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Home My WebLink About00-08707 Jiliiiit'. ,~~~~ "' ..J c r ~ ~,,' I -1, k' \, 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 174 West Penn Street, Carlisle, Cumberland County, Pennsylvania, being the Property of O.C. Tyler O.c. Tyler, -iJDO~87{)7 ~ Appellant -0 :.~~ IT: / 7~ ~] \LJ ~. ~~-.: -r~~ ~-, ?o:~ f-"'~ )>(~:.:. t;;i Z ...:..-::\ -.c (,,) , ~~ "::D -< v. Redevelopment Authority of the County of Cumberland NO. 1161 C.D. 2002 PER CURIAM 0 ROE R NOW, September 5, 2002, upon consideration of appellee Redevelopment Authority of the County of Cumberland's application to dismiss, to which no answer has bee-ll filed, and it appearing that the issues argued in appellant's brief were waived when no preliminary objections were filed to the Declaration of Taking and cannot be considered on appeal from the ruling of the Board of View, the application is granted. The appeal is dismissed. . .- . .. -certffflafrOm tfi8R8C01d . . SEP - 6 2002 ana Order Elli\ _ IS J, II J.,~~ I ]. '~,....Jfi1!: File Copy Commonwealth Court of Pennsylvania Charles R. Hostutler Deputy Prothonotary/OlleI Oerk November 12, 2002 Room 624, Sixth Floor Hanisbun!. PA 17120 717.255-1650 TO: RE: Redevelopment Auth. et al v. Tyler, O. C. NO.1161 CD 2002 Trial Court/Agency Dk!. Number: 00-8707 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 16, 2002 Description 1 Enclosed is an additional copy of the certificate. Please acknowledge receipt by signing, dating: and returning the enclosed CO~~7?th AthO?ry Office, or ~he Chief Clerk's office. r ,~~ \-'. (. Commonwealth Court Filing Office c, -'--, "L.! fit 7~= ._ -. ~~ ~~~~ ;:'.:. ::;! Date (j))- U) -<,.' ~c. f"..;i co --1 -"~'. '-'-rt :< . I' '-~'.<'~-' o b CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYL VANIA 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 RAP. 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. O. C. TYLER, CONDEMNEE 00-8707 CIVIL TERM 179 MDA 2002 The documents comprising the record have been numbered from No.1 to 91 , 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, P othonot Jane H. Sparling, Dpty. An additional couv of this certificate is enclosed. Please sil!n and date couv, therebv acknowledl!inl! receiut of this record. Date Signature & Title I ,I. ' ~Il ~" ' :... ....c.., t"'] . JiJ mi. >--; . 0 0 Among the Records and Proceedings enrolled in the court of Common Pleas in and for the CUMBERLAND county of in the Commonwealth of Pennsylvania 179 MDA 2002 to No. 00-8707 CIVIL Term, 19 is contained the following: COPY OF r.OMPT.F.'T'F. DOCKET ENTRY REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY, CONDEMNOR v. O. C. TYLER, CONDEMNEE " SEE ATTACHED CERTIFIED DOCKET ENTRIES. i i :1 .~". Cumberland County Prothonotary's Civil Case Inquiry 2000-08707 REDEVELOPMENT AUTHORITY (vs) TYLER 0 C Reference No. . : Case Type.....: DECLARATION OF TAKING Judgment...... .00 Jy.dge Assigned: Dlsposed Desc. : ------------ Case Comments ------------- PYS510 ,I: -- ~.....~, . ~L... o o Office Page 1 Filed. . . . . . . . : Time......... : Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: 12/20/2000 11: 05 0/00/0000 0/00/0000 179 MDA 2002 ******************************************************************************** General Index Attorney Info REDEVELOPMENT AUTHORITY OF COUNTY OF CUMBERLAND 114 NORTH HANOVER STREET CARLISLE PA 17013 TYLER 0 C CONDEMNOR HOUSTON CHRISTOPHER C CONDEMNEE ******************************************************************************** * Date Entries * ******************************************************************************** PAGE 00. 1 - 10 12/20/2000 11 12/20/2000 12 12/29/2000 15 - 28 2/05/2002 13- 14 2/05/2001 29 - 31 32 - 37 38 39 40 - 44 45 - 48 49 - 51 52 - 88 89 - 90 91 9/14/2001 10/12/2001 11/01/2001 10/24/2001 1/04/2002 1/31/2002 2/07/2002 3/13/2002 3/22/2002 3/22/2002 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - DECLARATION OF TAKING - 174 WEST PENN STREET CARLISLE PA -------------------------------------------------------------- MEMORANDUM OF FILING OF NOTICE ------------------------------------------------------------------- SHERIFF'S RETURN FILED Litigant.: TYLERO.C C/O VICKIE COLEMAN SERVED : 12/28/00 NOTICE OF CONDEMINATION DECL OF TAKING Costs....: $31.10 Pd By: REDEVELOPMENT AUTH OF CUMB. CO 12/29/2000 ------------------------------------------------------------------- PETITION FOR APPOINTMENT OF BOARD OF VIEWERS - CHRISTOPHER C HOUSTON ESQ ATTY FOR REDEVELOPMENT AUTHORITY ------------------------------------------------------------------- ORDER - DATED 2/5/01 - IN RE PETITION OF THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND THE COURT APPOINTS WILLIAM DUNCAN ESQ AND JAMES SHEYA ESQ ELMER RITTER ESQ AS A BOARD OF VIEWERS TO ASSESS DAMAGES IN THE CONDEMNATION AND FURTHER ORDERED - BY THE COURT GEORGEE HOFFER PJ ------------------------------------------------------------------- REPORT OF VIEWERS WILLIAM A DUNCAN ESQ CHAIRMAN ELMER L RITTER AND JAMES P SHEYA BILLED COUNTY 10/01/01 ------------------------------------------------------------------- APPEAL FROM DETERMINATION OF REPORT OF VIEWERS - BY MELVILLE G M WALWYN ESQ - 0 C TYLER ------------------------------------------------------------------- ORDER OF COURT DATED 11/1/01 IN RE: APPEAL FROM DETERMINATION OF REPORT OF VIEWERS - A BENCH TRIAL WILL BE CONDUCED AT 3:00 PM WEDNESDAY 12/12/01 IN COURTROOM 2 CUMBERLAND CO COURTHOUSE CARLISLE PA - BY THE COURT - EDGAR B BAYLEY J COPIES MAILED 11/2/01 ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR TRIAL - BY CHRISTOPHER C HOUSTON ESQ FOR DEFT ------------------------------------------------------------------- ORDER OF COURT - DATED 1/4/02 - IN RE EMINENT DOMAINE - DAMAGES IN THE AMOUNT OF $1647.95 ARE AWARDED TO OC TYLER AS A RESULT OF THE DECLARATION OF TAKING ON 12/12/01 OF 174 WEST PENN STREET CARLISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 1/4/02 ------------------------------------------------------------------- NOTICE OF APPEAL TO SUPERIOR COURT OF PA FROM THE OPINION AND ORDER ON 1/4/02 BY 0 C TYLER PRO SE ------------------------------------------------------------------- SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO# 179 MDA 2002 ------------------------------------------------------------------- TRANSCRIPT FILED - BY THE COURT EDGAR B BAYLEY J -~----------------------------------------------------------------- RECEIPT AND ORDER TO SATISFY - BY STEVEN J FISHMAN ESQ FOR BOROUGH OF CARLISLE -~----------------------------------------------------------------- PETITION OF THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND FOR WRIT OF POSSESSION - BY CHRISTOPHER C HOUSTON ESQ FOR DFET REDEVELOPMENT AUTHORITY'S EXHIBITS ",,""'''''- .,1J , '.'.~ ~ L~"_ I , "'j,1 o o PYS510 Cumberland County Prothonotary's Office Civil Case Inquiry 2000-08707 REDEVELOPMENT AUTHORITY (vs) TYLER 0 C Page 2 - - - - - - - - - - - - - - LAST ENTRY Filed. . . . . . . . : Time......... : Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: 12/20/2000 11:05 0/00/0000 0/00/0000 179 MDA 2002 Reference No..: Case Type.....: DECLARATION OF TAKING Judgment. . . . . . .00 Judge Assigned: Disposed Desc. : ------------ Case Comments ------------- ******************************************************************************** * Escrow Information * * Fees & Debits Beo Bal Pvmts/Ad"i End Bal * ********************************~********~************************************** DECLAR/TAKING TAX ON DECLAR SETTLEMENT JCP FEE APPEAL 35.00 35.00 .50 .50 5.00 5.00 5.00 5.00 30.00 30.00 ------------------------ 75.50 75.50 .00 .00 .00 .00 .00 .00 ******************************************************************************** * End of Case Information * ******************************************************************************** Jl- o o Commonwealth of Pennsylvania County of Cumberland } ss: I, Curtis R. Long , 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 Authority of Cumberland County Plaintiff, and 0, C. Tyler Defendant _, as the same remains of record before the said Court at No. 00- 8 707 of Civil Term, A.D. 19_. In TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 1st day of April A. D.,~~~. ~Y' I, George E. Hoffer P sident Judge of the Judicial District, composed.of the County of Cumberland, do certify that Curtl.s R. Long , 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 p per officer. Commonwealth of Pennsylvania County of Cumberland } ss: I, Curtis R. Long , 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 ~et my hand and affixed the ~eal of said CO.j\rt this 1st day of Aprl.l A.D. If~02 ; C 8YI~.. rothonotary :err 'O\..liJ~.';LL'illr"..ilJ1r M{ui~a:~~ti~I+(~'Q~ - .':-1","J .",," ~o>, ~~A~r.ff ~n~ I,';' tlUJ ";j IM'-" HLIIII""""'" . . '"r1 n =!' " .." Z Z "' 0 0 <1> ~ P P - ;!? 3 ~ 0 <1> 3 " ~ <1> 0- ~ ., ~ "' ~ 0- ::: ::!1 ~ n; - 0- ... < "" ::l <1> ~ ~ ~ " " ~ :l:I ~ :;' n -I -I 0 0 <1> <1> 5' :l:I ~ ~ 0 " 3 3 , '<D n 0 ~ I 0 '<D '<D " I I ~ "' "' - ,. '< l '.'~ " ~.~~ ~' J -l^ "^"",,,)t, '. o o ~'. INRE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONDEMNATION BY THE REDEVELOPMEN1 AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES\KNOWN AND NUMBERED AS 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF O. C. TYLER NO. 00- F?D 7 CIVIL TERM 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 April 20, 2000, certified the premises hereinafter described (hereinafter the "Premises") to Condemnor as a blighted property. ' .' I. ~~ ~,Il . , ',' ""-"{ o o 4 On July 20,2000, 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 June 22, 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, far residential purposes, is not inconsistent with the Comprehensive Plan of the County of Cumberland, nor that of 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 18th day of J, ,_~ ~O~". 'I "" ,-- . '" k ,_ ~-,\ o o December, 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 "B." 10 On the same day as this Declaration ofTaking is being filed with the Prothonotary, a Notice of Filing of Declaration ofTaking 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 ATTEST: "II o o REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND 0J-0 ~ Secretary F:\HOUSTON\174DECL.WPD BY~~(' ~ ~'mie C. George . Chairman ~O"~O"' E",";" Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 ,~"j ~,~.),,:--': 4- """"~ " ........-J "..,' p.';- 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 It fl ~ Christopher Gulotta Executive Director j ,'j,:.,ll ....o..! " , ltlfli,'1 I il o o RESOLUTION AUTHORIZING THE FILING OF A DECLARATION OF TAKING AND ALL NECESSARY ACTION FOR THE ACQUISITION THEREOF OF THE PREMISES LOCATED AT 174 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 defined in the Ordinance and the Urban Redevelopment Law; and WHEREAS, the Board had reviewed conditions existing at 174 West Penn Street, Carlisle, Cumberland County, Pennsylvania (hereinafter the "Premises"); and :1 !I II )'1 I I ,I I :1 II I I I il :J il II II :1 'I I ,I II II :1 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. 2000-4 determining that the Premises is blighted; and WHEREAS, the property owner of the Premises, O. C. Tyler (hereinafter the "Owner"), had been served with the Blight Determination Resolution No. 2000-4 and notified of his right to appeal the determination or provide a rehabilitation plan; and WHEREAS, the Owner did not file an appeal nor did he file a rehabilitation plan; and WHEREAS, the Board adopted a Second Resolution No. 2000-8 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 July 20, 2000, the Cumberland County Planning Commission determined that the Premises is blighted and recommended with the re-use plan to use the Premises for residential purposes; and WHEREAS, the Borough of Carlisle Planning Commission determined on June 22, 2000, that the Premises is a blighted property and did concur with the recommended re-use of the Premises for residential purposes; and EXHIBIT "A" Co .. 'IJ .J -"-- fflJiij , "., 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 174 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 tract of land together with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: On the North by West Penn Street; on the East by land now or formerly of George Jackson; on the South by land now or formerly of Adams Lizman's heirs and by land now or formerly of Daniel Hodge; and on the West by North West Street. Said tract of land having a frontage of 59.5 feet, more or less, on West Penn Street, and extending in depth along North West Street, 42 feet, more or less, and along its eastern boundary, the same being land now or formerly of George Jackson, 40 feet. Being improved with a gasoline service station. 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. ATTESTU~ ~ . rJ . ~~ ~airman \" Date: \ 2/\ sj(!) CJ r I F:\HOUSTON\174RESOL.WPD 7 o o . . EXHIBIT "B" ALL that tract of land together with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: On the North by West Penn Street; on the East by land now or formerly of George Jackson; on the South by land now or formerly of Adams Lizman's heirs and by land now or formerly of Daniel Hodge; and on the West by North West Street. Said tract of land having a frontage of 59.5 feet, more or less, on West Penn Street, and extending in depth along North West Street, 42 feet, more or less, and along its eastern boundary, the same being land now or formerly of George Jackson, 40 feet. Being improved with a gasoline service station. F:\HOUSTON\174EXH.WPD ~ 'OJ '~k1'~' o o . . EXHIBIT "e" BOND KNOW ~~L MEN BY THESE PRESENTS, that a Declaration of Taking having been filed the 2.0 day of 0<<,1 ~ bt''- ,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 tract of land together with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: On the North by West Penn Street; on the East by land now or formerly of George Jackson; on the South by land now or formerly of Adams Lizman's heirs and by land now or formerly of Daniel Hodge; and on the West by North West Street. Said tract of land having a frontage of 59.5 feet, more or less, on West Penn Street, and extending in depth along North West Street, 42 feet, more or less, and along its eastern boundary, the same being land now or formerly of George JaCkson, 40 feet. Being improved with a gasoline service station. 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. q ~l,~ ". -~~- - "'~.,'; . o o . . 1"'1 SEALED Vl!ith the corporate seal and duly executed this 21l day of O~~ ~IM f..# V"'\ 2000. · ATTEST REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND ~u~ By rl//~ ;r~ c:::::::>>rnmie C. George - .. Chairman ID , ':::IL.lilit~lI!fi~iii~U!;jl!lllr 'u Jllm'Wlli.~i1H!~M!Ifiill~!~!iiJ.~!,,"o;;fflF~%'-&~,~~~~iliilii'l"*F'n!t~~~(.d' "" 1~\ !i~ Q ~~ "'-':;:\, "" ~ '" \J,; " '" ,p~,~,-- ,,~,~, " " -, ""''' ,,- ~l ",,f :""."'\ (") E; l},F--::,~ li)ii j;C) :f:{:; ~ ~ . .::::> (J) . -'J.! n-~' .......,.",. c") c~ t:::> ;'}1 ,~._) -~ -:'1 -',''1 "..) C) "{J{'j' ~ ~ .. (r::i :'~>~~i C) ::j_B :~}i~ -,~,' :::, -< :1:,:,.. -,..~ ~.,';, -- 6 ;i> -h '<: <ll ~ .c: ~ CI\ 5:) Ir g d c: r ~ " .,...li . ..I . "",' ". ._-......; o o IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OO- ~ta 7- CIVIL TERM CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF O. C. TYLER 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 Deeds in and for Cumberland County, Pennsylvania, in Deed Book 2..'3 & , Page '/'f I, i"'. having been filed of record on the 20 day of ))~(l:::"""~v- , 2000. ~ston~SqUire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 Date:-J ~ I ~()( ~ <ged I F:\HOUSTON\174MEMO.WPD JI l~~.~,j;j~"'~~ll\.n:MmOOii!!i,~J1;Fl.1."""~o;!',,,!"~,f;,;;;'13,~",",,,~i"'M..iJJj',,"W:<!.ww.:"!!liWU!I!~J~~~!~~~~" ""I '_H _ >",~_ '~~'. ,W~,,~__ ,,~ ~"_~ ,,"~,,_, ~l :1, ", ~ - '_<~_Ad. " _~_ .~_ ~~ ~ o .-, _.~ . iii;\'''"''"' o s= -Pm g:J q:: zc~ (fj,2:~ -<:."...::. ~8 Pc: 7" ::::; -< ~ ,i (:;.) Cl t::l r'l .:-) N CO) 1.::) -r':! --{ .:I: _0-, ~~',:E~ ~~'l \"",' ~~~~ ~ ::D -< :0'" :0 " ...... -~ - """',~, " ' '~_~~N"" ~ ~ ~ Jj " " ",""",J ~""".l'-'-"J> <:)SHERIFF'S RETURN - REGU~ CASE NO: 2000-08707 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONDEM BY REDVLP AUTH OF CUMB VS 174 WEST PENN ST CARLISLE GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE OF CONDEMNATION was served upon TYLER 0 C C/O VICKIE COLEMAN the CONDEMNEE , at 0009:30 HOURS, on the 28th day of December, 2000 # H 212 at 1416 BRADLEY DRIVE CARLISLE, PA 17013 by handing to CINDORA JOHNSON (MOTHER AND CO-OCCUPANT) a true and attested copy of NOTICE OF CONDEMNATION together with DECLARATION OF TAKING and at the same time directing Her attention to the contents thereof" Sheriff's Costs: Docketing Service Affidavit Surcharge 18"00 3"10 "00 10.00 .00 31.10 So ?~~~ R. Thomas Kline 12/29/2000 REDEVELOPMENT AUTH OF CUMB. CO Sworn and Subscribed to before BY~ W~ u~ . Deputy eriff me this !I"u( day of C)~I 0lI,." / _ A. D . ~ Q,~~~ Prothonotary JJ. . j """"..~~' , 'i'~ .~ ",II" ." - ~.~" 1- Lo'","",""> o ~ I, '~ FES 01 Z!J~ 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 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF O. C. TYLER : NO. 00-8707 CIVIL TERM : EMINENT DOMAIN PROCEEDING O. C. TYLER, Plaintiff v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant ~ ORDER AND NOW, this C; day of ~ , 2001, upon consideration of the Petition of the Redevelopment Authority of the County of Cumberland, the Court appoints: "t/A"it~A->() j(jJ~4//1, ~J ~~~ Nr~ t~~~r 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~ .01 ~ .--- ~~ "' - ,_ ~IJ o o By the Court, ~-~ . . . =" ,~ '~~{c J. I~ . " ,-",...., ..-- o ~J _ ~, F)Lr:f>-ol~ F tCE ~"~,, ~'''''~- In'' :' \! L',..--.,:,,10F/\RV , ,.1'1 ;',,_,.'.\...-lr,[ I A' FF" ,-- '''' . UI ::'ij -) n! ,,: OQ OW"',.i' .:C'.J;' IY" 'f"TY v.(...."", I....., ',' ..) ~..I--rl) ~ PENNSYLVANIA -~"~~< ~ ~f' , j~ ::i~ ~ '-.J' ~ ~ } ,~ J .... ::0 --.'i "1\ ~~ :;~f . ",~lli!l!flli~r~.l~f~;~:m:"''''"*m~",,-,~l!!!1'*,'if>f,,J''R'':'--'''''')'''F'f,'I!l;,!,'!''1","'~~~If!l'<!'P~~_~"j\t,~}~~~ - .Ii, .",1 ,~, 1:.";, o o . IN RE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-8707 CIVIL TERM CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF O. C. TYLER : EMINENT DOMAIN PROCEEDING O. C. TYLER, 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 December 20,2000, Condemnor filed a Declaration ofTaking in this proceeding. A copy of the Declaration ofTaking is attached as Exhibit "A". 3. No Preliminary Objections to the Declaration of Taking had been filed. - /0 ,,~~ ~ ~ ~= --",,- ~'"~ , , ~- '~~tit::.:;.! o o , . 4. The name and address of all Condemnees known by Condemnor to have an interest in the condemned property are: O. C. Tyler, c/o Vickie Coleman, 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. ~m_ Christopher C. Houston, Esquire Attorney for Condemnor/Defendant Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 F:\HOUSTON\ 17 4PET. WPD /Co - 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 BYCh~e'G"~ ~ Executive Director 17 .~~- 1"'[11'11"'" 1jJ I . ,. 11,1 o o 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 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF O. C. TYLER NO. 00- 'i1o? CIVIL TERM EMINENT DOMAIN PROCEEDING r. ,- DECLARATION OF TAKING Pursuant to the authority granted to it at 35 P.S. 1712.1 of the Urban RedevelopmentLaw ~ ~ 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 April 20, 2000, certified the premises hereinafter described (hereinafter the "Premises") to Condemnor as a blighted property. EXHIB IT "A" '...0...." I i I 1 I~ "" ~ . _'.IJ '"" """"'11_ ~';''''',:: o o 4 On July 20, 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 June 22, 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, for residential purposes, is not inconsistent with the Comprehensive Plan of the County of Cumberland, nor that of 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 18th day of 11 ~, ", ~ . ,- ~~'~ )1 o o December, 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 "B." 10 On the same day as this Declaration of Taking 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." Jo ATTEST: o .1' _I" +__ -" . -'. .~,,_..u"_'i o REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND ~u-U ~~ Secretary F:\HOUSTON\174DECL.WPD " ~ BY~~("', /. ~mie C. George . Chairman ~Ch' hC%t E . nstop er . ous on, squire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 TRUE copy FROM RECORD In TvdtiI...,ny wI1IIIOf. I hell unto III ~ haoo and the '" of satd Court It Caf1IIIe. PI. 1llls 20 ~ ~ of~n;:;<- ~ ( ], 'M (') /l.1..d ~" ~, - / I Protttonoiary ;Zl .1, o e - 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 REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND fl,~ unsworn falsification to authorities, ~ By Christopher Gulotta Executive Director JJ. ';. " ""''"''-'l ,i j , Ii Ii I~ I! !,j Ii il II I' I II I, I, :1 'I Ii I'i 11 " ,] II I' !1 i,; Ii ~ ,I I ',j I ~ ~ ~~= ~....ll . ~ ~ -. ',j o ..... \J RESOLUTION AUTHORIZING THE FILING OF A DECLARATION OF TAKING AND ALL NECESSARY ACTION FOR THE ACQUISITION THEREOF OF THE PREMISES LOCATED AT 174 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 defined in the Ordinance and the Urban Redevelopment Law; and WHEREAS, the Board had reviewed conditions existing at 174 West Penn Street, Carlisle, Cumberland County, Pennsylvania (hereinafter the "Premises"); and WHEREAS, the Board had determined that the Pl'emises 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. 2000-4 determining that the Premises is blighted; and WHEREAS, the property owner of the Premises, O. C. Tyler (hereinafter the "Owner"), had been served with the Blight Determination Resolution No. 2000-4 and notified of his right to appeal the determination or provide a rehabilitation plan; and WHEREAS, the Owner did not file an appeal nor did he file a rehabilitation plan; and WHEREAS, the Soard adopted a Second Resolution No. 2000-8 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 July 20,2000, the Cumberland County Planning Commission determined that the Premises is blighted and recommended with the re-use plan to use the Premises for residential purposes; and WHEREAS, the Borough of Carlisle Planning Commission determined on June 22, 2000, that the Premises is a blighted property and did concur with the recommended re-use of the Premises for residential purposes; and JJ EXHIBIT "A" ~ ". ." 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 174 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 tract of land together with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: On the North by West Penn Street; on the East by land now or formerly of George Jackson; on the South by land now or formerly of Adams Uzman's heirs and by land now or formerly of Daniel Hodge; and on the West by North West Street. Said tract of land having a frontage of 59.5 feet, more or less, on West Penn Street, and extending in depth along North West Street, 42 feet, more or less, and along its eastern boundary, the same being land now or formerly of George Jackson, 40 feet. Being improved with a gasoline service station. 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. RESOL VED 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. ATTEST ,,' ~flt Qj D " /' ~ . . I ~ " " ~?<A/-/'10 ,,' .-~ c::::::::Gtia i rma n . Date: \ 2/\ 'Ojl) 0 r , F:\HOUSTON\ 1 74RESOL.WPD 1/r ~~~...... "" - ~ . -~' ,. "" ~ ~' ;~". o o EXHIBIT "B" ALL that tract of land together with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: On the North by West Penn Street; on the East by land now or formerly of George Jackson; on the South by land now or formerly of Adams Lizman's heirs and by land now or formerly of Daniel Hodge; and on the West by North West Street. Said tract of land having a frontage of 59.5 feet, more or less, on West Penn Street, and extending in depth along North West Street, 42 feet, more or less, and along its eastern boundary, the same being land now or formerly of George Jackson, 40 feet. Being improved with a gasoline service station. F:\HOUSTON\174EXH.WPD JtJ -"~ - " -&, '~~~;; o O. .:,' EXHIBIT "e" BOND KNOW 6~L MEN BY THESE PRESENTS, that a Declaration of Taking having been filed the :?oT'\ctayof ~C( r Lu. ~ , 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 tract of land together with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: On the North by West Penn Street; on the East by land now or formerly of George Jackson; on the South by land now or formerly of Adams Lizman's heirs and by land now or formerly of Daniel Hodge; and on the West by North West Street. Said tract of land having a frontage of 59.5 feet, more or less, on West Penn Street, and extending in depth along North West Street, 42 feet, more or less, and along its eastern boundary, the same being land now or formerly of George Jackson, 40 feet. Being improved with a gasoline service station. 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. J~ ~ , . o o c ,. t'1 SEALED with the corporate seal and duly executed this '4. C4 day of O(:~ ~\M ~ V'"\ 2000. ATTEST REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND /1 ~ B, S,l:4A'-<H ;~ ~ <::::::::ummie C. George ~ Chairman " cL-il ~~ Secretary , - . ".L! )7 b ~ii-"~~~~~_~ffitl..1li!l!"14ili-j't'",i:'i:i.H'''f'l)1jtd;lii.>\lfi1l'!>:';#~~''''.'~''":;';''''''' .' ~ ", ""'"~,,,~ ,,~""'.. - -=,,~- ,.~~ ,~-.....,"'_._==~ - .~^. "-~- ~~" Jl:j1Jj l\Mllr~"r ,[ f"\ ~ -it""' 1Il ~- -~ n (.;~ ~~ i~~ ~C; -;~' C' ~~(j "PC; ~ '- {~: ~ ->? :> r f ! l f ' . f r ~ t ~ """",' -'-1 ('-' -~ ""'(\ ^-:\ ~ ~' 1'~ ;'-:: ::? ,~, (fl ",i:,:J, -'-1 .....,~ ~-")'~;J :.::--~ .,.., ;--~, '~(~ 6\1"\ '''-\ '~ "" . """" ,""'.",- ,I, ~'"'~,' '"'". ,':,,, :C" ',,;, '"' ",; r" ~' '" = ',"'~,~",:,,' < . ,.",lj' "~'" ,-"'tC't.k,;'i'~~i>,o'~""""";"J" "'~;1~""'''''''''');'''&''~~e''~J.'",~,- >< '''[ >:i ,) i'1 114 N. JtlOVER S~ - STE. 104 . CARLISLE PA 113-2445 . TclcpbonlllTDY (717) 249-0789 '(717) 607-7703 . (717) 532-8805' Fax(717) 249-4071 . ccha@Jlll.Ilet REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND . Housing Development. Housing Rehabllitatlon . . Housing M8II8gOment . Homoownershlp Programs . . Downtown RevItalization' . PubDc FIIclIity Improvements . DISQUALIFIED LIST OF BOARD OF VIEWERS Terry Lee Kennedy, Sr. Jimmie C. George Anthony Lepore R. Fred Hefelfinger Thomas E. Cody, Jr. Louis Martin SERVING CUMBEllLAND COUNTY SINCE 1975 }..~ ><""""-~. . . .' " . o CONDEMNATION BY THE REDEVELOPMENT AUmORITY OF THE COUNTY OF CUMBERLAND OF 'l1IE PREMISES KNOWN AND NUMBERED AS 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF O.C. TYLER O. C. TYLER, Plaintiff v. J' - ~ .'j;"", 10_ "1,_ ,,_ "J 0, o OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OO-8707 CIVIL TERM J:MINENT DOMAIN PRomoIN~ 11- 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 I. On December 20, 2000, the Redevelopment Authority of Cumberland County filed a Petition for the Appointment of Viewers and on February 5, 2001, the Court appointed William A Duncan, Esquire, Chairman, Elmer L.Ritter and JamesP. 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 174 West Penn Street, Carlisle, Pennsylvania, being the property of O.C. Tyler, Plaintiff 2. The Board of View served Notice of View on Elmer Ritter, James Sheya, O.c. Tyler. c/o Vickie Coleman and Christopher C. Houston of The Redevelopment Authority, by Certified Mail, RetumReceipt 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 10:00 AM., at the site, and was attended by all members ofthe Board, Vickie Coleman for O. C. Tyler, 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, Vickie Coleman for O.c. Tyler, Plaintiff and Christopher C. Houston of The Redevelopment Authority, by Certified Mail, Return Receipt requested dated FejJruary 28,2001, A copy of Notice of Hearing and the Return receipts therefore are attache4 hereto. 5. A Hearing was held on Wednesday, April I!, 20hl at 0:00 AM. in the 2nd Floor Hearing Room of the Old Court House, I Courthouse Square, ~, P A 17013. JH - I,] " ~"-^', "' '- '" I. -,I,,", '.". - 10 o c FINDING OF FACTS 1. The Redevelopment Authority of Cumberland County through their Attorney, Christopher C. Houston, filed a Declaration of Taking for the property located at 1.74 West Penn Street, Carlisle, Cumberland County, Pennsylvania, on December 20, 2000. 2. The fOffiler owner of the Premises was O. C. Tyler (the "Condemnee"). 3. As ofthe date of the filing ofthe Declaration of Taking, the Premises was vacant. 4. The Premises had last been occupied and used as a gas station/convenience store in 1982. 5. The Premises is located in the R-4 Zoning District within the Borough of Carlisle, Cumberland County, Pennsylvania. 6. The R-4 Zoning District does not permit either by right or by special exception any commercial use for the Premises. 7. The prior commercial use of the Premises would not be permitted on the Premises unless variances were granted by the Carlisle Zoning Hearing Board. 8. The fair market value ofthe Premises, as of December 20,2000, was $9,000 according to the condemnor's appraisor. 9. As of December 20, 2000, there existed on the Premises underground storage tanks. 10. The underground storage tanks on the Premises must either be removed or closed in place. 11. To utilize the Premises for anything other than a vacant lot the underground storage tanks would have to be removed, due to their close proximity to the surface. 12. The estimated costs for the removal of the underground storage tanks presented by condemnor is $6,840. 13. The Condemnor paid outstanding taxes which had been returned to the Cumberland County Tax Claim Bureau for tax year 2000 in the amount of $105.79. 14. The Condemnor paid the school taxes for 2000-2001 in the amount of$192.25. 15. The prorated 2000 County and Borough taxes for the period prior to December 20,2000 is $102.89. )D - ~" '<' ','ll.~ "< ~ ,,'" ,~.j'"w " 10 o (I 16. The prorated 2000-2001 school taxes for the period prior to December 20,2000 is $92.01. CONCLUSION OF LAW I. 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 unaffec;ted 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. 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 Three Thousand Dollars, ($3,000.00) as just compensation. The following is the assessment of the costs of the Viewers: William A. Duncan, Chairman I 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 st of Viewers $1,779.29 . ~~ Wtlham A. Duncan, amnan ~~~ Elmer L. Ritter d. )/ ~, fl!llll.....,..;., ~~'>ill!t:l..i'.!li_'~..... ~__=h" ,,~~ -". = ,.- -,'" ~ -- ~ ':;~'~~"~$if*i,~,.tl!.@dll~'~'"""I,h&li[- la;.l.J'~mwL_:' c T~, 0-0, '(107- (J1J?3J1 ~~r~L ~ th.....<..-- W,t." --~ ~;t,(~/~ .fu~' ~.J)dl fiu- c..tilM~' 1~~~ L...w:....illllliiilllr'.....--..c ~"~,,' .' " '- ~'I . o 0 0 0 c: "n ? Ul -oITi III [PCji -0 -- Z_.. t ZC '~lrT! (f);p" .~- ;j~~ -<. -'~~, r-:r......- ~'-j "'" )>C :~ ~~?, Z j -0 C5 >c P Z .''''1 =< a ?f5 (11 -< '- C> ...., , 0 ~ J};;E ,'-' "~I; .. ~""'. ... o o CONl>EMNATION BY THE : IN THE COURT OF COMMON PLEAS REDEVELOPMENT AUTHORITY OF : CUMBERLAND COUNTY, PENNA THE COUNTY OF CUMBERLAND OF THE : PREMISES KNOWN AS 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLV AN)A, BEING THE PROPERTY OF O. C. TYLER . . . . No. 00-8707 Civil Term . . O. C. TYLER, Plaintiff -V- REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND Defendant ADMINISTRATIVE APPEAL APPEAL FROM DETERMINATION OF REPORT OF VIEWERS NOTICE is hereby given that O. C. Tyler, 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 12,2001 ~ elville G. M. wyn P. O. Box 108 Harrisburg, Pennsylvania 17108 (717) 232-0577 3~ I .11, -, , ~~ -~, --=~ . o 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 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF O. C. TYLER No. 00-8707 Civil Term . . O. C. TYLER, Plaintiff -V- REDEVELOPMENT AUTHORITY OF THE : COUNTY OF CUMBERLAND Defendant ADMINISTRATIVE APPEAL APPEAL FROM DETERMINATION OF BOARD OF VIEW O. C. Tyler hereby appeals the September 14,2001 decision of the Board of Viewers as to the value of the premises known as 174 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 174 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, 200 I, 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 detennined that a final 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 his own certified appraisal. 63 o L c, ''"', ." " WHEREFORE, O. C. Tyler prays that this Court reverse the determination of the Board of Viewers dated September 14,2001. Date: October 12,2001 ,r-' Me VIne . M. P. O. Box 108 Harrisburg, Pennsylvania 17108 (717) 232-0577 Attorney for Appellant ~+ 0"""'''''' 0' ~I ' ""-'" ~ 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 174 WEST PENN STREET,CARL~LE,CUMBERLAND : COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF O. C. TYLER No. 00-8707 Civil Term : O. C. TYLER, Plaintiff -V- REDEVEWPMENT AUTHORITY OF THE : COUNTY OF CUMBERLAND Defendant ADMINISTRATIVE APPEAL CERTIFICATE OF SERVICE I hereby certify that I have this 12th 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, ~~ Melville G, ~wyn ~6 {' ~, ~ ",II " ,_.1 "'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 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF O. C. TYLER No. 00-8707 Civil Term : O. C. TYLER, Plaintiff -V- REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND Defendant ADMINISTRATIVE APPEAL VERIFICATION I, 0.C Tyler, 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, e~ .?fJw 3~ .', :~t~L:ll~IL;it/ii(~!~llllIltIifMJj_t:s:::." '"~WWh<.4\'L,~1i:II\l",,,~,e-'1l.<:::!fj;\J6.~,,j[>.lli1l!1.;.g~.;.-...J.--llii~~~-. "~""-~ ,~~~~..... ~I), ~" o -'"~,~ ~ -~., ~_,~, ,_ H~"~, J~i8 ~:;,:.:" ~'j -" ~~:~ c, , -,"0_ -,." o ~~~ -'''1' -<, " ~1t;1:Jij.l "'~'i ",- C~) CJ :'"") -'-: j',,-, ~J 0.:; .~ m -. ,'j,- - c CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF O. C. TYLER O. C. TYLER, PLAINTIFF V. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, DEFENDANT ~ '111- J .1 __', ; ,< . '"-.i" ~.,,-~ '1-' " ' I" ~ -<, .(,L:I o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-8707 CIVIL TERM AND NOW, this , ORDER OF COURT f\.r day of November, 2001, a bench trial will be conducted at 3:00 p.m., Wednesday, December 12, 2001, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Melville G.M. Walwyn, Esquire For Plaintiffs Christopher C. Houston, Esquire For Defendant :saa Edgar B. Bayley, . , ~ ,IhA b.' O. -, i/- 2.,- 0 r 9--- 3, ~ ~r _,,:,,~ " " U1J~,...,., ii!I", ,- . -, ~ ""'I" ;--1 ~CH=-';;-:-~ jI,;t: r-.,,"" ' c- Ut' "', ) 'll ,. F~1':~(~HY U" I ~Jn'! hd~ I) ~"j ~:): !:) j I '_ ... ('I if' ~:-,( "I '". /', --'1("1 I' 1-'- ,,-,vN;Cd,,_,.'-';\\) 1 -" )\....; l\t l V PENNSy0,!1\;\ii/\' . A "~'~ ",:,r>r_.".~~~~~f.1!'~~~ij~,,,,_iJ '" "', 'l~ ,. '~ ". " H ~l" ""," '". 'lit.t.;,_ P~PE FOR LISTING CASE FOR 4IlAL " 1'3 I ~', i !, (Must be typewritten and sutmitted in duplicate) ii TO THE POOTHOJlOTARY OF CUMBERLAND COUNI'Y 11 Please list the following case: (Check one) for JURY trial at the next tenn of civil court. ';i , ii x for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF O. C. TYLER O. C. TYLER, (check one) " j; X) Civil Action - Law Appeal from Arbitration (other) (Plaintiff) vs. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND The trial list will be called on and Trials conrnence 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. 00-8707 Civil 19 Indicate the attorney 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: ~F Print Narre: Christopher C. Houston, Esquire Date: 10/19/01 Attorney for: Defendant 3~ e-- ."- 'L>~,' '""""ltt'~~~giliir.......~~~ ~ '-'~'~'iI!!~,'!I_~il!.~Ol;'!ilii1!id'~'~~'i!IJl,~ ;.fl,.:!,TI .L'~c"- 7'''',"''''_'~~,"__ .I~ , -, ". _r,"""",,,.," u1illWli~ O. ...." , . o . - " ,.~.. ~-""~, (') C) (~ C. .::;0; ;;;:. C) -00:' ,) mn" ......J .. Z:c r= Z,., N -1-'-1 ,o~..., (f)=. .r:- .J"-"' -<L. c::::t":> r-: r~ , <-.....- C) _t~Tl j>-, -" (-',;"--:"': Z\,) '.0 ~C~ 5f'fi PC: z: ,-l =<~ N :b 0' -< 1!!1 -, -I' ,-".'"",.',", ,-~" ,L,,, ,10 C,;'",_ o . IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF O. C. TYLER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA O. C. TYLER, PLAINTIFF V. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, DEFENDANT : 00-8707 CIVIL TERM IN RE: EMINENT DOMAIN BEFORE BAYLEY. J. ORDER OF COURT AND NOW, this ~ day of January, 2002, damages in the amount of $1,647.95 are q,warded to O. C. Tyler as a result of the declaration of taking on December 12, 2001, of 174 West Penn Street, Carlisle, Cumberland County. Edgar B. Bayley, J. / lto '-<I , ,..\,.-:;;,.'C~~:, ,"l>, "{ . e" 1.1 e,' "'i\I':?; \.'-.\'\<{,: ,~'~' _\'~~\~.:\., ' eX ." . r' \U: \ ~ ~,\ ~\J: .\ \:l2. .\ '\' .' ''\\J~\'I ."",.... ()...J C01;Jj\jJ;~S;01f>,~\f\ \l'C.I'il'l o ~~ ~ ~~ , , "WO' *" "~. -",-, -~ (~ '- ""- ,.. :c~- 'lMJ.l!'1'~..w~~~'~Ii'iWf~ifl)'.H~~fI ",,___=~~,..___". _lJl-_'"''''"~'''__'r lL ->7.%1 - '<1"- o 00-8707 CIVIL TERM ~elville G.M. Walwyn, Esquire flopiw.-/'l\~ For Condemnee L. I \.. I"\T\~ \-L.j-O!{ /Christopher C. Houston, Esquire For Condemnor :saa -,,- ,- ",- ,=-' ,,-..--""-' ~-' L -~Li . 4( "I - ~ -"'~'"'' i=__ -,... " "": c . IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF O. C. TYLER O. C. TYLER, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, DEFENDANT 00-8707 CIVIL TERM IN RE: EMINENT DOMAIN BEFORE BAYLEY. J. OPINION AND ORDER OF COURT Bayley, J., January 4, 2002:-- On December 20, 2000, the Redevelopment Authority of the County of Cumberland filed a declaration of taking of a property owned by O. C. Tyler at 174 West Penn Street, Carlisle, Cumberland County. O. C. Tyler filed a notice of appeal from a determination by a Board of View dated September 19, 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 difference between the fair market value of the landowner's entire property immediately 41 "' -, ""1',-" - " - -,~ -~ ^', ' "",' c o 00-8707 CIVIL TERM 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 located in the Borough of Carlisle in a District zoned R-4 Town Center Residential. The property contains an old boarded-up commercial structure that has been vacant since at least the end of the 1980's. Before that, the premises had been used as a gas station for at least thirty-five years. Under the Borough of Carlisle Zoning Ordinance, residential uses are the only uses now permitted in an R-4 Town Center Residential District. A non-conforming use is abandoned if it is not so used for more than six months. The commercial structure on the property is not adaptable for a use permitted in an R-4 Town Center Residential District. The subject lot is small but could be used for a townhouse. There are two gasoline tanks approximately two and one-half to three and one-half feet below the surface of the property. The capacity of each tank is about 1,000 gallons. A preliminary environmental assessment of soil samples indicates that the tanks have not leaked significantly. The life span of such tanks is 20 to 30 years. Assuming that the gasoline tanks are removed, the highest and best use of the property is as vacant land which could be then utilized to construct a residence which would conform with the current Borough zoning ordinance. The value ofthe property on the date of the declaration of taking was $9,000. The real estate taxes owed by the condemnor as of December 12, 2001, which were -2- 4-3 ~. ,-~, <--<-'1" -- ~. .', - ~- --',"-"'" -l r . , . o . 00-8707 CIVIL TERM paid by the condemnee, totaled $512.05. For condemnation purposes, we find that on the date of the declaration of taking, the premises had real fair market value of $1,647.95 (a property value of $9,000, less $512.05 in real estate taxes owed by the condemnee,' less $6,840 for removal of the storage tanks). See Gilder v. Commonwealth, Department of Highways, 435 Pa. 140 (1969). ORDER OF COURT AND NOW, this ~ day of January, 2002, damages in the amount of $1,647.95 are awarded to O. C. Tyler as a result of the declaration of taking on December 12, 2001, of 174 West Penn Street, Carlisle, Cumberland County. ./ Melville G.M. Walwyn, Esquire For Condemnee Christopher C. Houston, Esquire For Condemnor :saa 1 See 26 P.S. Section 1-608(3). -3- ,L T;'C ~4- . ~ 'I' ~ 'tl~' ,. .- > , o . 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 : 00-8707 CIVIL TERM NUMBERED AS 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING : EMINENT DOMAIN THE PROPERTY OF O.C. TYLER O. C. TYLER, Plaintiff . . -v- REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant NOTICE OF APPEAL NOTICE is hereby given that O. C. Tyler 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 RespectfullYcs,;mitted, {)r C I ItJt/-A-/ O. C. Tyler c/o Vickie Coleman 1416 Bradley Drive # H-212 Carlisle, Pennsylvania 17013 (717) 240-0275 Pro Se 45 ~ ,~ , ~ .IJ - ;~~~; """....;-'~- "Ill' ,~~,.~. ~ """""~ '~l ~ PYS510 Cumb~la~d,County prot~onotary'~. ffice , V Clvll Case Inqulry W 2000-08707 REDEVELOPMENT AUTHORITY (vs) TYLER 0 C Page 1 Reference No. . : Case Type.....: DECLARATION OF TAKING Judgment. . . . . . .00 J1,ldge Assigned: Dlsposed Desc. : ------------ Case Comments ------------- Filed. . . . . . . . : Time......... : Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: 12/20/2000 11 :05 0/00/0000 0/00/0000 ******************************************************************************** General Index Attorney Info REDEVELOPMENT AUTHORITY OF COUNTY OF CUMBERLAND 114 NORTH HANOVER STREET CARLISLE PA 17013 TYLER 0 C CONDEMNOR HOUSTON CHRISTOPHER C CONDEMNEE ******************************************************************************** * Date Entries * ******************************************************************************** 12/20/2000 12/20/2000 12/29/2000 2/05/2001 9/14/2001 10/12/2001 10/24/2001 1/04/2002 - - - - - - - - -. - - - - " FIRST ENTRY - - - - - - - - - - - - - - DECLARATION OF TAKING - 174 WEST PENN STREET CARLISLE PA MEMORANDUM OF FILING OF NOTICE SHERIFF'S RETURN FILED Litigant.: TYLER p C C/O VICKIE COLEMAN SERVED : 12/28/00 NOTICE OF CONDEMINATION DECL OF TAKING Costs....: $31.10 Pd By: REDEVELOPMENT AUTH OF CUMB. CO 12/29/2000 ------------------------------------------------------------------- ORDER - DATED 2/5(01 - IN. RE PETITION OF THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND THE COURT APPOINTS WILLIAM DUNCAN ESQ AND JAMES SHEYA ESQ ELMER RITTER ESQ AS A BOARD OF VIEWERS TO ASSESS DAMAGES IN THE CONDEMNATION AND FURTHER ORDERED - BY THE COURT GEORGE E HOFFER PJ REPORT OF VIEWERS WILLIAM A DUNCAN ESQ CHAIRMAN ELMER L RITTER AND JAMES P SHEY~ BILLED COUNTY 10/01/01 ------------------------------------------------------------------- APPEAL FROM DETERMINATION OF REPORT OF VIEWERS - BY MELVILLE G M WALWYN ESQ - 0 C TYLER ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR TRIAL - BY CHRISTOPHER C HOUSTON ESQ FOR DEFT ------------------------------------------------------------------- ORDER OF COURT - DATED 1/4/02 - IN RE EMINENT DOMAINE - DAMAGES IN THE AMOUNT OF $1647.95 ARE AWARDED TO OC TYLER AS A RESULT OF THE DECLARATION OF TAKING ON 12/12/01 OF 174 WEST PENN S~REET CARLISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 1/4/02 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * * Fees & Debits Beq Bal Pvmts/Adl End Bal * ******************************************************************************** DECLAR/TAKING TAX ON DECLAR SETTLEMENT JCP FEE 35.00 .50 5.00 5.00 .00 .00 .00 .00 35.00 .50 5.00 5.00 45.50 45.50 .00 ******************************************************************************** * End of Case Information * ******************************************************************************** '".:"'E COpy FROM RECORD 'rll'l.lstimony Whereof, I here unto set my hmii and the seal of said Court at Carlisle. Pa. r,hlS 31 ~!Lotr;!4~J;t,,~ . '1 Profhonotarv 4 " , ~Ij H"i,',;;" , ',' ~ I I' l'i~lmi~IIJ~m~ ;i~~ljk!l'liliij:[L:J~; < ,_ ,-- ~--., , . , o . - IN RE: CONDEMNATION BY THE : IN THE CO~T OF COMMON PLEAS OF REDEVEWPMENT AUTHORITY : CUMBERLAND COUNTY, PENNSYLVANIA OF THE COUNTY OF CUMBERLAND : OF THE PREMISES KNOWN AND : 00-8707 CIVIL TERM NUMBERED AS 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING : EMINENT DOMAIN THE PROPERTY OF O.C. TYLER O. C. TYLER, Plaintiff -v- REDEVEWPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant ORDER FOR TRANSCRIPT A Notice of Appeal having been tiled 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. J !<Anger 1ft; t~<"-'-' ( d. I ~ 00 ( Date: January 31, 2001 RespectfullY:Med, ~~.~l~r ~ c/o Vickie Coleman Carlisle, Pennsylvania 17013 (717) 240-0275 Pro Se - ...,.. > ~'~'. ...... .,,- - --_I 11\1I ~- ~n 'r fiO .- ,._------<."\ Pm;hV'''''''l. ' Lfl , . , . o . IN RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS OF REDEVELOPMENT AUmORITY : CUMBERLAND COUNTY, PENNSYLVANIA OF THE COUNTY OF CUMBERLAND : . OF THE PREMISES KNOWN AND : 00-8707 CIVIL TERM NUMBERED AS 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING : EMINENT DOMAIN THE PROPERTY OF O.C. TYLER : O. C. TYLER, : Plaintiff -v- REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant . . CERTIFICATE OF SERVICE I hereby certifY that I have this 31" day of January, 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 1 Courthouse Square Carlisle, Pennsylvania 17013 Date: January 31, 2001 ~(~ltytt:0 O.C. Tyler Y c/o Vickie Coleman 1416 Bradley Drive # H-212 Carlisle, Pennsylvania 17013 "^, "C"';l (717) 240-p27~","'f\' fROM Rii:. ~:" P S ^- . . '." ,,,, ~~. OJ ~ ~111~I<'\l1iI ro e "";;;;:.::;."IWllflfllllt:Il\~~+Il~~~'I~e, Pa. ~', '~~,,-,, ~""--""",,. - 1.1 ", __ ,:~'V IS' "df:', - -~. -- ProthDM~?~~ --- ~ ""."J,,",,",..!tiW''fir.!~)!j@f$iWJii.~1Ti''''^ 11!1 ;1t(('i'~I~&~;j;lf:!jo::2i#J!.i~""';'J;Jill;bi\I!!m-l'~*'l- "i_,~~.,{J.r~'l!..JF,.tV"",..o",_,~JJm.,,,,,,,....,,~",._('" ,",,'i"",'. ~"'<<.,' ,~V '.-_':Yr,." ,;Jc),",,',-f,0' ,~, ",,,., ~ '.~,"__'''',' - " ^_, _'., ""'~~"."~ ';'.;..k~Illi~ -~ "." --~ .. -- ~~~'-,^~ -"~ '.. , , , - ~, ~ . ' o . 0 0 C 1"-") ~.:<- ',- ~~. \ ~ ""'tJC, ".'1"' rnp- - -"7-'-_ -<-- ~r i..,) -,r:::: ~ t;~n.- cji~ 2;t: ::-- :'- ::J!: \ ;<;:;0 '- "'"0 OITl '\lj >c -4 -7 a1 SO " :3 .-1 -<; ~ -, ~ -t. ~ ~ E.'ii~~.........'-'- ~~~. ~11. _ '"' -...~~ ~."~ .~.'iW,::, 1Ui5A.M. . o C Superior Court of Pennsylvania 66 - f'7 07 AppealDocketShee1 Docket Number: 179 MDA 2002 Page 1 of3 February 5, 2002 - In Re: Condemnation by the Redevelopment Authority of the County of Cumberland of the premises known and numbered as 174 West Penn Street, Carlisle, Cumberland County, Pennsylvania, being the Property of O.C, Tyler O.C. Tyler, Appellant v. Redevelopment Authority of the County of Cumberland Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: February 5, 2002 Journal Number: Case Category: Civil Awaiting Original Record CaseType: Consolidated Docket Nos.: Related Docket Nos.: 175 MDA 2002 Similar Issues Next Event Type: Docketing Statement Received Next Event Type: Original Record Received SCHEDULED EVENT Next Event Due Date: February 19, 2002 Next Event Due Date: March 18, 2002 4q 2/5/02 3023 ~__;9'~ . . '.......~ ~ . , ,11., 1..o!I~.l 11.05 A.M.' 9 o Superior Court of Pennsylvania Appeal Docket Sheet Docket Number: 179 MDA 2002 Page 2 of 3 February 5, 2002 - COUNSEL INFORMATION Appellant Tyler, O. C, Pro Se: ProSe Appoint Counsel Status: IFP Status: No Appellant Attorney Information: Attorney: Coleman, Vickie Bar No,: Address: Law Firm: 1416 Bradley Drive #H-212 Carlisle, PA 17013 Appellee ProSe: IFP Status: Phone No.: Receive Mail: Yes EO-Mail Address: Receive E-Mail: No Redevelopment Authority of The County of Cumberland Appoint Counsel Status: Fax No,: 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 EO-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 2002SPRMD000094 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 Division: Civil Judicial District: 9 Date Notice of Appeal Filed: January 31,2002 OTN: Judge: Bayley, Edgar B. Judge Lower Court Docket No,: 00-8707 ORIGINAL RECORD CONTENTS 2/5/02 so 3023 r=.....'"~ ......... "",~ ~ 'ill -- , , """ Jr ! "WI I 11.05 A.M. ~ ~ y o Superior Court of Pennsylvania Appeal Docket Sheet Docket Number: 179 MDA 2002 Page 3 of 3 February 5, 2002 '* 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 5, 2002 Notice of Appeal Filed Appellant Tyler, O. C. February 5, 2002 Docketing Statement Exited (Civil) Middle District Filing Office $/ 2/5/02 3023 ,0 e I '~fi!!JR~rU!!t"'Ji1~ml~~M~>'I~"'OJU""'~'~L~;tJi';;,~~:U' .~ ,I ,'J..jjrumj[jI1!~I~il t"\....' ... .,~ ~ "- ~ C) ~ -0(:0 [9ft ~. ~\~ )...-.. ,~~, ;;S ''''') --. c. pc 2':: :.< ~jrlil - ~. . o \'".J 4""\ !'l C.::J \ ~T- .~ -~:() [',) (u '::2FI :~,i'rl ::==-t ~ -< , ~~--~ . - o IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 174 WEST PENN: STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF O.C. TYLER O.C. TYLER, Plaintiff V. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant .1; '.' '"'~, , , I ':':"-" '.',. ,"';iC,,;";. o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-8707 CIVIL TERM EMINENT DOMAIN 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 Walwyn, Esquire For the Plaintiff Christopher Houston, Esquire For the Defendant 6~ ,~--- . I' ,~" , . o o INDEX TO WITNESSES FOR THE PLAINTIFF -, , ] ','~ 1_ , ._~- ,,? '""',~ DIRECT CROSS REDIRECT RECROSS Lindora Johnson 31 FOR THE DEFENDANT Bradley Wolf 4 11 Kenneth W. Womack 13 Cassandra J. Crockett 17 21 24 William C. Varner 25 27 Peggy S. Bower 28 2 53 Till'- -; , , 0', . . . INDEX TO EXHIBITS FOR THE PLAINTIFF MARKED ADMITTED FOR THE DEFENDANT Ex. No. 1 - Phase I Assessment 5 31 Ex. No. 2 - Phase II Assessment 7 31 Ex. No. 3 - Cost Proposal 9 31 Ex. No. 4 - photographs 18 31 Ex. No. 5 - appraisal report 18 31 Ex. No. 6 - cash disbursement voucher 29 31 3 ~i sf;. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 o . THE COURT: Okay. case. This is what property? MR. HOUSTON: Your Honor, this is the Now we'll do the second property located at 174 West Penn Street owned by O.C. Tyler. THE COURT: All right. MR. HOUSTON: Your Honor, You may proceed. this property stems from a condemnation proceeding initiated by the Redevelopment Authority against the property at 174 West Penn Street, Carlisle pursuant to a Declaration of Taking which was filed on December 20, 2000. THE COURT: Okay. MR. HOUSTON: An appeal was filed on behalf of the condemnee, and the only issue before Your Honor would be the value. THE COURT: All right. MR. HOUSTON: And we are ready to proceed. 18 THE COURT: You may proceed. 19 MR. HOUSTON: We would like to call Brad 20 Wolf, please. 21 Whereupon 22 BRADLEY WOLF 23 having been duly sworn, testified as follows: 24 DIRECT EXAMINATION 25 BY MR. HOUSTON: 4 00 . , .1' di ~"-': o o Q please. A Q A Q A Companies. Q A 14 some environmental work at a property located at 174 West 15 Penn Street in Carlisle? 16 17 A Yes. Q And how were you personally involved in that 18 proj ect? 19 A We completed a phase one environmental 20 assessment on the property, which involved determining 21 whether there were any environmental concerns related to 22 the property either from current or historic use. 23 (Whereupon, Defendant's Exhibit No.1 was 24 marked for identification.) 25 BY MR. HOUSTON: 5 00 ~ 8 9 10 11 'I' j' ~- .,,'Q; o o 1 Q I'm showing you what's been marked as 2 Defendant's 1. I would ask if you can identify what that 3 is, please. 4 A This is our Phase One Environmental Site 5 Assessment Report. 6 Q And is there a summary in that report as to 7 your findings and recommendations? A Yes. Q And could you relate what those would be, please? A The findings were that the site was operated 12 as a gas station for at least 35 years, and we found 13 evidence that the underground tanks still remained on the 14 property. 15 Q Do your records indicate approximately when 16 it was last operated as a gas station? 17 18 19 20 21 22 23 24 25 A The records indicate that the site Yes. was used as a gas station until the 80's. Q What was your recommendation to our agency after having completed the phase one? A We recommended that a phase two investigation be completed. Q And what is a phase two investigation? A The phase two was to determine -- to confirm whether or not the suspect tanks were still at the site, 6 ~ ~-- . -I' i' -'A o .'..,.'. e. 1 and to whether they had caused any environmental impairment 2 to the property. 3 Q And was your firm so engaged to perform a 4 phase two? 5 A Yes. 6 (Whereupon, Defendant's Exhibit No.2 was 7 marked for identification.) 8 BY MR. HOUSTON: 9 Q I'm showing you what's been marked as 10 Defendant's 2. I would ask if you could identify what that 11 is, please. 12 A This is our Phase Two Site Investigation 13 Report. 14 Q And do you provide a summary of your phase 15 two analysis in that report? 16 A Yes. 17 Q And what was the -- what was the findings 18 from the phase two? 19 A The findings of the phase two were that it 20 appeared that there were four underground tanks still 21 remaining on the property, approximately 1,000 gallons in 22 capacity each. There was also the possibility that this 23 could be two larger tanks positioned back to back. 24 Q Were you able to determine the location of 25 those tanks? 7 ~ . u ' -,', . -I. o . 1 A Approximately, yes. 2 Q Were you able to determine the approximate 3 depth below ground level of some or all of those tanks? 4 A Right. The depth below surface to the 5 tanks ranged from about 2 1/2 to 3 1/2 feet. 6 Q Were you able to determine whether there 7 were any concaminants in the soils from those tanks or from 8 the prior operation of that facility as a gas station? 9 A Yes. We installed borings around the 10 perimeters of these suspect tanks and collected soil 11 samples, which indicated that it didn't appear that the 12 tanks leaked significantly. 13 Q They did not? 14 A Did not. 15 Q With respect to the tanks themselves, is 16 there anything that an owner of that property is required 17 by the law to do now with respect to those tanks? 18 A Yeah, these tanks are considered regulated 19 by the Deparcment of Environmental Protection due to the 20 amount of product still remaining in them, which is several 21 inches of gasoline. Therefore, being regulated tanks that 22 are no longe~ in use, they need to be properly closed in 23 accordance with the DEP regulations. 24 Q And what does that mean when you have to 25 close those canks? 8 61 :~~.J. . .. 1 _~l ,'11. ~~<.. . "'J ;'1 I I I o 0, .,'. A Closing is either removing the tanks or 2 filling them in place. 3 4 5 Q So filling them with what? A Filling them with concrete slurry. Q Okay. What was your recommendation to our 6 agency with respect to those tanks? 7 8 9 A We recommended that they be removed. Q And why did you make that recommendation? A The tanks are not large in capacity. The 10 cost to remove is going to be less than the cost to close 11 them in place, and also the fact that they are buried 12 fairly shallow below surface. They could impede anything 13 as far as redevelopment of the property in the future. 14 Q And did you -- I should ask you, when had 15 you done the phase one, and when did you do the phase two 16 analysis? 17 A The phase one was completed in July of 2000. 18 The phase two in November of 2000. 19 20 BY MR. HOUSTON: 21 Q And did we ask your firm to provide us with 22 an estimate of the cost of the removal of those tanks? 23 24 25 A Yes. (Whereupon, Defendant's Exhibit No.3 was 9 ft,o ~~ ~ 'J~II~,. , I -~, , ~'-~ o . 1 marked for identification.) 2 BY MR. HOUSTON: 3 Q I'm showing you what's been marked as 4 Defendant's 3, and I would ask if you can identify what 5 that is, please. 6 A This is our cost proposal to removal the 7 underground tanks to the Redevelopment Authority. 8 9 10 Q And what is that cost? A $6,840.00. Q And is it possible that there could be 11 additional costs in addition to that? 12 13 14 A Yes. Q And what would those costs be? A Those costs would be -- we're estimating 15 that we would only need to dispose of 200 gallons of 16 product. If we would encounter more -- there's also the 17 chance that one of the tanks may have been partially 18 filled. Therefore, there's additional cost to dispose of 19 that tank. 20 Q And is that estimate as to this cost still a 21 valid cost as of today? 22 23 A Yes. Q And was that a valid cost as of the date of 24 the filing of the Declaration of Taking, which was December 25 20 of 2000? 10 ~I o ..... - 1 A Yes. 2 MR. HOUSTON: I have no further questions. 3 THE COURT: Cross. 4 CROSS EXAMINATION 5 BY MR. WALWYN: 6 Q What was the condition of the tanks, as you 7 determined? 8 A The condition of the tanks? 9 Q Urn-hum. 10 A We can't tell if there are any -- as far as 11 the integrity of the tanks, because we didn't excavate 12 around them. We just installed borings around the 13 perimeter of them, but what we know from collecting samples 14 from those borings is that the tanks didn't appear to 15 significantly leak. 16 Q Okay. Now, how did you determine how much 17 product might have been in the tanks? 18 A We removed the fill quarts from on top of 19 two of the tanks and found both of them had several inches 20 of product still remaining in them. 21 Q Would the tank still be usable? 22 A You would only know that after you would 23 expose them and know what their construction is, but most 24 likely they probably would not meet the current 25 regulations. They would probably need to be upgraded if 11 ~ ~ ~IJ _' ~, 0 "-'o,l' '- -' '~. '" ~,_.'-' J!!.( o 0" ,,- 1 they were to be used, if they could be used at all. 2 Q But your study didn't involve that? 3 A No. We simply installed borings around the 4 perimeter. We did not uncover the tanks. That would be 5 part of removal or closure in place. 6 Q Do you know how long it was since the tanks 7 had been used? 8 A Our records from the phase one assessment 9 indicated that the tanks have not been used since the 80's. 10 Q Would the study be able to tell us whether 11 or not the -- I mean what the normal life span of one of 12 these tanks is? 13 A Normal life spans completely depend upon 14 site conditions. Typically they range from 20 to 30 15 years, but it's completely site specific. 16 Q So if the owner of this property wanted to 17 open a gas station -- reopen a gas station there, you're 18 not sure whether these tanks could be used? 19 A No, there would have to be additional 20 studies done to determine that. 25 MR. WALWYN: That's all I have. MR. HOUSTON: No further questions. THE COURT: Sir, you're excused. Make sure you leave your reports that were marked. MR. HOUSTON: May this witness be excused 21 22 23 24 12 ~~ " -II" ,. l'o__.i__. ,_ ~, , '~;', o . 1 from the courtroom? 2 THE COURT: Yes. 3 MR. HOUSTON: I would like to call Ken 4 Womack, please. 5 Whereupon, 6 KENNETH W. WOMACK 7 having been duly sworn, testified as follows: 8 DIRECT EXAMINATION 9 BY MR. HOUSTON: 10 11 12 13 14 Pennsylvania. 15 16 17 18 19 20 21 22 23 24 Q A Q A State your name, and spell your last name. Kenneth W. Womack, W-o-m-a-c~k. And your address? 512 West South Street in Carlisle, Q A And how are you employed? I'm the Planning Zoning Codes Manager for the Borough of Carlisle and carry the additional titles of Zoning Officer and Chief Code Enforcement Officer for the Borough. Q In your capacity as a Zoning Officer, is it is it you personally that would issue zoning determinations and interpretations of a zoning ordinance? A Q That's correct. What is the zoning district within which the 25 property at 174 West Penn Street is located? 13 ~4 1 ..J,',i ,-, - o o A It's an R-4 town center residential. 2 Q You are familiar with that property and the 3 structure that is located thereon? 4 5 A Q Yes, I am. Are you aware of the last -- what the last 6 use of that property was? 7 A I don't remember since I'm not sure I am. 8 I've been here in 1992 seeing it used as anything. Based 9 on the testimony that I heard previously, I suppose it was 10 used as a gasoline station. 11 Q What does it appear to have been used for? 12 Let me ask you that. 13 A Some type of a gasoline station, and 14 possible market -- small market. 15 Q Okay. When did the current zoning district 16 -- when was that adopted? 17 A 1988 is the date of our current zoning 18 ordinance. 19 Q Okay. Are there any commercial uses 20 permitted within that zoning district? 21 A No, they're not. 22 Q So if this property would be used as any 23 kind of a commercial property, would that be permitted use? 24 25 A Q No, it wouldn't be today. Okay. If a property owner would come to 14 ~ ;~j o ." ',-- 1 you today and ask to have that property -- to be able to 2 use that property as a commercial property strike that 3 question. 4 If a property owner came to you on or about 5 December 20, 2000, and asked if that property could be used 6 as a commercial property based on its prior use as a 7 commercial property, would that be permitted under the 8 zoning ordinance? 9 A It would be a nonconforming use in its 10 capacity when it was last used in 1988, assuming that the 11 ordinance was in place as town center residential. Our 12 ordinance says if a nonconforming use is abandoned for more 13 than 6 months, it ceases to be a nonconforming use and must 14 -- the lot in question to be used must comply with the 15 zoning ordinance. 16 I didn" t see anything to indicate that it 17 had been used or that anyone had had any indications to use 18 it as a commercial property. 19 Q Okay. So for a period then of at least -- 20 let's say, looking back 6 months from December 20 of 2000, 21 had there been any use of that property as a commercial 22 property? 23 A Not that I'm aware of. 24 Q Based on the size of the property, which 25 would be 2,440 square feet, what uses would be permitted on 15 ftft 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 . 1 this property? A Well, as I mentioned, it's residential. So only residential uses would be permitted. The minimum lot size -- the only acceptable minimal lot size that 2,000 feet would meet or that 2,240 square foot would meet would be a town house. Given I think that the property adjacent to it is built up to the lot line, a town house could be constructed on the end of it, based on the initial analysis that it would meet the minimum lot size. Whether or not the setbacks and everything could be met with, we would have to see the specific plan in question. Q Okay. So the use of this property could then be utilized for a residential use within that zoning district? A Yes. Q And just one final question, and that is prior to December 20, 2000, and since you became employed with the Borough, you had not received any request from any property owner to issue any determinations as to whether any prior nonconforming use for this property as a commercial use continue on that property; is that correct? A No, I haven't. MR. HOUSTON: I have no further questions. THE COURT: Cross-examine. 16 ~7 ""'~"._" 1 2 3 "Ii ,,' -, " ;_.~ ,", --I' I" '-=' ~':': ,1 o . MR. WALWYN: No questions. THE COURT: Sir, you're excused. MR. HOUSTON: Cassandra Crockett, please. 4 Whereupon, 5 CASSANDRA J. CROCKETT 6 having been duly sworn, testified as follows: 7 DIRECT EXAMINATION 8 BY MR. HOUSTON: 9 10 11 12 13 14 15 16 17 18 19 20 Q A Q A Q A Q State your name, please. Cassandra J. Crockett. Spell your first and last name. C-a-s-s-a-n-d-r-a. C-r-o-c-k-e-t-t. And your address? 270 South Lewisberry Road, Mechanicsburg. And how are you employed? A I am a Certified Residential Appraiser in Steven W. Barrett's appraisal office here in Carlisle. Q And how long have you been so certified? A Since 1993. Q And are you familiar with -- or have you 21 performed appraisals in the Carlisle area since 1993? 22 23 A Q Yes, I have. Are you familiar with this particular 24 property at 174 West Penn Street? 25 A Yes, I am. 17 ~8 "Ii I, -"'- '-'<<'-- o . 1 MR. HOUSTON: Your Honor, I would offer Ms. 2 Crockett as a qualified valuation expert. 3 THE COURT: Any questions on 4 qualifications? 5 MR. WALWYN: No questions, Your Honor. 6 THE COURT: She may testify. 7 (Whereupon, Defendant's Exhibit NO.4 was 8 marked for identification.) 9 DIRECT EXAMINATION 10 BY MR. HOUSTON: 11 Q I'm showing you what's been marked as 12 Defendant's 4. Could you identify what those pictures 13 depict? 14 This is the building on the site at 174 West A 15 Penn Street. 16 Q And is that a property that you were engaged 17 for purposes of preparing an appraisal? 18 A I was. 19 (Whereupon, Defendant's Exhibit No.5 was 20 marked for identification.) 21 BY MR. HOUSTON: 22 Q I'm showing you what's been marked as 23 Defendant's 5, and I would ask if you could identify what 24 that is, please. 25 A This is the appraisal report that I prepared 18 ~1 ". , ~"'I , I 1 I , I I !! '! ! I 1 1 I I I ! I , . I ~j c . 1 for 174 West Penn Street. 2 Q When did you prepare that appraisal? 3 A July 27th, 2000. 4 Q And what was the value of the appraisal? 5 A $9,000.00. 6 Q What is your opinion as to the highest and 7 the best reasonably available use of this property? 8 A I appraised this site as a vacant site since 9 the improvements on the property appear to be in a 10 deteriorated condition. 16 Q A Q A vacant lots value. Q A Q 20 subject property? 21 A Two were a half a mile away, and the third 22 one mile. 23 Q The valuation that you arrived at, 24 $9,000.00, was that as of July 27th, 2000? 25 A It was. 19 ~ f- ~- 1 , ~ "- ~IL~ ~'~ I I J. , . o o Q And is that the same value that you would 2 place on that property as of December 20, 2000? 3 4 A Yes, it is. Q Have you heard the testimony in court from 5 Mr. Wolf of BL Companies? 6 7 A Urn-hum, I did. Q And you heard his testimony concerning the 8 fact that there are underground storage tanks on that 9 property? 10 11 A Right. Q When you prepared this appraisal, did you 12 take into consideration any environmental issues? 13 A We did. I valued the report assuming that 14 there would be no environmental problems present since it 15 appeared that it might have been used as something like a 16 gas station previously. 17 Q Okay. So this value assumes that there are 18 no environmental issues? 19 20 A Right. Q Okay. You heard the testimony of Mr. Wolf 21 concerning the cost of the removal of certain underground 22 storage tanks; is that correct? 23 24 A I did, yes. Q What impact is that upon your appraisal 25 based on that information? 20 ~ ~ ~" 1 2 3 4 5 6 7 8 9 10 11 :..1; = '~, ,', " - > 'I~ o o A That would have to be corrected to cause the site to be a usable site. So those -- the tanks would have to be removed, and that cost deducted from the value. Q You also heard the testimony of Mr. Womack today concerning the fact that this site could not be used for commercial use? A Right. Q Does your appraisal take into consideration as to what type of use this property would be used for? A I appraised it as it's current zoning, which is R-4 town central residential. Not as a commercial 12 site. 13 MR. HOUSTON: I have no further questions. 14 THE COURT: Cross. 15 CROSS EXAMINATION 16 BY MR. WALWYN: 17 Q If you remove the tanks from the site at the 18 cost that Mr. Wolf, I think, indicated, your mathematical 19 computation would indicate that the property would be 20 valued at zero, am I correct? 21 A Yeah. Well, I think it was -- he said 22 something like $6800.00, and we appraised it at $9,000.00. 23 Q Okay. If the tanks were removed, wouldn't 24 that increase the value of the property? 25 A We appraised it as if there were no tanks 21 7~ .,.....~b_ 1 there. 2 3 4 $9,000.00. 5 6 "r "IL'" ~ 1.. " ',.,; . "- e ';-.< e, ee o Q I understand. Okay. A And without the tanks, we appraised it at Q And you value the building at zero? A I did value the building I did not value 7 the improvem~nts since they appeared to be in a 8 deteriorated condition. 9 10 11 Q But did you go inside the building? A I did not, no. Q In your experience, just looking at 12 buildings from the outside, is that an indication of the 13 condition of the interior of the building, necessarily? 14 15 roof was A It can be. In this particular case the the shingles were curling. There was an area 16 on the roof where there were no shingles at all. It 17 appeared to be exposed to the weather. So in that 18 particular case you would assume there's weather damage on 19 the inside, and that type of thing. 20 21 the appraisal? 22 Q Have you been to the property since you did A I've driven by the property, yes. I've been 23 in the neighborhood, yes. 24 25 been repaired? Q Did you ever notice whether the roof had 22 73 ..- - 1 2 3 appraisal? 4 ,olJ o o A I think the roof has been repaired, yes. Q Would that have any effect on your A Well, not really because, as I said, I 5 appraised it as a vacant site, not including the 6 improvements. 7 Q Well, okay, but suppose the roof was 8 repaired so that that gave the value -- some value to the 9 building itself? 10 A Well, it would have stopped the damage at 11 that point in time from the weather, but the building would 12 still be in whatever condition it was at that point in 13 time. 14 Q Do you know what the material was the 15 building was constructed from? 16 17 18 A It Q Go ahead. A It appeared that it was probably some kind 19 of masonry with like a stucco finish on the outside. 20 Q And even with that you found it deteriorated 21 enough not to give it a value? 22 A Well, the interior would probably be a 23 substantial amount of wood and interior finish dry wall. 24 That kind of thing. 25 Q But you don't know that? 23 14- .'^ J ,j"~1 I , ~, "~~ 'I-j , "~ , ~ "" o _.,e \,I 1 A No, I don't know that. 2 THE COURT: Let me see the pictures, 3 please. 4 5 THE WITNESS: I have - - MR. HOUSTON: The ones right there. THE COURT: The exhibits. THE WITNESS: Oh, I'm sorry. THE COURT: Thank you. Go ahead. 6 7 8 9 MR. WALWYN: The Court's indulgence, please. 10 No further questions. 11 REDIRECT EXAMINATION 12 BY MR. HOUSTON: 13 Q Just one or two follow-up. With respect to 14 the roof, when you had inspected the property? 15 A In July. 16 Q In July of 2000, there was a hole in the 17 roof and the shingles were in disrepair, correct? 18 A Right. Correct. 19 Q And since that time you've been back to the 20 property? 21 A I have driven by the property, yes. 22 Q And you noticed that the repairs had been 23 made to the roof? 24 A Yes. 25 Q So when this appraisal was done -- 24 76 :lW' - .~ -'----':r.ll'- , t- , ,'- ," - ~~', c o 1 A When this appraisal was done the roof was in 2 disrepair and beyond the end of it's life. 3 MR. HOUSTON: That's all I have. 4 MR. WALWYN: I have no further questions. 5 THE COURT: You're excused. 6 MR. HOUSTON: Bill Varner, please. 7 Whereupon, 8 WILLIAM C. VARNER 9 having been duly sworn, testified as follows: 10 DIRECT EXAMINATION 11 BY MR. HOUSTON: 12 Q Will you state your name, please? 13 A William C. Varner, V-a-r-n-e-r. 14 Q And your address? 15 A 51 Leeds Road, Newville. 16 Q And how are you employed? 17 A I'm employed as a Housing Redevelopment 18 Specialist for the Cumberland County Redevelopment 19 Authority. 20 Q And what are your duties in that position? 21 A I do housing inspections. I do work 22 write-ups and specifications, run the bid process. I do 23 construction management, project engineering. 24 Q Are you familiar with the property at 174 25 West Penn Street? 25 70 "t,~ 1 'IL '". ,. ,:,1, o . A Yes, I am. 2 Q Are you aware of the condition of that 3 property as it was when the authority acquired it by the 4 filing of a Declaration of Taking on December 20, 2000? 5 6 7 8 9 A Yes. Q Were you aware that that property had some problems with the roof? A Yes. Q Since the date of the filing of the 10 Declaration of Taking were there repairs made to that roof? 11 A There had been some repairs made, yes. 12 Q And did our agency or anyone at our 13 direction make those repairs? 14 15 A Q No. With respect to that property, you're 16 familiar with its configuration and its shape? 17 18 19 20 as the use? A Q Yes. What is that property best suited for as far A The only thing the property would be suited 21 for, in my estimation, would be residential, providing 22 there's enough lot size. 23 Q I'm talking about the structure that's on 24 there now. 25 A Pardon? 26 77 '~ "'" )- 11- -"_ .'1 o . 1 Q I'm talking about the existing structure. 2 A Commercial would be the only thing that it 3 could be used for. 4 5 6 7 8 9 10 11 12 13 14 15 MR. HOUSTON: That's all I have, Your Honor. CROSS EXAMINATION BY MR. WALWYN: Q Is it your indication that the lot size was too small for it to be used for anything else besides residential? I don't know that it is. I said that A No. if -- in my estimation, the only thing that lot would be usable for is residential, providing the lot size would suit. I don't know that it is or isn't for sure. Is it your testimony that it would not it Q could not be used as a gas station? Supposing that the 16 owner could get a variance. 17 A Well, I suppose it could with a variance. 18 It had been a gas station before, yes. With the proper 19 variances and so forth I suppose it could be used as a gas 20 21 station. Q Could it be applied for any other commercial 22 use if the variances were in place? 23 A Well, that would be strictly up to the 24 Borough of Carlisle. 25 Q Okay. When you noticed that there was 27 7t "-~ "j ~'" ~":'<:' ,-', II,';', o o 1 repairs to the roof, was that after the Redevelopment 2 Authority began it's condemnation proceedings? 3 A It was after what? 4 Q The Redevelopment Authority had begun it's 5 condemnation proceedings? 6 7 8 9 A Yes. It was after. MR. WALWYN: No further questions. THE COURT: You're excused. MR. HOUSTON: Peg Bower. 10 Whereupon, 11 PEGGY S. BOWER 12 having been duly sworn, testified as follows: 13 DIRECT EXAMINATION 14 BY MR. HOUSTON: 15 Q will you state your name for the record, 16 please? 17 18 19 20 21 A Q A Q A Peggy S. Bower. And your address? 9 Shea Court, Carlisle. And how are you employed? I'm the Finance Director at the 22 Redevelopment and Housing Authorities of Cumberland County. 23 Q And in that capacity is it your office that 24 makes payment on the invoices for real estate taxes for 25 properties owned by the Redevelopment Authority? 28 ~ ._f_ ~' l ~ " ,,-,II " ,~ " < 'L o . 1 2 3 4 5 6 7 8 A Yes. (Whereupon, Defendant's Exhibit No.6 was marked for identification.) BY MR. HOUSTON: Q I'm showing you what's been marked as Defendant's Exhibit 6, and we would ask if you can identify what that is, please? A This is a cash disbursement voucher, which 9 is generated out of my office at the Redevelopment 10 Authority for any payments made outside of the office. 11 Q Okay. Are there, in fact, two attached to 12 that exhibit? 13 A Yes. 14 Q Okay. Did your office, in fact, make a 15 payment of $195.25 for 2000/2001 school taxes for the 16 property at 174 West Penn Street? 17 A Yes. 18 Q And did your office make a payment to the 19 Cumberland County Tax Claim Bureau for payment of taxes 20 with respect to the property at 174 for 1999 County and 21 Borough taxes of $317.15, and 2000 -- or excuse me, yeah 22 and 2000 County and Borough taxes totaling $422.94? 23 A In combination, they were -- in total they 24 were $422.94. 25 Q Okay. Let's break those out. The 1999 29 OD iH- ,~ i,_ '-'='~ 1 2 3 4 5 6 ,','.1'< ,- 1:. o . County and Borough and 1999/2000 school taxes, would that have been $317.15? A Yes. Q And the 2000 County and Borough taxes -- THE COURT: Now, wait a minute. I've got So the 2000 -- well, let's do it again to be sure. 7 because you've got me -- let's try it again. 8 BY MR. HOUSTON: 9 10 $195.25? 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. We have the 2000/2001 school taxes of A Yes. Q Okay. And we have the 1999 County and Borough and 1999/2000 school taxes totaling $317.15? A Yes. Q And do we have the 2000 County and Borough taxes of $105.79? A Yes. Q Okay. And those were all taxes paid by the Redevelopment Authority subsequent to it's acquisition of this property? A Yes. MR. HOUSTON: That's all. THE COURT: Cross-examine. MR. WALWYN: I have no questions. THE COURT: You may step down. Leave the 30 g ) . Jl',_ ~-;-.:' , - .; l _ '. o . 1 exhibit, please. 2 MR. HOUSTON: No further testimony. 3 THE COURT: Do you move the admission of 4 all of your exhibits? 5 MR. HOUSTON: Yes. 6 THE COURT: They're admitted. 7 (Whereupon, Defendant's Exhibits 1 through 6 8 were admitted.) 9 MR. WALWYN: I have no questions for this 10 witness. 11 12 THE COURT: She's done. He's resting. MR. WALWYN: Oh, okay. I was thinking of 13 cross-examination of the witness. 14 MR. HOUSTON: Excuse me, Your Honor, may my 15 witnesses be excused? 16 17 18 19 20 21 THE COURT: All your witnesses are excused, sure. Whereupon, LINDORA JOHNSON having been duly sworn, testified as follows: DIRECT EXAMINATION 22 BY MR. WALWYN: 23 Q State your name, please, and your address. 24 A Lindora Johnson, 1416 Bradley Drive, H-212, 25 Carlisle, Pennsylvania. 31 p ;t'~'~ _'-. _ ili: ,-~- '^ ;"-1 /i -; ~';'_,i . o o 1 Q And you're the -- at least part owner of the 2 property at 174 West Penn Street. How are you involved in 3 this particular property? 4 A Prior to me marrying Walter Johnson, I was 5 co-owner of that property with O.C. Tyler, and we had a 6 verbal agreement, and then when this condemnation 7 proceeding started, O.C. tried to put it back -- my name 8 back on the title, but they had already -- the 9 Redevelopment Authority had already put the title in their 10 name. 11 Q Okay. So you are 12 MR. HOUSTON: Your Honor, I question -- if 13 this witness is going to testify as to value -- 14 THE COURT: Are you seeking to have her 15 testify as to value? 16 MR. WALWYN: Yes, Your Honor. 17 THE COURT: Okay. You've got to establish 18 firm for me what her status is. I'm not sure I understood 19 that. 20 MR. WALWYN: That's what I was asking. 21 THE COURT: Go ahead. 22 BY MR. WALWYN: 23 Q When was the last time you saw or spoke with 24 O.C. Tyler? 25 A Yesterday. He's sick. 32 33 . o -.... 'till 1 Q I understand. Will you tell the Court what 2 his problem is? Why he isn't here today? 3 A O.C. 's not here because he has prostate 4 cancer. He has a point 5-7. 5 Q I don't think we need that much detail. 6 THE COURT: Let me get this right. You 7 used to be married to O.C.? 8 THE WITNESS: Yes. We were just common 9 law, but I had my name, Lindora Coleman, was on the title 10 with O.C. Tyler. 11 THE COURT: Go ahead. 12 BY MR. WALWYN: 13 Q Your name used to be on the title as Lindora 14 Coleman? 15 A Correct. 16 Q When did your name get off the title? 17 A When I married Walter Johnson. 18 Q When was that? 19 A In -- I married Walter I think in '83, '84. 20 Somewhere like that. 21 THE COURT: In 19 what, ma'am? 22 THE WITNESS: 1984, somewhere like that; 84, 23 '85. 24 BY MR. WALWYN: 25 Q So your name wasn't on the deed? 33 ~4- " . 1 2 3 4 5 6 7 8 9 10 'IL~__, ~"'- ~ ',,,,1," 1'" o o A Q A Q My name was on the original deed. Your name was not on the deed in 1996, '97? No, it was not. Okay. MR. WALWYN: THE COURT: That's the best I could do. Well, I agree. She cannot testify as to value. 11 I have is 12 13 She's not an owner. MR. WALWYN: Okay. THE COURT: Any further questions? MR. WALWYN: Not of her, Your Honor. What THE COURT: Okay. You may step down. MR. WALWYN: I have her daughter, Your 14 Honor, who has the Power of Attorney of O.C. Tyler. 15 THE COURT: She has Power of Attorney. 16 MR. WALWYN: Of O.C. Tyler. 17 THE COURT: And you're seeking to call her 18 as -- for value? 19 20 21 Attorney? 22 23 24 25 know that. MR. WALWYN: Yes. THE COURT: What's the date of the Power of MR. WALWYN: Pardon? THE COURT: What's the date MR. WALWYN: I don't have a copy -- I don't She did send Mr. Christopher Gulotta, the 34 Sf ..........~ " ~ .""" , '" IL~, ;";",--', ',-, ,,,. i~ c' ", J '''; . ' ~ o o 1 Executive Director of the Redevelopment Authority back in 2 March 30 of 1999. I don't have -- 3 THE COURT: You don't have the Power of 4 Attorney with you? 5 6 7 8 9 10 MR. WALWYN: I don't have a copy. THE COURT: And she's the daughter of the owner? MR. WALWYN: She's the daughter of Ms. Johnson. THE COURT: I'm sorry. What's her 11 relationship to the owner, O.C. Tyler? 12 STEPDAUGHTER: Stepfather. 13 THE COURT: Pardon me? 14 STEPDAUGHTER: He raised me. Stepfather. 15 THE COURT: He's your stepfather. Okay. 16 You want to call her as to value. 17 MR. WALWYN: Yes. 18 THE COURT: What's your position on that? 19 MR. HOUSTON: Your Honor, the act says the 20 condemnee or an officer of the court of condemnee may 21 testify as to just compensation. I don't believe we have 22 the condemnee present here in court today, and, therefore, 23 I do not believe that she has the authority to testify as 24 to value. 25 THE COURT: I agree. 35 3~ ~" ,. . ~ 1 2 3 4 5 6 7 8 9 10 11 i" elL' ~ ' . '", 'T.,.,'" ^-'",'- ~'i o o MR. WALWYN: Well, she's -- if I could, Your Honor -- if I may, Your Honor, this lady has been receiving tax bills from the tax -- THE COURT: Well, she's not an owner. She may be paying them on behalf of her step-dad, but she's not an owner. I think you have to, in order to testify as to value, satisfy the requirements of the law, and I haven't heard it. So the offer is rejected. MR. WALWYN: Thank you, Your Honor. We have no further testimony. THE COURT: Okay. The record's closed. 12 Argument off the record. 13 (Whereupon, argument was held off the 14 record.) 15 (Whereupon, the proceedings concluded, and 16 the matter was taken under advisement.) 17 18 19 20 21 22 23 24 25 36 g'7 " - ..~',II '"', "c .. . .,- 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. fTMi7Ah 1/ ~ Michele A. Eline Official Court Reporter The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. ,- (/ 1/ iJ( O'L Date Edgar B. Bayl Ninth Judicial Di ict 37 08 ~ .. . .. "d'"" - - ~ ' ," ~ , ,~= ,;"'~ ~ cU 8" r;? t,,,,,.,~,J;1D \ < rl\1 )>,1_ UL r,;H\ ",:~ . . .'r"J,rr'" C'U'l.lj.;,t:~; ~\,\i0 'v'..J' l ~Il j'J\'i..'l.-1 \,----, J' ^ "'t-'.i'I\'SVI \liJ.N' 1"1 1"" 1'<" ii-'ll' ' o ,~ ,<,~~T ~ 'i ~~;",~,I!i",~,__ r,,,,,~mllm" J.~!~li,t;",,'IJI~~'ll"~"~i~J;i,~~ . '""" "",,~L <..,.,J:j~~!iB'~,~'1 ',~~ ~ ~ ,.. -~ - L . j ~ "~ " l..~-~. ,;~..: ' ~r"~ ~"~~ ''''-'''~",,,. .!;lro, -""1[" _..~" ~ o o IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF O. C. TYLER, O. C. TYLER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 00-8707 CIVIL TERM Plaintiff v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant RECEIPT AND ORDER TO SATISFY Receipt is acknowledged of the sum of One Thousand Six Hundred Forty-Seven and 95/100 Dollars ($1,647.95) representing the funds awarded to O. C. Tyler as a result of a Declaration of Taking filed by the Redevelopment Authority of the County of Cumberland against the property at 174 West Penn Street, Carlisle, Cumberland County, Pennsylvania. Said funds are due and owing to the Borough of Carlisle as a result of a municipal lien filed upon the aforesaid property in the Court of Common Pleas of Cumberland County at 1996-3681. Upon receipt of these funds, the lien at 1996-3681 shall be marked satisfied. The Borough of Carlisle shall also mark satisfied the municipal lien filed at 2001-5388 in the Court of Common Please of Cumberland County. This receipt shall be deemed a satisfaction of award of damages due to the Borough of Carlisle for all municipal claims assessed against the property. 81 Ji; > ,,, '-ii!' .... o o Date: .....3. JA/ - zao L BOROUGH OF CARLISLE Bye ?~~~~~ 9"C()cl-t J' h5h./W<.h ,&~ A:\174REC.WPD yr) . . '~r('t"'J J i ~ '-"] '~~ 1.D~_"'~~~~l!ii~~(i;-4i;w1i111k<~"'e.l<'1"M'%i-~~j_jJ:l&Il~M,.<.i...""''''''''--='.lii:1.iM1ilI~_-'~ ..C"^ .~, ~=_~__~ >=L_ ,~" '-'. ~!lillilff ~. jill:llM~__illU --"" I o .... C t--::r .' i'..} , C <, .,,,"'" r~/' u-- :~:~ .. , ~~, '-/ , ~ ;'0 , --;;:;;0. , ~Q -3" r",-~ , C) r:-::: :2: L i'l -1' ----- -:) {') ,-. ,-, ~ f (.-- /"';1 n J; '.--- ~ ~~j ~ ...----, ,:,,) "':0 ~:< ( ,:; =< ~ ,- ".-- ~Ij . , J; Among the Records and Proceedings enrolled 10 the court of Common Pleas in and for the to No. CUMBERLAND 179 MDA 2002 00-8707 CIVIL in the Commonwealth of Pennsylvania county of Term, 19 is contained the following: COPY OF C.OMPT.F.'I'F. DOCKET ENTRY REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY, CONDEMNOR v. O. C. TYLER, CONDEMNEE SEE ATTACHED CERTIFIED DOCKET ENTRIES. , .1' J_ 'lIIUs Commonwealth of Pennsylvania County of Cumberland 1 ss: Curtis R. Long I. , 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 Authority of Cumberland County Plaintiff. and In TESTIMONY WHEREOF. I have this 1st 0, C. Tyler Defendant _, as the same remains of record before the said Court at No, 00-8707 of Civil Term, A.D. 19_, hand and affixed the seal of said Court April A, D..~l)~, Kl~. /1y I, George E. Hoffer P sident Jud~e of the Judicial District, composed. of the County of Cumberland, do certify that Curt~s R. Long . 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 p per officer. Commonwealth of Pennsylvania County of Cumberland } ss: I. Curtis R. Long , 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. a!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 ~et my hand and affixed the seal of said Court this 1st day of April A.D, 1,002 . C 13y,/}iL-v...J. ~ .~..,~..'." ,,- w.nJ.dll>s~tr.",I".J , ~ .--'Ij, ".-.- ~ ~ ~",.,b~-",,_ Cumberland County Prothonotary's Office Civil Case Inquiry 2000-08707 REDEVELOPMENT AUTHORITY (vs) TYLER 0 C PYS510 Page 1 Reference No. . : Case Type.....: DECLARATION OF TAKING Judgment...... .00 JVdge Assigned: Dlsposed Desc. : ------------ Case Comments ------------- Filed. . . . . . .. : Time......... : Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: 12/20/2000 11 :05 0/00/0000 0/00/0000 179 MDA 2002 ******************************************************************************** General Index Attorney Info REDEVELOPMENT AUTHORITY OF CONDEMNOR HOUSTON CHRISTOPHER C COUNTY OF CUMBERLAND 114 NORTH HANOVER STREET CARLISLE PA 17013 TYLER 0 C CONDEMNEE ******************************************************************************** * Date Entries * ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 12/20/2000 V DECLARATION OF TAKING - 174 WEST PENN STREET CARLISLE PA I-tO 12/20/2000.,jMEMORANDUM-OF-FILING-OF-NOTIcE------------------------------[1----- ------------------------------------------------------------------- 12/29/2000 .,jSHERIFF' S RETURN FILED ,) Litigant.: TYLER 0 C C/O VICKIE COLEMAN I~ SERVED : 12/28/00 NOTICE OF CONDEMINATION DECL OF TAKING 2/oJ~;~,j~~~~:=:~iT~~~~7~/~~-~~iN~~~~~~~~~~~~~OZ~~~E?~E~~~~O~~E~~~~~~~~~~- AUTHORITY OF THE COUNTY OF CUMBERLAND THE COURT APPOINTS WILLIAM ~ ~ DUNCAN ESQ AND JAMES SHEYA ESQ ELMER RITTER ESQ AS A BOARD OF 1~~I1r VIEWERS TO ASSESS DAMAGES IN THE CONDEMNATION AND FURTHER ORDERED - BY THE COURT GEORGE E HOFFER PJ ------------------------------------------------------------------- 9/14/2001.,jREPORT OF VIEWERS WILLIAM A DUNCAN ESQ CHAIRMAN ELMER L RITTER AND JAMES P SHEYA JA.~' ~I ~:~~~~_~?~~~ _~~~~~~~~ _ _ _ u____ _____ _ _ _ _ _ n_ _ _ _ uu_ _ _ _ _ _ _ _ _ _ n _ _ __ 10/12/2001.vAPPEAL FROM DETERMINATION OF REPORT OF VIEWERS - BY MELVILLE G M l~;};loOl I~~~~ip~~~o~-~I~TI~~~~ASE-FOR-TRIAL-=-By-CHRISTOPHER-c-HOUSTON-ESQ- 1/ O~ 0 ~i v ~:E~~~~ - co~Ji~/-=6~ATE~~02~-~EMINENl(o~rNE - = - DAMAGES - IN- THE .AMOUNT OF $1647.95 ARE AWARDED TO OC TYLER AS A RESULT OF THE 1~,~>aJ DECLARATIO.N OF TAKING ON 12/12/01 OF 174 WEST PENN STREET CARLISLE ~2~,~2 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~i~~~~.~~~.~~~~~~~~~~~ 3n3/2002 v':'~~~~:~~ _ ~:~~~ _ = _ ~~ _ ~::~ _ ~?~~~ _ ~~~~~ _ ~ _ ~~~~~~ _ ~ _ ~=-_ -<6l _ _ _ _ __ 3/22/2002 ~ECEIPT AND ORDER TO SATISFY - BY STEVEN J FISHMAN ESQ FOR BOROUGH ?~-~~~~:~~~---e~~__~D_________________________________------------ 3/22/2002 PETITION OF THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND FOR WRIT OF POSSESSION - BY CHRISTOPHER C HOUSTON ESQ FOR DFET ..... -, - - ~. - - -.. - - - - - - - LAST ENTRY - - - - - - - - - - - - - - q I ,. !2::.11{}J...J-tfu"" 1S ******** *~~******fJ*~~tJ~****************************************************** * N I:lf)vl. Of( 'S Escrow Information * * Fees & Debit~ Beo 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 ,,~.,,""~'" ,~ ~~ ",Ii., , ,',- ~,~ ~ ~ ,,,,,,,,,'J,,;,.,,~; CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYL VANIA RULE OF 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 RAP. 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 CUMrnERLAND COUNTY CONDEMNOR v. O. C. TYLER, CONDEMNEE 00-8707 CIVIL TERM 179 MDA 2002 The documents comprising the record have been numbered from No.1 to 91 , 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 . ~tL&t:fJ-, Jane H. Sparling, Dpty. An additional co>>v of this certificate is enclosed. Please silm and date co>>v. therebv acknowledlrlnl!: recei>>t of this record. Date Signature & Title PYS510 Cumberland County Prothonotary's Civil Case Inquiry 2000-08707 REDEVELOPMENT AUTHORITY (vs) TYLER 0 C Reference No. . : Case Type.....: DECLARATION OF TAKING Judgment...... .00 JVdge Assigned: Dlsposed Desc. : ------------ Case Comments ------------- ,;:;;------- ~,' .... , +1 1,_" , ,..'<~..,I:': Office Page 1 Filed. . . . . . . . : Time......... : Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: 12/20/2000 11:05 0/00/0000 0/00/0000 179 MDA 2002 ******************************************************************************** General Index Attorney Info REDEVELOPMENT AUTHORITY OF COUNTY OF CUMBERLAND 114 NORTH HANOVER STREET CARLISLE PA 17013 TYLER 0 C CONDEMNOR HOUSTON CHRISTOPHER C CONDEMNEE ******************************************************************************** * Date Entries * ******************************************************************************** PAGE 00. 1 - 10 12/20/2000 11 12/20/2000 12 12/29/2000 15 - 28 2/05/2002 2/05/2001 13- 14 29 - 31 9/14/2001 32 - 37 10/12/2001 38 11/01/2001 39 10/24/2001 40 - 44 1/04/2002 45 - 4845 ~/4'lJ/2002 49 - 51 52 - 88 89 - 90 2/07/2002 3/13/2002 3/22/2002 3/22/2002 91 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - DECLARATION OF TAKING - 174 WEST PENN STREET CARLISLE PA ------------------------------------------------------------------- MEMORANDUM OF FILING OF NOTICE ------------------------------------------------------------------- SHERIFF'S RETURN FILED Litigant.: TYLER 0 C C/O VICKIE COLEMAN SERVED : 12/28/00 NOTICE OF CONDEMINATION. DECL OF TAKING Costs....: $31.10 Pd By: REDEVELOPMENT AUTH OF CUMB. CO 12/29/2000 ------------------------------------------------------------------- PETITION FOR APPOINTMENT OF BOARD OF VIEWERS - CHRISTOPHER C HOUSTON ESQ ATTY FOR REDEVELOPMENT AUTHORITY ------------------------'------------------------------------------- ORDER - DATED 2/5/01 - IN RE PETITION OF THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND THE COURT APPOINTS WILLIAM DUNCAN ESQ AND JAMES SHEYA ESQ ELMER RITTERESQ AS A BOARD OF VIEWERS TO ASSESS DAMAGES IN THE CONDEMNATION AND FURTHER ORDERED - BY THE COURT GEORGE E HOFFER PJ REPORT OF VIEWERS WILLIAM A DUNCAN ESQ CHAIRMAN ELMER L RITTER AND JAMES P SHEY!> BILLED COUNTY 10/01/01 ------------------------------------------------------------------- APPEAL FROM DETERMINATION OF REPORT OF VIEWERS - BY MELVILLE G M WALWYN ESQ - 0 C TYLER ------------------------------------------------------------------- ORDER OF COURT DATED 11/1/01 IN RE: APPEAL FROM DETERMINATION OF REPORT OF VIEWERS - A BENCH TRIAL WILL BE CONDUCED AT 3:00 PM WEDNESDAY 12/12/01 IN COURTROOM 2 CUMBERLAND CO COURTHOUSE CARLISLE PA - BY THE COURT - EDGAR B BAYLEY J COPIES MAILED 11/2/01 ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR TRIAL - BY CHRISTOPHER C HOUSTON ESQ FOR DEFT ------------------------------------------------------------------- ORDER OF COURT - DATED 1/4/02 - IN RE EMINENT DOMAINE - DAMAGES IN THE AMOUNT OF $1647.95 ARE AWARDED TO OC TYLER AS A RESULT OF THE DECLARATION OF TAKING ON 12/12/01 OF 174 WEST PENN STREET CARLISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 1/4/02 ------------------------------------------------------------------- NOTlCE OF APPEAL TO SUPERIOR COURT OF PA FROM THE OPINION AND ORDER ON 1/4/02 BY 0 C TYLER PRO SE ---------------------------------------------------------------- SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 179 MDA 2002 ------------------------------------------------------------------- TRANSCRIPT FILED - BY THE COURT EDGAR B BAYLEY J ------------------------------------------------------------------- RECEIPT AND ORDER TO SATISFY - BY STEVEN J FISHMAN ESQ FOR BOROUGH OF CARLISLE ------------------------------------------------------------------- PETITION OF THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND FOR WRIT OF POSSESSION - BY CHRISTOPHER C HOUSTON ESQ FOR DFET RrJ,eudrJ f nt C#-t /+,f{./:, Gkiki-ls 'li>_h'" ~~ illi- -. .,1; ~ " PYS510 Cumberland County Prothonotary's Office Civil Case Inquiry REDEVELOPMENT AUTHORITY (vs) TYLER 0 C Page 2 .1 '.'11 'I I -. ~ . 2000-08707 ....,. Reference No.. : Case Type.... .: DECLARATION OF TAKING Judgment...... .00 Judge Assigned: Disposed Desc. : ------------ Case Comments ------------- - - - - - - LAST ENTRY Filed. . . . . . . . : Time......... : Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: 12/20/2000 11:05 0/00/0000 0/00/0000 179 MDA 2002 -...... ******************************************************************************** * Escrow Information * * Fees & Debits Beq Bal Pvmts/Adi 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 ------------------------ ---------~-- 75.50 75.50 .00 ******************************************************************************** * End of Case Information * ******************************************************************************** ~~~ -. I! ~.~~" IN RE: CONDEMNATION IN THE SUPERIOR COURT OF PENNSYLVANIA .Jb DO- g7{J7 ~;I v. REDEVELOPMENT AUTHORITY OF THE COUNlY OF CUMBERLAND No. 179 MDA 2002 ORDER Upon consideration of appellee Redevelopment Authority of the County of Cumberland's March 8, 2002 "objection to jurisdiction," the instant appeal is TRANSFERRED to Commonwealth Court. Date: APR - 1 2002 Per Curiam TRUE COPY FROM RECORD Attest: A PR ~ ] 3QQ2 .. '-fJ~ 11.~ Chief Clerk - Superior Court of PA Middle District , iti~"'r itL'";"'"~ill'~JMl'_OOlft!t~]!i1ir"'''' 'yt~~h~~i~ji'~!i~~k." 1,' ~r-~ ~, .~, ~ ~,~ ~ ~ ,-~",""'~' <,,~ ^',", -~'"~,,~ <~ "~ , ~~IIiiir.lli'lli!tm1 '~ ,,,' ~~;-fuj ~ -0 I'l". -;;.- ~~(o~ :1""-:,--- --;''--"' .~,-, 0-' ~ ,,' ';:;"r--- c_:) !,'<v .,:.., _Pj -( ., '..1 'I I'.,:' C0 Il!i ;t"'~ , IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF O. C. TYLER O. C. TYLER, Plaintiff v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant ,,,II, ',1 ~~" ifu, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-8707 CIVIL TERM : EMINENT DOMAIN PROCEEDING 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 April 3, 2002, on the following: O. C. Tyler c/o Vickie Coleman 1416 Bradley Drive, H-212 Carlisle, PA 17013 Date: t.! lJ':t jJ"OO'\. . %H E' Chnstopher C. ouston, squire Attorney for Petitioner/Condemnor 114 North Hanover Street Carlisle, PA 17013 717-249-0789 ~w . . I ) I · Complelelt"fusi; 2, and 3. Also complete item 4 if Restricted Delivery is desired. 1 · Print your name and address on the reverse so that we can return the card to you. I · Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: ~ ..;,1 j o C TYLER C/O VICKIE COLEMAN 1416 BRADLEY DR - H-212 CARLISLIE PA 17013 3. SeMce Type UCertified Mall 0 Express Mall o Registered Cl Return Receipt for Merchandise o Insured Mail 0 C,Q,D. 4, Restricted Delivery'? (Extra Fee) 0 Yes PS Fonn 3811, July 1999 2. Article Number (Copy from selVice Jabel) 7099 3220 0009 5575 4030 Domestic Return Receipt 102595.00-M-0952 =~"' l. '.;,-;.- :';,,~J '''''h-'-'~~i!i<]j!f':ll\;!j.~*~..t!&:~~iIrt!iil'llil~''';1!1'iiiJM,;'*-"->-<idc',''",t.~!li~4;,BMi~r~f~'ilJliir'Si~~;'" ~~."~ .'" ~..,,'-~^~~"),~ -,.;- ,,,'", ~-~ ~.,_,._ ',M." , ~~M ^-"""Mill1l\l '"~ ,-","',- ~,",' o c:; ",- -o\'" n1f,;.., ~t;. / -. ~::~;. r/\~" ~:C' ~C;~ yC-, z :2. o r" ~ -;:J ~<, - _l :;l , " ," - ~ .. f;~ -~', ~ ':;i\3 ~? -- ;~~~\ <~t~7, S, 'F '::8 -- .- L . :.1"" ..~ IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF O. C. TYLER O. C. TYLER, Plaintiff v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant TO THE PROTHONOTARY: - ~~ ~;'~<%l:-'j ! : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA , : NO. 00-8707 CIVIL TERM : EMINENT DOMAIN PROCEEDING PRAECIPE Issue Writ of Possession in the above matter to the Redevelopment Authority of the County of Cumberland for the property located at 174 West Penn Street, Carlisle, Cumberland County, Pennsylvania. Date:-=t/1.(f'J.., ~ Christopher C. Houston, Esquire Attorney for PetitionerlDefendant 114 North Hanover Street Carlisle, PA 17013 717-249-0789 lit'" - -,,,j '""'''''lblt\$4'!~~~liliililm_~~''#;b~j-,<<t'31''''''*I-,0'WS:ljl~~~i1f--~.,j''''''-~'''-~'';'--&lilll;tiiijjilfl"'~-''' ,- ~ t ~ ~ ,[ t t .... "'\..0 t' r -,~"' '... "",,~. ._ .~,~ ~ _""'", -._,<. ~_ ,<_,,,,,,_~s.,~,,.." ~,_ ~ -", , ~ -c:. '0 >v ~ i ~ ~ "J ~' -" "'- fA , \ ~ ~ ~ ~\ ~ .,' o c ",. "'1:)6~ mrTi -7--.'-, ;~ >c ~ ~~"'~-- .~,"'"' '",. bl o f"'0 () -n ::;:1 'i~;g . -~-! j",j ~,:'J'"..j '-, I r~~~ 01'"n 0-1 .;1> :;Q -< ~ ~~r} ::0 N CJl -u :x: (;'1 ~, .. ' "."1 ;''1' -'.- .' ,,- - "'i-,10. -', -" ; "L~d'" ,_ "_:,,;, ',f". ~,' '~' -,;" IN RE; CONDEMNATION BY THE IN THE COURT OF COMMON PLEAS OF REDEVELOPMENT AUTHORITY CUMBERLAND COUNTY, PA OF THE COUNTY OF CUMBERLAND NO.00-8707 CIVIL TERM OF THE PREMISES KNOWN AND NUMBERED AS 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF O.C. TYLER EMINENT DOMAIN PROCEEDING O.C. TYLER PLAINTIFF V REDEVELOPMENT AUTHORTY OF THE COUNTY OF CUMBERLAND, DEFENDANT . If nS vJe ,..-/-0 <<<<I 0 : AND NOW. This 10th day of April, 2002, on consideration to show cause why a writ of possession should not be issued. Pursuant to the foregoing Order No. 179 MDA 2002 instant appeal as well as issues about the taken of Eminent Domain proceeding. And the ownership of said property being known as 174 West Penn Street Sincerely Submitted, o e --ryue!' O.C. TyM . ""j,.;' .: iII.Mil_~kit _1J~~l!i _ r,;!\!"l::{Ii~llifllii!l!l'UJP"'~ <'- , ~-'T". .,,~< ~"_ ," ~,~"W_, ,'~ < ,. ~^ 'r~n:<t'u j:f~'- li~~~,~'- -~~ .. " ~~. ""'W",,,.,-,,-,..-<~ MiIi'~r,~i1iIl~ .~: .. ..LiTh ,,' ~ ,~ o \'''' P" '"tJ ::r.l '" U. o c s;: -oOJ rl}'n'\ Z, :rJ bit:. -<C.:-;: C"'C ~ " j7C' Z ,"'~ ;;--(.-f ")? t- .;;::, :::2. '. . ~,.,'," H... L' o -n Ti <,(l csrn .-, .= 5:1 ;;<:. "P" :$ .- .- l:" CP Jlr. . [ .,-,'--~~< .Ir. -1:"'" . I ) "i~',.,' .. IN RE; CONDEMNATION BY THE IN THE COURT OF COMMON PLEAS OF REDEVELOPMENT AUTHORITY CUMBERLAND COUNTY, PA OF THE COUNTY OF CUMBERLAND NO.00-8707 CIVIL TERM OF THE PREMISES KNOWN AND NUMBERED AS 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF O.C. TYLER EMINENT DOMAIN PROCEEDING O.C. TYLER PLAINTIFF V REDEVELOPMENT AUTHORTY OF THE COUNTY OF CUMBERLAND, DEFENDANT AND NOW. This 10th day of April, 2002, on consideration to show cause why a writ of possession should not be issued. Pursuant to the foregoing Order No. 179 MDA 2002 instant appeal as well as issues about the taken of Eminent Domain proceeding. And the ownership of said property being known as 174 West Penn Street Sincerely Submitted, ~.~ 'llerrr Illl'l # .: (i ,'; (' ; i I '! i.i '1,1 J ,!,' i ~ " ,; .". ': ~ ~ ': " ~ "., ~ I, ~ ~ ~! " " ~ ' ~\\\\\\': , . J Q - \' +7- lYJ~ ~ \. l0J~ v) 1\ \: J It :J t: -Sa . \),) VI tl... - - \.. \ -- .... u 0 ~ ()\n~ ~trf;--;;'2%~'t~ill~YJ;:>,f;~":),'~"i.~YliB.~1-~Pi~y;mli1~t];1'b1f;;?'i2~;;r~~iI/a. ~ o .:>- ~ ~:t ri~ ,~ ~-F ~ ~ ~)~ :t) \}J ~ ~ C'\~ ~ ~ ~ ">l- ~,... -" cv ~ ~ c: ~' -l <;;:J -...... .J ...G ~ . Co:? f-l i =r: ~ -cJ ~ N) ~ \'- ......... .-1 - "- -- - -- - - . - - ::E . . ::::i ~ fl'f . ' tl) .-: .... ;1 f~i ~' .,/,..t (;J ". ,," ',"1 I Ii I I: "'--if;J;~i'f~Xflb0[tg~'[;j1~jij,~4t~;~$g~:{\t~I~-ff.lPi.;:;r;t~ ~"'O;>~ ~. _"'"'~~ JL" .." ~--.J 1_ _ '.0 ~.;' IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF 0, C, TYLER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-8707 CIVIL TERM :EMINENT DOMAIN PROCEEDING O. C, TYLER, Plaintiff v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant ~E AND NOW, this -z.1 day of . . , 2002, on consideration of the Petition of Redevelopment Authority of the County of Cumberland, a Rule is granted upon 0, C. Tyler to show cause why a Writ of Possession should not issue, Pursuant to 26 P,S. 1-407(a), this Rule returnable~?\f.~~s after service upon Condemnee. ./- Bye Court, J, - rr. 1!l!I'!"If_ ~I,_1\lj_,IJ.. ~, ~. '" " = ,".. t," " FE::.(:\ ~,-~' , iUTAiY I ~") : 1 '). '~'Q ,J. ~,<.... -'*-..' - "."o>~_",'.c~' "''-',~)'''''''''~"~'''"'>''h"''"'' ",-~- 111-' <d \!" ~~ '~ fJ 4 '" , '" ~ ""t,~~,~~,-~";<litWJ.NJEi'i""!*"'~fi';;~'-'nO"1-t!f"F:"~'~"'""'''''~~~'ii~~1,-1<~lW1~"',@"f;'iMI!;H~iqi)1,?,~ _' ,::\,," " '.' ~CUNTY ,~>\{~'J/\N;A -"='11111l_~ , ,I; -" - ,~., "L IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF 0, C. TYLER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-8707 CIVIL TERM :EMINENT DOMAIN PROCEEDING O. C. TYLER, 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 the 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 December 20,2000, at the above-captioned term and number. 2 Included in the Declaration of Taking was property owned by 0, C, Tyler ("Condemnee") located at 174 West Penn Street, Carlisle, Cumberland, Pennsylvania ("Property"). ~ IL - - , ..... ~" .~"M~, 3 By Order of Court dated January 4, 2002, after a bench trial before The Honorable Edgar B. Bayley, the Court ordered that as a result of the Declaration of Taking that damages in the amount of One Thousand Six Hundred Forty-Seven and 95/100 Dollars ($1,647,95) were awarded to Condemnee, 4 Pursuant to 26 P.S. 1-407, Condemnor is entitled to possession upon payment to Condemnee of just compensation "as estimated by the condemnor.". 5 Pursuant to 26 P,S. 1-521, it is the obligation of the Condemnor to properly distribute damages first, in the order of priority, to all liens for taxes, municipal claims, etc. recorded against the property for which damages are payable and existing as ofthe date ofthe filing of the Declaration of Taking. 6 As of the date of the filing ofthe Declaration ofTaking, there was existing, as a lien against the Property, a municipal lien filed by the Borough of Carlisle on July. 3, 1996, at 1996- 3681 in the amount of Three Thousand Eight Hundred Forty-Five and 85/100 Dollars ($3,845,85), which sum exceeds the sum due to Condemnee in these proceedings. 7 In accordance with 26 P.S. 1-521, payment has been made to the Borough of Carlisle, as evidenced by the receipt and order to satisfy, ~ c;opy of which is attached hereto and 0_<" ''-h"'~, Ii. " .,Ii- ~ ., . "1::-. marked as Exhibit "A", 8 By letter dated January 14, 2002, Condemnor requested confirmation from trial counsel for Condemnee, as to Condemnor's right to immediate possession of the property upon proof of payment of the amount due and owing to the Borough of Carlisle, which amount exceeded the damages awarded in this case, A copy of said letter is attached hereto as Exhibit "8", 9 Trial counsel for Condemnee had advised Condemnor that Condemnee was not in agreement with giving Condemnor possession and that he would no longer be representing Condemnee, 10 Condemnee filed pro se a Notice of Appeal on or about January 31, 2002, appealing the Order of Court of January 4, 2002 to the Superior Court of Pennsylvania. 11 The appeal to the Superior Court does not act as a supersedeas to these proceedings seeking a writ of possession. 12 Condemnor is entitled to possession of the property, ~, ,~'U. -,. . ,,;,IJ . ~ ~ ; '. -"" WHEREFORE, Condemnor, Redevelopment Authority of the County of Cumberland, requests that this Court grant a Rule upon 0, C, Tyler to show cause why a Writ of Possession shall not issue. ~m",ed Christopher C. Houston, Esquire Attorney for CondemnorlDefendant 114 North Hanover Street Carlisle, PA 17013 717-249-0789 A:1174PETWPD Ii. i.,,--;i _'l-{ ,. , _' 11&:", IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF O. C. TYLER, O. C. TYLER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 00-8707 CIVIL TERM Plaintiff v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant RECEIPT AND ORDER TO SATISFY Receipt is acknowledged of the sum of One Thousand Six Hundred Forty-Seven and 95/100 Dollars ($1,647,95) representing the funds awarded to O. C. Tyler as a result of a Declaration of Taking filed by the Redevelopment Authority of the County of Cumberland against the property at 174 West Penn Street, Carlisle, Cumberland County, Pennsylvania. Said funds are due and owing to the Borough of Carlisle as a result of a municipal lien filed upon the aforesaid property in the Court of Common Pleas of Cumberland County at 1996-3681. Upon receipt of these funds, the lien at 1996-3681 shall be marked satisfied. The Borough of Carlisle shall also mark satisfied the municipal lien filed at 2001-5388 in the Court of Common Please of Cumberland County. This receipt shall be deemed a satisfaction of award of damages due to the Borough of Carlisle for all municipal claims assessed agaim'it the property. EXHIBIT "A" , .".-<:-1 " BOROUGH OF CARLISLE Date: oJ - Ji.J - Zoo L A:\174REC.WPD c By ?~~~~~ >M~"' ~ --"__~~_ j' >'v . i, ~' ~~ '~ ~ REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND . Housing Development. Housing Rehabilitation. . Housing Management. Homeownership Programs. . Downtown Revitalization . Public Flwllity Improvements . . Economic Development. January 14, 2002 Melville G. M. Walwyn, Esquire P. O. Box 1083 Harrisburg, PA 17108 F r' ~~. ~~ RE: 174 West Penn Street, Carlisle Dear Mel: In regard to the above-referenced property, please be advised that there existed as of the date of the filing of the Declaration of Taking a municipal lien in favor of the Borough of Carlisle. in the amount of $3,845.85, which was filed on July 3, 1996, at 1996-3681. Pursuant to 26 P.S. 1-521, it is the obligation of the Condemnor to properly distribute damages with priority payment to be made for liens of record against the property existing as of the date of the filing of the Declaration of Taking. In that the sum of $1,647.95, which is the total award of damages in this case, is less than the amount of the lien of record, the entire amount of the damage award is payable to the Borough of Carlisle. We shall be making payment to the Borough. Once I receive a receipt from the Borough of Carlisle for the payment of the damage award to them, I shall forward a copy of same to you. Upon payment of the damage award to the Borough of Carlisle, the Redevelopment Authority is entitled to possession. I am requesting that you confirm in writing to me, as counsel for Mr. Tyler, the fact that we are entitled to possession upon proof of payment of the amount owed to the Borough. I would ask that you confirm this understanding by Friday, January 18. If I have not received a confirmation of my understanding by that date, we shall assume that Mr. Tyler is not agreeing with giving us possession upon proof of payment of the damage award to the Borough. This would then cause us to file a Petition with the Court for a Rule to Show Cause why a Writ of Possession should not issue. Very truly yours, Christopher C. Houston, Esquire Director of Real Estate Development kb cc: Christopher Gulotta F:\HOUSTON\2JAN 14, WPD SERVING CUMBERLAND COUNTY SINCE 1975 114 N. HANOVER ST. - STE. 104 . CARLISLE PA 17013-2445 TelephonelfDY (717 ' E-mail: admin@cchra.com EXHIBIT "B" '"""" ","ili . p , . 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 ~ U~ Christ pher Gulotta Executive Director ,1.'J~_ . . IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF 0, C. TYLER 0, C. TYLER, Plaintiff v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant ,11", ,.' ,- .,.. -,' ~~"",,, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 00-8707 CIVIL TERM :EMINENT DOMAIN PROCEEDING CERTIFICATE OF SERVICE I, Christopher C. Houston, Esquire, hereby certify that on this date I served the forgoing Petition of the Redevelopment Authority of the County of Cumberland for Writ of possession by first class mail, postage prepaid, on the following: O.C. Tyler c/o Vickie Coleman 1416 Bradley Drive #H-212 Carlisle, PA 17013 Date: '3 ) ~~o~ ~- Christopher C, Houston, Esquire Attorney for Condemnor/Defendant 114 North Hanover Street Carlisle, PA 17013 717 -249-0789 'J,itl~7""'*:l:tlWl-.tl"",j!;>;\f~H~<!ffi!;.i"'~~l1i"-l!:W"""1-.""':;dJ!h"j;@";@",!'.!",~,;m);'&-iiWli~~~~_~~!1i~ti'" ~L -,- ,'""'.- P. ", ~,,~ ~~" - ~, -""",, ll<i&:il h~ukf.t~ -0 I~~~j <.. Z (F' , -.c:- r:: I: ,J~> , '~~ ~ (- '. ::'-"'C' . ," '" "" "'-) f"_' :"'" \..,,-~ / ~:~I ~< -r::,: ~I,; . '- " ~ J."""~~"Jj~. IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF O. C. TYLER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-8707 CIVIL TERM : EMINENT DOMAIN PROCEEDING O. C. TYLER, Plaintiff v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant ORDER OF COURT AND NOW, this ~ day of April, 2002, on consideration of a Petition of the Redevelopment Authority of the County of Cumberland for Writ of Possession and a 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 174 West Penn Street, Carlisle, Cumberland County, Pennsylvania, against O. C. Tyler, Condemnee. C~ ~ otj-9.3.!t ~5 -to: 0, C ~\ e(<. D--Kj- . [tOu>toJ / By the CQurt, / J. \f;N\/l;:,\s\;~,r~r4 I '~'I""'" ,,:~, :,;;=,. '~J J\..l..'! I'. !,) ,',' ,,-'" ',,,,!/\;I 1 .. .- - ",' '___"--:"1 I ~ ') - "I - '. " 'J -''C II :"1 ~;,~ /".' ~',..-'\ '>lj' 1 ' j ; '" l...,..... '-o.;'-...J '~, / ''''n-.....''.. NJ'Il.,.)!'.;:....i,~i. ~~, !L ~'J :JJl:I::1Q-{}jl:l lII' ~ - IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF O. C. TYLER O. C. TYLER, Plaintiff v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant _ .:.IJ - ,< : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-8707 CIVIL TERM : EMINENT DOMAIN PROCEEDING PETITION TO MAKE RULE ABSOLUTE The Petitioner, Redevelopment Authority of the County of Cumberland ("Condemnor"), represents: 1 Upon a Petition by the Redevelopment Authority of the County of Cumberland for a Writ of Possession, a Rule was issued on March 27, 2002, to show cause why a Writ of Possession should not issue with said Rule to be returnable ten (10) days after service upon Condemnee. 2 Attached hereto and marked as Exhibit "A" is an Affidavit of Service of said Rule upon Condemnee. . ~ "- ~ ',," ~ ~ ~IJ ., 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 174 West Penn Street, Carlisle, Cumberland County, Pennsylvania, in favor of Condemnor. Christopher . Houston, Esquire Attorney for Petitioner/Condemnor 114 North Hanover Street Carlisle, PA 17013 717-249-0789 F:\HOUSTONITYLERPET .WPO IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF O. C. TYLER O. C. TYLER, Plaintiff v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant _",II -, -.", ,. , : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-8707 CIVIL TERM : EMINENT DOMAIN PROCEEDING 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 April 3, 2002, on the following: O. C. Tyler c/o Vickie Coleman 1416 Bradley Drive, H-212 Carlisle, PA 17013 Date: c.;(n f)bJ~ , J c&::... E",";" Attorney for Petitioner/Condemnor 114 North Hanover Street Carlisle, PA 17013 717-249-0789 EXHIBIT "A" ...1' ---" , , . 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. . Attach this card to the back of the mall piece, or on the front if space permits. 1. Article Addressed to: I I jl 2. Article Number (Copy from service label) 7099 3220 0009 5575 4030 o C TYLER C/O VICKIE COLEMAN 1416 BRADLEY DR - H-212 CARLISLIE PA 17013 PS Form 3811, July 1999 Agent D Addressee DYes D No 3. Service Type )fJCertffied Mail D Express Mail CI Registered [J Return Receipt for Merchandise D Insured Mall D C.O,D. 4. Restricted Delivery? (Extra Fee) Dyes Domestic Return Receipt 102S9S-OO-M.0952 . ~-, - ", ,- ,~ -"'Ii! '"",.,~. ~" .II - _c - '-", 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 CUMBERLAND COUNTY BY~~ Christopher Gulotta Executive Director 1ruU' II '~1 ",;,,: IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 174 WEST PENN STREET, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF O. C. TYLER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-8707 CIVIL TERM : EMINENT DOMAIN PROCEEDING O. C. TYLER, Plaintiff v REDEVElOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant 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: O. C. Tyler c/o Vickie Coleman 1416 Bradley Drive, H-212 Carlisle, PA 17013 Date: 'i/n/~O{) ~ I J ~E Christopher C. Houston, squire Attorney for Petitioner/Condemnor 114 North Hanover Street Carlisle, PA 17013 717-249-0789 ~ W~,-~ ,"'. IjiM!tiiril\'lIititi!ilj!MliRml~ljtll!<liiim.wi-g,"'<i-"illI':}li,'@!~,;..jj.fq,M,~~M,;,Wf~~~~- l,E,(__:,,<~ >,~",~\L<-, '\~t)1rQl~'~__.c L-_~ J.. _ :,t~l" ",-".J.! ,J) ~,~" '~'- 7:', - '-,'-0- e"' '~II:itiiii;*-,......,;.,~ ij;;j W_:W~ 'i~~-""'~'~'j 'rrrlilt ~\ .. -"' ~\ \., ..(; <J ,- ~\ c: - d- r' <> ,~ ,". ~ ,,' ' " , ' - (") a () C N .1 c: i~ > ::;J \)1-'" ITlf;::; -0 l :::0 :=::,-:; --n L:;~,i ' -r'::-~ zc' ~~~8 0~:' -.J '-\, eC~:l ~.) ~:1C;) ,- ~C) ::;;;: ~!~€ ~ ~~~~ ~'? >;:;-rn l,._/ 2: "... ~ :p, -j -1) ~- -< t "--,, ;.' ~ Y11 -iFil --'= ;~ ., ,->' /'7il , ,. ,pi >- ~ ~ ,.., <D '" '" :E Of-' =- ~:;;: >- <D f-' ~ (l ~ f-'.z 0 '1:i [Il 0 ,.., f-'ti " {:J rort <D <D . =- '< ,.., 0' '" 'd:I: a ?' ~ ,.., "0 ~ f-'~ '" C" -.Jro 5' <D oti ~ '" f-' ~ <D W[Jl ,.., rt ~ '" <: ~ ~ <D ~ ro rt en "0 "0 >- =- ,.., :::; 0 ~ <D ~. ,.., ~ ~ ':" S:i '" ~ f-'ClO (""l... ...". >-'I ':H"~ Z f-'O ffias=.., '" n <. o~l;I:i= OJ f-'. tiCl.::! orol"ll"l ~:;; ~P:f-' sb'::C(""l f-'roro 4'g t: g ?:'::c .!:8 0 ti (""l'" 00 o ~ Z::c .. .., ti~ t-n rt 1:1 .., ~o f-'. O:l> (""l 0 n w"'l <: OJ ~~g"'l ro ::l 0 '""''':I <: '" ~o :I: '" 2' 5" z (""l ~ '?CJJ I '" titi..,O WCJJ N f-' f-'. -< s= '""'l"l f-' ~CJJ N S:?:;' s= tJlCJJ l"l- 0 ol"lo ..,0 ~ t-nzz 0z z":l f-'. CJJt'" [Il -<l"l f-' ~> ro >CJJ 'd ZO OJ -"'l . > -{;,17 W -EA- -EA- ~ f-' . o o' f-' -.J By virtue of this writ, on the 10th day of ~ May 2002 I caused the within named Redevelopment Authority of Cumberland County have possession of the premises described w*IPN~qrpun~lQ9,C~XXXX 174 Wes t Penn Street, Carlisle, PA 17013 " ~', ,1-- ,., ~ 9i"iJ <=jj=iJ = ~ m z Z ? 0 o o I 00 -.J o -.J o f-'. <: f-'. f-' (;3 (;3 ,.., ,.., .p a , to Refu~~~\to Atty on 5/13/02 ,., '\"\\\ . \',\IJ oJ l~',"". ...~t1~"\" o..u~~'\.\1 '''~^.L...)0(1.1c ~/ " U>- ]1.(./)3 lirV Ie,..., P.s'},J Sheriff's Costs: Du\...kcL';'uo $ Poundage Prothonotary M.i.la<;;e Levy 18.00 .84 1.00 3.45 20.00 43.29 Advance Costs: 150.00 Sher~ff's COSts 43.29 106.71 Sworn and subscribed to before me this /'1 ~ day of ~ ;J.btJ.LJ , Q .-- '''L_Q~ ~ I . Prothonotary By '~". '~ilJ& --'C'--"-'~'"'Ji''''~'';'';i~''''~~''''''':~ ~~"..--'1 . ~ " ~"-"" iI;;:* - WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.) Redevelounent Authoritv of The County Of Cumberland 114 North Hanover Street r~rliQ1Q p~ 1701i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA rivil Term Condemnor Term vs. Costs O. C. Tvler c/o Vickie Coleman 1416 Bradley Drive - H-212 r~rli~lp p~ 17011 Condemnee Att'y. Pl'ff (s) Prothy, $ 76.60 $ $ nn COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of rnmhPT1,mll 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: RA<1f'vf'lopnf'nt Allthority of the County of Cunberland Plaintiff (s) being: (Premises as follows): 174 West Penn Street, Carlisle, Pa. 17013 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell hislher (or their) interest therein. Curtis R. Lonq Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania (SEAL) By: q"'i" () ~ Date ApTi 1 77 700/ Deputy -,~ ~ ..- ~" - .IJ ." ~\i' -.""- 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 174 West Penn Street, Carlisle, Cumberland County, Pennsylvania, being the Property of O.c. Tyler O.c. Tyler, 4 00- ~t07 ~ Appellant v. Redevelopment Authority of the County of Cumberland NO. 1161 C.D. 2002 PER CURIAM 0 ROE R 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 argued in appellant's brief were waived when no preliminary objections were filed to the Declaration of Taking and cannot be considered on appeal from the ruling of the Board of View, the application is granted. The appeal is dismissed. _. '__n'_n:;;:=....' 1:Irahd frOm th&RWUlu , SEP - 6 2002 and 0RAer Ellit ~, '~",I """i" i ',' I ~'l '0<'-'~t.\hj i 1: r' ~: f I , , I t I i' , ~ t t i' L ^ ',_~",~:)~,.,,~ 'L:.mr !lU_ -~Uil!~~ J~ - "r. :::L!~~ll",\!&'Q&':i~"'i'Ii%;1~~--.j;' ";;,,......,;.; '"' ......:,."j"O' -=,' " ^ d,,'- 'c _'<,_" ,,"~ ,,_~, _,<_ "", ,_ , ,~ ,~ " o c ~ -ocr; mr" Z::o 2["" (n~~ '<,." r::; ,~~, ~, ~G ?-oCi j;~~ ~ ~.. ~ C i~') ';.1) rT1 -0 I ,J:) "0 ~.. ","',""--' , o 11 :"''1 ....J -n ~ ....'in ,1~ c..~jn -" ?P '< ~r::'