frank: Walters; on the West by property now or formerly of William Line and Walter Line, Containing 16 feet 4 inches, more or less, in front on West Penn Street and extending in depth 81 feet 6 inches and being improved with a dwelling known as No, 110 West Penn Street. Carlisle, Pennsylvania, RESOLVED that the title to be acquired shall be absolute or fee simple title, including all easements, rights of way, and real property interests of whatsoever nature, RESOLVED that counsel for the Redevelopment Authority and its proper officers are hereby authorized to file a Declaration of Taking and such other proceedings, including the entry of such bond as may be necessary or desirable, to carry out the purpose of this resolution, RESOLVED that the institution of such proceedings, and any damages which may be agreed upon or awarded to any party in interest shall be paid out of the funds of the Redevelopment Authority, (ff~ 1:1 ~(?~ ~irman Date: ;1Idcl IIM.~,^ J ~"', .;1,,~ . F:\Hous'on\llORESOL. WPD !; " ~.- t:.j 7 I. _~" ,,,,,"'__,, '.. .- o Q EXHIBIT "B" LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, being more fully bound and described as follows, to wit: TRACT 1: On the North by West Penn Street; on the East by property now or formerly of Adophus S, and Sivilin p, Barnes; on the South by property now or formerly of W, Frank Walters; on the West by property now or formerly of William Line and Walter Line, Containing 16 feet 4 inches, more or less, in front on West Penn Street and extending in depth 81 feet 6 inches and being improved with a two story dwelling known as No, 110 West Penn Street, Carlisle, Pennsylvania, ? - "- 'I...... . - ~ .,- j, ~.~~~I . . o o >. EXHIBIT "e" BOND KNOW ALL MEN BY THESE PRESENTS, that a Declaration of Taking having been filed the 29'fH day of November , 2000, by the Redevelopment Authority of the County of Cumberland (the "Obligor"), a body corporate and politic and existing under the laws of the Commonwealth of Pennsylvania, being held and firmly bound unto the Commonwealth of Pennsylvania (the "Obligee") for the use and benefit of the owner or owners of the property condemned as hereinafter noted, and other proper parties in interest, for such amount of damage as the owner or owners of the property and other parties in interest shall be entitled to receive after the same shall have been agreed upon or assessed in the manner prescribed by law, by the reason of the condemnation by Obligor of certain land improvements located in the Borough of Carlisle, Cumberland County, and described as follows: ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, being more fully bound and described as follows, to wit: On the North by West Penn Street; on the East by property now or formerly of Adophus S, and Sivilin p, Barnes; on the South by property now or formerly of W, Frank Walters; on the West by property now or formerly of William Line and Walter Line. Containing 16 feet 4 inches, more or less, in front on West Penn Street and extending in depth 81 feet 6 inches and being improved with a dwelling known as No, 110 West Penn Street, Carlisle, Pennsylvania, BEING the premises of Lindora Annetta Johnson to which payment well and truly to be made, the Obligor does bind itself and its successors and assigns, firmly by these presents, WHEREAS, the Obligor has condemned said property and it cannot agree with the owner or owners of said land and buildings upon the just compensation to be paid for the damages sustained by said owner or owners as a result of the condemnation: NOW THE CONDITION of this Bond is such that if the Obligor shall payor cause to be paid such amount of damages as the said owner or owners of the property and other parties in interest shall be entitled to receive by reason of such condemnation, after the same shall have been agreed upon or assessed in the manner provided by law, then this obligation shall be void; otherwise, to be and remain in full force and effect. { I '~ II o o " SEALED with the corporate seal and duly executed this 2. 'i! ~ay of No u e.W\ ~V\ 2000. ATTEST U Secretary REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND UJU~ ~~ I ! ' I ~ ' I .'-<-0 B, ~~- , mie C. Georg .,. Chairman F:\HOUSTON\110BOND,WPD L. "~~.oi.t /D .""" ~jil_i~~iiiiilMi~a~,f'i';nffl"hi<4lli!,'"i"4"':""';"I.\'&-!~W_'~""-~,;;tl%'ig"~_~'bi:6}""';*,i(;j;;!Hc;~~~~*~j;~~~'-"'~ ~~",'l&lIiili~""~~-'~' ,'- ~~<~ . itt.1: " ~\ W A", 'VII' ~', . C) ~; --::' ;.,~ L ~ ; i~' .~< -. J .'-::1 (/J 1'-,,) 1,C) ~,., '<.~" ; , --1.._ cO -'::'i:" -,-, i,~FI;\ :-.~,,; ~J -< ~) --j -< c::> ~ ~r ~I' 'f It .., ~' ~ -\" ~ f1\,?> d e ~ p ~ t (:) ~:;, \2 r \' I" r i~, " .~; lI'\ ':~ ',"" \:,: , , .." . ~o<, ~~ o IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 110 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF L1NDORA ANNETTA JOHNSON d I ~,~; o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 00- 8) 1. 1- CIVIL TERM EMINENT DOMAIN PROCEEDING MEMORANDUM OF FILING OF NOTICE TO THE PROTHONOTARY: Notice of the above-captioned condemnation is recorded in the Office of the Recorder of f)ee~ Deeds in and for Cumberland County, Pennsylvania, in ~, Book Z'3 f' ,Page ~:=J. r"'- J having been filed of record on the :2.1 dayof IV'ove""''''fv- ,2000. ~ He,,,,,", ""';'" Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 Date: IlIOwIN\beV' -:l"f. ;;'OcN , F:\HOUSTONl 110MEMO.wPD n m _~iil!iiff~~~D~fii~!iI~~m~0J<'"ioilliiM"'1~_;;'ki!,t~i,;:~j4'-'iJ"ilfi;0t..".~''''''~'.f_ii-,;;",~'i#:';4,~~~~&i!~~I~~~ j!'l!L~\ \~V' Ql (') c- o=- :JJr-> , ; f ,~, ~f lij- !~.~~' ,fill '"'< '-lliiIiL-~'~""'~ en -- :;.~ .---.,,,,, ,-, ',_.J ~-'::: i"'-,,; t.O ~t~ C'J (:::) t~: ,-:~' f'C, '-f, :'i --'.,) ~'j :T: ;-1 ~ , . .. o INRE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 110 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF L1NDORA ANNETTA JOHNSON :11 I , '. ~ -. J ~ ~ '. o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 00- 81 < :r CIVIL TERM EMINENT DOMAIN PROCEEDING AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss Christopher C, Houston, being duly sworn according to law, deposes and says that he served a Notice of Condemnation, a true and correct copy which is attached hereto, by certified mail to Lindora Annetta Johnson, owner, on the b 1"1 day of _pe. C 1:"'" !,p..., , 2000, as evidenced by the attached return receipt. ~ Christopher C, Houston Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 Sworn and subscribed to #J before me, this /1/ day of~~,2000. ~::7~ Notary Public F:\HOUSTON\110AFF,WPD NOTARIAl. IlEAl. KAREN F. BVERS, NOTARV PU8L1C CARl.ISlE BORO. CUMBERlAND CO.. PA MV COllllilS1llON EXPIRES MARCH II, 2003 IJ , .ni_~~iii-ig~~'{HiMt~\lJ;iJ!f$fjtMi,",*iifA;;:;"~iN,;i!>iiilBi;i;dj.~",(:q-~~_~~9'~'~~~_:>' _d ;""~"';,-~.;" ~'; """',...~ -,-;" Iilti: r~1&. '.J-~"'~'"'""iiiaillilllillilli ~" '.""C,I" .1' . ,~~~ -~- 0 r:::;: ~~{ C CJ s: C) ""r'.JC-: iT) rTlr':;::: C"') Z=;~i -- 4t:~" f'''0 ' , , , ~:~~- >i::'::> ("1 :.. t;::: C:., ~~ '~:l\~ )> -.-.--;-. ,- ~:)7:~ Z C'. _7'-./ >- " (~5rn C Z :;i ~ ~ :J:J -< .~ -< " - :1 ~ i Ii II I I I, Ii Ii II " ,i i! (I U ,II II II II 'I " ~I .-i I, I [ II 'I 11 " I , , i . T "' .. . Cornplete~e';'~ U) .~d 31 Ai~i:tm.ie! I item 4 if Restrict~d 'Oellilte.y is Il~siled, ' i .. Pl"int your name and address on the revers,e 50 that we can return the card to you. . Attach this card to the back of the mail piece. or on the front if space permits. ' 1. Article Addressed to: LINDORA JOHNSON 1416 BRADLEY DR - H-21 CARLISLE PA' 17013 _ft_rvice Type ~ertified Mail ,D Registered l' 0 Insured Mail , ~ ^ o Agent Addressee DYes !9 No o Express Mail o Return Receipt for Merchandise o c,o.o, 4. Restricted Delivery? (Extra Fee) ( i ' ! :; !i ! i ( : Domestic Return Receipt ltWes 102?9S-00'M-0952 " , ~ "1.1. .L~ ..,L,_ 11.. ~J"""''='.l1i''! . o o 'f'-- H'''~ ~AN 1 9 200tJ/J IN RE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 00-8327 CIVIL TERM CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 110 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF L1NDORA ANNETTA JOHNSON : EMINENT DOMAIN PROCEEDING L1NDORA AN NETTA JOHNSON, Plaintiff v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant ORDER AND NOW, this :'<.h?l..dayof r~/' 2001, upon consideration of the Petition of the Redevelopment Authority of the County of Cumberland, the Court appoints: , 'aJ~ ~ 34~~ ~Wf i~Y~f;::J~~J / . as a Board of Viewers to assess damages in the condemnation and further orders that the Board of Viewers perform its duties in accordance with the law and acts of Assembly and grants leave to the Board of Viewers to issue an interlocutory report or interlocutory reports covering such property or claims as the Board of Viewers determines appropriate, (~ I I I rm ._~"'~ ,-- , I' FILED-DfFICE OF Tf-;~ PROTHONOTARY 01 JAN22 PM 3114 CUf\.1BERLAND COUNTY PENNSYLVANIA ",' . I'" <,.~" ."'>~~ '~,,'., "'=~ ,~ . ~ ,- I!I'iII!l1t1A,l!~..."".,.,lIil4Jllll!illlf~_"m"!!'''''!'~''~!!!ffl'f~f!:_~~~!lJ''*'''''P-C..".-". ,~, \~' "",,-,,-,.,-,"" ";W1'J~'~N,,*~!iIlW,m;~~J!!~~~~ I..l. ~" " , o , . o y . ~,D\ l~O\'}~~ I: ,I ~:';-"v) J, I~ " =~ II' Ii ~ """"'~""'""~-!, o o F:\HOUSTON\110BDV.wPD IN RE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 110 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF L1NDORA ANNETTA JOHNSON : NO, 00-8327 CIVIL TERM : EMINENT DOMAIN PROCEEDING L1NDORA ANNETTA JOHNSON, Plaintiff v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant PETITION FOR APPOINTMENT OF BOARD OF VIEWERS The Petition of the Redevelopment Authority of the County of Cumberland ("Condemnor"), by its attorney, Christopher C, Houston, Esquire, respectfully represents: 1 The Condemnor is the Redevelopment Authority of the County of Cumberland, whose address is 114 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, 2 On November 29, 2000, Condemnor filed a Declaration of Taking in this proceeding, A copy of the Declaration of Taking is attached as Exhibit "A", ~ 16 Il, I I Il , ~ilI__..i'''I!Ii,.U o o 3 No Preliminary Objections to the Declaration of Taking have been filed, 4 The name and address of all Condemnees known by Condemnor to have an interest in the condemned property are: Lindora Annetta Johnson, 1416 Bradley Drive, H-212, Carlisle, PA 17013, 5 A description of the condemned property is fully set forth in the attached Declaration of Taking, WHEREFORE, Condemnor respectfully requests that this Court appoint three (3) viewers to assess the damages to which the Condemnee is entitled, and to assess the benefits, if any, arising from the above-mentioned condemnation, Respectfully submitted, Christopher C, ouston, quire Attorney for CondemnorlDefendant 114 North Hanover Street Carlisle, PA 17013 717-249-0789 1~ II. ~..J - ..." I 1._ >~~'"lb\l,"ll'!'iJMdj"Ml:,c o o I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities, REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND By Lt # ~ Christopher Gulotta Executive Director Il ."" II ~-,-~ o o IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00- ~'? ~~ CIVIL TERM CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 110 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF L1NDORA ANNETTA JOHNSON EMINENT DOMAIN PROCEEDING DECLARATION OF TAKING Pursuant to the authority granted to it at 35 P ,S, 1712,1 of the Urban Redevelopment Law and 26 P,S, 1-101, et seq" the Eminent Domain Code, the Redevelopment Authority of the County of Cumberland hereby declares: 1 The Condemnor is the Redevelopment Authority of the County of Cumberland, with its principal place of business being located at 114 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, 2 Pursuant to 35 P,S. 1712,1 (a), Condemnor has the power to acquire by eminent domain any property properly certified to Condemnor as a blighted property. 3 The Cumberland County Vacant Property Reinvestment Board (hereinafter the "Board") by Resolution dated August 18, 2000, certified the premises hereinafter described (hereinafter the "Premises") to Condemnor as a blighted property, EXHIBIT "A" IJ J~ ~_ lr 1I1 ;...-,,, I. I~=~;, o o 4 On September 18, 2000, the Cumberland County Planning Commission did certify the Premises as a blighted property to Condemnor and did submit a recommendation to Condemnor as to the appropriate reuse of the Premises, 5 On September 28, 2000, the Borough of Carlisle Planning Commission did certify the Premises as a blighted property to Condemnor and did submit a recommendation as to the appropriate reuse of the Premises, 6 The appropriate reuse of the Premises, as recommended by the aforesaid Planning Commissions, as a vacant lot, is not inconsistent with the Comprehensive Plan of the County of Cumberland nor the Borough of Carlisle, 7 The purpose of the condemnation is to acquire a blighted property that has been certified as a blighted property in accordance with the provisions of 35 P.S, 1712,1, as amended, and to dispose of said property in accordance with the recommendations of the aforesaid Planning Commissions, 8 The interest in the property hereinafter described is hereby condemned in fee simple or absolute title by the Condemnor pursuant to the Urban Redevelopment Law at 35 P,S. 1712,1, as authorized by Resolution adopted by the Condemnor on the 15th day of /q . 11. " , - ~ ,- -. .1-;" ""'..1\! o o November, 2000, A copy of the Resolution is attached as Exhibit "A." The original Resolution may be examined at the offices of the Condemnor at the above address, 9 A description of the Premises condemned sufficient for its identification is set forth in the attached Exhibit "S," 10 On the same day as this Declaration ofTaking is being filed with the Prothonotary, a Notice of Filing of Declaration of Taking is being filed in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in accordance with Section 404 of the Eminent Domain Code. 26 P,S, 1-404, 11 The nature of the title acquired in and to the property is a fee simple or absolute title, 12 The Condemnor files with this Declaration of Taking an open-end bond without surety pursuant to Section 403(a) of the Eminent Domain Code, 26 P,S, 1-403(a), Just compensation is made or secured by the filing of the bond, A copy of the bond is attached as Exhibit "C," J;D ATTEST: II' _ . I o 0,'. ;' '. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND 1\ , ^'l J It /~} / 'x::../'} I J --./ A-rC "..---/~ seJetary ,. - F:\HOUSTON\110DECL.WPD /'" , '"., e.{ ".c By JydVi-Ift'/C ~' c' 'Ji.mmie C. George L..----- --Chairman ' ristopher . Houston, Esquire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 dil It , J ".- "I i I 1,-- ,,,","".,! o o I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND , , 1) By --i -: ---,-------- Christopher Gulotta Executive Director . f /1 .- ~--"-~ (};d.. II - o o EXHIBIT "A" RESOLUTION AUTHORIZING THE FILING OF A DECLARATIO:\T OF TAKING Al"ID ALL NECESSARY ACTION FOR THE ACQUISITION THEREOF OF THE PRE.MISES LOCATED AT 110 WEST PE~"N STREET CARLISLE, CUMBERLAl'lj'D COUNTY, PA WHEREAS, Ordinance No. 99-1 of the County of Cumberland created and empowered the Cumberland County Vacant Propeny Reinvestment Board (hereinafter the "Board") to act with regard to blighted properties, as that term is defmed in the Ordinance and the Urban Redevelopment Law; and WHEREAS, the Board had reviewed conditions existing at 110 West Penn Street, Carlisle, Cumberland County, Pennsylvania (hereinafter the "Premises"); and WHEREAS, the Board had determined that the Premises was vacant and exhibited one or more of the conditions of a blighted propeny as set forth in Ordinance No. 99-1; and V/HEREAS, the Board adopted a Blight Determination Resolution No. 2000-7 determining that the Premises \s blighted: and WHEREAS, the propeny o'.mer of the Premises, Lindora Johnson (hereinafter the "Owner"), had been served with the Blight Determination Resolution No. 2000-7 and notified of her right to appeal the determination or provide a rehabilitation plan; and WHEREAS, the Owner did nCl file an appeal nor did she file a rehabilitation plan; and WHEREAS, the Board adopted a Second Resolution No. 2000-9 certifying the Premises to the Redevelor;ment Authority of the County of Cumberland as blighted; and WHEREAS, in accordance with the provisions of the Urban Redevelopment Law and the Rules and Regulations of the Board, a report on the Premises was transmitted to the Planning Commission of the County of Cumberland and the Planning Commission of the Borough of Carlisle for those commissions to make their own determination as to whether the propeny was blighted and to submit a recommendation as to the appropriate re-use of the Premises: and WHEREAS, on September 18, 2000, the Cumberland County Planning Commission determined that the Premises is blighted and recommended with the re-use plan to demolish the building and not rebuild on the site; and WHEREAS, the Borough of Carlisle Planning Commission determined on September 28, 2000, that the Premises is a blighted propeny and did concur with the recommended re- use of the Premises; and I; -.....J.:."''''''.w<I'&<, J;3 "II-I, '- . . o o WHEREAS, the Redevelopment Authority had previously attempted to negotiate the acquisition of the Premises in lieu of condemnation without success; and WHEREAS, in accordance with the Urban Redevelopment Law, as amended, the Redevelopment Authority is authorized to acquire title to the Premises through eminent domain proceedings. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Authority of the County of Cumberland. in accordance with authority conferred by law, accepts the certification of the Premises located at 110 West Penn Street, Carlisle, Cumberland County, Pennsylvania. as a blighted propeny and does further select and appropriate for acquisition and disposition in accordance with law the Premises, which are more fully described: ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, being more fully bound and described as follows, to wit: On the ;\orth by West Penn Street: on the East by propeny now or formerly of Adophus S. and Sivilin P. Barnes; on the South by propeny now or formerly of W. Frank Walters; on the West by propeny now or formerly of William Line and Walter Line. Containing 16 feet 4 inches, more or less, in front on \Vest Penn Street and extending in depth 81 feet 6 inches and being improved with a dwelling known as No. 110 West Penn Street, Carlisle, Pennsylvania. RESOLVED that the title to be acquired shall be absolute or fee simple title, including all easements. rights of way, and real property interests of whatsoever nature. RESOLVED that counsel for the Redevelopment Authority and its proper officers are hereby authorized to tile a Declaration of Taking and such other proceedings, including the entry of such bond as may be necessary or desirable, to carry out the purpose of this resolution. RESOLVED that the institution of such proceedings, and any damages which may be agreed upon or awarded to any pany in interest shall be paid out of the funds of the Redevelopment .-\uthority. (ffT :f;lVtvL ~~d~ ---etlairman Date: ~(//(Mc..,..V\ ;f, .<.~ . F:\HolI...oolllORESOL. WPD " aA- I, '''~:; II o o EXHIBIT "B" LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, being more fully bound and described as follows, to wit: TRACT 1: On the North by West Penn Street; on the East by property now or formerly of Adophus S. and Sivilin P. Barnes; on the South by property now or formerly of W. Frank Walters; on the West by property now or formerly of William Line and Walter Line. Containing 16 feet 4 inches, more or less, in front on West Penn Street and extending in depth 81 feet 6 inches and being improved with a two story dwelling known as No. 110 West Penn Street, Carlisle, Pennsylvania. d6 h ~ ~J ,~ II I~ '~i ~i . o o .. EXHIBIT "e" BOND KNOW ALL MEN BY THESE PRESENTS, that a Declaration of Taking having been filed the 29th day of November , 2000, by the Redevelopment Authority of the County of Cumberland (the "Obligor"), a body corporate and politic and existing under the laws of the Commonwealth of Pennsylvania, being held and firmly bound unto the Commonwealth of Pennsylvania (the "Obligee") for the use and benefit of the owner or owners of the property condemned as hereinafter noted, and other proper parties in interest, for such amount of damage as the owner or owners of the property and other parties in interest shall be entitled to receive after the same shall have been agreed upon or assessed in the manner prescribed by law, by the reason of the condemnation by Obligor of certain land improvements located in the Borough of Carlisle, Cumberland County, and described as follows: ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, being more fully bound and described as follows, to wit: On the North by West Penn Street; on the East by property now or formerly of Adophus S. and Sivilin P. Barnes; on the South by property now or formerly of W. Frank Walters; on the West by property now or formerly of William Line and Walter Line. Containing 16 feet 4 inches, more or less, in front on West Penn Street and extending in depth 81 feet 6 inches and being improved with a dwelling known as No. 110 West Penn Street, Carlisle, Pennsylvania, BEING the premises of Lindora Annetta Johnson to which payment well and truly to be made, the Obligor does bind itself and its successors and assigns, firmly by these presents. WHEREAS, the Obligor has condemned said property and it cannot agree with the owner or owners of said land and buildings upon the just compensation to be paid for the damages sustained by said owner or owners as a result of the condemnation; NOW THE CONDITION of this Bond is such that if the Obligor shall payor cause to be paid such amount of damages as the said owner or owners of the property and other parties in interest shall be entitled to receive by reason of such condemnation, after the same shall have been agreed upon or assessed in the manner provided by law, then this obligation shall be void; otherwise, to be and remain in full force and effect. dJ, II . . o o SEALED with the corporate seal and duly executed this 2.. 0 ~day of ))/<1 u e. Wl ~'^ 2000. ATTEST t ,j -, Secretary REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND 1 7/ ~ I /...,/ } ]1 ~.-/l ,~_.....C r-':"-'~;-_.' B. w?t<<~C::.'~~~ . ./ mie C. Georg~:::"'----- Chairman F:\HOUSTON\110BONOWPO Ii ~1 Jv7 *_~_llll~'-'--' ~_g"H"'~elM-*",.i)j""';<'1<<;';'h''''''f,,'ari<d~~iW.ful~.u1il1'D1llHi"''-~~lliI.lilli.;mtl~..~ ~~' Ci o ~'_1l11!1 -....~ =I~ . G 1,__, ( c "T) ,- --.. .r.~. .. , ---- CD '. (.'.l , .. -. .. ( ) c== "c.," : . , ';::"~: ( ,_-J .::..: C: cD in )';-'" ';:~ - -p- -'.~..1 :.E,) :;~ -< (Jl -" o , o IN RE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND NO. 00-8327 CIVIL TERM OF THE PREMISES KNOWN AND NUMBERED AS 110 WEST PENN STREET, EMINENT DOMAIN PROCEEDING CARLISLE, PENNSYLVANIA, : BEING THE PROPERTY OF L1NDORAANNETTA JOHNSON L1NDORAANNETTA JOHNSON, Plaintiff v. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, : Defendant ORDER OF COURT AND NOW, January 24, 2001, the Court having been informed that Fred Heffelfinger, is a member of the Redevelopment Authority of the County of Cumberland, the Order of Court of January 22, 2001, appointing him to the Board of View in the above matter is vacated, and James P. Sheya shall be appointed in his stead. The appointments of William Duncan, Esquire, Chairman, and Elmer Ritter, shall remain. By the Court, ~8 l!lIJIiiiIl!iii!J~tlI~I~~~~j;,;;,!jjt;M:~.R,!i!'(;", "r..'J.-41''':ik,-lli.bl}4ril,~~Jil jmM~Ul","j_~~~~d.1l ,,~ '~~',",~~ ,,"' ~~I"=" ~. ",J ,-,,_ ~ ""-,,'~ ~ ,. '"~''' , o ~. L_ " <" " .~ ~ , 0 0 ~ ~ ~ '- :~ --. -OW """ ~11~ rl1rn % Z:JJ , f',) -....rn ZI):: ~n ,;19 ~2: c.J,o !;2CJ -0 ::-:;.- -ri :;:>--n ~8 ::;: ~~(~) = . - OfD y .. -"-l ~ &:" i!Q en :<: " ..",.-~ l. '".,. Ii. L~--;'l-,"': {P"i' . .... .. SEP 1 001 '{:f" " INRE: CONDEMNATION BY THE REDEVEWPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 110 WEST PENN STREET, CARLISJ,E, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF LINDORA ANNETTA JOHNSON : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.00-8327 CIVIL TERM EMINENT DOMAIN ~ROCEEDINGS . . LINDORA ANNETTA JOHNSON, Plaintiff v. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant REPORT OF VIEWERS TO THE HONORABLE. THE JUDGES OF SAID COURT: The undersigned Viewers respectively report: mSTORY OF THE CASE 1. On January 22, 2001, the Redevelopment Authority of Cumberland County filed a Petition for the Appointment of Viewers and on January 24, 2001, the Court appointed William A Duncan, Esquire, Chairman, Elmer L. Ritter and James P. Sheya, as a Board of View to ascertain the just compensation due the Plaintiff for the Condemnation by the Redevelopment Authority of Cumberland County for the premises known and numbered as 110 West Penn Street, Carlisle, Pennsylvania, being the property of Lind ora Annetta Johnson, Plaintiff 2. The Board of View served Notice of View on Ehner Ritter, James Sheya, Lindora A Johnson and Christopher C. Houston of The Redevelopment Authority, by Certified Mail, Return Receipt requested dated February 13,2001. A copy of Notice of View and the Return receipts therefore are attached hereto. 3. A View of the premises was held by the Board of View on Thursday, February 22, 2001, at 10: 15 AM., at the site, and was attended by all members of the Board, Lindora Annette Johnson, Plaintiff and Christopher C. Houston for the Redevelopment Authority of Cumberland County, Defendant. 4. The Board of View served Notice of Hearing on Elmer Ritter, James Sheya, Lindora A Johnson and Christopher C. Houston of The Redevelopment Authority, by Certified Mail, Return Receipt requested dated February 28, 2001, A copy of Notice of Hearing and the Return receipts therefore are attached hereto, Jv7 " o o 5. A Hearing was held on Wednesday, Aprilll, 2001 at 10:00 A.M. in the 2nd Floor Hearing Room of the Old Court House, 1 Courthouse Square, Carlisle, P A 17013. FINDING OF FACTS 1. The owner of the premises was Lindora Annetta Johnson, Plaintiff. 2. The Redevelopment Authority of Cumberland County through their Attorney, Christopher C. Houston, filed a Declaration of Taking for the property located at 110 West Penn Street, Carlisle, Cumberland County, Pennsylvania, on November 29,2000. 3. The Borough of Carlisle Codes Official, Mike Landis, testified that the premises located at 110 West Penn Street, Carlisle, Cumberland County, Pennsylvania, was deemed uninhabitable; unsafe; in bad shape and no certificate of occupancy could be issued for same. 4. The premises is located in the R-4 Zoning District within the Borough of Carlisle, Cumberland County, Pennsylvania. 5. The Structure located upon the premises was deemed unsafe on November 29,2000, and would have to be demolished. 6. The fair market value of the premises, as of November 29, 2000, was $7,000.00 according to condemnor's appraisor. 7. The cost of demolition of the structure on the premises is $14,710.00 according to condemnor. 8. The Condemnor paid outstanding taxes due and owing on the premises for the tax year 1999, which had been returned to the Cumberland County Tax Claim Bureau, in the amount of $207.93. 9. The Condemnor paid the 2000 County and Borough taxes in the amount of $69.58, and the 2000-2001 school taxes in the amount of$125.03. 10. The prorated 2000 County and Borough taxes for the period prior to November 29,2000, is $63,48, and the prorated 2000-2001 school taxes for the period prior to November 29,2000 is $51.72. 11. The premises is non-conforming as to lot size and without obtaining variances, mu~t be used as a vacant and unimproved lot. CONCLUSION OF LAW 1, Condemnor is to pay the Condemnee a just compensation for the premises, which is calculated by taking the difference between the fair market value of the Condemnee's entire property interest immediately before the condemnation and as unaffected thereby and the fair market value of her property interest remaining immediately after such condemnation and as affected thereby, and such other damages as provided in the Eminent Domain Code, 30 . .'" -, - """,";---~ ~ ~ -". II . c .. o . 2. The premises can not be used for any of the permitted uses or those uses permitted by special exception in the R-4 zoning district, without obtaining zoning variances. 3. The highest and best reasonably available use for the premises is as a vacant unimproved lot. CONCLUSION The Board of View reports that after a careful and impartial consideration of all the evidence submitted to it and after a careful view of the subject premises the Board of View finds and awards the sum of One Thousand Five Hundred Dollars, ($1,500.00) as just compensation. The following is the assessment of the costs of the Viewers: William A Duncan, Chairman 1 Irvine Row Carlisle, Pa. 17013 4 days @$250.00 Certified Mail Total: $1,000.00 29.92 $1,029.92 Elmer L. Ritter 712 Market Street Mechanicsburg, Pa. 17055 3 days@ $125.00 $375.00 James P. Sheya 35 East High Street Carlisle, Pa. 17013 3 days @ $125.00 $375.00 Total Cost of Viewers Witness our hands and seals tbist ti~september, 2001 uJ~ $1,779.92 ~ -dIlt: EImer L. Ritter 3J ;~~~&!Jiii~Iiliit~!JilWl!i~i!1~~Ill!b"'~~lI~~_U'-""'i&i:'_';""l.':B,jf.;,,"*,I~~iili~iil~2Ltk'llrr ,-" f.li&il,~~~.lf:#1ftil~~~fi-_ w-. .00_ .1 00: . Q 0 0 (~. _/ c: -n \ ~ "" _~.l f. ""0-\-,-. rr1 ~,i.J --,., mer] Cl r"";: z:x, nl ! m~ ;::J I .-< ,,- -''--' r::C ::}~ :f; I (:> ;<: ~~ .s:o --.~ t. ) 52 CJ c)'" --, (>- -" ~ -'- 0 -' -< J..- -~ c \" , 0 J;! 11 ~~~~. =~,- ~ IL . . 11.. P~IPE FOR LISTING CASE FOR ~AL (Must be typewritten and sutrnitted in duplicate) TO THE POOTHOOOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) for JURY trial at the next tenn of civil court. x for trial without a jw:y. ----------------------------------------- CAPTION OF CASE (entire caption llRlst be stated in full) IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 110 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF LINDORA ANNETTA JOHNSON LINDORA ANNETTA JOHNSON, ( Plaintiff) (check one) (x Civil Action - Law Appeal from Arbitration (other) vs. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND The trial list will be called on and Trials corrmence on (Defendant) Pretrials will be held on (Briefs are due 5 days before pretrials. ) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 00-8327 Civil 19 Indicate the attomey who will try case for the party who files this praecipe: Christopher C. Houston, Esquire Indicate trial counsel for other parties if known: Melville G. M. Walwyn, Esquire This case is ready for trial. Signed:~. Print Name: Christopher C. Houston, Esquire Date: 10/19/01 Attomey for: Defendant 3~ ~iU,9i - .,-",y,"-, . "'"'''' ",,~.,. ~; '_':'",-i$ilii::~H!!1~l~1iiJM-~l;!.w,~~,\>".",,~iiill;L4:I~_~r*"''''''>'='''''~11~~MJiiIDMfiIItfW' "'""""--, "__~," ,t,.,,_""___ "..u",. ," .",", .>> "__,~ <. ~,-" 1"", '..J. . , . , -""I!!;o[ (") 0 e C -.j s: 'J 0 .'0(0 ,) mfn ..... ,I ,) Z~' ~J ti5~ N .,'---".' .;:-- ... - 2""- ~~~(::-; ;<C .." ~o " ..~ ~-:_::C) >8 j.;.~fT1 u Z .-u "" =<! ~. 0'0 :0 -< ,,~ =q. .~- I I '-~" , ~ . --, . , - , . ' -"" - ''"~'>-<._" ,,--~- ... .'k ' . c > o CONDEMNATION BY THE ; IN THE COURT OF COMMON PLEAS OF REDEVELOPMENT AUTHORITY OF : CUMBERLAND COUNTY, PENNSYLVANIA THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS 110 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA. BEING THE PROPERTY OF L1NDORA ANNETTA JOHNSON L1NDORA AN NETTA JOHNSON, PLAINTIFF V. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND. DEFENDANT : 00-8327 CIVIL TERM ORDER OF COURT AND NOW, this by-- day of November, 2001, a bench trial will be conducted at 1 :30 p.m., Wednesday, December 12,2001, in Courtroom Number 2. Cumberland County Courthouse, Carlisle, Pennsylvania. Edgar B. Bayley, J. \ Melville G.M. Walwyn, Esquire For Plaintiffs Christopher C. Houston, Esquire For Defendant ~~ /1,;1.DI ,?-. :saa 33. -,. I 1,= "I!!IJ'Oi1", ,.,~ ..'.~ _~"~,.. ._ 'a~'_ ., .. ~ ~ """"~,~____"r.~,n, ,.. U1ftiJ"~ ._, eO" ,. '''i _, _ d.'''h-, ".,,, ~_~',"'k' ,~"'.. ,- . '"~t''''''.'''';"''''' o ~:;.~ ;i; \~;,~;-:' ~>:~ , <:,;.-'-- :~:t~ "''', :2. c.-:J .- ~ -? .- "'0 ::>: IU JUIU lilin (-) .":"n .en C'. ;1 \.._~ '-"--r' J.':':.) r;? .- <.P .c.___-.;---i (.?,I:~ ,'_._;:Il 0, "\-:- <-:0 :..::. J!!11II~~;W:i,F'it,"~H'0.,-,r-."i"'ci '~;ff'!~~!W:;;~J~Wj1ili.~,<j~""lffi!lm'~W'$I!~ffel!IW"IIll1l',j.!IIfflI!lll~i/!!!J!';1? '--.... ~" _, _ ," ~ _.,n I_~ ..:.J.",""- ~ -"-,,,: c o CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS REDEVELOPMENT AUTHORITY OF : CUMBERLAND COUNTY, PENNA THE COUNTY OF CUMBERLAND OF THE : PREMISES KNOWN AS llOWEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF LINDORA ANNETTA JOHNSON No. 00-8327 Civil Term LINDORA ANNETTA JOHNSON, Plaintiff -V- REDEVEWPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND Defendant ADMINISTRATIVE APPEAL ORDER AND NOW, this day of October, 2001, upon consideration of the Appeal of Lindora Johnson, it is hereby ordered that the said appeal be heard on the _ day of ,2001 at O'clock,_M, in courtroom No._. It is further Ordered that Notice of this hearing be served upon the Redevelopment Authority of the County of Cumberland at least thirty (30) days prior to the hearing. BY THE COURT: J. 34- ~ "- '-""". J._ c o CONDEMNATION BY THE ~ IN THECOURT-oFCOMMON PLEAS REDEVELOPMENT AUmORITY OF : CUMBERLAND COUNTY, PENNA THE COUNTY OF CUMBERLAND OF THE : PREMISES KNOWN AS llOWEST PENN : STREET, CARUSLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF LYNDORA ANNETTA JOHNSON . . No. 00-8327 Civil Term LlNDORA ANNETTA JOHNSON, Plaintiff -V- REDEVELOPMENT AUTHORITY OF THE : COUNTY OF CUMBERLAND Defendant ADMINISTRATIVE APPEAL AMENDED NOTICE OF APPEAL FROM DETERMINATION OF REPORT OF VIEWERS NOTICE is hereby given thatLindoraJohnson, Appellant herein, has filed in the Cumberland County Court of Common Pleas, an Appeal from the Report of Viewers in the matter of the Condemnation by the Redevelopment Authority of the County of Cumberland of premises numbered as 174 West Penn Street, Carlisle, Cumberland County, Pennsylvania. Date: October 18,2001 ~~ Melville G. M. lwyn P. O. Box 1083 Harrisburg, Pennsylvania 17108 (717) 232-0577 ~() ~~ .~ <. ~ ...."'" o (') CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS REDEVEWPMENT AUTHORITY OF : CUMBERLAND COUNTY, PENNA THE COUNTY OF CUMBERLAND OF THE : PREMISES KNOWN AS 110WEST PENN : STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF LINDORA ANNETTA JOHNSON No. 00-8327 Civil Term LINDORA ANNETTA JOHNSON, Plaintiff -V- REDEVEWPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND Defendant ADMINISTRATIVE APPEAL AMENDED APPEAL FROM DETERMINATION OF BOARD OF VIEW Lindora Johnson hereby appeals the September 14, 2001 decision of the Board of Viewers as to the value of the premises known as 110 West Penn Street, Carlisle, Pennsylvania, and in support thereof states the following;- 1. On or about December 30, 2000 the Redevelopment Authority of the County of Cumberland issued its Notice of Condemnation of the premises known as 110 West Penn Street in Carlisle, Cumberland County, Pennsylvania, based upon a Declaration of Taking dated December 20,2000. 2. By its Order dated January 22, 2001, this Court appointed a Board of View to assess damages in the condemnation. 3. By its letter dated September 17, 2001, the Board of View mailed a copy of its Report filed September 14, 2001 and which report determined that a fmal payment of $3,000.00 was fair compensation to appellant for the said property. 4. It is the position of the appellant that the property is worth much more than the appraisal done by the appraiser retained by the Redevelopment Authority. 5. Appellant would like an opportunity to provide her own certified appraisal. 3(:, c o !'... WHEREFORE, Lindora Johnson prays that this Court reverse the determination of the Board of Viewers dated September 14,2001. Date: October 18,2001 ~~ P. O. Box 1083 Harrisburg, Pennsylvania 171 08 (717) 232-0577 Attorney for AppelIant j7 -.- -.-,~ ~ ...~'I"'. -- ~ -~ lor,-, c o CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS REDEVELOPMENT AUTHORITY OF : CUMBERLAND COUNTY, PENNA THE COUNTY OF CUMBERLAND OF THE : PREMISES KNOWN AS llOWEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE : PROPERTY OF LINDORA ANNETTA JOHNSON No. 00-8327 Civil Term LINDORA ANNETTA JOHNSON, Plaintiff -V- REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND Defendant ADMINISTRATIVE APPEAL CERTIFICATE OF SERVICE I hereby certifY that I have this 18th day of October, 2001 served a true and correct copy of the foregoing Appeal upon Redevelopment Authority of the County of Cumberland at the Office of its counsel, Christopher C. Houston, Esquire, 114 Hanover Street, Carlisle, Pennsylvania 17013-2445, Me~ ~g ,~ ^ '10_ '" q . c o CONDEMNATION 'By THE ~ IN 'I' HE COUR'fOF-COMMON PLEA-8 REDEVELOPMENT AUTHORITY OF : CUMBERLAND COUNTY, PENNA THE COUNTY OF CUMBERLAND-OF THE : PREMISES KNOWN AS 110WEST PENN STREET, CARLISL-E,-CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF LINDORA ANNETTA JOHNSON No. 00-8707 Civil Term LINDORA ANNETTA JOHNSON, : Plaintiff -V- REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND Defendant ADMINISTRATIVE APPEAL VERIFICATION I, Lindora Johnson, hereby verify that the information set forth in the foregoing Appeal is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties ofPa.C.S.A ~ 4904 relating to unsworn falsification to authorities. 31 [JiIlilIllW~ijM~[!'~f,""I~"'"!#i."--'-1t,i'i"i~:"@ii:.'" "'6-(JJf:;':-""I,,'~' ,,*,,; 1 Jill -~ ",~'~',"",~ ",,- 'k;;;'~"""''-/ ""';;H ig:!&;i!,{li,.~l!it~~~~!KliIl!OO~~~"",,"''''"_'''~-",,_,,;;/,._~li~..jl1i~iM!fj___ <""\ l.." "__,' >".., ~.' .'" , _ I, _, ~', "" " ,'~,," ~'~'" >~-"-",,,,.,,,,~-,~_,; 0, ,,~,~ ,m~ =, , . ,~, ~,' ,=~~~ 0 <:::> 0 c: "T1 s: c::> ~:~~~ -om n rnf1' ..... z~' --1""'" z:(-:;~ -' ~::f U} ~~. \.0 ~~;i ~?, ?:CJ ?::: q~S ~ ZO _k ..?-rn -0 '8 8 ;pc: ~ "" ~ (.;> . , -~I - .' ,~-""-",,,,.,,,,,,_,-^,, I'';;"" ,~,', "_ 0.... . , . IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 110 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF L1NDORA ANNETTA JOHNSON : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA L1NDORA AN NETTA JOHNSON, PLAINTIFF V. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, DEFENDANT ; 00-8327 CIVIL TERM IN RE: EMINENT DOMAIN BEFORE BAYLEY. J. ORDER OF COURT AND NOW, this ll~ day of January, 2002, no damages are awarded to Lindora Annetta Johnson as a result of the declaration of taking on December 10, 1994, of 110 West Penn Street, Carlisle, Cumberland County. ) 41 ja e I ii. ". P') 'lP.l-:., v\,.. ,. dH . H' "j" lq J'P'","'[' "" p, . , ""U'I1-V CU"l""!": "\'i. , r! I'; I lvi )C"\L.J--U h.J v",; PENNSYl:IAi\[iI\ . ~~ ^" ~." I" .~ ~ .~ ~ ''''0" ," >'~" - ~~ - . .~~ ". "~ .,"< ." ....1'l!llllI~~Jl!ftWr.'"~ "~ ".~ .~,"" fJllI!!:1"!?,--,r':lr-'~J~"'II'lM!"lil!ki'",,,,\,"<P'"'K.~')~-',i-~'''''*'t;~~~~i\l'ljj,*,,~'r!W.ff~">'l''ru.Sf'''!lm,!lI;l'mlll~~l!!i~ 0,'.' . . 00-8327 CIVIL TERM ~elville G.M. Walwyn, Esquire For Condemnee ';christopher C. Houston, Esquire For Condemnor :saa ~~ . ~ L ~ JfI< '" ~-O:z' \. ~~ /.~ -. ~ . , '-~--- . ""'-~I~,~'"',-o__ ,-- ,,,l~' ~ ___"- ""_<~; . ~l -,'~ ':;::i o . IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 110 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF L1NDORA ANNETTA JOHNSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA L1NDORA ANNETTA JOHNSON, PLAINTIFF V. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, DEFENDANT : 00-8327 CIVIL TERM IN RE: EMINENT DOMAIN BEFORE BAYLEY. J. OPINION AND ORDER OF COURT Bayley, J., January 4,2002:-- On November 29, 2000, the Redevelopment Authority of the County of Cumberland filed a declaration of taking of a property owned by Lindora Annetta Johnson at 110 West Penn Street, Carlisle, Cumberland County. Lindora Johnson filed a notice of appeal from a determination by a Board of View dated September 14, 2001. The case was bench tried on December 12, 2001, Under the Eminent Domain Code, 26 P.S. Section 1-101 et seq., a landowner is entitled to just compensation as a result of a condemnation. Just compensation is the 4-) o . 00-8327 CIVIL TERM difference between the fair market value of the landowner's entire property immediately before the condemnation, and as unaffected by the condemnation, and the fair market value of the landowner's entire remaining property immediately after the condemnation, as affected by the condemnation. 26 P.S. Section 1-602(a). The subject property is a small tract located in the Borough of Carlisle in a District zoned R-4 Town Center Residential. Only residential uses are allowed in that zoning district. The property contains a dilapidated, single-family house that was damaged by fire on December 10, 1994. The house, which has reached the end of its useful life, has been uninhabited since that time. The lot no longer meets the size requirements, under the Carlisle Borough Zoning Ordinance, for a residence that would be permitted in an R-4 Town Center Residential District. Even if the house could be repaired, the cost of repairs would substantially exceed the value of the building. The highest and best use of the property is now vacant land. The value of the property on the date of the declaration of taking was $7,000. The cost to demolish the house will exceed $14,000. The real estate taxes owed by the condemnor as of November 29, 2000, which were paid by the condemnee, totaled $323.13. Because (1) the cost to demolish the structure on the lot, and (2) the taxes owed by the condenmee prior to the declaration of taking, 1 substantially exceed the value of the vacant land, we find, for condemnation purposes, on the date of the 1 See 26 P.S. Section 1-608(3). -2- f~ ..; C C' " '''"" _",', -, "J'~"""i.'-'" '<:="'--", "'"'>,',IJll.,~~~~ - ,','- ',,' ",- -'~'i , . ' ~ o . 00-8327 CIVIL TERM declaration of taking the premises, as whole, had no market value. See Gilder v. Commonwealth, Department of Highways, 435 Pa. 140 (1969). The condemnee has suffered no damage. ORDER OF COURT AND NOW, this Lth day of January, 2002, no damages are awarded to Lindora Annetta Johnson as a result of the declaration of taking on December 10, 1994, of 110 West Penn Street, Carlisle, Cumberland County, Melville G.M. Walwyn, Esquire For Condemnee Christopher C. Houston, Esquire For Condemnor :saa -3- 4J- - .' < I o IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 110 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF L1NDORA ANNETTA JOHNSON L1NDORA ANNETTA JOHNSON, Plaintiff v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant ~' '" L < ~ ,,'IA ~ J. ~~~";'-'-, . ,.., . JAN 2 8 200z~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :00-8327 CIVIL TERM :EMINENT DOMAIN RULE AND NOW, this ~ day of January, 2002, on consideration of the Petition of Redevelopment Authority of the County of Cumberland, a Rule is granted upon Lindora Annetta Johnson to show cause why a Writ of Possession should not issue. Pursuant to 26 P.S. 1-407(a), this Rule returnable five (5) days after service upon Condemnee. J. / p\a-c.e.d '.(\j c..~\'\S l1oLlS\-ON'S ~Ox. OI-30~O:J- ~ . ~~~ ~-~ Q;,-' ,0,1.". '/ '._l~/'\ O;)::,'8:;?Cf .c " ~/7 t I ..... 'c. ;/1;rZ 0(/.4 '. <'9 f "'''/!,9}, ""vo'../ : f t, I-"l;::;~')/ ' ' ,: 0" '~J\;/1';-if;'L) 0 /SYZ1 J ('/~l u ,:-'>"'('1 "vlZ1 v1v'ly , ,1IfII't', ~..}I ..... . ! ~~ '_~,ll!,l,,~~~"'~'1%:!~"'ij;.~~. ~,~~_"';R~';!I"""'-")~'~'W"P'~h'",> / "",)~, '''"''.4~",-\;;I~~~~~'lll!l!J!iUm!'il1l~~iJ!fflffi'{Il!<l':T.€lif~ml:ll~~ ,. '""" , ~ "~' ,_ _ _ ,'. U'~"I , ~ - ., o . ,....., -." IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 110 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF L1NDORA ANNETTA JOHNSON : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :00-8327 CIVIL TERM :EMINENT DOMAIN L1NDORA ANNETTA JOHNSON, Plaintiff v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant PETITION OF THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND FOR WRIT OF POSSESSION The Petition of Redevelopment Authority of the County of Cumberland ("Condemnor") pursuant to Section 407(a) of the Eminent Domain Code, 26 P.S. 1-407, represents: 1 A Declaration ofTaking was filed on November 29,2000, at the above-captioned term and number. 2 Included in the Declaration of Taking was property owned by Lindora Annetta Johnson ("Condemnee'), located at 110 West Penn Street, Carlisle, Cumberland County, Pennsylvania ("Property"), 4l _._--~ I. 1_ ""':""":;i . o o .... . 3 By Order of Court dated January 4, 2002, after a bench trial before Judge Edgar B. Bayley, the Court ordered that no damages be awarded to Condemnee. 4 By letter dated January 7, 2002, Condemnor requested confirmation from counsel for Condemnee, as to Condemnor's right to immediate possession of the property. A copy of said letter is attached hereto as Exhibit "A" 5 Counsel for Condemnee has advised Condemnor that Condemnee is not in agreement with giving Condemnor immediate possession. 6 Condemnor is entitled to possession of the property. 7 Concurrence of opposing counsel has been sought and opposing counsel does not concur with the filing of this Petition, WHEREFORE, Condemnor, Redevelopment Authority of the County of Cumberland, requests that this Court grant a rule upon Lindora Annetta Johnson to show cause why a Writ of Possession shall not issue, ~ , ~ , ... F:\HOUSTON\110PETWPD c ,~ . . ..... ..4 Respectfully submitted, ~1 Christopher C. Houston, Esquire Attorney for CondemnorlDefendant Redevelopment Authority of the County Of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 - "~ I , , " '~"-: 'M 'L, __-,,"1"-'" ,.m. _ %, . l , "'. c . -j.... ... I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities, REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND By 0j U ~-tt Christopher Gulotta Executive Director 60 . co . ..,. ... . REDEVELOPMArT AUTB:iiRITY OF THE COUNTY OF CUMBERLAND . Housing Development. Housing RehabUltatlon . . Housing Management. Homeownershlp Programs. . Downtown Revitalization. Public FacUlty Improvements. . Economic Development. January 7, 2002 Melville G. M. Walwyn, Esquire P. O. Box 1083 Harrisburg, PA 17108 FI'I. C." J.! ~"'-'-'-..J 10........... RE: Johnson .110 West Penn Street, Carlisle Dear Mel: With respect to the above property. as you are aware, the Court's Order of January 4,2002 provides that no damages are awarded to Ms. Johnsc:lnas a result of the Declaration of Taking. As you are further aware, the Redevelopment Authority is entitled to possession of the property. In that there is no compensation to be paid to Ms, Johnson, please be advised that we would appreciate receiving confirmatiol1 in writing from you, as counsel for Ms. Johnson, acquiescing to the delivery of possession. If we have not received a favorable response from you by Friday, January 11, we shall assume that Ms. Johnson is not agreeing with giving us possesS'ion. That will causa us to file a Petition with the Court for Rule to Show Cause why a Writ of Possession shduld not issue. Very truly yours, Christopher C. Houston, Esquire Director of Real Estate Development kb cc; Christopher Gulotta F:\HOUSTON\3JAN7.WPD SERVING CUMBERLAND COUNTY SINCE 1975 114N.W~---- -- Telephone/l'DY (717) 249-078! EXHIBIT "A" : admin@cchra.com 67 , --.. ..... o IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 110 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF L1NDORA ANNETTA JOHNSON L1NDORA ANNETTA JOHNSON, Plaintiff v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant ,,'. . " "._ - .,,"~,. .,"~~ . i ~;;: . . - .. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :00-8327 CIVIL TERM :EMINENT DOMAIN CERTIFICATE OF SERVICE I, Christopher C, Houston, Esquire, hereby certify that on this date I served the foregoing Petition of the Redevelopment Authority of the County of Cumberland for Writ of Possession by first class mail, postage prepaid, on the following: Melville G. M. Walwyn, Esquire P.O. Box 1083 Harrisburg, PA 17108 Date: -;r&.l"lIA.QVY '2..'f,i{()(J).. , " ~"'too, E",";re Attorney for Condemnor/Defendant 114 N, Hanover Street Carlisle, PA 17013 717 -249-0789 0) '4alllftij~~f~1l:j;jfl'l@'Jj~~,,!1~{,t,i:h1';if<i:1"if\'ik*~;j(~~~~k'.ii<","'-S';"" IJ.U~U ~ ,llIlJ __ . " .-, ,,,~,,;,,~.,,,\!!;~~!,",,'!<$l..,',~o/!l~*,m~~~Ib"!Mi_",H\"M'd1tllii!l!li~ilMd.llJJJlill'tJ.ilI:_ - W'~~h ("'"l., I. '<>til' . ."",J"tl'''''''~'"''J_," >,. ~_~~'" M, -"_,"..,,v ,"~T,,~",'.,-__ _". 'I""~_"$.' _~,"'.~ . -,~,' 11 ~;o. . .- (") a () c ''0 <- 'i') "'U fj':~ '- n~Ir-, :";"" :2 EL. -~ '(ZJ ~ C/),d-"- ~) rn ~..2 ..:,:., 9 ~c': " ~" 2() ::J;: f ' '. l' :_<I:.~ ,,-,0 ;2 C) )>c l=-::~m .z =< VI 15 0'\ -< " ~~ .1 > .:.~ '] '- ~ "u' " 'f"-.MJ\, ..... . ~ " 0) a; IN RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS OF REDEVELOPMENT AUTHORITY : CUMBERLAND COUNTY, PENNSYLVANIA OF THE COUNTY OF CUMBERLAND : . OF THE PREMISES KNOWN AND : 00-8327 CIVll.. TERM NUMBERED AS 110 WEST PENN STREET, CARLISLE, CUMBERLAND : COUNTY, PENNSYLVANIA, BEING : EMINENT DOMAIN THE PROPERTY OF LINDORA ANNETTA JOHNSON LINDORA ANNETTA JOHNSON, Plaintiff -v- REDEVEWPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant : NOTICE OF APPEAL NOTICE is hereby given that Lindora Annetta Johnson hereby appeals as a matter of right to the Superior Court of Pennsylvania from the Opinion and Order of the Cumberland County Court entered in this matter on January 4,2002, by the Honorable Edgar B. Bayley, Judge of the Court of Common Pleas of Cumberland County, Pennsylvania. The Order has been entered in the Docket as is evidenced by the attached copy of the Docket Entry. Date: January 31, 2001 ~;Z;:mo~' n. 0 ~ Lindora Annetta JOhn~ 1416 Bradley Drive # H-212 Carlisle, Pennsylvania 17013 (717) 240-0275 . Pro Se qtQ 63 . ~YS510 2000-08327 ~ - I ,L ~, l I". j~ '"". ~. ""'_....... ""~' ~\ Ii ;l "~i~litlll!i.''b ... CUmbe.f:,nd County Prothonotary's .Office . . Ji viI Case Inquiry 0 ) REDEVELOPMENT AUTHORITY OF CC (vs) CARLISLE BOROUGH Page 1 Reference No. . : Case Type.. ...: DECLARATION OF TAKING Judgment...... .00 Judge Assigned: Disposed Desc. : ------------ Case Comments ------------- Filed. . . . . . . . : Time......... : Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: 11/29/2000 9:40 0/00/0000 0/00/0000 ******************************************************************************** General Index Attorney Info REDEVELOPMENT AUTHORITY OF THE CONDEMNOR HOUSTON CHRISTOPHER C COUNTY OF CUMBERLAND COUNTY 114 NORTH HANOVER STREET CARLISLE PA 17013 JOHNSON LINDORA ANNETTA CONDEMNEE ******************************************************************************** * Date Entries * ******************************************************************************** 11/29/2000 12/20/2000 1/18/2001 1/22/2001 1/25/2001 9/14/2001 10/24/2001 11/01/2001 1/04/2002 1/24/2002 1/29/2002 1/31/2002 1/31/2002 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - DECLARATION OF TAKING - PROPERTY OF LINDORA ANNETTA JOHNSON 110 WEST PENN STREET CARLISLE CUMBERLAND COUNTY ------------------------------------------------------------------- ACCEPTANCE OF SERVICE - SERVED NOTICE OF CONDEMNATION BY CERTIFIED MAIL - BY CHRISTOPHER C HOUSTON ATTY FOR PLFF ------------------------------------------------------------------- PETITION FOR APPOINTMENT OF BOARD OF VIEWERS - BY CHRISTOPHER C HOUSTON ESQ FOR DEFT ------------------------------------------------------------------- ORDER - DATED 1/22/01 - IN RE PETITION FOR APPOINTMENT OF BOARD OF VIEWERS - REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND THE COURT APPOINTS WILLIAM DUNCAN ESQ CHAIRMAN FRED HEFFELFINGER AND ELMER RITTER ESQ - BY THE COURT GEORGE E HOFFER PJ COPIES MAILED 1/23/01 ------------------------------------------------------------------- ORDER OF COURT - DATED 1/24/01 - COURT HAVING BEEN INFORMES THAT FRED HEFFELFINGER IS A MEMBER OF THE REDEVELOPMENT AUTHORITY - THE ORDER OF 1/22/01 APPOINTING HIM TO THE BOARD OF VIEW IN THE ABOVE MATTER IS VACATED AND JAMES P SHEYA SHALL BE APPOINTED IN HIS STEAD - THE APPOINTMENT OF WILLIAM DUNCAN ESQ CHAIRMAN AND ELMER RITTER SHALL REMIAN - BY THE COURT GEORGE E HOFFER PJ --~---------------------------------------------------------------- REPORT OF BOARD OF VIEWERS WILLIAM L DUNCAN ESQ CHAIRMAN ELMER L RITTER AND JAMES P SHEYA BILLED COUNTY 10/02/01 --~---------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR TRIAL - BY CHRISTOPHER C HOUSTON ESQ FOR DEFT --~---------------------------------------------------------------- ORDER OF COURT - DATED 11/1/01 - A BENCH TRIAL WILL BE CONDUCTED AT 1:30 PM ON 12/12/01 IN CR 2 OF THE CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 11/2/01 --~---------------------------------------------------------------- ORDER OF COURT - DATED 1/4/02 - IN RE EMINENT DOMAIN - NO DAMAGES ARE AWARDED TO LINDORA ANNETTA JOHNSON AS A RESULT OF THE DECLARATION OF TAKING ON 12/10/1994 OF 110 WEST PENN STREET CARLISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 1/4/02 --~---------------------------------------------------------------- PETITION OF THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND FOR WRIT OF POSSESSION - BY CHRISTOPHER C.HOUSTON ESQ --~---------------------------------------------------------------- RULE - DATED 1/29/02 - IN RE PETITION OF REDEVELOPMENT AUTHORITY OF THE CUMBERLAND COUNTY - A RULE IS GRANTED UPON LINDORA ANNETTA JOHNSON TO SHOW CAUSE WHY A WRIT OF POSSESSION SHOULD NOT ISSUE - PURSUAT TO 25 P S 1-407 A THIS RULE RETURNABLE 5 DAYS ATER SERVICE UPON CONDEMNEE - BY THE COURT EDGAR B BAYLEY J COPIES MAILED ~~:~~~~------------------------------------------------------------ NOTICE OF APPEAL TO SUPERIOR COURT FROM THE OPINION AND ORDER FO 1/~~~~_~~_~~~~~~_~~~~~_~~~~~~_:~~_~~___________________________ NOTICE OF APPEAL TO SUPERIOR COURT OF PENNSYLVANIA FROM THE 041 ,- - ,'" ~'~~"~~ 'I' , -I~ ~l~t PYS510 ... cumb~.';- and County Ul1:ivil Case REDEVELOPMENT AUTHORITY OF Prothonotary's Office Inquiry CJ : cc (vs) CARLISLE BOROUGH Filed........: Time. . . . . . . . . : Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: PRO SE Page 2 2000-08327 Reference No. . : Case Type.....: DECLARATION OF TAKING Judgment...... .00 Judge Assigned: Disposed Desc. : ------------ Case Comments ------------- 11/29/2000 9:40 0/00/0000 0/00/0000 OPINION AND ORDER ON 1/4/02 BY 0 C TYLER - - - - - - - - - - - - - - LAST ENTRY ******************************************************************************** * Escrow Information * * Fees & Debits Beq Bal Pvmts/Adl End Bal * ******************************************************************************** DECLAR/TAKING TAX ON DECLAR SETTLEMENT JCP FEE APPEAL 35.00 .50 5.00 5.00 30.00 35.00 .50 5.00 5.00 30.00 .00 .00 .00 .00 .00 75.50 75.50 .00 ******************************************************************************** * End of Case Information . * ******************************************************************************** TftUe ~ FROM RECORD In Testlmtlny whereof. I here ulltO set my hanG and th;t. _ of said n at CarlIsle, PaD,{ rtIi rJ."O ~. 60" ~ ,I ~ I "" '" (5 a ,I" 10""" L --<~"~ I IN RE: CONDEMNATION BY THE : IN THE CO~T OF COMMON PLEAS OF REDEVELOPMENT AUTHORITY : CUMBERLAND COUNTY, PENNSYLVANIA OF THE COUNTY OF CUMBERLAND : OF THE PREMISES KNOWN AND : 00-8327 CIVIL TERM NUMBERED AS 110 WEST PENN : STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING : EMINENT DOMAIN THE PROPERTY OF LINDORA : ANNETTA JOHNSON : LINDORA ANNETTA JOHNSON, Plaintiff . . -v- REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant . . : ORDER FOR TRANSCRIPT A Notice of Appeal having been filed in the captioned matter, the Official Court Reporter is hereby ordered to produce, certify and file any transcript in this matter in conformity with Rule 1922 of the Pennsylvania Rules of Appellate Procedure. - / fA.nSc.r'fc D&. I,), I cXeJo I Date: January 31, 2001 ~spe~tli. iJIly submitt , 0tJt;[~J}, .. indora Annetta J on 1416 Bradley Drive # H-212 Carlisle, Pennsylvania 17013 (717) 240-0275 Pro Se 61>> I L I, _ "I '~-- _ -H',,, j;\ . o . IN RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS OF REDEVEWPMENT AUTHORITY : CUMBERLAND COUNTY, PENNSYLVANIA OF TIlE COUNTY OF CUMBERLAND : . OF THE PREMISES KNOWN AND : 00-8327 CIVIL TERM NUMBERED AS 110 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING : EMINENT DOMAIN THE PROPERTY OF LINDORA ANNETTAJOHNSON . . LINDORA ANNETTA JOHNSON, Plaintiff -v- REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant CERTIFICATE OF SERVICE I hereby certifY that I have this 31" day ofJanuary, 2002, served one copy of the foregoing Notice of Appeal upon the following persons, and in the manner indicated below, which service satisfies the requirements ofPa.R.A.P. 121: Service by hand delivery: Christopher C. Houston, Esquire Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, Pennsylvania 17013 Office of the Court Reporter Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 Honorable Edgar B. Bayley Judges' Chambers Cumberland County Courthouse I Courthouse Square Carlisle, Pennsylvania 17013 Date; January 31, 2001 ~peCtfullY sU~i~e , Vrt.~ l.{ I 110'1'\ mdora Annetta Jo 1416 Bradley Drive # H-212 Carlisle, Pennsylvania 17013 (717) 240-0275 Pro Se 5/ HII\\\lIIlm~~~~i:I~-i.S~4!il;'illIlt-Sl,'~!~~~~ilOl!"~.i;t1\",I?'!C';' ._ m ,'"_ ,__""-,~_,,,,,,,,jj,"","'!d, "'i""'Mi;;,i.;i!!l;ilW"=''''''''' -"iIUelMil.lIlIIillll_~I'~"""'''''''7~i~~-,jodMr;~- ,w~ """'I, ""iili' .' ,'. 0 c ~~; ~ C ".) ~ s;. ..- -or.! "-u- 10 mf-T', :::c: ',.' Z..1._' Ce> IT ZC 1,,_' ~ if) .!:~. (~:} -<,,:: ..'CO "- '< "'U ~5~ ;;e; .-- ::2: ~ \ z' , "- 5>8 ~ ~ "" ~ ,::> 'Ii , :< '\:, ~ "- I\' -. ,~,~ . I. -~~'~ ....2:511",11'I. o :(1) 00- 8'52..7 Superior Court of Pennsylvania Appeal Docket Sheet Docket Number: 175 MDA 2002 Page 1 of3 February 4, 2002 - In Re: condemnation by the redevelopment authority of the county of Cumberland of the Premises known and numbered as 110 West Penn Street, Carlisle, Cumberland County, Pennsylvania, being the property of Lindora Annetta Johnson Lindora Annetta Johnson, appellant v. Redevelopment Authority of The County of Cumberland Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: February 1, 2002 Awaiting Original Record Journal Number: Case Category: Civil CaseType: Consolidated Docket Nos.: Related Docket Nos.: 179 MDA 2002 Similar Issues Next Event Type: Docketing Statement Received Next Event Type: Original Record Received SCHEDULED EVENT Next Event Due Date: February 18, 2002 Next Event Due Date: March 12,2002 2/4/02 3023 6~- - -A1P,~. ~~ ~ :"'1 I ,~ 'I' J; "~ o ,(t) Appeal Docket Sheet Docket Number: 175 MDA 2002 Page 2 of 3 February 4, 2002 Superior Court of Pennsylvania - Appellant Pro Se: IFP Status: Appellee Pro Se: IFP Status: COUNSEL INFORMATION Johnson, Lindora Annetta Appoint Counsel Status: No Appellant Attorney Information: Attorney: Johnson, Undora Annetta Bar No.: Law Firm: Address: 1416 Bradley Drive # H-212 Carlisle, PA 17013 Phone No.: (717)240-0275 Fax No.: Receive Mail: Yes E-Mail Address: Receive E-Mail: No Redevelopment Authority of The County of Cumberland Appoint Counsel Status: Appellee Attorney Information: Attorney: Houston, Christopher C. Bar No.: 36502 Law Firm: Cumberland County Redevelopment Authority Address: Redevelopment Authority 114 N Hanover Street Carlisle, PA 17013 Phone No,: (717)249-0789 Fax No,: (717)249-4071 Receive Mail: Yes E-Mail Address: Receive E-Mail: No FEE INFORMATION Fee Date 2/4/02 Fee Name Notice of Appeal Fee Amt 55.00 Paid Amount 55.00 Receipt Number 2002SPRMD000092 TRIAL COURT/AGENCY INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Date of Order Appealed From: January 4, 2002 Date Documents Received: February 1, 2002 Order Type:Order Entered Judge: Division: Civil Judicial District: 9 Date Notice of Appeal Filed: January 31,2002 OTN: Bayley, Edgar B. Judge Lower Court Docket No.: 00-8327 2/4/02 ORIGINAL RECORD CONTENTS 3023 SCj ~ .........~-~ II.i " .~ Ll -..1....;.... . .I. '.' 2:~1 P.M. o 4) Appeal Docket Sheet Docket Number: 175 MDA 2002 Page 3 of 3 February 4, 2002 Superior Court of Pennsylvania - Original Record Item Filed Date Content/Description Date of Remand of Record: BRIEFS Filed Date DOCKET ENTRIES Docket Entry/Document Name Party Type Filed By February 1, 2002 Notice of Appeal Filed Appellant Johnson, Lindora Annetta February 4, 2002 Docketing Statement Exited (Civil) Middle District Filing Office 2/4/02 3023 ~() 54 ..~ ~ ~. ~, I" J' "I':",'" ~'':'HWU o c '0 ,. ' IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 110 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF L1NDORA ANNETTA JOHNSON : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 00-8327 CIVIL TERM L1NDORA ANNETTA JOHNSON, Plaintiff v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant ORDER AND NOW, this fj day of February, 2002, on consideration of a Petition of the Redevelopment Authority of the County of Cumberland for Writ of Possession and the Petition to Make Rule Absolute, it is hereby ordered that the Rule is made absolute and a Writ of Possession shall issue for the property located at 110 West Penn Street, Carlisle, on, Condemnee. // J. A.. 5tJ ~f y .~ \...v' ~-~'- l'tT l1 ~ ~~ ~ " 'ljj 1- \:j ~ CF - n:Ml"( '.' ",. i 02 FED i :3 p" I'" --q . ; j ~.' ~ (~ """1..' liUI,/.t)t.::::"\."-' ;-';("1 j~\;T\/ "E;\r","-',' ,"';;"'~' I r j ~i\J0)'LV,!-\:\I)/\ ~_ w,,,,,~,,, ~_ .RIR~I!fu\III~Hil"''''r-~''''If$i,~~~,~~~~N1r1''-,~ct''''f?''! """~\'l!,;;'t'~';'-;";;f0"''''':''''>''i4';_~lJi~~'!i!l:i!'.~il'R;;:~'''''F;l!i&i~~;~_~~_1 I,.' ., '1.,;", .' ..'~ o o , ' " ' IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 110 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF L1NDORA ANNETTA JOHNSON : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-8327 CIVIL TERM L1NDORA ANNETTA JOHNSON, Plaintiff v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant . PETITION TO MAKE RULE ABSOLUTE The Petitioner, Redevelopment Authority of the County of Cumberland ("Condemnor"), represents; 1 Upon a Petition of the Redevelopment Authority of the County of Cumberland for a Writ of Possession, a Rule was issued on January 29, 2002, to show cause why a Writ of Possession should not issue with said Rule to be returnable five (5) days after service upon Condemnee. 2 Attached hereto and marked as Exhibit "An is an Affidavit of Service of said Rule upon Condemnee. lP.2. ~ ~~~ I I . .1 . " .' _ , ,_ ,~. o o . 3 No answer has been filed to Condemnor's Petition and said Rule is now returnable. WHEREFORE, Condemnor, Redevelopment Authority of the County of Cumberland, requests that this Honorable Court make the Rule absolute and issue a Writ of Possession for the property located at 110 West Penn Street, Carlisle, Cumberland County, Pennsylvania, in favor of Condemnor. ~ Christopher C. Houston, Esquire Attorney for Petitioner/Condemnor 114 North Hanover Street Carlisle, PA 17013 717-249-0789 F:IHOUSTONIRULEABS.WPD ~3 :r:p I ~~ I....~ ,',' -""',~ ~- 'I, __I ~'~ ,'1,<, ~, ,- I . "" '''';;:;'''J o o " I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. REDEVELOPMENT AUTHORITY OF ::E~~Ltt= Christopher Gulotta Executive Director ~4 52W ,J ~ ~I. J' ' " ~ I, " Ii ij'" c (0 IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 110 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF L1NDORA ANNETTA JOHNSON : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 00-8327 CIVIL TERM L1NDORA ANNETTA JOHNSON, Plaintiff v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant AFFIDAVIT OF SERVICE I, Christopher C. Houston, Esquire, do hereby certify that on this date I served the Rule with accompanying Petition of the Redevelopment Authority of the County of Cumberland for Writ of Possession by certified mail, postage prepaid, with service being made on February 2, 2002, on the following: Lindora Johnson 1415 Bradley Drive - #H212 Carlisle, PA 17013 and by first class mail, postage prepaid, on January 1, 2002, on the following: Melville G. M. Walwyn, Esquire P. O. Box 1083 Harrisburg, PA17108 ~6 !X/J - ~I -I", ~~j '"", ~.,. '" ,.,,"/ c o Date: f?r 10.. 1'1 > 2.~ ~"' E",";", Attorney for Petitioner/Condemnor 114 North Hanover Street Carlisle, PA 17013 717-249-0789 ~ 1-'-' , [, c 4) " Complete items 1, 2, and 3. Also complete item 4 if. Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Allach this card to the back of the maiJpiece, or on the front if space permits. 1. Article Addressed to: C. Signature x. o Agent Addressee Dyes o No D. Is delivery address diff from item 1? If YES, enter delivery address below: LINDORA JOHNSON 1416 BRADLEY DR - #H212 tARLISLE PA 17013 J J I 3. Service Type XXCertified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Copy from service label) PS Form 3811, July 1999 7099 3220 0009 5575 3897 Domestic Retum Receipt 102595-00.M.0952 i----------'__ _~~j~~,~i~,ji!~~i~1~~t,~:"j~,f*:~;'~~:iJ~J~~~?~~~;~t~~~~:~~~~;\~~!~':~~'1i'1~~:. rot c IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 110 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF L1NDORA ANNETTA JOHNSON L1NDORA ANNETTA JOHNSON, Plaintiff v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant 'I." "M L ~ , ., -..J~ . c : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-8327 CIVIL TERM CERTIFICATE OF SERVICE I, Christopher C. Houston, Esquire, do hereby certify that on this date I served the foregoing Petition with proposed Order by first class mail, postage prepaid, upon the following: Melville G. M. Walwyn, Esquire P. O. Box 1083 Harrisburg, PA 17108 Date;LI h. I) I ~O;l " Lindora Johnson 1416 Bradley Drive, #H-212 Carlisle, PA 17013 ~ Christopher C. Houston, Esquire Attorney for Petitioner/Condemnor 114 North Hanover Street Carlisle, PA 17013 717-249-0789 0a i~~~!l!lt~,t.M.m~illJ!i"'-<<"i~;a~illtifj.!ieimal'lili~.iiM~"';,i';"""r,,','""w ,.',',J".'~'!';"""O;-~+" ~"(i>,:j!~,i-iilD"_~~~'.Ii"!OfW~~jj ..-, .~ o c: +:::;>.' -UCu rnr"; Z'~r! ~~ "1"'~ C\:~) -- ~~~ pC ~ o I'J -,., j"'i ,-:D hj C.., ,,,": " , .C :"~ _~--c,. '~~,h~ ::~~ -~ ",,21 =< ~ 1" " o IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 110 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF L1NDORA ANNETTA JOHNSON L1NDORA ANNETTA JOHNSON, Plaintiff v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant TO THE PROTHONOTARY: I" , o. . ~." .. ~, , o : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.00-8327 CIVIL TERM PRAECIPE Issue Writ of Possession in the above matter to the Redevelopment Authority of the County of Cumberland for the property located at 110 West Penn Street, Carlisle, Cumberland County Pennsylvania. Date: ?,I (L(!t'J'J..., F:\HOUSTON\1 FEB14.WPO &ron. E",",,, Attorney for Defendant 114 North Hanover Street Carlisle, PA 17013 717-249-0789 ~. ~lll!ll~l~ij;k~l~~~~!iillll~!l;~J~~~JI""""-~'_~fr"""t:, 'Wi.' j",,-,;)."~' I!IIII C' C: \ <>>.c! ~ ~ ,-~ ",i;,M~!t.lWdMiillj'- -<> '" '" - ,~ . , e v.. If ~ ,~ r " ~ , '" ." L~t~~r"'.~SIU~llld.il8.!jilillll!"fiflll\llll ,~, l~ G::> ~ ~ * --. ~ .0:: "'- <:u ~ ~ oQ t -- N ~ tJ .1 '- ~ C) D o ~9W Z;j' ;:::'," 3 Cc 4~, ~:~ =-~ Q S!... ---- ~- 0; '" ~ '-r::, $:' -r-- ::s----- '" -0. -r- '-< - -- 1'; c:::; f0 '"T; -" i::G ~i' :',) c:> - -" '" -, '., I1!!dI ~ = Il!b Ib!b ~..2; c.te- %'753 /2..t- /J:J.111 --&, tf ~ /, uV . > 0- 0- @I--' ",I--' ",'" en ~ "tl > ::r Si ~ '" 'C ..., ~ Si ::r ~ ':< ':< '" ~ ('"').... O~ t-< ez sa ~. ~..., ::l (J) 8' e== 4~ tr:Itr:I ~:::;; ob ~ ~('"') t""o ?:i~ "'11 1l >e ('"').... O(J) ::l z~ . ..., ~ ~ (J) 0..., ~o rt 15:l> rt ('"')0 ","'l OJ o"'l ('"') Cj c 0 ....-= I--'rt '" c.. e('"') '" 0\0 ag '" ~ ~o ~ '?oo '" "'00 f-'. '" .><: ~ ....tr:I 4 g 0\00 til~ 0100 0 tr:I.... zo ...,0 '" ZZ r"lZ >-'I 00-= ffi ><:t"" ~~ ;":00 zo ...."'l ;.. o ~ f-'. ~ g 8- " rt ~::l'>::r ~ ::r:: ::+ (f) '"' 0 Cj I ~ a 0 8 ~ ~ . ~~O'g: ..., c Ul "tl '" rt-rt :il 8. g (J) ;::. rt _. ... ::+i t:r1 ~'" o '" OJ ~. Cj I--' f-'. '" I--' (J) - -Ef7 ff:t ff:t ff:t ~ r '1:1 OJ . i? '" rt Ii ,j' nfi""'1i.l: f!db!j ~ = [h[h, [h[h, ~... ~ Z Z " " 0 0 I co W '" " 0 .... '~ ~ f-'. I--' (;3 (;3 ..., ..., 3 3 By virtue of this writ, on the 27th day of February 2002 I caused the within named Redevelopment Authority of The County of Cumberland ,to have possession of the premises described ilVRK~M~~lI&K 110 Wes t Penn Street Carlisle. PA 17013 Advance Costs 150.00 Sheriff's Costs:73.89 76.11 Sheriff's Costs Docketing: Poundage Prothonotary Milage Possession Surcharge Refunded to Atty on 3/1/02 c ,\\\\.=:.6 , ,'\ ~~ . ,r\ ,,\'C j", ' .',' '< \1: -, \1' ~'\..'. - \ ' ~ ' " ,.- .' ~~ C\. .\ I'SI ,'oJ', \.-e.:~ . '--",'j .~, ' ~ \0 v..;.;.- L\C\ , . ," ,--. Q] ~ itt;... ~ i~ By 01 U~c. ~;\ . /,(\, :~:=}f 9"':~J ~ ~ ~,~0 $ 18.00 1.44 1.00 3.45 30.00 20.00 73.89 I :;::.S:wom and subscribed to before me this / j ~ (.~,~::'~J ;l~Y of ~ , ,02&6;u ~ ~k~ ~~ ~ Prothonotary I SOA?~ dii&l~~JiIllM!Il."""" ~"'""''"--'-~'I~!!iM&~~,,,,"''':,If!-~;;;''''--i:"''","~;U'~'''~-o!iiI.'':,''''iii!ti~W'' '. --l.~'.-_" ,-"" l ~ ~~~~II , ~- It'. i WRIT OF POSSE~ION (Ejectment Proceedings P~P 3160 - 3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Undora Annetta Johnson 1416 Bradley Drive, #H-212 Carlisle, Pa. 17013 No. 00-8327 Civil No. Term Term vs. Costs Rfflevelnrmp.nt Allthority Of The County Of Cumberland Att'y. Pl'ff (s) Prothy. $90.50 $ $ 00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of r, mhPrl ;mn County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: Rp(Jp\,e 1 npnp.nt Allthori ty Of The County of Cumberland Plaintiff (s) being: (Premises as follows): 110 West Penn Street, Carlisle, Cumberland County, Pennsylvania I j ;;.,'~ 8~,Jl ~~,~j! J"1Jc. '+"1 ...., ..~_.~~:t:l (If 'f' n:t:~:'C'\Rt) !TL~V ~,;;,I";:A' ,.I" I._,..U r',,':!lf~~' 'i2a iA}~1.l ~ '1 ~z.... o ~.OO'd I^~~ ' Prothonmarjl r .,,,. '1- r'C""'"'''' . tO~t,}~~:, '~-.~,-T;;.';~"--''' 'I!' I" '" (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. (SEAL) Curti", F T"n~ Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania By: Y-<ru.- Q ~ Date FehrllF1J:Y 14. 2002 Deputy 1.I!1!I!!)iU 'fit __. "".,~,_~.~" ",',,~,~ " ,~,' ,". ,,~,~,~.'''''''''_'"__''~ ,~-__N~~.~.-.~ ,__~,~ .,..", '._" ,,<. - " ,t "0"""'",'" . 0" ,.., . IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 110 WEST PENN: STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF LINDORA ANNETTA JOHNSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-8327 CIVIL TERM EMINENT DOMAIN LINDORA ANNETTA JOHNSON, Plaintiff V. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE Edgar B. Bayley, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Wednesday, December 12, 2001, in Courtroom Number Two. APPEARANCES: Melville G. M. Walwyn, Esquire For the Plaintiff Christopher Houston, Esquire For the Defendant 11 tJA" o o INDEX TO WITNESSES FOR THE PLAINTIFF DIRECT CROSS REDIRECT RECROSS Lindora Johnson 40 49 FOR THE DEFENDANT Michael H. Landis 4 11 Kenneth W. Womack 14 16 William C. Varner 17 22 26 Cassandra J. Crockett, on qualifications 27 28 Cassandra J. Crockett 30 35 Peggy S. Bower 36 2 tJ- 00 L " . ,'-- . o . INDEX TO EXHIBITS FOR THE PLAINTIFF MARKED ADMITTED Ex. No. 1 - plans 45 50 FOR THE DEFENDANT Ex. No. 1 - photographs 8 50 Ex. No. 2 - letter 8 50 Ex. No. 3 - J. E. Husie demolition proposal 19 50 Ex. No. 4 - TDHI demolition proposal 19 50 Ex. No. 5 - appraisal 30 50 Ex. No. 6 - cash disbursement voucher 37 50 3 " 1,,- "'. .~--"~ ~73 ^ " . . 1 I ._ ~I' . o o 1 THE COURT: Two separate properties for 2 condemnation, correct? 3 4 5 6 MR. HOUSTON: That's correct, Your Honor. MR. WALWYN: Yes, Your Honor. THE COURT: You may proceed. MR. HOUSTON: Your Honor, on behalf of the 7 Building Authority, we had filed a condemnation with 8 respect to the property at 110 West Penn Street. We are 9 ready to proceed with that proceeding initially, and then 10 followed by a separate action pertaining to the property of 11 174 West Penn Street. 12 13 separately. 14 15 THE COURT: All right. We'll do them MR. HOUSTON: Yes. THE COURT: We'll hear both parties, and 16 then we'll go on and do the next one separately. 17 MR. HOUSTON: As far as the order of 18 proceeding, Your Honor, even though technically Ms. 19 Johnson's noted as the Plaintiff and we are the Defendant, 20 what's the order that you wish for us to proceed? 21 22 THE COURT: I think you should proceed. MR. HOUSTON: Okay. I would like to call 23 Michael Landis, please. 24 Whereupon, 25 MICHAEL H. LANDIS 4 l~ ~ '" ~ - . 'u"_ . c o 1 having been duly sworn, testified as follows: 2 DIRECT EXAMINATION 3 BY MR. HOUSTON: 4 Q Would you state your name, please? A Michael H. Landis. Q And your address? A 722 York Road, Carlisle. Q And how are you employed? A 1'm employed as the Codes Enforcement 5 6 7 8 9 10 Officer for the Borough of Carlisle. 11 And how long have you been so employed? Q 12 Approximately 4 years. A 13 Q And prior to that how were you employed? 14 Starting in 1972 I took a job with a A 15 construction firm here locally. I worked as a carpenter. 16 I did residential and commercial construction. I worked 17 at that job for 4 or 5 years, went to Millersville 18 University and got a degree, Bachelors of Science in 19 Industrial Arts. I worked part-time in construction while 20 I did that. 21 In 1981 I took a job with Carlisle Syntech 22 as a commercial roofing inspector, and I worked there for 23 16 years, and that brought me up to the time period that I 24 was hired by the Borough of Carlisle. 25 Are you familiar with a property located in Q 5 " _ ~~ ,'L; l~,..."",,;,;,~ r tJ ~ . 0... ~ . 1 the Borough of Carlisle at 110 West Penn Street? 2 3 A Yes, I am. Q And prior to today's proceedings, have you 4 had an opportunity to review the Borough's codes files 5 relative to that property? 6 7 8 property? 9 10 11 A Yes, I have. Q Was there at one time a fire at that A Yes, there was. Q And when did that occur? A I believe our records indicate that fire 12 occurred December lOth of 1994. 13 Q To the best of your knowledge, has that 14 property been inhabited since that date? 15 16 A No, sir. Q Is there a history of any building permits 17 having been issued on that property since the date of the 18 fire? 19 A The records indicate -- now, this all Yes. 20 occurred prior to me working for the Borough, but our 21 records indicate that there were permits obtained in 1996. 22 23 24 25 BY MR. HOUSTON: MR. WALWYN: Excuse me. There were what? MR. HOUSTON: Permits. MR. WALWYN: Permits. 6 l~ . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ~ ~ ~ '- I' '" _ I '_ ~"- d.&. o o Q What kind of permits? A There was a building permit for renovations to the building. Q Have there been any building permits issued since that date? A There was one the month following -- it was August of '96 that the first permit was pulled. There was another permit, I think, within 30 days. That permit was basically to correct some of the code deficiencies that weren't -- I think they were a result of a modification of the building plan that they had presented. Q Are those building permits -- or subsequent to that, the last modification, have there been any building permits issued? A No, there haven't. Q The permits that were issued in 1996, are 17 they valid building permits today? 18 19 A Q No, they are not. Have you had an opportunity to view or visit 20 that property and look at the interior? 21 A Yes, I have. 22 23 Q A When did you do that? We were requested by the Redevelopment 24 Authority to go to that property at 110 West Penn, and I 25 believe that occurred on July 13th of the year 2000. 7 iT . U t ,> -- ~ ----, e . o .' .. 1 Q And were you accompanied by Lindora Johnson, the owner of that property? A Yes, we were. Q And was Bill Varner with our staff also along on that visit? A Yes, he was. 2 3 4 5 6 7 (Whereupon, Defendant's Exhibit 1 was marked 8 for identification.) 9 BY MR. HOUSTON: 10 I'm showing you photographs which have been Q 11 marked as Defendant's 1, and I would ask if you could 12 identify what they show? 13 These are some exterior photos of the A 14 building at 110 West Penn Street. 15 And that is the condition of the building as Q 16 you observed it in July of 2000. Does that accurately 17 reflect it in those pictures or are there any modifications 18 that have been made to the property? 19 These pictures accurately describe or give A 20 the condition of the building. 21 Q As of the time of your inspection? 22 Yes, sir. A 23 (Whereupon, Defendant's Exhibit NO.2 was 24 marked for identification.) 25 BY MR. HOUSTON: 8 1& I, " - ~ ;::;~ I ~ L ~~ ...- - ~ _ L .~~ o . 1 Q I'm showing you what's been marked as 2 Defendant's 2, and I would ask if you would identify what 3 that is, please. 4 A This is a follow-up letter that I sent to 5 you, Chris Houston, at the Redevelopment Authority as a 6 result of the field inspection that we did July 13th of 7 2000, indicating the worst of the -- what I refer to as 8 deficiencies or defects, structural or otherwise code 9 problems in that particular building. 10 Q When you made your inspection, was that 11 property habitable at that time? 12 A No, sir. 13 Q Would you relate for the Court the list of 14 deficiencies that had you noted? 15 A Would you like me to read it top to bottom? 16 THE COURT: Go slow so she can take it. 17 THE WITNESS: Okay. Number 1, no mid-span 18 bearing beams for the second floor. No indication of 19 column footings for support columns for mid-span beam. 20 Second floor structural framing has been modified with 21 additional undersized framing lumber. Wall bearing ledger 22 for floor joists is not properly sized. 23 Number 2, insufficient wall bracing for 24 exterior frame walls. Sill plate along west wall is badly 25 deteriorated. 9 ~ \ " "" L ~ ~ ,",' .."". ~ I' o . 1 Number 3, no indication of continuous 2 footing/foundation of exterior bearing wall. 3 Number 4, structural framing at stairway is 4 deficient, floor is unsupported, floor frame has no header 5 at the stairway opening. 6 Number 5, roof framing made up of 2 x 4's at 7 low slope and long spans, I question the ability of this 8 frame to support live and dead loads without addition of 9 midspan support beam. 10 And number 6, radiator hose incorporated in 11 plumbing drain line. Plumbing installation not to code. 12 Number 7, window and door glazing broken or 13 missing. Interior was exposed to weather. 14 Number 8, the rear addition unsafe. Could 15 not inspect. 16 Number 9, electrical service shows no sign 17 of inspection by Electrical Inspection Agency. Electric 18 supply wire with insulation removed, inserted directly into 19 outlet at service, no outlet plug installed on this wire. 20 That's the list. 21 Q After having viewed the property, and 22 considering these items that you just listed, did you have 23 any concerns regarding the structural integrity of that 24 building? 25 A Absolutely. 10 ~ - co o 1 Q And what are those concerns? 2 A Without a huge amount of work, basically the 3 building, in my mind, would be better off to be demolished 4 than to be repaired. 5 Q Are you saying that -- so based on your 6 experience as a codes officer and your experience in the 7 construction business, is it your opinion that the cost of 8 repairs would accede the value of that structure? 9 A In my opinion it would far accede the value 10 of the property. 11 Q So again, your opinion is that that property 12 should be structure should be demolished? 13 A Yes. 14 MR. HOUSTON: I have no further questions. 15 THE COURT: Cross. 16 CROSS EXAMINATION 17 BY MR. WALWYN: 18 Q When you say the costs to repair that 19 building would far accede the value of the property, that 20 doesn't include labor and materials, et cetera, et cetera? 21 A Yes, sir. 22 Q In other words, if the owner of the property 23 had somebody who was going to do the work for her basically 24 labor free, would that still be correct? 25 A That still would be correct, sir. 11 Y;1 1fT ""~ - - -,. ~ ~ I, ~-' .~f ., . 1 Q It still would be? 2 A Yes, sir. 3 Q Okay. Why would you say that? You're 4 saying just the basic costs of the materials would be -- 5 would far accede the value of the property? 6 A Yes, sir. Basically you would have to 7 support the whole second and third floor to correct all of 8 the deficiencies in the first floor and the foundation and 9 the outside walls and in the floor framing, and to do that 10 you would have to jack up everything, have it supported, 11 and I mean it's really beyond what a handyman person would 12 even attempt to do and do it correctly. 13 Q Had there been some framing work already 14 done at the property, to the best of your knowledge? 15 A There were different indications that work 16 was done. Our files don't indicate that any inspections 17 were made, nor was any of that work approved by the Borough 18 Code Office. 19 Q Do you have any idea when that work was 20 done? Whether it was done during a period that there were 21 building permits for it? 22 A That would be my assumption. I came to the 23 job in '97. So I would have to assume that it occurred 24 prior to December of '97. 25 Q You indicated in your direct testimony that 12 ~~ ~ c . 1 there were no valid permits issued since 1996, I think, 2 October of 1996, September. Were there any applications 3 made for building permits since that day? 4 A To the best of my knowledge not for 110 West 5 Penn. 6 Q Okay. How long is a building permit 7 usually valid for? 8 A The BOCA code addresses that, and typically 9 it's 6 months. Now, the only leniency there is if work is 10 ongoing, and it's a project that the scope of the project 11 would require it to last more than 6 months. In those kind 12 of instances we're not talking about a residential 13 structure. Usually we're talking about a commercial 14 structure, let's say several million dollars worth of 15 construction that just by its nature, it's more than a 6 16 month project. 17 Q Okay. Did you personally have any 18 conversations with Ms. Johnson concerning this property? 19 A I believe we spoke about 174. I don't 20 necessarily remember any discussions about 110 West Penn, 21 other than at the meeting that we had. 22 Q By the meeting you had you mean the day you 23 went to visit the property? 24 A Yeah, the July 13th, 2000, meeting, sir. 25 MR. WALWYN: The Court's indulgence, ~3 13 ~ c . 1 please. 2 3 4 5 6 THE COURT: Urn-hum. MR. WALWYN: That's all I have, Your Honor. THE COURT: Any redirect? MR. HOUSTON: No redirect. THE COURT: Sir, you may step down. Next 7 witness. 8 MR. HOUSTON: We call Ken Womack, please. 9 Whereupon, 10 KENNETH W. WOMACK 11 having been duly sworn, testified as follows: 12 DIRECT EXAMINATION 13 BY MR. HOUSTON: 14 Q State your name, please. 15 A My name's Kenneth W. Womack. 16 17 18 19 20 21 22 23 24 25 Q And your address? A 512 West South Street in Carlisle. THE COURT: Spell your last name for me. THE WITNESS: W-o-m-a-c-k. BY MR. HOUSTON: Q And how are you employed? A I'm the Planning and Zoning Codes Manager for the Borough of Carlisle. I carry the additional titles of Zoning Officer and Chief Code Enforcement Officer. 14 1n'r 1 c ~ Q Are you familiar with respect -- are you 2 familiar with the property at 110 West Penn Street? 3 4 5 lie? 6 7 district. 8 A Yes, sir, I am. Q In what zoning district does this property A It's in the R-4 town center residential Q Are there any commercial uses permitted in 9 that zoning district? 10 11 A No, there are not. Q You're familiar with the prior use of this 12 property; is that correct? 13 A I understand it was a residential, yes, 14 single family detached residential. 15 Q With respect to the property that is 1,338 16 square feet in size, and which would have a lot frontage of 17 16 feet, and a depth of approximately 81 feet, what would 18 be permitted to be built -- or what would that property be 19 able to be used for within the zoning district as far as 20 structures being placed thereon? 21 A The lot is so small that it does not meet 22 the minimum lot size for any type of dwelling unit in the 23 Borough without some kind of relief from the ordinance. 24 Q The structure that is on there now, to the 25 best of your knowledge does that predate the current zoning 15 ~ ~ 1 ordinance? 2 3 o o A To my understanding, it does. nothing to indicate that it does not. 7 8 13 Do you know? I have seen 4 Q So with respect to the use of this lot, 5 zoning variances would need to be obtained to use it for 6 any of the permitted purposes under the zoning district? A That's correct. MR. HOUSTON: I have no further questions. 9 THE COURT: Cross. 10 CROSS EXAMINATION 11 BY MR. WALWYN: 18 19 20 Q How long has this been zoned residential? A No, sir, I don't, right off the bat. been quite some time though. It's 16 Q Do you know whether it was ever used as a 17 commercial property at any time in the past? 22 23 24 25 A Q A The specific property at 110? Yes. I don't know that it has, sir. We saw no 12 14 15 21 indication in the records that it was. On the prior question, the current ordinance was adopted in 1988. I can tell you at that time the property became -- it was residential for certain at that date. Q Okay. Thank you. Did you have any 16 ~ c . 1 conversations with Ms. Johnson concerning rehabilitating 2 this property? 3 A I may have. If I did, I don't remember. 4 I talk to an awful lot of people. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 6 conversation? Q Would your records indicate any such A Not unless it resulted in some action that I took, but I'm not aware of it. moment. Q Okay. MR. WALWYN: The Court's indulgence for one No further questions. MR. HOUSTON: No further questions. THE COURT: MR. HOUSTON: You're excused. Next. We call Bill Varner, please. Whereupon, WILLIAM C. VARNER having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. HOUSTON: Q Would you state your name for the record, and spell your last name, please. A William C. Varner, V-a-r-n-e-r. Q A Q And your address? 51 Leagues Road, Newville, Pennsylvania. And how are you employed? 17 ~7 o o 1 A I'm employed at the Cumberland County 2 Redevelopment and Housing Authority as a Housing 3 Rehabilitation Specialist. 4 Q And what are your duties as a Housing 5 Rehabilitation Specialist? 6 A I do work write-ups and specifications for 7 rehabilitation projects that are to be put up for bid. I 8 run the bidding process, and I do construction management 9 and project managers on the job. 10 Q And in your capacity as -- and being in that 11 position, have you also had occasion to retain the services 12 of contractors for purposes of performing demolition work? 13 14 A Q Yes. Are you familiar with the property at 110 15 West Penn Street? 16 17 18 property? 19 20 A Q Yes. Did you have occasion to inspect that A Q I did. And did you -- was that along with Mr. 21 Varner -- or excuse me, with Mr. Landis? 22 23 A Q Yes. You were present in court, and you heard the 24 list of what Mr. Landis noted as deficiencies, code 25 problems in that property. Would you concur with his 18 u 9 10 11 12 13 14 15 16 o . 1 findings? 2 3 A Q Yes, I do. By the way, how many years have you been 4 employed with the housing authority in the capacity that 5 you are employed? 6 A Twenty-three years. 7 Q Okay. And prior to that how were you 8 employed? A Prior to that I was a home improvement contractor. Q Okay. Based on your experience, do you have an opinion on whether the costs of repairs to that structure would accede the value of the existing structure? A Yes, I believe it would. Q A And what is that opinion? I believe that the costs to repair it would 17 accede the value of the property. 18 THE COURT: Are you saying the value of the 19 structure? 20 THE WITNESS: Yes. 21 THE COURT: Okay. 22 (Whereupon, Defendant's Exhibits 3 and 4 23 were marked for identification.) 24 BY MR. HOUSTON: 25 Q I'm showing you a document which has been 19 ~ II I: " -' -~~ N c . 1 marked as Defendant's Exhibit 3, and I would ask if you 2 could identify what that is, please. 3 A That is a demolition proposal that I 4 received from J.E. Husic Wrecking and Demolition from 5 Dillsburg. 6 7 Q And why did you seek this proposal? A I got this proposal for demolition at your 8 request because we obtained property, and this was the only 9 recourse that we saw for this property, was to tear it 10 down. 11 Q Is this proposal, the written proposal you 12 received, is that for two properties? 13 14 15 16 Street. 17 A Yes. Q And what were those two properties? A 110 West Penn Street and 174 West Penn Q And did you ask the contractor to break out 18 the costs for 110 West Penn Street? 19 20 21 22 A Yes, I did. Q And what was that cost? A $14,710.00. Q Based on your experience, and in having 23 obtained prior proposals for demolition of structures, did 24 you feel that that was a fair cost? 25 A Yes, I did. 20 90 tfr o . 1 Q Are there any peculiarities with respect to 2 this particular property which would make demolition that 3 much more difficult? 4 A Yes. The property is not large enough to 5 get equipment in, and there are wires, utility lines and so 6 forth on the front of the property. So, therefore, it has 7 to be demolished by hand. 8 Q And what was the date of that proposal, that 9 demolition cost proposal? 10 A This was March 29th, 2001. 11 Q I'm showing you what's marked as Defendant's 12 4, and I'm going to ask if you can identify what that is, 13 please? 14 A This is a proposal for the same project from 15 TD Horne Improvement of Mechanicsburg. 16 Q And is that for the same property? 17 A That's for the same property, yes. 18 Q And what was the date of this proposal? 19 Does it say prepared November 20? 20 A Yes. Yes, I couldn't find it. I knew it 21 was November. November 20th. 22 Q of what year? 23 A of 2001. 24 Q And what's the cost of that proposal? 25 A This one is $14,560.00. 21 ~ ~ 1 o . MR. HOUSTON: I have no further questions. 2 CROSS EXAMINATION 3 BY MR. WALWYN: 4 5 property? 6 7 yes, sir. 8 Q Is Exhibit 4 for two properties or just one A This one is just for 110 West Penn Street, Q Okay. Did you come up with any numerical 9 figures as to what it would cost to -- what it might cost 10 to repair that structure? 11 12 A I didn't understand you. I'm sorry. Q Did you come up with a figure as to what it 13 might cost to repair that structure? 14 15 16 A To rehabilitate? Q A Yes. Oh, I really haven't put a cost estimate 17 together, but in my past experience though, and in 18 everything that I'm aware of that would need done to that 19 property, I believe to have a contractor come in there to 20 do the job would -- it would be between fifty and sixty 21 thousand dollars. 22 Q When did you make that determination? Was 23 that the date of November 13th when you entered to inspect 24 the property? 25 A No. I just now made that determination on 22 ~ ~ o o 1 -- based on the question you asked me. With my past 2 experience. 3 4 property is? 5 6 7 8 Q Okay. Do you know what the value of the A No, I don't. Q Okay. A Not off the top of my head, I don't. Q But it still is your opinion that the cost 9 to rehabilitate the property would be far in excess of the 10 value of the property? 11 12 A Yes, sir. Q Okay. Did you have any discussions with Ms. 13 Johnson about making certain structural changes to the 14 property at any point, like removing the stairways and 15 boarding the property up, et cetera? 16 A I believe there was some mention whenever we 17 went through the properties of some things that would have 18 to be done. I did not record or take minutes of that 19 meeting. So I don't recall details of the discussions. 20 Q Do you recall whether any of those 21 discussions would -- whether she was told to do some of 22 these things in order to prevent condemnation? 23 A I did not. It was not my position to tell 24 her what needed to be done at that point. I mean her 25 conversations and her communications on this project were 23 ~ ~ o o 1 with Chris Houston, the solicitor for the Redevelopment 2 Authority. That was not my position. 3 Q My question is do you know as the manager of 4 the your position with the Redevelopment Authority, do 5 you know whether or not any discussions were had with Ms. 6 Johnson concerning doing certain things to prevent the 7 possibility of condemnation? 8 A I believe there Was. 9 Q Now, wasn't it part of the -- part of your 10 visit on November 13th to determine whether those things 11 that she was told had, in fact, been done? 12 A I'm not sure about that. November 13th of 13 -- was that that wasn't this year? 14 Q That was 2000. 15 A Well, I think that meeting was determined 16 was to determine if anything had been done to correct 17 deficiencies in the building, and at that point we felt 18 that it wasn't. 19 Q If any of these discussions had been had, 20 you would have known about it, wouldn't you? 21 THE COURT: Well, he could only know what 22 he heard. 23 THE WITNESS: Not necessarily. I work in 24 another department, and I have other responsibilities, and 25 our solicitor would be responsible for communications such 24 1~ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1'_ '. . 1.1. " -,,' o . as that, and I'm not privy to everything that goes on in the office. I'm in a much lower level than that. BY MR. WALWYN: Q How long have you worked for the Redevelopment Authority? A Twenty-three years. Q So you knew about this property since it's inception, am I correct? A Q A Yes, sir. So you knew about the fire in '94? Yes, sir. MR. WALWYN: The Court's indulgence. BY MR. WALWYN: Q So after the fire were you part of the inspection team that went in and looked to see what the problems were? A No, sir, not at that time. You just asked me if I knew about the fire. fire. I had known there was a Q Good enough. A But I had nothing to do with any inspections after the fire, no, sir. Q At what point did you become involved in 24 this matter? 25 A I became involved when it was brought to the 25 Vf~6 o o 1 forefront as a blighted property, and I do -- in our office 2 I do the inspections for the Blighted Property Review 3 Board. 9 Q A Q involved? A of 2000. Q that? A And you had not been to the property before 10 11 13 not done any inspections or anything, but several times 14 over the years I had had dealings with Walter Johnson, who 15 used to own that property, and at different points he had 16 done some work for us, and so in that respect I was very 17 much aware of the property, but I was not involved in it as 18 an inspector or anything like that at that time. 19 MR. WALWYN: I have no further questions of 20 this witness. 21 REDIRECT EXAMINATION 22 BY MR. HOUSTON: 23 Q Mr. Varner, you testified that you became 24 involved in November of 2000. You were along, in fact, 25 with that inspection that Mr. Landis had conducted in July 26 ~ " I -.', " ._~ < I. -~ o o 1 of 2000; is that correct? 2 3 4 5 6 A Yes. Was that when it was? July, I'm sorry. That was my mistake. Q A Is that what you were referring to? That's what I was referring to, yes. MR. WALWYN: It was my mistake. I said 7 November, and I meant July. 8 MR. HOUSTON: No further questions. 9 MR. WALWYN: No questions. 10 THE COURT: You may step down. 11 12 13 14 15 16 MR. HOUSTON: Cassandra Crockett, please. Whereupon, CASSANDRA J. CROCKETT having been duly sworn, testified as follows: DIRECT EXAMINATION ON QUALIFICATIONS 17 BY MR. HOUSTON: 18 Q Would you state your name, please, and spell 19 your last name? 20 A Cassandra J. Crockett, C-r-o-c-k-e-t-t. 21 THE COURT: Spell your first name for me. 22 THE WITNESS: C-a-s-s-a-n-d-r-a. 23 BY MR. HOUSTON: 24 25 Q A And your address? 270 South Lewisberry Road in Mechanicsburg. 27 ~ 1 2 3 4 5 6 7 8 9 10 11 I ~ ~ ,,' ~-- ,I, "~""Oi..:> o . Q A And how are you employed? I'm a Certified Real Estate Appraiser in Steven Barrett's appraisal office in Carlisle. Q And how long have you been so certified? A Since 1993. Q And how long have you been employed in the Steven Barrett Real Estate Office? A Since 1983. I was a real estate sales person. Q A So you obtained your certification in 1993? Correct. 12 Q How long have you performed appraisals in 13 the Carlisle area? 14 A Since 1993, and I worked on appraisals on a 15 research capacity prior to that. 16 Q Okay. And are you familiar with the 17 property at 110 West Penn Street? 18 19 A I am. MR. HOUSTON: Your Honor, I would like to 20 offer Cassandra Crockett as a qualified valuation expert. 21 THE COURT: Any questions on 22 qualifications? 23 24 25 MR. WALWYN: Just a few, Your Honor. THE COURT: Sure. CROSS EXAMINATION 28 ~ 4 5 6 7 8 9 10 11 12 o . 1 ON QUALIFICATIONS 2 BY MR. WALWYN: 3 Q What does it take to become certified as a real estate appraiser? A It takes courses. You have to pass courses, and so many years of experience working in the field prior to taking the test for certification. Q And after you pass the test do you become certified immediately thereafter? A You have to work under someone who is also a qualified appraiser. Q For how long? 13 A For how long after you take the 14 certification? 15 Q Urn-hum. 16 A You work under someone while you're training 17 to become a certified appraiser. 18 Q So how long after you passed the test were 19 you certified? 20 A It took me about three years. 21 Q In 1996 then? 22 A I'm sorry. Prior to '93. I passed No. 23 the test in '93. 24 25 Q Oh, okay. THE COURT: Once you take the test you get 29 q~ o o 1 to be certified because you passed it, right? 2 THE WITNESS: Correct. 3 THE COURT: Okay. 4 THE WITNESS: In the State of Pennsylvania. 5 BY MR. WALWYN: 6 Q Is there a certain number of appraisals that 7 you have to be involved in before you get certified? 8 A There is. I'm forgetting the exact number. 9 There's a certain number of credits that you have to pass, 10 and there's a certain number of -- amount of experience 11 that you have to have. 12 Q But you have done all of that, and you've 13 passed all of it, and you've got all of your credits and so 14 on? 15 A Yes. 16 MR. WALWYN: I have no further questions. 17 THE COURT: She may testify. 18 (Whereupon, Plaintiff's Exhibit No.5 was 19 marked for identification.) 20 DIRECT EXAMINATION 21 BY MR. HOUSTON: 22 Q I'm showing you what's been marked as 23 Defendant's Number 5, and I would ask if you could identify 24 what that is, please? 25 A This is my report -- appraisal report for 30 JDO ~ c . 1 the property located at 110 West Penn Street. 2 And what is the date of that report? Q 3 It was done as of August 21st, 2000. A 4 And when had you actually gone to the Q 5 property and inspected the property? 6 The as of date of the appraisal is the date A 7 that it was inspected. 8 Okay. What is your opinion as to the Q 9 highest and best reasonably available use of this 10 particular property based on your appraisal? 11 Based on the condition of the improvements A 12 at the time of my inspection, I feel the highest and best 13 use of the property is as vacant land. 14 Q And why do you say that? 15 A Because of the deteriorated condition of the 16 property. It was padlocked, boarded up, windows broken. 17 It appeared that it had reached the end of it's useful 18 life. 19 For purposes of placing a value on this Q 20 property as vacant land, what valuation approach did you 21 utilize? 22 A I used the sales comparison analysis. 23 Q And why did you use that approach? 24 A Because that allows me to compare the 25 property to other vacant land that has sold within the 31 f D I cr/r II, ". .' ~. c . 1 Borough. 2 Q Were you able to find comperables? 3 A I did find comperables. There are limited 4 comperables within the Borough, but I found three 5 comperables. 6 7 8 9 Q And what was their location in proximity to the subject property? A The first was on Bryn Mawr Road, which is approximately a half mile from the subject. The second 10 was on Franklin Street, which is also approximately a half 11 mile, and the third was on Kenwood Avenue, which is one 12 mile from the subject site. 13 Q Were they similar enough for your purposes 14 and for purposes of arriving at a value? 15 A They were similar enough. They were the 16 best available. They were all slightly larger than the 17 subject site. 18 Q And how did you arrive -- well, let me 19 strike that. What WaS the value that you then did arrive 20 at for this property? 21 A A value of $7,000.00. 22 23 Q A And how did you arrive at that value? By adjusting the comperables per square 24 foot. I also made an adjustment for the location of these 25 comparable properties since the properties in those 32 ~ ~ Il . , . , . I ~,~ c o 1 neighborhoods are slightly of higher historic value. 2 Q In arriving at the value, were there any 3 considerations given as to whether or not this lot could be 4 utilized for construction of any other use on that 5 property? 6 A This property, because of it's size, would 7 require variances to do anything with it, and it's probably 8 best utilized by one of the abutting property owners in 9 addition to other land. 10 Q Okay. What was the square foot price that 11 you arrived at for this property? 12 A This one, after evaluating, was at $5.23 per 13 square foot. 14 Q Now, since the date that you had performed 15 this appraisal, were you able to -- did you come across any 16 other comperables that were perhaps closer location wise to 17 this particular property? 18 A After this report was completed, there was 19 another vacant lot that did sell in November of 2000. It 20 was within a block of the subject property. It was 21 larger. With adjustments, that property worked out to 22 $2.70 per square foot, but that was on an alley, which this 23 is on a township street so 24 Q Okay. Did that confirm, in your mind, that 25 this was a good per square footage value that you arrived 33 103 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 o . at? A It did. Q And you have not given any appraised value then for the structure on this property; is that correct? A I did not give any value to the improvements. Q Now, you heard testimony in court today concerning the fact that the property -- that the improvements that would be necessary for this property accede the value of the structure. Did you hear that testimony? A I did. Q And did you also hear testimony concerning the cost of demolition that would have to be undertaken to remove the structure of the property? Did you hear that 16 testimony? 17 18 A Q I did hear that. What impact does that testimony have on the 19 appraised value of this lot? 20 A Well, normally that would -- the cost of 21 raising the improvements would be deducted from the value 22 of the site. However, since that would create a negative 23 number, it would effectively cancel out the value of the 24 25 site. Q So that the final value of this property ~~ ~ 34 IF .' - o . 1 would be what then? 2 3 A Would be zero. MR. HOUSTON: I have no further questions. 4 CROSS EXAMINATION 5 BY MR. WALWYN: 6 7 8 Q The similar properties that you looked at? Urn-hum. A Q The three comparab1es, did they have 9 structures on them also? 10 11 12 13 A NO, they were vacant lots. They were just vacant lots? Yes. Q A Q All right. When you made your inspection, 14 did you go inside the building? 15 16 and padlocked. 17 exterior. 18 19 determination? 20 21 A No, I didn't. The property was boarded up I just made an inspection from the Q And that was sufficient for your A It was. Q The figures that you heard earlier 22 indicating what it might cost to repair or rehabilitate 23 this property, what is your opinion of those figures? 24 25 A The costs to cure the property? Q Yes. 35 I:, .c.. ,tfJ # 1 2 3 4 5 6 7 8 e o A I would think it would not make sense to try to repair that property because the range of value in the neighborhood would be less than what those repairs would be. Q Even though you didn't go inside of the property? A Q Right. Could you indicate for the Court the range 9 of the value of the properties in that area? 10 A Twenty thousand perhaps to sixty thousand. 11 Q And what condition? 12 A Varying conditions. The better kept 13 properties, of course, would be in the higher range. 14 Q And in that range, where would you put this 15 property? 16 17 18 19 20 A Q Below twenty. Below twenty. MR. WALWYN: MR. HOUSTON: THE COURT: No further questions. No further questions. You're excused. Just leave 21 your report here, please. 22 MR. HOUSTON: I would call Peg Bower. 23 Whereupon, 24 PEGGY S. BOWER 25 having been duly sworn, testified as follows: 36 I~ ,'I., -,~ ,~" L,. I, o o 1 DIRECT EXAMINATION 2 BY MR. HOUSTON: 3 Q State your name, please. Spell your last 4 name. 5 A Peggy S. Bower, B-o-w-e-r. 6 Q And your address? 7 A 9 Shea Court, Carlisle. 8 Q And how are you employed? 9 A I'm currently Finance Director at the 10 Redevelopment and Housing Authorities of Cumberland County. 11 Q And is it your office that takes care of 12 doing such things as paying real estate tax bills for 13 properties owned by the Redevelopment Authority? 14 A Yes. 15 (Whereupon, Defendant's Exhibit NO.6 was 16 marked for identification.) 17 BY MR. HOUSTON: 18 Q And are you familiar with the property 19 acquired by the authority via a filing of a Declaration of 20 Taking at 110 West Penn Street? 21 22 23 24 25 A Yes. THE COURT: What was the date of that declaration? MR. HOUSTON: That was November 29, 2000. THE COURT: Okay. 37 /61 II , ,. .'-'" '-''i1":: e O. ',,' 1 BY MR. HOUSTON: 2 Q I'm showing you what's been marked as 3 Defendant's 6, and I would ask if you could identify what 4 that is, please? 5 This is an analysis that I prepared of A 6 payment that was made for taxes on the property at 110 West 7 Penn Street. 8 Now, the Redevelopment Authority acquired Q 9 the property in November -- November 29th of 2000, correct? 10 That's your understanding? 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A That's my understanding, correct. Q Did the Redevelopment Authority pay any taxes for the tax period of 1999 for County and Borough taxes and for the tax period -- or for school taxes for the tax year 1999 through 2000? A Yes. Q And what was that payment? A That payment amount was $207.93. THE COURT: You mean the total? THE WITNESS: Yes, for that particular period of time. THE COURT: Two hundred and seven what? THE WITNESS: $207.93. THE COURT: Okay. 25 BY MR. HOUSTON: 38 10$. 10 -. ' " -'- ,- ""'. , o o 1 Q And those were payments made to the 2 Cumberland County Tax Planning Bureau? 3 4 5 6 7 8 9 A Yes, in January of 2001. Q Did the Redevelopment Authority pay County and Borough taxes for the year 2000? A Yes. Q And what was that amount? A $69.58. THE COURT: And that was for what, ma'am? THE WITNESS: For 2000 -- the year 2000 11 County and Borough taxes. 12 THE COURT: County and Borough. Okay. 13 BY MR. HOUSTON: 14 Q And did the Authority pay the school taxes 15 for the year 2000/2001 for that property? 16 A Yes. 17 18 19 20 21 22 23 Q A And what was that amount? $125.03. MR. HOUSTON: Thank you. That's all I have. MR. WALWYN: THE COURT: MR. HOUSTON: I have no questions. You're excused, ma'am. Your Honor, we have no further 24 witnesses to testify. 25 THE COURT: Okay. You may proceed. 39 /ftj. 1 c o MR. WALWYN: Thank you. 2 Whereupon, 3 LINDORA JOHNSON 4 having been duly sworn, testified as follows: 5 DIRECT EXAMINATION 6 BY MR. WALWYN: 7 8 9 10 11 pennsylvania. 12 Q State your name for the record, please. A Lindora Johnson. Q And your address? A 1416 Bradley Drive, H-212, Carlisle, Q And you're the same Lindora Johnson who owns 13 the property at 110 West Penn Street, correct? 14 15 A Yes. Q And that's what we're here about today. 16 How long have you owned the property? 17 A I became the sole owner of that property in 18 February the 23rd of 2000, from a divorce. 19 20 21 22 before that? 23 24 25 Q Okay. Before that who owned the property? A Walter and Lindora Johnson. My ex-husband. Q You were at least part owner of the property A Yes. Q For how long before that? A Maybe 8 years; 7, 8 years. 40 1t6 ~ 1 c o Q And you're aware of the attempts by the 2 Redevelopment Authority to condemn the property? 3 4 5 A Yes. Q And how long have you known that? A When I found it out, I went to a meeting 6 they held at 2 West Penn Street here in Carlisle. 7 8 Q Excuse me. How long have you known that? A I guess right when they started the 9 condemnation proceedings. 10 11 recall? 12 13 Q Do you know what year that was? Do you A I guess it was '99. It started in '99. Q Did you take any -- did you make any steps 14 or take any steps to prevent the taking? 15 16 17 A Yes, I did. Q What did you do? A I was told to board it up, secure it, remove 18 any -- clean it up around there, and I did everything that 19 I was supposed to do. I removed the back -- the stairs 20 that they said was falling. I removed the back patio, and 21 I put boards in the windows. 22 23 24 Q When you said they -- A The Redevelopment Authority. Q Do you have any specific name of anybody who 25 told you what to do? 41 IVI fIlS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 o o A Yes. Mr. Chris Gulotta, and Mr. Chris Houston. I talked with them both. Q Okay. Did you talk to any of the witnesses who are here today? A Yes, I did, I talked to Mr. Womack. I've talked with I can't remember this gentleman here sitting right beside Mr. Houston right now. I talked with him several times. And when I went to get a permit, they kept on referring they had to refer back to the Redevelopment Authority. I asked them were they both one organization, and they said no. I said, well, why do I have to refer to the Redevelopment Authority? Q Well, was it after the Redevelopment Authority had begun it's condemnation process? A Yes, it was. Q Okay. Now, the steps -- I know you just testified that you boarded the property up and so on. What other steps did you make towards rehabilitating the property, if you will? A Well, I went in -- I had a contractor, which is a friend of mine, he went in and he started doing some work in there. That was prior to them coming for the inspection of it. Q Did he A He did framework. 42 ~ ~ o o 1 Q Did he apply for a work permit? 2 A Yes, he did. He had a lot of trouble 3 getting it, but, yeah, I applied for a work permit. 4 Q When did you get that work permit? 5 A Well, I mean I'm going too fast here. 6 Q Take your time. 7 A The work permit -- I already had a work 8 permit in '96. I asked them since then, in between time 9 -- through my divorce me and my husband was having problems 10 with what was supposed to be done, and they issued him a 11 permit as well as my permit, 30 days later, and we couldn't 12 come to no agreement, and Gilroy's office was handling my 13 husband's case. 14 Q Mr. Gilroy was an attorney? 15 A Was an attorney. Is an attorney, and they 16 had Judge orders signed that stopped work, and that's why 17 the work was stopped. It was a stop work order signed by 18 a judge here in Cumberland County, and the work was 19 stopped, and that was basically it until the condemnations 20 starting come around. 21 Q Do you know approximately when that stop 22 order was signed? Was it after the condemnation 23 proceedings had begun or before? 24 A Oh, it was way before. It was like in the 25 year, what, '96. It might have been '96, '97, somewhere 43 /0 ~ 10 o o 1 like that. 2 Q And that was -- you said that was a judge in 3 the divorce proceeding? 4 A No. It wasn't a judge in the divorce 5 proceedings that did it. We went to a divorce master for 6 that. I can't remember the judge, but Gilroy came there 7 in a police car because Walter was arrested at that same 8 time for doing damage to the property and making threats. 9 When he came there he had a court order signed by a judge here, that stop work order. We had to stop. We had to 11 stop doing everything. 12 Q Was that stop work order ever rescinded or 13 lifted, to the best of Y0ur knowledge? 14 A To the best of my knowledge it never was 15 lifted. 16 Q And it's your testimony here today that 17 that's why the work was not done? 18 19 20 21 22 23 24 A Yes. Q Did you or your construction person ever submit plans to the Borough? A Yes, we did. Q When did you submit those plans? A We submitted plans a couple times actually. Once to show -- once we got the original permit, and then 25 afterwards for some modifications to the original plans. 44 wf f.% 1,[ ",,'- , . dl ;- o o 1 Q And were those ever approved? 2 A No. Every time since the stop work order 3 everything -- nothing ever came about again until the 4 condemnation, and I asked -- I inquired was it necessary to 5 file for another permit or was this permit I already had 6 still good, and each time they would say they had to talk 7 to Redevelopment Authority, and that was it. 8 Q If the work permit if you didn't have an 9 order from the Court to stop work on the building, would 10 the building have proceeded to condition? Would the 11 renovations have been completed? 12 A I believe it would have. 13 Q Did you ever advise the Redevelopment 14 Authority of this court order? 15 A I talked to -- I told Mr. Houston that the 16 same day of our meeting. Him and several others. We had 17 conversations about this. 18 Q That was the July meeting at the property? 19 A Yes. I think it was in August. 20 (Whereupon, Plaintiff's Exhibit 1 was marked 21 for identification.) 22 MR. WALWYN: permission to approach the 23 witness, Your Honor. 24 THE COURT: Sure. 25 BY MR. WALWYN: 45 /I( m , . 10 11 12 13 14 15 5 A to do at 110. Q A Q A Q A Q A Q this? A c o 6 7 8 9 Did you present that to the Authority? Yes. Not to the Redevelopment Authority. No. I'm talking about to the Borough. To the Borough, okay? Plans. Okay. Yes, I did. Approximately when would you have submitted 16 That would have been in '96. 17 MR. WALWYN: Your Honor, I apologize. I 18 don't have any copies of this, but I could get copies for 19 Mr. Houston and for the Court later. 20 21 22 BY MR. WALWYN: Q THE COURT: Okay. Was this from your first attempt or was it 23 from your second attempt? 24 A That was my -- well, actually it would have 25 been the second attempt. 46 nb , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 o o Q Okay. And it's your testimony that this was never approved, to the best of your knowledge? A I've got a building permit. So maybe it was approved. Q You've got a building permit based on this? A Right, I got a building permit. Q Now, how long after you got this building permit did you have the stop order from the Court? A I think we got in there and we did some framework. Maybe I was there maybe a couple weeks, three weeks at the most, and then the incident occurred with Walter, and then that's when Chris Gilroy got a stop work order. Q Okay. Did anybody from the Borough come out to inspect the work that was done? A No. Q Do you have any idea as to what the value of that property is? A I don't have an idea what the value is. I can tell you what we have in materials so far. I have 21 about -- he said maybe $20,000.00, he told me. 22 Q To okay the property? 23 A No. For what was already done inside that 24 property, removal and things that had already been done, 25 that was his estimate. 47 In . 1 2 3 o o Q And this was in 1996, am I correct? A '96. Q Okay. The property had been vacant for a 4 period of time? 5 A Because of the stop work order. We had to 6 leave everything. 7 8 time? 9 10 11 12 13 14 15 16 sure. 17 18 a year? 19 20 21 22 Q The property had been vacant for a period of A Yes. Q Before that? A Yes. Q How long? Since the fire, am I correct? A Since the fire, yes. Q And that was in '94. What time period? A I think the fire was in '95, but I'm not I think the fire was in '95. Q So the property had been vacant for at least A Yes. Q Before it was boarded up? A Yes. Q Did you ever have anybody give you an 23 appraisal as to what the property was worth? What the 24 value of the property might be? 25 A No, I didn't because my intention was never 48 Il~ fIf , . 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 II ,"., -,'" [, ~"'-~ o " 1 to sell the property. I wanted to move into the property. 2 Q Your intention was to move into the 3 property? A My intention was to move into the property. Q And if you had the property today, that would still be your intention? A Yes, it would be. MR. WALWYN: I have no further questions. THE COURT: Cross. CROSS EXAMINATION BY MR. HOUSTON: Q You say you had -- there was a stop work order which was put in place sometime after 1996, you're not sure when? A Yeah. It was after '96, yes. Q But when? A I can't give you the exact time right now. Q Okay. Were you represented by an attorney during the divorce proceedings? A Yes. I've had several attorneys. Q I take it from your testimony that your attorney never got this stop work order lifted; is that correct? A That's correct. MR. HOUSTON: I have no further questions. 49 Ilf . . 8 9 10 11 o o 1 THE COURT: You may step down. MR. WALWYN: Your Honor, we have no further testimony. THE COURT: Do you rest? MR. WALWYN: We rest. THE COURT: Any rebuttal? MR. HOUSTON: No rebuttal. THE COURT: Do you move for the admission of Exhibit Number I? MR. WALWYN: Yes, Your Honor. THE COURT: It's admitted. 2 3 4 5 6 7 12 (Whereupon, Plaintiff's Exhibit No.1 was 13 admitted.) 14 THE COURT: How about Redevelopment 15 Authority Exhibits 1 through 6. 16 MR. HOUSTON: We move for the admission of 17 those. 18 19 MR. WALWYN: No objection. THE COURT: They're admitted. 20 (Whereupon, Defendant's Exhibits 1 - 6 were 21 admitted.) 22 THE COURT: The record's closed. Let me 23 hear what the Authority'S position is off the record. 24 Argument. 25 50 I>> ~ " ,:1 .. o o 1 (Whereupon, argument was held off the 2 record, the matter was taken under advisement, and the 3 proceedings concluded.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 51 /J--{ ~ """"-"'~~~~ I' . . -'-, . k^'~'~~j ~ to,. ;.. o o CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause, and that this is a correct transcript of same. fl(/~ ;{ t1~ Michele A. Eline . Official Court Reporter The foregoing record of the proceedings on the hearing of the within matter is hereby approved and 1\b\O~ Edgar B. Bayley, J. Ninth Judicial District directed to be filed. Date 52 1dJ- ~ it! tI t" '" , c~ ['A, ..,r.n J_ ["i',:, J FJi B: ;\2 Ci 't,,;C,,_ ,', , . ,,"IJ"I'.JTV U,J,Wl.---' ,,,~,' -, -_~.. 'J,",,' -, [1 PENi\JSYD:~:\!\J:/J., c . ~ " "'~-, .--, "'l"~"""" ".,. '0" ", ,",-- . " ,"-'- ^="".'~,~~ .~~ ~"'l"",~'"'~,,,'hi;;,~ '2iif""_-;;"V:~ ~ " ~,~~ ~~~~" _ J J~1f~"~,",,,"," ,,,,,,,,rJ[rl~!t!'w"\~,,!'?w""~'~;P-"~V'P'''-'-'~''''''II'j;'!~~-~!~,,J", !!!~,~~~~I.IM~# 1,,1' I,.' ; , ,." CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULKOF APPELLATE PROCEDURE 1931(0 To the Prothonotary ofthe Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PENNSYL VANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: REDEVELOPMENT AUTHOIRTY OF CUMBERLAND COUNTY CONDEMNOR v. LINDORA ANNETTA JOHNSON, CONDEMNEE 00-8327 CIVIL TERM 175 MDA 2002 The documents comprising the record have been numbered from No.1 to 123 ,and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 4/1/02 . C is R. Long, l'fothonotary Jane H. Sparling, Dpty. An additional CODV of this certificate is enclosed. Please sil!n and date CODV. therebv acknowledl!inl! receiDt of this record. Date Signature & Title li h' O"'~''>;;f;' -- . " . " ~ II ~ ,I] - '~'.- , . -' Among the Records and Proceedings enrolled In the court of Common Pleas in and for the county of CUMBERLAND 175 MDA 2002 00-8327 CIVIL in the Commonwealth of Pennsylvania to No. Term, 19 is contained the following: COpy OF COMPLETE DOCKET ENTRY REDEVELOP,ENT AUTHORITY OF CUMBERLAND COUNTY, CONDEMNOR v. LINDORA ANNETTA JOHNSON, CONDEMNEE SEE ATTACHED CERTIFIED DOCKET ENTRIES I . IU Commonwealth of Pennsylvania County of Cumberland ~I ' , .,j J' I. _ j '~ " ~ .J } ss: I, Curtis R. Lonq , Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated. wherein Redevelopment Authoritv of Cumberland Co.. Condemnor Plaintiff. and Lindora Annetta Johnson, Condemnee Defendant _, as the same remains of record before the said Court at No, 00-8327 of Civil Term, A.D. 19_. hereunto set my hand and affixed the seal of said Court day of April A. D.. ilP-Q2 . In TESTIMONY WHEREOF, I have this lst Prothonotary I George E. Hoffer P'd t J d f th Ninth . reSI en u ge 0 e Judicial District, compo~ed of the County of Cumberland. do certify that Curtl.s R. Lonq , by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting. thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is Prothonotary in and for said County of Cumberland in the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith and credit are and ought to be given as well in Courts of judicature as elsewhere, and that the said record, certificate and attestation are in due form of law and made by the e of ce Commonwealth of Pennsylvania County of Cumberland } ss: I, Curtis R. Lona . Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable George E. Hoffer. P. J . by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof. and still is PresidentJudge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit ate and ought to be given. as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed the seal of said Court this 1st day of April A.D. Iij!002 . Prothonotary -- I PYS510 2000-08327 11 1--_, Ii ." ~'''j-. Cumberland County Civil Case REDEVELOPMENT AUTHORITY OF Prothonotary's Office Inquiry CC (vs) Page 1 JOHNSON LINDORA ANNETTA Filed. . , . . . , .: 11/29/2000 Time.........; 9;40 Execution Date 0/00/0000 Jury Trial, . . . Disposed Date. 0/00/0000 Higher Crt 1.: 175 MDA 2002 Higher Crt 2.: Reference No. . : Case Type.....; DECLARATION OF TAKING Judgment..,.., .00 Judge Assigned: Disposed Desc. : ------------ Case Comments ------------- ******************************************************************************** General Index Attorney Info REDEVELOPMENT AUTHORITY OF THE CONDEMNOR COUNTY OF CUMBERLAND COUNTY 114 NORTH HANOVER STREET CARLISLE PA 17013 JOHNSON LINDORA ANNETTA CONDEMNEE 1416 BRADLEY DRIVE H212 CARLISLE PA 17013 HOUSTON CHRISTOPHER C ******************************************************************************** * Date Entries * ******************************************************************************** PAGE 00. 1 - 10 11/29/2000 11 11/29/2000 12 12/20/2000 15 - 27 1/18/2001 13 - 14 1/22/2001 28 1/25/2001 29 - 31 9/14/2001 34-40 10/19/2001 32 10/24/2001 33 11/01/2001 41 - 45 1/04/2002 47 - 52 1/24/2002 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - DECLARATION OF TAKING - PROPERTY OF LINDORA ANNETTA JOHNSON 110 WEST PENN STREET CARLISLE CUMBERLAND COUNTY ------------------------------------------------------------------- MEMORANDUM OF FILING OF NOTICE OF CONDEMNATION IN THE OFFICE OF THE RECORDER OF DEEDS IN DEED BOOK 235 PAGE 29 HVING BEEN FILED OF RECORD ON THE 29TH DAY OF NOVEMBER 2000 - CHRISTOPHER C HOUSTON ESQ ATTY FOR REDEV ATHY OF CUMB CO ------------------------------------------------------------------- ACCEPTANCE OF SERVICE - SERVED NOTICE OF CONDEMNATION BY CERTIFIED MAIL - BY CHRISTOPHER C HOUSTON ATTY FOR PLFF ------------------------------------------------------------------- PETITION FOR APPOINTMENT OF BOARD OF VIEWERS - BY CHRISTOPHER C HOUSTON ESQ FOR DEFT ------------------------------------------------------------------- ORDER - DATED 1/22/01 - IN RE PETITION FOR APPOINTMENT OF BOARD OF VIEWERS - REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND THE COURT APPOINTS WILLIAM DUNCAN ESQ CHAIRMAN FRED HEFFELFINGER AND ELMER RITTER ESQ - BY THE COURT GEORGE E HOFFER PJ COPIES MAILED 1/23/01 ------------------------------------------------------------------- ORDER OF COURT - DATED 1/24/01 - COURT HAVING BEEN INFORMES THAT FRED HEFFE4FI%GER IS A MEMBER OF THE REDEVELOPMENT AUTHORITY - THE ORDER OF 1/22 01 APPOINTING HIM TO THE BOARD OF VIEW IN THE ABOVE MATTER IS VAC TED AND JAMES P SHEYA SHALL BE APPOINTED IN HIS STEAD - THE APPOINTMENT OF WILLIAM DUNCAN ESQ CHAIRMAN AND ELMER RITTER SHALL REMIAN - BY THE COURT GEORGE E HOFFER PJ REPORT OF BOARD OF VIEWERS WILLIAM L DUNCAN ESQ CHAIRMAN ELMER L RITTER AND JAMES P SHEYA BILLED COUNTY 10/02/01 ------------------------------------------------------------------- AMENDED NOTICE OF APPEAL FROM DETERMINATION OF REPORT OF VIEWERS - MELVIN G M WALWYN ESQ - ATTY FOR APPELLANT JOHNSON ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR TRIAL - BY CHRISTOPHER C HOUSTON ESQ FOR DEFT ------------------------------------------------------------------- ORDER OF COURT - DATED 11/1/01 - A BENCH TRIAL WILL BE CONDUCTED AT 1:30 PM ON 12/12/01 IN CR 2 OF THE CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 11/2/01 ------------------------------------------------------------------- ORDER OF COURT - DATED 1/4/02 - IN RE EMINENT DOMAIN - NO DAMAGES ARE AWARDED TO LINDORA ANNETTA JOHNSON AS A RESULT OF THE DECLARATION OF TAKING ON 12/10/1994 OF 110 WEST PENN STREET CARLISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 1/4/02 ------------------------------------------------------------------- PETITION OF THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND FOR WRIT OF POSSESSION - BY CHRISTOPHER C. HOUSTON ESQ '~PA68..R). i 46 53 - 57 58-60 62 - 68 61 69 70 , , ~~ ~,~ .' Il, 'j. Ii. ~;',- PYS510 Cumberland County Prothonotary's Office Page 2 Civil Case Inquiry 2000-08327 REDEVELOPMENT AUTHORITY OF CC (vs) JOHNSON LINDORA ANNETTA Reference No. . : Case Type.....: DECLARATION OF TAKING Judgment,..... .00 Judge Assigned: Disposed Desc. : ------------ Case Comments ------------- Filed. . . . . . . . : Time......... : Execution Date Jury Trial. . , . Disposed Date. Higher Crt 1.: Higher Crt 2.: 1/29/2002 RULE - DATED 1/29/02 - IN RE PETITION OF REDEVELOPMENT AUTHORITY OF THE CUMBERLAND COUNTY - A RULE IS GRANTED UPON LINDORA ANNETTA JOHNSON TO SHOW CAUSE WHY A WRIT OF POSSESSION SHOULD NOT ISSUE - PURSUAT TO 25 P S 1-407 A THIS RULE RETURNABLE 5 DAYS ATER SERVICE UPON CONDEMNEE - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 1/30/02 ------------------------------------------------------------------- 1/31/2002 NOTICE OF APPEAL TO SUPERIOR COURT FROM THE OPINION AND ORDER FO 1/4/02 BY LINDORA ANNETTA JOHNSON PRO SE ------------~------------------------------------------------------ SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 175 MDA 2002 ------------------------------------------------------------------- PETITION TO MAKE RULE ABSOLUTE - BY CHRISTOPHER C HOUSTON ESQ FOR PETITIONER ------------------------------------------------------------------- 2/13/2002 ORDER - DATED 2/13/02 - IN RE PETITION OF REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND FOR WRIT OF POSSESSION AND THE PETITION TO MAKE RULE ABSOLUTE IT IS HEREBY ORDERED THAT THE RULE IS MADE ABSOLUTE AND A WRIT OF POSSESSION SHALL ISSUE FOR THE PROPERTY LOCATED 110 WEST PENN STREET CARLISLE CUMBERLAND COUNTY PA AGAINST LINDORA ANNETTA JOHNSON CONDEMNEE - BY THE COURT EDGAR B BAYLEY J COPIES MAILED ------------------------------------------------------------------- 2/14/2002 PRAECIPE TO ISSUE WRIT OF POSSESSION - BY CHRISTOPHER C HOUSTON ESQ FOR DEFT $1.00 COUNTY PD ------------------------------------------------------------------- 3/13/2002 SHERIFF'S RETURN (WRIT OF POSSESSION) SHERIFF PAID $1.00 COUNTY SHERIFF CAUSED WITHIN NAMED REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND TO HAVE POSSESSION OF 110 WEST PENN STREET CARILSE, PA, SHERIFF COSTS PAID $73,89 PD ATTY ------------------------------------------------------------------- TRANSCRIPT FILED - BY THE COURT EDGAR B BAYLEY J - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - EXIllBITS ******************************************************************************** * Escrow Inforll,lation * * Fees & Debits Beq Ba1 Pvmts/Adl End Ba1 * ********************************~********~************************************** 11/29/2000 9:40 0/00/0000 0/00/0000 175 MDA 2002 2/05/2002 2/11/2002 781 - 122 3/13/2002 123 DECLAR/TAKING TAX ON DECLAR SETTLEMENT JCP FEE APPEAL WRIT OF POSSESS SHFF RETURN FEE 35,00 35.00 .00 .50 ,50 .00 5.00 5.00 .00 5,00 5.00 .00 30,00 30.00 .00 15.00 15.00 .00 1.00 1,00 .00 ------------------------ ------------ 91.50 91.50 .00 ******************************************************************************** * End of Case Information * ******************************************************************************** .tne~~ '7::' RECORD . IIIe of'.' '..=~- 'frv doc J.. 06?J ry I I _ I ~. '. Ii '.'-" ~""" ,"", ,- PYS510 Cumberland County Prothonotary's Office Page 1 Civil Case Inquiry 2000-08327 REDEVELOPMENT AUTHORITY OF CC (vs) JOHNSON LINDORA ANNETTA , Reference No.. : Case Type. .. ..: DECLARATION OF TAKING Judgment...... .00 Judge Assigned: Disposed Desc. : ------------ Case Comments ------------- 11/29/2000 9:40 0/00/0000 0/00/0000 175 MDA 2002 Filed, . . . . . . . : Time......... : Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info REDEVELOPMENT AUTHORITY OF THE CONDEMNOR COUNTY OF CUMBERLAND COUNTY 114 NORTH HANOVER STREET CARLISLE PA 17013 JOHNSON LINDORA ANNETTA CONDEMNEE 1416 BRADLEY DRIVE H212 CARLISLE PA 17013 HOUSTON CHRISTOPHER C ******************************************************************************** * Date Entries * ******************************************************************************** PAGE 1.10. 1- ID 11/29/2000 II 11/29/2000 11 12/20/2000 15-1-1 1/18/2001 (~-14 1/22/2001 ;l~ 1/25/2001 ~ 1\ 9/14/2001 6'f'~ lfD I () -if. ~ OJ.. 01. 10/24/2001 3~ 11/01/2001 1/04/2002 ~~'~ 1/24/2002 f{i1/ ,5). 1/29/2002 ~ - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - DECLARATION OF TAKING - PROPERTY OF LINDORA ANNETTA JOHNSON 110 WEST PENN STREET CARLISLE CUMBERLAND COUNTY ------------------------------------------------------------~------ MEMORANDUM OF FILING OF NOTICE OF CONDEMNATION IN THE OFFICE OF THE RECORDER OF DEEDS IN DEED BOOK 235 PAGE 29 HVING BEEN FILED OF RECORD ON THE 29TH DAY OF NOVEMBER 2000 - CHRISTOPHER C HOUSTON ESQ ATTY FOR REDEV ATHY OF CUMB CO ------------------------------------------------------------------- ACCEPTANCE OF SERVICE - SERVED NOTICE OF CONDEMNATION BY CERTIFIED MAIL - BY CHRISTOPHER C HOUSTON ATTY FOR PLFF PETITION FOR APPOINTMENT OF BOARD OF VIEWERS - BY CHRISTOPHER C HOUSTON ESQ FOR DEFT ------------------------------------------------------------------- ORDER - DATED 1/22/01 - IN RE PETITION FOR APPOINTMENT OF BOARD OF VIEWERS - REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND THE COURT APPOINTS WILLIAM DUNCAN ESQ CHAIRMAN FRED HEFFELFINGER AND ELMER RITTER ESQ - BY THE COURT GEORGE E HOFFER PJ COPIES MAILED 1/23/01 ------------------------------------------------------------------- ORDER OF COURT - DATED 1/24/01 - COURT HAVING BEEN INFORMES THAT FRED HEFFELFINGER IS A MEMBER OF THE REDEVELOPMENT AUTHORITY - THE ORDER OF 1/22/01 APPOINTING HIM TO THE BOARD OF VIEW IN THE ABOVE MATTER IS VACATED AND JAMES P SHEYA SHALL BE APPOINTED IN HIS STEAD - THE APPOINTMENT OF WILLIAM DUNCAN ESQ CHAIRMAN AND ELMER RITTER SHALL REMIAN - BY THE COURT GEORGE E HOFFER PJ REPORT OF BOARD OF VIEWERS WILLIAM L DUNCAN ESQ CHAIRMAN ELMER L RITTER AND JAMES P SHEYA ~~~~~Li~~~~~~~ASE-FOR-TRiAL-=-BY-CHRiSTOPHER-C-HOUSTON-ESQ- FOR DEFT --------------------------------~---------------------------------- ORDER OF COURT - DATED 11/1/01 - A BENCH TRIAL WILL BE CONDUCTED AT 1:30 PM ON 12/12/01 IN CR 2 OF THE CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 11/2/01 ------------------------------------------------------------------- ORDER OF COURT - DATED 1/4/02 - IN RE EMINENT DOMAIN - NO DAMAGES ARE AWARDED TO LINDORA ANNETTA JOHNSON AS A RESULT OF THE DECLARATION OF TAKING ON 12/10/1994 OF 110 WEST PENN STREET CARLISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 1/4/02 ------------------------------------------------------------------- PETITION OF THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND FOR WRIT OF POSSESSION - BY CHRISTOPHER C. HOUSTON ESQ ------------------------------------------------------------------- RULE - DATED 1/29/02 - IN RE PETITION OF REDEVELOPMENT AUTHORITY OF THE CUMBERLAND COUNTY - A RULE IS GRANTED UPON LINDORA ANNETTA JOHNSON TO SHOW CAUSE WHY A WRIT OF POSSESSION SHOULD NOT ISSUE - ,,-, I I, I "~ ,'" ,~' - 1-' .:_ ~. . " . I I, ; -~.-~",,;,.,'.: PYS510 Cumberland County Prothonotary's Office Civil Case Inquiry Page 2 f:p~.J ~~ (PI 2000-08327 REDEVELOPMENT AUTHORITY OF CC (vs) JOHNSON LINDORA ANNETTA Reference No. . : Filed. . . . , . . .: 11/29/2000 Case Type.....: DECLARATION OF TAKING Time.........: 9:40 Judgment....., .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/0010000 ------------ Case Comments ------------- Higher Crt 1.: 175 MDA 2002 Hiqher Crt 2,: PURSUAT TO 25 P S 1-407 A THIS RULE RETURNABLE 5 DAYS ATER SERVICE UPON CONDEMNEE - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 1/30/02 ------------------------------------------------------------------- 1/31/2002 NOTICE OF APPEAL TO SUPERIOR COURT FROM THE OPINION AND ORDER FO 1/4/02 BY LINDORA ANNETTA JOHNSON PRO SE ------------------------------------------------------------------- SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 175 MDA 2002 ------------------------------------------------------------------- PETITION TO MAKE RULE ABSOLUTE - BY CHRISTOPHER C HOUSTON ESQ FOR PETITIONER ------------------------------------------------------------------- 2/13/2002 ORDER - DATED 2/13/02 - IN RE PETITION OF REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND FOR WRIT OF POSSESSION AND THE PETITION TO MAKE RULE ABSOLUTE IT IS HEREBY ORDERED THAT THE RULE IS MADE ABSOLUTE AND A WRIT OF POSSESSION SHALL ISSUE FOR THE PROPERTY LOCATED 110 WEST PENN STREET CARLISLE CUMBERLAND COUNTY PA AGAINST LINDORA ANNETTA JOHNSON CONDEMNEE - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 2/05/2002 2/11/2002 5; >~l ~ J~-~o , r. 2/14/2002 PRAECIPE TO ISSUE WRIT OF POSSESSION - BY CHRISTOPHER C HOUSTON ~ ESQ FOR DEFT $1.00 COUNTY PD ------------------------------------------------------------------- 3/13/2002 SHERIFF'S RETURN (WRIT OF POSSESSION) SHERIFF PAID $1.00 COUNTY SHERIFF CAUSED WITHIN NAMED REDEVELOPMENT AUTHORITY OF THE COUNTY -,,\ OF CUMBERLAND TO HAVE POSSESSION OF 110 WEST PENN STREET CARILSE, IU PA. SHERIFF COSTS PAID $73.89 PD ATTY ------------------------------------------------------------------- 1 //\\>3/13/2002 TRANSCRIPT FILED - BY THE COURT EDGAR B BAYLEY J f err l.:l f::t:t;h-fi/t - - - - - - LAST ENTRY - - - - - - - - - - - - - - *****lg;~**************~~****************************************************** * Escrow Information * * Fees & Debits Beo Ba1 Pvmts/Adl End Bal * ********************************~*********************************************** DECLAR/TAKING 35,00 35.00 .00 TAX ON DECLAR .50 .50 .00 SETTLEMENT 5.00 5.00 .00 JCP FEE 5.00 5.00 .00 APPEAL 30.00 30.00 .00 WRIT OF POSSESS 15.00 15,00 .00 SHFF RETURN FEE 1. 00 1. 00 .00 ------------------------ ------------ 91. 50 91. 50 .00 ******************************************************************************** * End of Case Information * ******************************************************************************** " u".~ - 1,1,; ,I ~ I. .~~+':, IN RE: CONDEMNATION IN THE SUPERIOR COURT OF PENNSYLVANIA 4- 00./ g32..l ~l{ v. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND No. 175 MDA 2002 ORDER Upon consideration of appellee Redevelopment Authority of the County of Cumberland's March 7, 2002 "objection to jurisdiction," the instant appeal is TRANSFERRED to Commonwealth Court. Date: APR -1 2002 Per Curiam .,,:-1 TRUEC6PY FROM RECORD AtteSt: APR' - 1200t: q;~~j/~~ ," - ~.. C,-',_ _" -,,,,<,~,- /, .-" -" -<', -..>; -., -,' ," -~' -' ,-," ;. '" ,," - - Chie-f'Ch:ir,k, : Superior Court of Pa. Middle D;stryct R~~~.i~~~~~~~!w.t-i'iM',,,;~,j,g,,>!*;,,,,<", ,,~!~~ .FIlL . '"~~ 'i"! _~_~ . .., eU,}_',. ""T':'i'i!oi",w!j;;@!~~;!NM."O'~~-""-"""'''I~~dd~~_~..,..Ji~!~ll ~~~o,"", C'",", \,};',' l"ll i ~ --r -- :-:::: t- ~:'~ ~~.~ \...- 'n'- ~ J ?: C'") ';-'>~ :~ "-,,'; , ~'" ,~ .'", "-~--',,~"'..-- ~. ~- ~~,,~ ~ ,~ ,~- (J ~~-: --="'-' ::) f'0 "-, C. ''0 .'1 I , '--! j~ - .. David A. Szewczak, Esq. Prothonotary Patricia A. Whittaker Chief Clerk Superior Court of Pennsylvania Middle District Fulton Ruildin9". 200 N. Third Stre.f't. 9th Floor Harrisburg, P A 17101 May 9, 2002 717,772-1294 www.superior.court.state.pa.us Certificate of Remittal/Remand of Record TO: RE: Redevelopment Auth. et al v. Tyler, O. NO.175 MDA 2002 Trial Court/Agency Dk!. Number: 00-8327 Trial Court/Agency Name: Cumberland County Court of Common Pleas Intermediate Appellate Court Number: Annexed hereto pursuant to order dated 4/1/02, copy of notice of appeal, and docket entries. Contents of Original Record: Original Record Item Filed Date Description Date of Remand of Record: Enclosed is an additional copy of the certificate. Please acknowledge receipt by signing, dating, and returning the enclosed copy to the Prothonotary Office or the Chief Clerk's office. Patricia A. Whittaker Chief Clerk \0) C> 0 Date ,c N 'T, -085 :x .~ f11r'n l> :;.c""f' ""?'''''OJ -< ;,IF z~ '.,~m ClJ ~-~ W )'J? -<L: ~o .::~(.) ".. i.Is 3:1 )> =K ZO '.-0 j>() S' (Srn Ikrr c: z &:"'" :;:;! =2 ::JJ --' -< "p~- ~~ " ~-"..,." ~_ I ~,'",--<kl I I, I, I j . , . '.~" ","'~ - . CC: Mr. Charles R. Hostutler Deputy Prothonotary/Chief Clerk Lindora Annetta Johnson Christopher C. HOLlston, Esq. The Honorable Edgar B. Bayley Judge Mr. Curtis R. Long Prothonotary "'...."""""-~ ' ~........ " ~,_ I I,", " J 0"-" ;1; ~,~ "'-"':, - . . Carbon Copy Recipient List Addressed To: Mr. Daniel R. Schuckers Prothonotary Room 624, Sixth Floor South Office Building Harrisburg, PA 17120 Carbon Copied: Lindora Annetta Johnson 1416 Bradley Drive # H-212 Carlisle, PA 17013 Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Christopher C. Houston, Esq. Redevelopment Authority 114 N Hanover Street Carlisle, PA 17013 Mr. Charles R. Hostutler Deputy Prothonotary/Chief Clerk Room 624, Sixth Floor South Office Building Harrisburg, PA 17120 The Honorable Edgar B. Bayley Judge Court of Common Pleas of Cumberland County Cumberland County Courthouse, One Courthouse Sq Carlisle, PA 17013 1021 -10/99 8/2100 ;;~I;;;iH~iimw---,:h'-~ll' ~."'"",fii~,&d~~,"l:""",_ii'" ,-t,,,~,,.IH"';;:",ti ",-I;.::-;-iY'''~' -,'~,:"',;"',,, O,-~,\" j" -,i&'"""oi_"}tiY",;R'i,_,:!;rr<,,,,i&;"lW~Qp~_lMfu;~~lMMIiigj~;;1idlUIliii'h& m! ~ " H< "Le<',d ,'.~r"",~. "..,._""",,",," -~, ,~,'~~'_~"'~,. ,"'"9=<0'_ ~..,.~" ' --,'~' ~, ,', < ,"~- ,-~,- . ~.-- " ,~It~~ ~ illIrlIifillIi ell_I .' ,. - (') <=) 0 C N -;1 ;;::: :::l: ~-1 -o.tXJ "'" ~;J] ~S:~ -< -",hl ~~~- w -"''---' ,=-~(:S -!<CJ ):J!to -1:J- "r~ e,..--n >(~ ,...>1;" 00 Zci 9 6m :i>c -'-l ~ "... J> ::c .-J -< ~, "':""'""~"~"'~" > - ". -' I) t " ~ Ii . " IN THE COMMONWEALTH COURT OF PENNSYLVANIA In Re: Condemnation by the Redevelopment Authority of the County of Cumberland of the Premises known and numbered as 110 West Penn Street, Carlisle, Cumberland County, Pennsylvania, being the property of Lindora Annetta Johnson ~ O(j- ~~~7 ~ Lindora Annetta Johnson, Appellant v. Redevelopment Authority of The County of Cumberland No. 1151 C.D. 2002 PER CURIAM ORDER NOW, September 5, 2002, upon consideration of appellee Redevelopment Authority of the County of Cumberland's application to dismiss, to which no answer has been filed, and it appearing that the issues briefed by appellant were waived by her failure to filed preliminary objections to the declaration of taking, and that such issues are not reviewable in an appeal from a decision by a Board of View, the application is granted. The appeal is dismissed. CertIlIed froin the R8COId . SEP - 6 2002 and Order W ~:tlil:~~~ml!l~ilii!M'Ji*<:iH;;mg,j~,M{;tlh;C'@'-"i. iJ\.I~,U1ill,n,'_"_" ,E,t,,,,,~,.,r,,! ,--,l"';\i;,-'-,,'~a>"t-!~iW'''1r.\N~!f~!l!il!Ii1IilIW~Ii' 'M~_~~'. "rh_~. _""=.~,, ~,< ,.,_~~~N.'-'<" ~,L", ,_~, ." "'H_,'"_~"~ ,.,,-'P. ..,< -,~" ~ ".... "~"_~r....j.. "~~ , , _~"~c, ..... ~, iiIl"""'"', ~ ................... () 0 0 C N 'T1 $:: (,..., c::' -ciCCi I"T1 ~m "V _::"';'12"3 ." zf;" I ;J? (J) ~> <C ;0;&, ~~O :< -~ ~ r',-, ~() 3,,;- :~,. -.---.. 5>d ~~~ ~ ~ $ :Jl ::0 --/ -< ~n' '"'_ n