Loading...
HomeMy WebLinkAbout01-05017 IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF EMMA W. TOTH, a/k/a EMMA C. WENTZEL, and FRANK TOTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- S^~~ ~ CIVIL TERM EMINENT DOMAIN PROCEEDING AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss Christopher C. Houston, being duly sworn according to law, deposes and says that he served a Notice of Condemnation, a tru~and Corr ct copy which is attached hereto, by certified mail to Frank Toth, on the ~_ day of , 2001, as evidenced by the attached return receipt. Christopher C. Houston, Esquire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Sworn and subscri ed to befor me, this day ofx~~, 2001. ~• tary Public Carlisle, PA 17013 717-249-0789 MOTAibAL SEAL, A:\66AffSer.wpd KgRErI F. StlEgB, NOTARY PLISLIC CARLISLE SWiO, OD., ~'A Nv coeaemgoN Exr+s~ES re~N ra ~ .~ ^- Complete items 1, 2, and 3. Also complete Rem 4 'rf Restrictetl 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 mailpiece, or on the front R space permRs. 1. Article Addressed to: MR FRANK TOTH ONE EAST BURD ST SHIPPENSBURC PA 17257 A. Received by (Please Print Clearly) ~ B. Date of Delivery C. X nY adtlress different from Rem 17 ^ Yes enter delivery atldress below: $$No 3: 5ervlce Type - .^~ - - . LEI CeBdied Mail - ~ GiYpress Mail - ^ Registered ^ Re;urn Receipt fpr McYChandise - - ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Ex6a Fee) 7I$ Yes 2. Article Number (Copyrromservicelabel) 7099 3220 0009 5575 0759 PS Form 3811, July 1999 Domestic Return Receipt 70259500-M-0952 UNITED STATES POSTAL SERVI OVRG ~ ^ f-61ass.pE~~I r~M ~~ _ PSpa~~ es~ald a ~ e G-14-~~- • Sender: Please print ~ofit~tfe, address,aRd-~If CHRISTOPHER C HOUSTON ESQUIRE DIRECTOR OF REAL ESTATE DEVELOPMENT REDEVELOPMENT AUTHORITY OF CUMBRLAND COUNTY 114 N HANOVER ST - CARLISLE PA 17013 ~e I,„IH,,,iil,,,N,Ii„Ii,Nl,i,i„1,11,,,,11,,,,Il,i„I1„I,i IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONDEMNATION BY THE REDEVELOPMENT AUTHORITY : NO. 01- SOU j CIVIL TERM OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND :EMINENT DOMAIN PROCEEDING NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF EMW1A W. TOTH, a/k/a EMMA C. WENTZEL, and FRANK TOTH NOTICE OF CONDEMNATION In accordance with Section 405 of the eminent Domain Code of 1964, 26 P.S. 1-405, the Redevelopment Authority of the County of Cumberland notifies you that: A Declaration of Taking, a copy of which is attached as Exhibit "A," was filed on the ~~'"'day of ~ u~, 2001, in the Court of Common Pleas of Cumberland County, at the above-named term and number. 2. Your property has been condemned by the Redevelopment Authority of the county of Cumberland pursuant to the provisions of 35 P.S. 1712.1 for blighted property removal. Identification of your property appears on Exhibit "B" on the Declaration of Taking. If you wish to challenge the power or right of the Redevelopment Authority of the County of Cumberland to appropriate the condemned property, the sufficiency of the security, the procedure followed by the Condemnor, or the Declaration of Taking, you are required to file Preliminary Objections within thirty (30) days after being served with this notice. -- C ristopher C. ouston, Esquire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 A:\66NOtCon.wpd IN RE: CONDEMNATION 8Y THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF EMMA W. TOTH, a/k/a EMMA C. WENTZEL, and FRANK TOTH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- ~[ji ~ CIVIL TERM EMINENT DOMAIN PROCEEDING in Tessifr;y vri~r~4, I due u~ ~ ~y ii~~c and the sal ~ std fir! a# ice. Pa. Ttt' may ~ ~C3D ] P _ Prothonofa 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: 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 June 8, 2000, certified the premises hereinafter described (hereinafter the "Premises") to Condemnor as a blighted property. 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 July 12, 2000, the Borough of Shippensburg 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 re-use, is not inconsistent with the Comprehensive Plan of the County of Cumberland nor the Borough of Shippensburg. 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 8`" day of June, 2001. 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 Condemner 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." ATTEST: ~, ' ~ ' - =--- - ~~ ~~ L Secretary REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND ;Jimmie C. George %T Chairman - ~'~ , Christopher CI. Houston, Esquire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 A968DecTkg.wpd 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 Christopher Culotta ' Executive Director RESOLUTION AUTHORIZING THE FILING OF A DECLARATION OF TAKING AND ALL NECESSARY AGTION FOR THE ACQUISITION THEREOF OF THE PREMISES LOCATED AT 88 EAST KING STREET SHIPPENSBURG, 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 68 East King Street, Shippensburg. Cumberland County, Pennsylvania, (hereinafter the "Premises"); and WHEREAS, the Board had determined that the Premises was vacant and exhibited one or more of the conditions of a blighted property as set forth in Ordinance No. 99-1; and WHEREAS, the Board adapted a Blight Determination Resolution No. 2000-6 determining that the Premises is blighted; and WHEREAS, the property owner of the Premises, Emma W. Toth. al'~la Emma C. Wentzel and Frank Toth (hereinafter the "Owners"), had been served with the Blight Determination Resolution No. 2000-6 and notified of their right to appeal the determination or provide a rehabilitation plan; and WHEREAS. the Owner did not file an appeal nor did they file a rehabilitation plan; and WHEREAS; the Board adopted a Second Resolution No. 2000-9 certifying the Premises to the Redevelopment Authority of the County of Cumberland as blighted; and WHEREAS; in accordance with the provisions of the Urban Redevelopment Law and the Rules and Regulations of the Board, a report on the Premises was transmitted to the Planning Commission of the County of Cumberland and the Planing Commission of the Borough of Shippensburg 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 be to use the Premises for residential purposes; and WHEREAS, the Borough of Shippensburg Planning Commission determined on July 12, 2000, that the Premises is a blighted property and did concur with the recommended re- use of the Premises, as aforesaid; and EXHIBIT "A" 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 68 East King Street; Shippensburg, Cumberland County, Pennsylvania. as a blighted property and does further select and appropriate for acquisition and dispositior, in accordance with law the Premises. which are more fully described: ALL THAT CERTAIN lot of ground with two-story stone dwelling house and two-car garage thereon erected, known as No. 68 East King Street, situate at the Southwest corner of King and Penn Streets. Borough of Shippenscurg, Cumberland County, Pennsylvania, bounded and described as follows. On the North by King Street; on the East by Penn Street; on the South by mproved lot formerly of Margaret S. Berry, now or formerly of Glenn Et:e~. formerly a part of this lot: and on the West by improved lot formerly c=John Hosfeld Estate; now or formerly of G. Leonard Fogelsonger: extendinc n front along King Street from the Penn Street curb. forty-one and one-half ~1-1 /2) fee± to the fine of the said G. Leonard Fogelsonger property. and extending from the King Street curb Southwardly one hundred eleven (1' ?)feet to the line which is now the Southerly side of the concrete garage wa ' on these premises, along which Southerly line this line abuts to a width of =orty-two (42) feet. RESOLVED that :ne 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 cond as may be necessary or desirable, to carry out the purpose of this resolution. RESOLVED the; :~e institution of such proceedings, and any damages which may be agreed upon or a;~arded to any party in interest shall be paid out of the funds of the Redevelopment ~.,:thority. ATTEST Secretary Date: Jc,tu~ ~ ~,bDl hairman ._~ A. eBEKing Resol.wpd EXHIBIT "B" LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with two-story stone dwelling house and two_car garage thereon erected, known as No. 68 East King Street, situate at the Southwest corner of King and Penn Streets, Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows: On the North by King Street; on the East by Penn Street; on the South by improved lot formerly of Margaret S. Berry, now or formerly of Glenn Etter, formerly a part of this lot; and on the West by improved lot formerly of John Hosfeld Estate, now or formerly of G. Leonard Fogelsonger; extending in front along King Street from the Penn Street curb, forty-one and one-half (41-1/2) feet to the line of the said G. Leonard Fogelsonger property, and extending from the King Street curb Southwardly one hundred eleven (111) feet to the line which is now the Southerly side of the concrete garage wall on these premises, along which Southeriy line this line abuts to a width of forty-two (42) feet. ,~r- EXHIBIT "C" BOND KNOW ALL MEN BY THESE PRESENTS, that a Declaration of Taking having been filed the ~ clay of '~' , 2001, by the Redeveiopment Authority of the County of Cumberland (the "Ob Igor"), 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 Shippensburg, Cumberland County, and described as follows: ALL THAT CERTAIN lot of ground with two-story stone dwelling house and two-car garage thereon erected, known as No. 68 East King Street, situate at the Southwest corner of King and Penn Streets, Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows: On the North by King Street; on the East by Penn Street; on the South by improved lot formerly of Margaret S. Berry, now or formerly of Glenn Etter, formerly a part of this lot; and on the West by improved lot formerly of John Hosfeld Estate, now or formerly of G. Leonard Fogelsonger; extending in front along King Street from the Penn Street curb, forty-one and one-half (41-1/2) feet to the line of the said G. Leonard Fogelsonger property, and extending from the King Street curb Southwardly one hundred eleven (111) feet to the line which is now the Southerly side of the concrete garage wall on these premises, along which Southerly line this line abuts to a width of forty-two (42) feet. BEING the premises of Emma W. Toth, a/Wa Emma C. Wentzel, and Frank Toth, to which payment well and truly to be made, the Obligor does bind itself and its successors and assigns, firmly by these presents. WHEREAS, the Obligor has condemned said property and it cannot agree with the owner or owners of said land and buildings upon the just compensation to be paid for the damages sustained by said owner or owners as a result of the condemnation: NOW THE CONDITION of this bond is such that if the Obligor shall pay or 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. SEALED with the corporate seal and duly executed this ~~Jay of ~u~~, 200-1. ATTEST r '' Secretary REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND l A 7 ~~~mie C. George ~~`~ Chairman ~} ~:' { ~ __ '~ ? _. a L~ r-:" 1 G r- 1 l ~ i i ~ ~l . <_ ~:a ~ l ~s ~ (- -~ I it ~ : '° = 1 . ~ . -C (.i ~ -+~~. IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF EMMA W. TOTH, a/k/a EMMA C. WENTZEL, and FRANK TOTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- SCI ~' CIVIL TERM EMINENT DOMAIN PROCEEDING AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss Christopher C. Houston, being duly sworn according to law, deposes and says that he served a Notice of Condemnation, a true and correct copy which is attached hereto, upon George F. Douglas,uf., Esquire, on behalf of Emma W. Toth, a/Wa Emma C. Wentzel and who executed the attached Acceptance of Service on the~'t'~iay of S~ r,,,,~i,,~, 2001. Christopher C. Houston, Esquire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 Sworn and subscr~~hh~~e~~d to before me, this /d"'~' day of j~q~~ 2001. otary Public .4r~a.SAF'Bxr2.wpd ~T~AI iEM, KARlMI f. BYEgg, NOTMY ~ARLIBLE BWtp, PUM.IC MY COyy D W., PA BFI id. ~Q9 IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF EMMA W. TOTH, a/kla EMMA C. WENTZEL, and FRANK TOTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5017 CIVIL TERM EMINENT DOMAIN PROCEEDING ACCEPTANCE OF SERVICE I accept service of the Declaration of Taking on behalf of Emma C. Wentzel and certify that I am authorized to do. George .Douglas, III, E uire Douglas, Douglas & Douglas 27 West High Street Carlisle, PA 17013 Date: ~~ ~ ~ I O l IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF EMMA W. TOTH, a/k/a EMMA C. WENTZEL, and FRANK TOTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- S~U~. CIVIL TERM EMINENT DOMAIN PROCEEDING NOTICE OF CONDEMNATION In accordance with Section 405 of the eminent Domain Code of 1964, 26 P.S. 1-405, the Redevelopment Authority of the County of Cumberland notifies you that: A Declaration of Taking, a copy of which is attached as Exhibit "A," was filed on the ~~`"'day of I~a5u1'~' 2001, in the Court of Common Pleas of Cumberland Cou toy at the above-named term and number. Your property has been condemned by the Redevelopment Authority of the county of Cumberland pursuant to the provisions of 35 P.S. 1712.1 for blighted property removal. Identification of your property appears on Exhibit "B" on the Declaration of Taking. If you wish to challenge the power or right of the Redevelopment Authority of the County of Cumberland to appropriate the condemned property, the sufficiency of the security, the procedure followed by the Condemnor, or the Declaration of Taking, you are required to file Preliminary Objections within thirty (30) days after being served with this notice. C ristopher C. ouston, Esquire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 A:\68Notcon.wpd IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF EMMA W. TOTH, a/k/a EMMA C. WENTZEL, and FRANK TOTH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- ~(ji ~ CIVIL TERM EMINENT DOMAIN PROCEEDING ~n Tesiirs`y ;x~i•strt, I >°~r~ un~ ~y :4a=.• an8 tfi38 se tri said C+xtrt 8t "' d$le. Pa. Th' ddy ~~ Drothonota 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 June 8, 2000, certified the premises hereinafter described (hereinafter the "Premises") to Condemnor as a blighted property. 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 July 12, 2000, the Borough of Shippensburg 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 re-use, is not inconsistent with the Comprehensive Plan of the County of Cumberland nor the Borough of Shippensburg. 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 8`" day of June, 2001. 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." ATTEST: ~v , ~~- ."_~ ~:_ ~,.- ~ Secretary A:\68DecTkg.wpd REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND ~~Jimmie C. George Chairman -" ~~~ C/i~/' Christopher C. Houston, Esquire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 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 Christopher Culotta ' Executive Director RESOLUTION AUTHORIZING THE FILING OF A DECLARAT{ON OF TAKING AND ALL NECESSARY ACTION FOR THE ACQUISITION THEREOF OF THE PREMISES LOCATED AT 68 EAST KING STREET SHIPPENSBURG, 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 derived in the Ordinance and the Urban Redevelopment Law; and WHEREAS; the Board had reviewed conditions existing at 68 East King Street, Shippensburg. Cumberland County, Pennsylvania, (hereinafter the "Premises"); and WHEREAS, the Board had determined that the Premises was vacant and exhibited one or more of the conditions of a blighted property as set forth in Ordinance No. 99-1; and WHEREAS. the Board adopted a Blight Determination Resolution No. 2000-6 determining that the Premises is blighted: and ~/HEREAS, the property o~,vner of the Premises; Emma W. Toth. aik/a Emma C. Wentzel and Frank Toth ('Hereinafter the "Owners'), had been served with the Blight Determination Resolution No. 2000-6 and notified of their right to appeal the determination or provide a rehabilitation plan; and WHEREAS, the Owner did not file an appeal nor did they file a rehabilitation plan: and WHEREAS, the Board adopted a Second Resolution No. 2000-9 certifying the Premises to the Redevelopment Authority of the County of Cumberland as blighted; and WHEREAS: in accordance with the provisions of the Urban Redevelopment Law and the Rules and Regulations of the Board, a report on the Premises was transmitted to the Planning Commission of the County of Cumberland and the Planing Commission of the Borough of Shippensburg far 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 be to use the Premises for residential purposes; and WHEREAS, the Borough of Shippensburg Planning Commission determined on July 12, 2000. that the Premises is a blighted property and did concur with the recommended re- use of the Prem~sas, as aforesaid; and EXHIBIT "A" 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 68 East King Street, 5hippensburg, Cumberland County, Pennsylvania; as a blighted property and does further select and appropriate for acquisition and disposition in accordance with law the Premises. ,vhich are more fully described: ALL THAT CERTAIN lot of ground with two-story stone dwelling house and two-car garage thereon erected, known as No. 68 East King Street, situate at the Southwest corner of King and Penn Streets. Borough of Shippensburg; Cumberland County, Pennsylvania, bounded and described as follows On the North by King Street; on the East by Penn Street; on the South by improved lot formerly of Margaret S. Berry, now or formerly or Glenn Etter. formerly a part of this lot: and on the West by improved lot formerly of John Hosfeld Estate, now orformerly of G. Leonard Fogelsonger: extending in front along King Street from the Penn Street curb. forty-one and one-half !41-1 /2) feet to the line of the said G. Leonard Fogelsonger property. and extending from the King Street curb Southwardly one hundred eleven (111) feet to the line which is now the Southerly side of the concrete garage wolf on these premises, along which Southerly line this fine abuts to a width of forty-two (42) feet. RESOLVED that the title to be acquired shall be absolute or fee simple title, including all easements, rights of way, and reaV 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 band as may be necessary or desirable, to carry ou± the purpose of this resolution. RESOLVED that :he institution of such proceedings, and any damages which may be agreed upon or a~~varded to any party in interest shaft be paid out of the funds of the Redevelopment Authority. ATTEST Sebretary Date: J~+n~ ~ j ?,bDi ,~.. _ ~_ F,rairman ' ~~ A cBcKing Resol.wpd EXHIBIT "B" LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with two-story stone dwelling house and two-car garage thereon erected, known as No. 68 East King Street, situate at the Southwest corner of King and Penn Streets, Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows: On the North by King Street; on the East by Penn Street; on the South by improved lot formerly of Margaret S. Berry, now or formerly of Glenn Etter, formerly a part of this lot; and on the West by improved lot formerly of John Hosfeld Estate, now or formerly of G. Leonard Fogelsonger; extending in front along King Street from the Penn Street curb, forty-one and one-half (41-1/2) feet to the line of the said G. Leonard Fogelsonger property, and extending from the King Street curb Southwardly one hundred eleven (111) feet to the line which is now the Southerly side of the concrete garage wall on these premises, along which Southerly line this line abuts to a width of forty-two (42) feet. EXHIBIT "C" BOND KNOW ALL MEN BY THESE PRESENTS, that a Declaration of Taking having been filed the z~+,~'day of '}' , 2001, by the Redevelopment Authority of the County of Cumberland (the "Ob Igor'), 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 Shippensburg, Cumberland County, and described as follows: ALL THAT CERTAIN lot of ground with two-story stone dwelling house and two-car garage thereon erected, known as No. 68 East King Street, situate at the Southwest corner of King and Penn Streets, Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows: On the North by King Street; on the East by Penn Street; on the South by improved lot formerly of Margaret S. Berry, now or formerly of Glenn Etter, formerly a part of this lot; and on the West by improved lot formerly of John Hosfeld Estate, now or formerly of G. Leonard Fogelsonger; extending in front along King Street from the Penn Street curb, forty-one and one-half (41-112) feet to the Vine of the said G. Leonard Fogelsonger property, and extending from the King Street curb Southwardly one hundred eleven (111) feet to the line which is now the Southerly side of the concrete garage wall on these premises, along which Southerly line this fine abuts to a width of forty-two (42) feet. BEING the premises of Emma W. Toth, a/k/a Emma C. Wentzel, and Frank Toth, to which payment well and truly to be made, the Obligor does bind itself and its successors and assigns, firmly by these presents. WHEREAS, the Obligor has condemned said property and it cannot agree with the owner or owners of said land and buildings upon the just compensation to be paid for the damages sustained by said owner or owners as a result of the condemnation: NOW THE CONDITION of this bond is such that if the Obligor shall pay or 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. _ SEALED with the corporate seal and duly executed this ~~21ay of tAS , 2001. ATTEST REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND r t: Secretary ~%Jjrrimie C. George ~-~J~-- Chairman O w:a O ~ ° _ - -G~r.~ ;~ . L ~ ~ t° f-... rn -_ .~., _l 1 -~ _i'„ l = i 1 ~~' ..J ~ ) ~ ) it ~~~- i\Z CJf .~ r IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA,. BEING THE PROPERTY OF EMMA V. TOTH, a/k/a EMMA C. WENTZEL, and FRANK TOTH EMMA C. WENTZEL and FRANK TOTH, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant r e OCT 2 9 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5017 CIVIL TERM EMINENT DOMAIN PROCEEDING ORDER AND NOW, this day of ~• , 2001, upon consideration of the Petition of the Redevelopment Authority of the County of Cumberland, the Court appoints: as a Board oi'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 r t 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. By the Court, '.J. F~.U-IOUSTON~68PET.W PD (~~ p\ V \\:\,~, b1t~~,~ilASN"J~d ~T' Elf ~',~' ~ ~ i'~~ 9r _ u_+~~^ _' IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF EMMA V. TOTH, a/k/a EMMA C. WENTZEL, and FRANK TOTH EMMA C. WENTZEL and FRANK TOTH, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5017 CIVIL TERM EMINENT DOMAIN PROCEEDING 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 August 28, 2001, Condemnor filed a Declaration of Taking in this proceeding. A copy of the Declaration of Taking is attached as Exhibit "A." 3. No Preliminary Objections to the Declaration of Taking have been filed. 4. The name and address of all Condemnees known by Condemnor to have an interest in the condemned property are: Emma C. Wentzel 242 West Pomfret Street Carlisle, PA 17013 And Frank Toth One East Burd Street Shippensburg, PA 17257 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 Condemnees are entitled and to assess the benefits, if any, arising from the above-mentioned condemnation. Respe ly submitted, Christopher .Houston, Esquire Attorney for Condemnor/Defendant 114 North Hanover Street Carlisle, PA 17013 717-249-0789 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 Chris opher Culotta Executive Director F:\HOUSTON\68PET. W PD ,, IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND- NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF EMMA W. TOTH, a/k/a EMMA C. WENTZEL, and FRANK TOTH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- ~C~i ~ CIVIL TERM EMINENT DOMAIN PROCEEDING in Test;f+y ~rr~f, I ?ire ura~ ~ my is4:Y: and the ~ ~ said i ter? a# d~ia. Pa< Tit' ay ~ ~ `~~ Profhontstz - 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") ~~C~ ~ b i ~ /'t ,~ .. ,_ ~~~ .. by Resolution dated June 8, 2000, certified the premises hereinafter described (hereinafter the "Premises") to Condemnor as a blighted property. 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 July 12, 2000, the Borough of Shippensburg 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 re-use, is not inconsistent with the Comprehensive Plan of the County of Cumberland nor the Borough of Shippensburg. 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 8`h day of June, 2001. 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." ATTEST: r~ , - =~- -- - ~-- Secretary REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND ,!Jimmie C. George __ ~~'" r Chairman ~ ~ , Christopher C1. Houston, Esquire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 A:168DecTkg.wpd 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 - -- r _- _-. .,~ Christopher Culotta ' Executive Director RESOLUTION AUTHORIZING THE FILING OF A DECLARATION OF TAKING AND ALL NECESSARY ACT10N FOR THE ACQUISITION THEREOF OF THE PREMISES LOCATED AT 68 EAST KING STREET SHIPPENSBURG, 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 bl ghted properties, as that term is defined in the Ordinance and the Urban Redevelopmen~ Law; and WHEREAS: the Board had reviewed conditions existing at 68 East King Street, Shippensburg. Cumberland County, Pennsylvania, (hereinafter the "Premises"); and WHEREAS. the Board had determined that the Premises was vacant and exhibited one or more of the conditions of a blighted property as set forth in Ordinance No. 99-1; and WHEREAS. the Board adopted a Blight Determination Resolution No. 2000-6 determining that the Premises is blighted. and VriHEREAS. the croperty o':,ner of the Premises, Emma W. Toth: alk/a Emma C. Wentzel and Frank Toth Hereinafter the "Owners'), had been served with the Blight Determination Resolution No. 200-6 and notified of their right to appeal the determination or provide a rehabilitation plan: and WHEREAS. the Cwner did rot file an appeal nor did they file a rehabilitation plan; and WHEREAS, the 3oard adoptsd a Second Resolution No. 2000-9 certifying the Premises to the Redevelcc.ment Authority of the County of Cumberland as blighted; and WHEREAS. in ac:.ordance with the provisions of the Urban Redevelopment Law and the Rules and Reguations of the Board, a report on the Premises was transmitted to the Planning Commission of the County of Cumberland and the Planing Commission of the Borough of Shiccensburg for those commissions to make their own determination as to whether the proserty was blighted and to submit a recommendation as to the appropriate re-use of the Pr-~ises; and WHEREAS, on J_ly 20, 2000. ±he Cumberland County Planning Commission determined that the Premises is blighted and recommended with the re-use plan be to use the Premises for residential purposes; and WHEREAS, the Borough of Shippensburg Planning Commission determined on July 12, 2000. that the Premises is a blighted property and did concur with the recommended re- use of the Prem.sas, as aforesaid. and EYHIBIT "A" 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 Redeveiopment 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 iocated at 68 East King Street. Shippensburg, Cumberland County, Pennsylvania. as a blighted prdperty and does further select and appropriate for acquisition and disposition in accordance with law the Premises. ~r~hich are more fully described: ALL THAT CERTAIN lot of ground with two-story stone dwelling house and two-car garage thereon erected, known as No. 68 East King Street, situate at the Southwest corner of King and Penn Streets. Borough of Shippensburg, Cumberland County. Pennsylvania. bounded and described as follows: On the North by King Street; on the East by Penn Street; on the South by improved lot formerly of Margaret S. Berry, now or formerly of Glenn Etter. formerly a part of this lot: and on the West by improved lot formerly of John Hosfeld Estate; now orformerly of G. Leonard Fogelsonger. extending in front along King Street from the Penn Street curb, forty-one and one-half. (41-1 /2) feet to the line of the said G. Leonard Fogelsonger property. and extending from the King Street curb Southwardly one hundred eleven (111) feet to the line which is now the Southerly side of the concrete garage wall on these premises, along which Southerly line this line abuts to a width of forty-two (42) feet. 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 fife a Dec4aration 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 Secretary Date: Jt.t,~~ 8 ?,19D1 ~~ hairman ,_~ A. cBEKing Resol.wptl EXHIBIT "B" LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with two-story stone dwelling house and two-car garage _ _ _ _ _ thereon erected, known as No. 68 East King Street, situate at the Southwest corner of King and Penn Streets, Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows: On the North by King Street; on the East by Penn Street; on the South by improved lot formerly of Margaret S. Berry, now or formerly of Glenn Etter, formerly a part of this lot; and on the West by improved lot formerly of John Hosfeld Estate, now or formerly of G. Leonard Fogelsonger; extending in front along King Street from the Penn Street curb, forty-one and one-half (41-1/2) feet to the line of the said G. Leonard Fogelsonger property, and extending from the King Street curb Southwardly one hundred eleven (111) feet to the line which is now the Southerly side of the concrete garage wall on these premises, along which Southerly line this line abuts to a width of forty-two (42) feet. EKHI8IT "C" BOND KNOW ALL MEN BY THESE PRESENTS, that a Declaration of Taking having been filed the zFi ~ clay of '~' , 2001, by the Redevelopment Authority of the County of Cumberland (the "Ob Igor'), 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 Shippensburg, Cumberland County, and described as follows: ALL THAT CERTAIN lot of ground with two-story stone dwelling house and two-car garage thereon erected, known as No. 68 East King Street, situate at the Southwest corner of King and Penn Streets, Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows: On the North by King Street; on the East by Penn Street; on the South by improved lot formerly of Margaret S. Berry, now or formerly of Glenn Etter, formerly a part of this lot; and on the West by improved lot formerly of John Hosfeld Estate, now or formerly of G. Leonard Fogelsonger; extending in front along King Street from the Penn Street curb, forty-one and one-half (41-112) feet to the line of the said G. Leonard Fogelsonger property, and extending from the King Street burb Southwardly one hundred. eleven (111) feet to the line which is now the Southerly side of the concrete garage wall on these premises, along which Southerly line this line abuts to a width of forty-two (42) feet. BEING the premises of Emma W. Toth, a/k/a Emma C. Wentzel, and Frank Toth, to which payment well and truly to be made, the Obligor does bind itself and its successors and assigns, firmly by these presents. WHEREAS, the Obligor has condemned said property and it cannot agree with the owner or owners of said land and buildings upon the just compensation to be paid for the damages sustained by said owner or owners as a result of the condemnation: NOW THE CONDITION of this bond is such that if the Obligor shall pay or 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. SEALED with the corporate seal_and duly executed_ this ~~ay of 1~tS , 2001. ATTEST - ;. Secretary ' REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND By -GG'~~~C ~sc~~~~ ~ ~~ Jimmie C. George «~~ Chairman ~, ~-: - -- ` _ -~~ ~ ~ „; - - ~ ,.~3 f., ,.. .F . - - [;: _ ~ ~. % _ J °:c ~ ;Z y t ~-: ._. z ,,, !T -< IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF EMMA W. TOTH, a/k/a EMMA C. WENTZEL, and FRANK TOTH, 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- - 1~ CIVIL TERM EMINENT DOMAIN PROCEEDING 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 June 8, 2000, certified the premises hereinafter described (hereinafter the "Premises") to Condemnor as a blighted property. 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 July 12, 2000, the Borough of Shippensburg 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 re-use, is not inconsistent with the Comprehensive Plan of the County of Cumberland nor the Borough of Shippensburg. 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 8"' day of June, 2001. 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." ~,~.. ATTEST: REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND By ~~~ ~ o Secretary Ji mie C. George airman Christopher .Houston, Esquire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 A:\68DecTkg.wpd 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~CUMBF,~tLAND B ~C~~ (~J Y Chris opher Culotta Executive Director RESOLUTION AUTHORIZING THE FILING OF A DECLARATION OF TAKING AND ALL NECESSARY ACTION FOR THE ACQUISITION THEREOF OF THE PREMISES LOCATED AT 68 EAST KING STREET SHIPPENSBURG,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 68 East King Street, Shippensburg, Cumberland County, Pennsylvania, (hereinafter the "Premises"); and WHEREAS, the Board had determined that the Premises was vacant and exhibited one or more of the conditions of a blighted property as set forth in Ordinance No. 99-1; and WHEREAS, the Board adopted a Blight Determination Resolution No. 2000-6 determining that the Premises is blighted; and WHEREAS, the property owner of the Premises, Emma W. Toth, a/k/a Emma C. Wentzel and Frank Toth (hereinafter the "Owners"), had been served with the Blight Determination Resolution No. 2000-6 and notified of their right to appeal the determination or provide a rehabilitation plan; and WHEREAS, the Owner did not file an appeal nor did they file a rehabilitation plan; and WHEREAS, the Board adopted a Second Resolution No. 2000-9 certifying the Premises to the Redevelopment Authority of the County of Cumberland as blighted; and WHEREAS, in accordance with the provisions of the Urban Redevelopment Law and the Rules and Regulations of the Board, a report on the Premises was transmitted to the Planning Commission of the County of Cumberland and the Planing Commission of the Borough of Shippensburg 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 be to use the Premises for residential purposes; and WHEREAS, the Borough of Shippensburg Planning Commission determined on July 12, 2000, that the Premises is a blighted property and did concur with the recommended re- use of the Premises, as aforesaid; and EXHIBIT "A" 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 bylaw, accepts the certification of the Premises located at 68 East King Street, Shippensburg, Cumberland County, Pennsylvania, as a blighted property and does further select and appropriate for acquisition and disposition in accordance with law the Premises, which are more fully described: ALL THAT CERTAIN lot of ground with two-story stone dwelling house and two-car garage thereon erected, known as No. 68 East King Street, situate at the Southwest corner of King and Penn Streets, Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows: On the North by King Street; on the East by Penn Street; on the South by improved lot formerly of Margaret S. Berry, now or formerly of Glenn Etter, formerly a part of this lot; and on the West by improved lot formerly of John Hosfeld Estate, now or formerly of G. Leonard Fogelsonger; extending in front along King Street from the Penn Street curb, forty-one and one-half (41-1/2) feet to the line of the said G. Leonard Fogelsonger property, and extending from the King Street curb Southwardly one hundred eleven (111) feet to the line which is now the Southerly side of the concrete garage wall on these premises, along which Southerly line this line abuts to a width of forty-two (42) feet. 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. ATTEST E" ~, Se retary Date: ~~c.>>n :.~~7,C4D~ irman A:\68EKing Resol.wpd EXHIBIT "B" LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with two-story stone dwelling house and two-car garage thereon erected, known as No. 68 East King Street, situate at the Southwest comer of King and Penn Streets, Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows: On the North by King Street; on the East by Penn Street; on the South by improved lot formerly of Margaret S. Berry, now or formerly of Glenn Etter, formerly a part of this lot; and on the West by improved lot formerly of John Hosfeld Estate, now or formerly of G. Leonard Fogelsonger; extending in front along King Street from the Penn Street curb, forty-one and one-half (41-1/2) feet to the line of the said G. Leonard Fogelsonger property, and extending from the King Street curb Southwardly one hundred eleven (111) feet to the line which is now the Southerly side of the concrete garage wall on these premises, along which Southerly line this line abuts to a width of forty-two (42) feet. EXHIBIT "C" BOND KNOW ALL MEN BY THESE PRESENTS, that a Declaration of Taking having been filed the zc3~'day of , 2001, by the Redevelopment Authority of the County of Cumberland (the "Ob Igor"), 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 Shippensburg, Cumberland County, and described as follows: ALL THAT CERTAIN lot of ground with two-story stone dwelling house and two-car garage thereon erected, known as No. 68 East King Street, situate at the Southwest corner of King and Penn Streets, Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows: On the North by King Street; on the East by Penn Street; on the South by improved lot formerly of Margaret S. Berry, now or formerly of Glenn Etter, formerly a part of this lot; and on the West by improved lot formerly of John Hosfeld Estate, now or formerly of G. Leonard Fogelsonger; extending in front along King Street from the Penn Street curb, forty-one and one-half (41-1/2) feet to the line of the said G. Leonard Fogelsonger property, and extending from the King Street curb Southwardly one hundred eleven (111) feet to the line which is now the Southerly side of the concrete garage wall on these premises, along which Southerly line this line abuts to a width of forty-two (42) feet. BEING the premises of Emma W. Toth, a/k/a Emma C. Wentzel, and Frank Toth, to which payment well and truly to be made, the Obligor does bind itself and its successors and assigns, firmly by these presents. WHEREAS, the Obligor has condemned said property and it cannot agree with the owner or owners of said land and buildings upon the just compensation to be paid for the damages sustained by said owner or owners as a result of the condemnation: NOW THE CONDITION of this bond is such that if the Obligor shall pay or 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. SEALED with the corporate seal and duly executed this ~~2iay of ~iI~tS~, 2001. ATTEST REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND ~,~ ~ ~ By Secretary J' mie C. George Chairman ,,~ . V \ ~ vt I ~. ~ ~ ~ '~ ~~ ~ ^ % v ~ ~ (, ( / U • fl ~ (~1 ~ N (a O "O o '-~ ~. -~-- l T° C -~.. ~ '7 ~~ n q ,. ~ . _ ... _ ". (1 - '+~~ r j ~ ~ I 1 / ~ (. CJ ~ Il f~ d ~.. _r`I - ~ _xw~ma - mta~na . rs .. _ ~~ _ .. n~Mi~Rww _ ~~.. , . v. ~. a, ~ -r~ . s ~ .~,?--:.~ v -,a~~a,~v ~sn~~sac^°`~ IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA EMMA C. WENTZEL and FRANK TOTH, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5017 CIVIL TERM EMINENT DOMAIN PROCEEDINGS /,~ RULE AND NOW, this ~ day of , 2002, on consideration of the Petition of Redevelopment Authority of the County of Cumberland, a Rule is granted upon Emma C. Wentzel and Frank Toth to show cause why a Writ of Possession should not issue upon payment into Court by the Condemnor of the sum of $67,500. Pursuant to 26 P.S. 1- 407(a), this Rule is returnable (A days after service upon Condemnee. By the Court, J .~ ~ ~~~(s~~ ri~7a l~ ~~ '© ."qR3`. Htt f~ 5R'.. A"rTd'.M s?_V PiP1'ld~s§~. IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA EMMA C. WENTZEL and FRANK TOTH, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5017 CIVIL TERM EMINENT DOMAIN PROCEEDINGS PETITION OF THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND FOR A WRIT OF POSSESSION The Petition of Redevelopment Authority of the County of Cumberland ("Condemnor") pursuant to Section 407(a) of the Eminent Domain Code, 26 P.S. 1-407, represents: 1 The Condemnor is the Redevelopment Authority of the County of Cumberland, whose address is 114 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2 On November 29, 2000, Condemnor filed a Declaration of Taking at the above-captioned term and number. 3 Included in the Declaration of Taking was property owned by Emma C. Wentzel and Frank Toth ("Condemnees'"), located at 68 East King Street, Shippensburg, Cumberland County, Pennsylvania ("Property"). 4 No Preliminary Objections to the Declaration of Taking have been filed. 5 By Order of Court dated November 13, 2001, the Court appointed a Board of View to assess damages in the condemnation. 6 On May 16, 2002, the Board of View conducted a hearing for purposes of taking testimony on the issue of the just compensation to be paid to Condemnees. 7 Condemnor submitted testimony from a certified real estate appraiser at the proceedings before the Board of View that the fair market value of the Property as of the date of taking was $67,500. 8 Condemnor is entitled to possession of the Property upon payment to the Condemnees or into the Court of the estimated just compensation. 9 Condemnor desires to pay the amount of estimated just compensation into Court. .,~,~. ,- 10 George F. Douglas, III, Esquire, attorney for Condemnee, Emma C. Wentzel, does not oppose the filing of this Petition. WHEREFORE, Condemnor, Redevelopment Authority of the County- of Cumberland, requests that this Court grant a Rule upon Emma C. Wentzel and Frank Toth to show cause why a Writ of Possession shall not issue upon payment into Court of the estimated just compensation of $67,500. ly submitted, Christophe~(C. Houston, Esquire Attorney for Defendant/Condemnor 114 North Hanover Street Carlisle, PA 17013 717-249-0789 A:\WritPossPet.wpd I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND By Christ pher Culotta Executive Director c~ ~ o ~_ ;.~ -,, - ~ : ~- - •._. oo l (~') - 'i. \YJ . hi }~ t-~. ~ ~~ ~J ~i ~~.~ QJ _ ..G fit,-' _. ~FN"~2P~T£ _"FV`1~+RM~Y3'~~sN3a°'IIh~~YS4"M$Y~SR R~S'~~rR4[.ce r i(,..vrT`iT ~~Ie_1F Y ._ e±m.le. uAlowt~p9~e6~f IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA EMMA C. WENTZEL and FRANK TOTH, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5017 CIVIL TERM EMINENT DL3{~IAtN PROCEEt)tId~GS ~~i7'~fs mt.sorh ~.. ~, .,,Le._ a~ ' ~?~wv~, ~~ ~ ~ a '~O-~'~ z` `f i~- ~..~- ~` ORDER ti.Q~{u..~~. AND NOW, this ~ day of July, 2002, on consideration of a Petition of the Redevelopment Authority of the County of Cumberland for Writ of Possession and the Petition to Make Rule Absolute, it is hereby ordered that the Rule is made absolute and that a Writ of Possession shall issue for the property located at 68 East King Street, Shippensburg, Cumberland County Pennsylvania, against Emma C. Wentzel and Frank Toth, Condemnees. By the Court, IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA EMMA C. WENTZEL and FRANK TOTH, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5017 CIVIL TERM EMINENT DOMAIN PROCEEDINGS PETITION TO MAKE RULE ABSOLUTE The Petitioner, Redevelopment Authority of the County of Cumberland ("Condemnor'), represents: 1 Upon a Petition of the Redevelopment Authority of the County of Cumberland for a Writ of Possession, a Rule was issued on June 7, 2002, to show cause why a Writ of Possession should not issue with said Rule to be returnable twenty (20) days after service upon Condemnees. 2 Attached hereto and marked as Exhibit "A" is an Affidavit of Service of said Rule upon Condemnees. 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 68 East King Street, Shippensburg, Cumberland County, Pennsylvania, in favor of Condemnor. Respec~u{ly submitted, Christopher C. Houston, Esquire Attorney for Petitioner/Condemnor 114 North Hanover Street Carlisle, PA 17013 717-249-0789 A:\RulePetwpd .:.r_ ... 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 ~1 Christopher Culotta Executive Director IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA EMMA C. WENTZEL and FRANK TOTH, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5017 CIVIL TERM EMINENT DOMAIN PROCEEDINGS AFFIDAVIT OF SERVICE I, Christopher C. Houston, Esquire, do hereby certify that I served the Rule with accompanying Petition of the Redevelopment Authority of the County of Cumberland for Writ of Possession by first class, postage prepaid, on June 10, 2002, on the following: George F. Douglas, III, Esquire Douglas Law Office 27 West High Street Carlisle, PA 17013 Attorney for Emma C. Wentzel and by certified mail, postage prepaid, with service being made on or about June 13, 2002, on the following: Frank Toth One East Burd Street Shippensburg, PA 17257 EXHIBIT "A" Christopher C. Houston, Esquire Attorney for Petitioner/Condemnor 114 North Hanover Street Carlisle, PA 17013 717-249-0789 Date: 3~n ~,~ 1 ~ , goo Z ^ Gorrap(ete herbs t, 2;: antl 3. Ai6b aomptete - item d if RestrictedDelivery is desired. ^ Print ycucnatne and address ohYhe reverse so that w® can return the card to you. ^'Adach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: ~'~0.1~1~C. ~rD-~ Ov~e ~..s~ 3vul?t- b~ 5~4~'P~sb~u~ (~~- i~~ ~bbb I h`"10 ~©tJ 6 ~~(?~ X .~,/'~~~ ^ Addressee (Printed Name) I C.' Date at Delivery I D. Is delivery address differentfmmffem t? ~ Yes If YES, enter delivery address below: ^ No 3. -Service Type ~Cenified Mail ^ Express Mail ^ Registered ;81 Return Receipt for Merchandise ^ Insured Mail ^ C.D.D. 4. Restricted Delivery? (EMm Fee) ^ Yes ' 2. Article Number (Transfer from service label) - Domestic Return Receipt - 102595-nt-M-0381' PS Form 3811, August 2007 IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA EMMA C. WENTZEL and FRANK TOTH, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5017 CIVIL TERM EMINENT DOMAIN PROCEEDINGS 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: George F. Douglas, III, Esquire Douglas Law Office 27 West High Street Carlisle, PA 17013 Attorney for Emma C. Wentzel Frank Toth One East Burd Street Shippensburg, PA 17257 Christopher C. ouston, Esquire Attorney for Petitioner/Condemnor 114 North Hanover Street Carlisle, PA 17013 Date: ~~I~~m'~ c~ * R F L~ ~ __ i _ Ua ~ _ I'- ' T ` ~o ._' c- t.. fV fii ~-~ _: " C Lyy y_-, r`l~ ..~ ~{ ~n ~ -< `~~ IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA EMMA C. WENTZEL and FRANK TOTH, Plaintiffs v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5017 CIVIL TERM EMINENT DOMAIN PROCEEDINGS REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant TO THE PROTHONOTARY: PRAECIPE Issue a Writ of Possession in the above matter to the Redevelopment Authority of the County of Cumberland for the property located at 68 East King Street, Shippensburg, Cumberland County, Pennsylvania. Christopher C. uston, Esquire Attorney for Defendant 114 North Hanover Street Carlisle, PA 17013 717-249-0789 Date: 31 ~D.~ ,,ems ~, ~ ~ C ~ti Q .___ ~ ~ .~ ~ N1 O cj v~ 6 /~ _o '-~ h._ ~ ~ '~- ~~ 4- m G N 0 --e~ G m~, max. ~ ~„_ ((~ r . [~' C7 C r { P 0 -o 3 ~` ~£^' ~ C -~-- Y c z ~~ C' c... i ~ ~__.. ~ il, ~ ~ ~~i _. _: c`> -ca °i _ = ; i', ;v 5~ eD -t n ~i ,. .. ~m%9:w.am~:. ~.. _ _ _ _ cbq.; h ,. e .' _r,v , wr.,~ a ~ „-ms;^:v ^m _ .§:ex~ms[£ DATE: July 31, 2002 REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMSEItLAND • Housing Development • Housing Rehabilitation • Housing Management • Homeownership Programs • Downtown Revitalization • Public N~icility Improvements • Economic Development MEMO TO: Cumberland County Sheriff's Department FROM: Christopher C. Houston, Esquire !i~t'_ RE: No. 01-5017 Civil Term Writ of Possession 68 E. King Street, Shippensburg, PA With respect to service of the Writ of Possession for the property at 68 E. King Street, Shippensburg, PA. This is a vacant and uninhabited property. Please serve the Writ of Possession upon the property owners, as follows: Frank Toth One East Burd Street Shippensburg, PA Emma C. Wentzel 242 W. Pomfret Street Carlisle, PA Once service has been accomplished upon the owners, please have the deputy contact me at 249-0789 for purposes of arranging a meeting at the property at 68 E. King St. for purposes of obtaining possession. SERVING CUMBERLAND COUNTY SINCE 1975 114 N. HANOVER ST. - STE. 104 • CARLISLE PA 17013-2445 'Ibleohone/l'l)Y (717) 249-0789 • (717) 697-7703 • (717) 532-8805 • Fkx(717) 249-4071 • E-mail: adman@cchra.com :_~•, r IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA EMMA C. WENTZEL and FRANK TOTH, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5017 CIVIL TERM EMINENT DOMAIN PROCEEDINGS ORDER AND NOW, this ~ day of , 2003, on consideration of a Petition of the Redevelopment Authority of the County of Cumberland to Distribute Damages Pursuant to Section 521 of the Eminent Domain Code and the Petition to Make Rule Absolute, it is hereby ordered that the Rule is made absolute and that, upon Praecipe of the Condemnor, the Prothonotary is directed to make distribution of the sum of $69,372.52 previously paid into the Court by Condemnor, as follows: 1. Borough of Shippensburg - $653.24; and 2. Emma C. Wentzel and Frank Toth - $68,719.28. t ~. ~ ~ ~- ~~ ~~ ~~ ,_ ~, ~~ t'I~ s~'r1U~S~~I~d ~~ -- . ~• ._ ~~U,, '~ I~ ~ i '~L~: ~, -.,~ ?eF:mea~ ~+~samm,kwl - ax`x-_ .e~s,- ,. «,~ <rv ~t~«~ xa=~ns .. ~r~_:~ _ °:et%•~~=~'r^t+~3, _. It is further ordered and directed that the Prothonotary mark the award by the Board of Viewers for this property satisfied of record. By the Court, J. PeRsonalL ho~ae~ ~~- IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA EMMA C. WENTZEL and FRANK TOTH, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5017 CIVIL TERM EMINENT DOMAIN PROCEEDINGS PETITION TO MAKE RULE ABSOLUTE The Petitioner, Redevelopment Authority of the County of Cumberland ("Condemnor"), represents: 1 Upon a Petition of Redevelopment Authority of the County of Cumberland to Distribute Damages Pursuant to Section 521 of the Eminent Domain Code, a Rule was issued on December 20, 2002, to show cause why the award of the Board of Viewers filed July 30, 2002, regarding the condemnation of property located at 68 East King Street, Shippensburg, Cumberland County, Pennsylvania, in the amount of $69,372.52 should not be paid and distributed, with said distribution being payable as follows: A. Borough of Shippensburg - $653.24; and B. Emma C. Wentzel and Frank Toth - $68,719.28. And why, upon Praecipe filed, the Prothonotary should not be directed to make said distribution of the award and to make the award made by the Board of Viewers for this property satisfied of record, with said Rule returnable twenty (20) days after service. 2 Attached hereto and marked as Exhibit "A" is an Affidavit of Service of said Rule. 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 further direct that upon Praecipe filed by Condemnor, that the Prothonotary be directed to make said distribution of the award and to mark the award made by the Board of Viewers for this property satisfied of record. Respec ly submitted, Christopher C. Houston, Esquire Attorney for Petitioner/Condemnor 114 North Hanover Street Carlisle, PA 17013 717-249-0789 F:\HOUSTON\68EKing Pet.wpd 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 Christo her Culotta Executive Director IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA EMMA C. WENTZEL and FRANK TOTH, plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5017 CIVIL TERM EMINENT DOMAIN PROCEEDINGS AFFIDAVIT OF SERVICE I, Christopher C. Houston, Esquire, do hereby certify that I served the Rule with accompanying Petition of the Redevelopment Authority of the County of Cumberland to distribute damages pursuant to Section 521 of the Eminent Domain Code by first class mail, postage prepaid, on January 2, 2003, on the following: George F. Douglas, III, Esquire Douglas Law Office 27 West High Street Carlisle, PA 17013 Attorney for Emma C. Wentzel Borough of Shippensburg P. O. Box 129 Shippensburg, PA 17257 EXHIBIT "A" „_ , And by certified mail, postage prepaid, with service being made on or about January 4, 2003, on the following: Frank Toth One East Burd Street Shippensburg, PA 17257 Date: ~~t~wciv ~ } ~o+d 3 Christopher C. Houston, Esquire Attorney for Petitioner/Condemnor 114 North Hanover Street Carlisle, PA 17013 717-249-0789 ,~,~ .. IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA EMMA C. WENTZEL and FRANK TOTH, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5017 CIVIL TERM EMINENT DOMAIN PROCEEDINGS 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: George F. Douglas, III, Esquire Douglas Law Office 27 West High Street Carlisle, PA 17013 Attorney for Emma C. Wentzel Frank Toth One East Burd Street Shippensburg, PA 17257 Emma C. Wentzel 242 West Pomfret Street Carlisle, PA 17013 Borough of Shippensburg P. O. Box 129 Shippensburg, PA 17257 Christopher C. Houston, Esquire Attorney for Petitioner/Condemnor 114 North Hanover Street Carlisle, PA 17013 717-249-0789 Date:_ ~a~wuv~, ~~~ X003 ,,, n c o c.- o z,; m~f, 4::~ __ W, - <<- U7,. ~ _; ~ «. • ~ ~ ~~ ~: * ~ ~` r ~ - __ ~- Z __; .y ;j ~ ~~ ~o ~~• a~ N ~ z0 C O O mi N ~ am r~ p O ~ ~ I .~ rt ~ p C I'% N ~ n 9 TC i ~ ~ ~ psmm W ~ ~~ 2 c°.pa'~~ rt ~~ y ~oo~ C N Q~ L~7 !"cfm~ 7 N .{OT tom., n~~aZ A'! S p0~ LI', O ?~ ~ocsn 11 z wm~OC ~ Y "~~ ~ 2 y p DZ W A~ p i Il:y o ~.. ~ ~.. .. .~ I~ 1 r ~ ~! r u~i~ r +. Y a ~ ~. r ~ ~' W I ~ ~ ` II W J O F.a F+ O W ~ ~ t0 W 'ii ~ o, N i r N "= A r o D m "~ i !~~ ~ I. N I~-. ('I ~° ~ are cao ~ (DNr rm ~ O I NS i p N. Irtm N C m , m fi ¢ t (D :. O ¢ . `` W I r i ~n l i O w iry ~i r O I ~ i r ~ •' r r 3 a 'OC? ~~ O ~~ ~~ O~ °x ..;p ~~ 7~d Ve r. ~ ~" ]° .~ D -- ~. ~ y O ti a0 ` Oy m2 p II ~m ~ I€'. ~' i O 1 ~ O C c ~ ° C € ~ O x m m 2 p~ _ p~mmW i C o ~o~om a m~~=rr F Ul mc~mA ~I r ro p '~ o'~ e LroTJ c i °cpZp~ III ~y ~ C aZ o i ~ <~ G) m "~] t+i Ctl '~ ',Li K Cn W N O N O ~ O ~A W W O ~ N ~ ~ ~ D xz•s¢. RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland Countyy Prothonotary's Office Carlisle, Pa 17013 IN RE CONDEMNATION BY CCRDA (VS) Case Number 2001-05017 Receipt total. _ Receipt Date 2/07/2003 Receipt Time 13:54:53 Receipt No. 134422 00 TRNS ESC OUT ------------------------ Distribution Of Payment ------------------- --- Transaction Description Payment Amount BOND REFUND REFUND 69,372.52- 653.24 68,719.28 RECEIPT FOR PAYMENT Cumberland Countyy Prothonotary's Office Carlisle, Pa 17013 IN RE CONDEMNATION BY CCRDA (VS) Case Number 2001-05017 Receipt total. _ 00 Receipt Date Receipt Time Receipt No. TRNS ESC OUT 2/07/2003 13:54:53 134422 --------------- -- Distribution Of Payment -------- ------------ Transaction Description Payment Amount BOND 69,372.52- REFUND 653.24 REFUND 68,719.28 ,~w~~. 14142802072003 Cumberland County Prothonotary's Office Pa e 1 PY5405 Manual Release Check Register 2/07/2003 Escrow Tran Date Distribution Case No Accounting Amount Date Release ---- -- 3834 WENTZEL --------~--------------------- EMMA C - TOTH FRANK Check -- --------- Date: 02/07/2003 ------------------ Check No.: 1324 REFUND 2001- 05017 TRNS ESC IN 68719.28 2/07/2003 Payee total: 68719.28 3409 BOROUGH OF SHIPP$NSBURG Check Date: 02/07/2003 Check No.: 1325 REFUND 2001- 05017 TRNS ESC IN 653.24 2/07/2003 Payee total: 653.24 Grand total: 69,372.52 IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF 7HE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, EMMA C. WENTZEL and FRANK TOTH, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5017 CIVIL TERM EMINENT DOMAIN PROCEEDINGS PRAECIPE Pursuant to Court Order of January 31, 2003, please make distribution of the sum of $69,372.52 previously paid into the Court by the Redevelopment Authority of the County of Cumberland, Condemnor, as follows: 1. Borough of Shippensburg - $653.24; and 2. Emma C. Wentzel and Frank Toth - $68,719.28. Please also mark the award by the Board of Viewers for this property satisfied of record. Christopher C. Houston, Esquire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 ~j ~ 717-249-0789 Date: fLfnd~ qv+j , f ~~~ F:\HOUSTON\68EKingPraecipe.wpd <3 C p ? r ' ~~ , , ~7 t t .- ifs ~ tr r= r-° ~:: , ~ ' ~ _ ~ t_ C ;- =-m :rt t~ -.; WRIT OF PO5SESSI01~1-(Ejectment Proceedings PRCP 3160 - 3165- etc.) Redevelopment Authority of the County of Cumberland vs. Fxank 'Ibth, CYIe Fcvt >3>trl Street, q~Trrrancl7 rrr~ PA Hma C. V~ttzel., 242 W. RmCzet SIYeet, C~'7 isle P1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. Term No. 2001-5017 Civil Term Costs Att' y. $ 60.50 Pl'ff (s) $ Prothy. $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (I) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: Redevelopment Authority of the County of Cumberland Plaintiff (s) being: (Premises as follows): 68 East King Street, Shippensburg, Cumberland County Pennsylvania TRUE COPY FROM RECORD yn Tea~nos-y veneteot, I pate unto set my hand and s~ll of saki CauU Carlisle. Pa. Th ~ '" prothonotary (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Curtis R Long Prothonotary Prothonotary, Common Pleas Court of Cumber td County, Pennsylvania Date Suly 31, 2002 By -~=~~~ (SEAL) Deputy a S fD 'b ~, C 0. ~. ~. D O 7 0 'iy m J m O w N H h N rt h N 0 x n two O '9 ~ s .~° o O o v~ °~ cz N ~ (D ~ ~ ~] ~ "° ~ m ~ ~° ~ ~ ~O (7 ~ ~ N v ¢ rt ~ ~ ~ 'Cf O C C O aro a Qs r r h OCR ° ~ rt H O a tit ~ `~ ~ ~ ern Ci7 .~-i x `-3 o ~' ~y~ ~ ~ ' ~ ~ O x rt m ~, ~ ro O ~ ~ G r L+ ~ 0 0 By virtue of this writ, on the day of , I caused the within named , to have possession of the premises described with the appurtenances, anal: .. ~SMa ~n in~,-., . '. , So Answers, Sworn and subscribed to before me this day of Prothonotary Sheriff By Deputy IN RE: IN THE COURT OF COMMON PLEAS CONDEMNATION BY THE OF CUMBERLAND COUNTY, REDEVELOPMENT AUTHORITY OF PENNSYLVANIA - THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED A5 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, EMMA C. WENTZEL and FRANK TOTH Plaintiffs v. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant . NO. Ol 5017 CIVIL TERM EMINENT DOMAIN PROCEEDINGS NOTICE OF FILING OF REPORT OF VIEWERS TO: Elmer Ritter James Sheya Christopher C. Houston 712 S. Market Street 35 East High St. Redevelopment Authority Mechanicsburg, Pa 17055 Carlisle, PA 17013 114 N. Hanover Street Carlisle, PA 17013 Emma C. Wentzel 242 W. Pomfret St. Cazlisle, PA 17013 Frank Toth 1 E. Burd St. Shippensburg, PA 17257 George Douglas Douglas, Douglas & Douglas 27 W. High Street Carlisle, PA 17013 TO THE ABOVE NAMED CONDEMNOR AND CONDEMNEES, OR THEIR ATTORNEYS OF RECORD, AND TO ALL OTHER PERSONS HAVING AN INTEREST IN THE ABOVE CAPTIONED PROCEEDINGS: Enclosed is a copy of the Report and Award of the Viewers in the above-captioned proceeding. You are hereby advised that the Report will be filed in the Prothonotary's Office in the Courthouse at Carlisle, Pennsylvania, on August 2, 2002, and the Report will become final unless an appeal therefrom is filed within thirty (30) days from the date th`e R~ e~po~rt is~ fi~le/d~~ ~jc~lii/~/ `~ V i"'~ William A. Duncan, Chairman Board of View Notice Mailed: July 19, 2002 CONDEMNATION BY THE OF CUMBERLAND COUNTY, REDEVELOPMENT AUTHORTTY OF PENNSYLVANIA THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET,SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, . NO. 01-501'1 CIVIL TERM EMINENT DOMAIN PROCEEDINGS EMMA C. WENTZEL and FRANK TOTH Plaintiffs v. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant REPORT OF VIEWERS TO THE HONORABLE. THE JUDGES OF SAID COURT: The undersigned Viewers respectively report: ffiSTORY OF THE CASE 1. The Redevelopment Authority of Cumberland County (the "Condemnor") filed a Declaration of Taking with respect to the premises located at 68 East King Street, Shippensburg, Cumberland County, Pennsylvania, on August 28, 2001. 2. The Redevelopment Authority of Cumberland County (the "Condemnor") filed a Petition for the Appointment of Viewers and on November 17, 2001, the Court appointed William A. Duncan, Esquire, Chairman, Elmer L. Ritter and James Sheya, as a Board of View to assess damages in the condemnation and further orders that the Board of Views 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. 2. The Board of View served Notice of View on Christopher C. Houston, Attorney for The Redevelopment Authority of Cumberland County, Condemnor; George Douglas of Douglas, Douglas & Douglas Law Office, Attorney for Emma C. Wentzel and Frank Toth; Emma C. Wentzel; Frank Toth; Elmer Ritter and James Sheya, Board of Viewer's, by Certified Mail, Return Receipt requested. 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 February 21, 2002 at 10:00 A.M., at the site, and was attended by all members of the Board, the Attorneys for the Condemnor and Condemnee. 4. The Boazd of View served Notice of Hearing on Christopher C. Houston, Attorney for The Redevelopment Authority of Cumberland County, Condemnor; George Douglas of Douglas, Douglas & Douglas Law Office, Attorney for Emma C. Wentzel and Frank Toth; Emma C. Wentzel; Frank Toth; Elmer Ritter and James 5heya, Board of Viewer's, by Certified Mail, Return Receipt requested. A copy of Notice of View and the Return receipts therefore are attached hereto. 5. Christopher C. Houston, Attorney for The Redevelopment Authority of Cumberland County, notified William A. Duncan, Chairman of the Board of View; George Douglas of Douglas, Douglas & Douglas Law Office, Attorney for Emma C. Wentzel and Frank Toth; Emma C. Wentzel; Frank Toth; Elmer Ritter and James Sheya, Boazd of Viewer's, by Certified Mail, Return Receipt requested the Hearing schedule for Aprifl 11, 2002, be rescheduled. A copy of Notice of Rescheduled Hearing is attached hereto. 5. A Hearing was held on May 16, 2002 at 1:30 P. M. in the 2nd Floor Hearing Room of the Old Court House, 1 Courthouse Square, Carlisle, PA 17013. FINDING OF FACTS 1. The Redevelopment Authority of Cumberland County, filed a Declaration of Taking for the premises located at 68 East King Street, Shigpensburg, Pennsylvania, on August 28, 2001. 2. The former owners of the premises are Emma C. Wentzel and Frank Toth. The premises was ]ast occupied in 1986. 4. The premises is in need of extensive repair. S. An appraisal was done on the premises by S.W. Barrett Real Estate & Appraisal Services, on Apri124, 2001, the appraised value being $67,500.00 6. An appraisal was done on the premises by Cornerstone Appraisal Services, on Mazch 27, 2001, the appraised value being $67,300.00 PROPOSED CONCLUSION OF LAW 1. The Condemnor is to pay the Condemnee a just compensation for the premises, and a fair market value of the property interest remaining immediately after such condemnation, and as affected thereby, and as such other damages as are provided in the Eminent Domain Code. 2. The just compensation payable to the Condemnees shall be based on the valuation of the property on a compazable mazket value. "Just Compensation" is defined as consisting of "the difference between the fair market value of the condemnee's entire property interest immediately before the condemnation and as unaffected thereby and the fair market value of the property interest remaining immediately after such condemnation and as affected thereby, and such other damages as aze provided in this code" 26 Pa.C.S. Section 1-602(a). 3. Fair market value is defined as the price which would be agreed to by a willing and informed seller and buyer, taking into consideration, but not limited to the present use of the property and its value for such use; the highest and best reasonably available use of the property and its value for such use; the machinery, equipment and fixtures forming part of the real estate taken; and other factors as to which evidence may be offered. 26 Pa. C.S. Section 1-603. The Board of View reports that after a cazeful and impartial consideration of all the evidence submitted to it and after a careful view of the subject premises the Boazd of View finds and awazds to the Condemnees (Emma C. Wentzel & Frank-Toth) damages pursuant to the Pennsylvania Eminent Domain Code in the total amount of $67,500,00 plus accrued interest calculated as follows: The Taking $67,500.00 Interest due as of August 2, 2002 $ 1,872.52 Total Due 8-2-02 $69,372.52 less any amount paid by Condemnor to Comdemnees, plus interest at a rate of 6 percent per annum from 08-2-02 until paid in full by Condemnor. The following is the assessment of the costs of the Viewers: William A. Duncan, Chairman 5 days @ $250.00 $1,250.00 1 Irvine Row Certified Mail 29.80 Carlisle, Pa. 17013 Total: $1,279.80 Elmer L. Ritter 712 Market Street Mechanicsburg, Pa. 17055 James Sheya 35 East High Street Carlisle, Pa. 17013 3 days @ $125.00 $ 375.00 3 days @ $125.00 $375.00 Total Cost of Viewers $2,029.80 Witness our hands and seals this ~ `~`~ay of July 2002. ~~~~ William A. Duncan, Chairman ~~! FlmerT. Ritter ~. IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF EMMA V. TOTH, a/Wa EMMA C. WENTZEL, and FRANK TOTH EMMA C. WENTZEL and FRANK TOTH, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant ~G~ 2 9 2D01 ~?- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5017 CIVIL TERM EMINENT-DOMAIN PROCEEDING s~ ORDER AND NOW, this day of ~• ` , 2001, upon consideration of the Petition of the Redevelopment Authority of the County of Cumberland, the Court appoints: as a Board ofViewers 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 determiries appropriate. By the Court, P.J. F:WOUSTON168PET.WPD /~\ .•~-1 \~ IN RE: IN THE COURT OF COMMON PLEAS CONDEMNATION BY THE OF CUMBERLAND COUNTY, REDEVELOPMENT AUTHORITY OF PENNSYLVANIA THE COUNTY OF CUMBERLAND OF T13E PREMISES KNOWN AND NO. 01-5017 CIVIL TERM NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, EMINENT DOMAIN PROCEEDINGS CUMBERLAND COUNTY, PENNSYLVANIA, . EMMA C. WENTZEL and FRANK TOTH Plaintiffs v. . REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant TO: Elmer Ritter James Sheya Christopher C. Houston 712 5. Mazket Street 35 East High St. Redevelopment Authority Mechanicsburg, Pa 17055 Carlisle, PA 17013 114 N. Hanover Street Cazlisle, PA 17013 Emma C. Wentzel Frank Toth George Douglas 242 W. Pomfret St. 1 E. Burd St. Douglas, Douglas & Douglas Cazlisle, PA 17013 Shippensburg, PA 17257 27 W. High Street Carlisle, PA 17013 NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James P. Sheya and Elmer L. Ritter, directing them to view the premises of the Plaintiff. The Board of Viewers are 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. The Viewers will meet at the premises for a site view located at 68 East King Street, Shippensburg, Cumberland County, Pennsylvania, on Thursday, February 21, 2002 at 10:00 A.M., for the performance of their duties under said Order. All parties interested mat attend at said time and place to accompany the View and present their objections. By ~ Wil' .Duncan, Esquire Chairman, Board of View Certified Mail-RRR February 6, 2002 NOTICE OF HEARIlYG IN RE; IN THE COURT OF COMMON PLEAS CONDEMNATION BY THE OF CUMBERLAND COUNTY, REDEVELOPMENT AUTHORITY OF PENNSYLVANIA THE COUNTY OF CUMBERLAND OF T13E PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, EMMA C. WENTZEL and FRANK TOTH PlaintiB's NO. 01=5017 CIVIL TERM . EMINENT DOMAIN PROCEEDINGS v. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant TO: Elmer Ritter 712 S. Mazket Street Mechanicsburg, Pa 17055 Emma C. Wentzel 242 W. Pomfret St. Caztiste, PA 17013 James Sheya 35 East High St. Cazlisle, PA 17013 Frank Toth 1 E. $urd St. Shippensbvrg, PA 17257 Christopher C. Houston Redevelopment Authority 114 N. Hanover Street Carlisle, PA 17013 George Douglas Douglas, Douglas & Douglas 27 W. High Street Carlisle, PA 17013 NOTICE IS HEREBY GIVEN that the Board of View wilt hold a Hearing in the above captioned case on APRII,11, 2002 at 1:30 P.M, in the Old Court Room in the Old Court House, in Carlisle, Pennsylvania and the Court of Common Pleas of Cumberland County, Pennsylvania will assign an official Court Reporter to record the proceedings. Should the parties to this proceeding agree to a continuance or rescheduling, you are directed to notify William A Duncan, immediately. By OF VIEW Certified Mail-RRR NOTICE OF RESCHEDULED HEARING IN RE: : IN THE COURT OF COMMON PLEAS OF CONDEMNATION BY THE :CUMBERLAND COUNTY, PENNSYLVANIA REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND : N0.01-5017 CIVIL TERM OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING :EMINENT DOMAIN PROCEEDINGS STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA EMMA C. WENTZEL and FRANK TOTH, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant TO: Elmer Ritter James Sheya 712 South Market St. 35 East High Street Mechanicsburg, PA 17055 Carlisle, PA 17013 Emma C. Wentzel 242 West Pomfret Street Carlisle PA 17013 Frank Toth 1 East Burd Street Shippensburg, PA 17257 William A. Duncan One Irvine-Row Carlisle, PA 17013 George Douglas Douglas, Douglas & Douglas 27 West High Street Carlisle, PA 17013 NOTICE IS HEREBY GIVEN that the hearing in the above-captioned case previously scheduled for April 11, 2002, at 1:30 P.M., before the Board of View has been rescheduled to May 16, 2002, at 1:30 P.M., in the Second Floor Hearing Room in the Old Courthouse, in Carlisle, PA. Should the parties to this proceeding agree to a continuance or rescheduling, you are directed to notify William A. Duncan, Esquire, Chairman of the Board of View, immediately. By Christopher C. Houston, Esquire Attorney for Defendant Certified MaiURRR F:\HOUSTOfJ\3MAR5. WPD C. iv n f ; ~~ i: om ~ n ~- - - r=n c : :, ; _ <_> r_'> -~ - _, _. -~5 • ~ ; 'y •„ _` S. W. BARRET7 REAL ESTATE & APPRAISAL SERVICES Fila No. 01-0329 ~ REVIEW OF I LOCATED AT: 68 East King Street Shippensburg, PA 17257 FOR: Redev. Authority of Cumberland Cty. 114 North Hanover Street Carlisle, PA 17013 BORROWER: Redevelopment Authority I AS OF: oar2anaol i BY: Steven W. BarreN, SRPA, SRA I I I I _ ~/1 d t/~ 124-126 NORTH HANOVER STREET, CARLISLE, PA 17013 777.243.6646 ANl) FAX 717.243-8629 S. W. BARRETT REAL ESTATE & APPRAISAL SERVICES 0412412001 Redev. Authority of Cumberland Cty. 114 North Hanover Street Carlisle, PA 17013 File Number: Ot-0329 In accordance with your request, I have completed a Field Review for the following appraisal report: Address: Appraised Date: Appraiser; Supervisory Appraiser: 68 East King Street Shippensburg,PA 17257 0412412001 Steven W. Barrett, SRPA, SRA The purpose of this Field Review is to determine If the report has been prepared in conformance with acceptable appraisal guidelines and techniques and utilized appropriate data in arriving at the value conclusions. The attached review report contains the comments and conclusions of the reviewer, along with certain certifications and limiting conditions. Respectfully submitted, _. -~-~ ~~ 1 ~_____-~--~- STEVEN W,BARRETT,SRPA,SRA PA CERTIFIED GENERAL APPRAISER GA-000298-L CARLISLE, AND FAX 71 Residential Appraisal Field Review Report ile No. 01-0329 The purpose of this review is to determine the completeness and accuracy of the data in an appraisaV report and to verify the accuracy of the market va{u estimate as of the effective date of the original appraisal. The appraisal review must address all factual, judgmental, and appraisal technique discrepancie This field review Is a spot-check on the ongginel appraisal report as part of a mortgage quality review. It is not intended to be used as a new appraisal. (Plea s attach a copy of the original appraisal report to this report.) ". Pro er Addres 68 East King Street CI Shi pensburg g(aty PA Zi Code 17257 I D - o See legal desert tlon Pre art hts A r i ed Fee Simple Client Reference Number N1A E D f 0 anal is n 'e d Revl w3/27I01 Review 4/23/2001 Borrower Redevelopment Authorit R v r Steven W. Barrett, GA-000298-L om a Name Steven W. Barrett Raal Estate & A praisal Services Address 124-126 North Hanover St., Carlisle, PA 17013 Tel u 6e 717-243'8848 Soc. Sec. or a ID. er 236646.804 Instructions: The review appraiser must personally inspect (by, at least, driving bv) the exterior of the subject property and the comparables used i the analysis. Photographs ate required for; the front of the comparables; the iron of the subject; and a street scene of the subject Groperty. Addition I hotogrephs ere suggested if any adverse conditions that ware not noted in the original appraisal report are observed. (NO~E: The review apprais Ps not required to inspect the interibr oftthe subject property. The review appraiser should verify the data In the original appraisal report, using th assessment records, the real estate broker, or any other data source that he or she considers to be reliable and reasonably available.) Based on th exterior inspection of the subject and the coinppambles, a thorough desk review of the appraisal, report, and a review of the relevant market data f the subject market area, respond to the tollow)ng questions, form an opinion about the appropriateness oT the appraisal methods and techniques th were used, and indicate any areas of disagreement (giving reasons for the differences). o not limit your responses to the space provided; attach a addendum if necessar 1. Provide a sales and refinance history for the subject property for the last three years (if it is reasonably available from a data source that th review a riser considers to be r liable. Conveyance Recordation Dete Sales Pdce Asking Price Mortgage Amount GrantorlGrantee Data Source N'ot provided this a raiser 2. Is the appraiser's overall description of the neighborhood complete and accurate (location, general market conditlans [i.e., plant closings, cro failures, etc.j, property values, demandlsupply, marketing time, gen~rabppearance of properties, appeal to market, etc.)? ®Yes ^ No (If no, explain.) ACCe table as re ared 3. Is the appraiser's overall description of the site complete and accurate (zoning campllanca, apparent adverse conditions, apparent environment hazards, size, flood hazard, etc.)? ®Yes ^ No (If na, explain.) Acceptable as prepared 4. Is the appraiser's overall descrl tion of the improvements complete and accurate (property description, depreciation, condition, apparen environmental hazards, etc.)? ~ Yes ^ No (If no, explaih. cceptable as repared 5. Are the design and appeal, quality of construction, andsize of the subject similar to others In this areal Q Yes ^ No (If no, how is the subject different?) 6. Are the wmperables used In the analysis truly comparable to the;ubject property, representative of the subject market, and were they the best ones available as of the elective date of the appralsal7 ®Yes ^ No (If no, explain and providean adjustment grid with the appropriate com- parables and adjustments on an addendum.) 7. (a) Can the date of sale (contract date and/or closing/settlement date), sales price, and sales or financing concessions for the comparables b confirmed through the data source that the appraiser indicated? Q Yes ^ No (If no, explain.) (b) Were the comparables actual closed or setttetl sales as of the effecnve dot®t the original appraisal? ^X Ves ^ No (If no, explain.) Fraa.Mwrenn rest use Page t of 2 FannbMee Finn 20001190 1d fatuity PraPeian TM1blam we,,eaeuratl onlhe ACl Oarelopmem PepldFOrna epiem(@]OIM4612r 7~1 Family Properties Residential Appraisal Field Review Report Flle Nn 01-9329 g. Is the specific data for thecomparablesaccurale(time, location, design and appeal, quality of construction, age, condition, size, sales or financing concessions, etc.)? ®Yes Q No (If no, explaln.) ACCe table as re aced 9. Are theindlWdualadjustmentstothecomparableseesonable and supported (time, location, design and appeal, quality of constructien, age, condi- tion, size, sales or financing concessions, etc.)7 Q Yes X^ No (If no, explain.) See Attached Grid 1g. If the subject property is a small residential income property (2.4 unit) or atingle-family investment property, are the comparable rental and expense data accurate end reasonable? ~ Yes Q No QX NIA (If no, explain.) 11. If the subject property is an Individual unit in a condominium or PUD projectls the project description complete and accurate? [~ Yea ~ No QX NIA (If no, explain.) 12. Is the estimate of market value forthe subject property reasonable as of the effective date of the appralsal'~ Yes ~ No (If no, provide an appropriate estimate of market value for the subject property and statdhe assumptions [exterior inspection only, property description and condition, etc.] that the opinion is subject to.)Sae Attached Grid 13. Has there been a substantial change in the base economy in the area since th®ffective date of the appraisal? ~ Yes QX No (If yes, please explain.) 14. If the subject property is a cooperative unit, the review appraisemusl address the completeness and accuracy of the original appraiser's description and analysis of the cooperative project and specifically comment on th®ccuracy of: (a) the number of shares attributable to the unit; (b) the pro-rata share of the blanket mortgage payments; and (c) the treatment of the monthlyassessments of the wmparable sales. l certify that, to the best at my knowledge and belief, the facts end data used herein are true and correct; that 1 personalty inspected the eMerlor of the subject properly end the camparab/es used in fhe report; that the reported analyses, opinions, and cant/unions are limited on/y by the reported assumptions and /im/ling conditions, and are my personal, unbiased prdlessionel analyses, opinions, and conclusions; that l have no present or prospective interest in the property that /s the subjec/ or7hls report, end /have na persona/interest in ar bias with Me respect fo the parties inrolved,• Met my compensation is net contingent on any action ar event rasa tram fhe 'pions, or conclusions in, or the use of, this report; and that my analyses, opinions, and conclusions were developed, is report was rep re in conlormify ith the Uniform Standards of Professional Appraisal Practice. Signature of Revie IapcSteven W. ar tt, RP , SRA -~ Date r- ' '"°~ 0412412001 s Review Underwriter's Comments Igna are o ewew n erupt er a e FradEle MxFmm iou irw Pe e 2 of 2 1J Family Prapatib rNelwmvnepmtluwdmmepLl OagvelopmaNRepiaFpas s Fannie Mm Fan„ a10o 1Mo yadm(BOp)1N8rn i~d Family Properties STEVEN W: BARRETT REAL ESTATE ~n_ ~4p, . - _ '~,.'" .~. n~ ~ - ,r~ r . THIS SUMMARY APPRAISAL REPORT IS INTENDED FOR USE BYTHE LENDERfCLIENT FOR A MORTGAGE FINANCE TRANSACTION ONLY. Pro a Address 68 East Kin Street Ci Shi ensbur State PA Zi Code 17257 Le al Desai lion See a al descri lion spun Assessor's Parcel NO. TaxY_ear R.E_.Taxes$ S aria/ Assessments$ Bonower CunentOwoer Ocw ant: Owner Tenant Vacant Nei hborhood or Pro act Name Pro'ect T e PUD Condominium HOA$ /Mo. Sales Price $ Date of Sale Descri lion/ amount of hen char es/concessions t_o he old b seller Pro ri hts a aised fee Sim le Leasehold Ma Reference Census Tract Note: Race and the racial eom oaition of the nei hb orhood are not a sisal factors. Loption Urban Suburban Rural Property values Increasing Stable Declining Single family housin C«><iormiinhasrq Built up Over 75% 25.75°/, ^ Under 25°k Demand/supply Shortage In balance Ova supply PRICE AGE $(000) (yrs) PRICE - AGE $(000) (yrs) Growth rate Rapid Stable Slow Marketin time Under 3 nos. 3-6 coos- Over 6 mos. Low Low Neighborhood boundaries Hi h Hi h Predominant-~`s ~~' Predominant`'" Dimensions Site area _ Shape Spedfc zoning dassificatien and desaiptlon _ __ Zoning compliance ^ Legal ^ Legal nonconforming (Grendfathered use); Illegal, attach desaiptien No zoning HI hest and hest use of subject ro e as im raved or as ro osed er lens ands edficetions : Present use Other use attach desal lion. Utilities Public Other Public Other Off-aria Improvements Type Public Private ElecVldty Water Street ^ Gas Sanita sewer Alle Are mere an nt adverse site cond'itlons easements encroachments, dal assessments, slide areas, etc 7 Yes No If Yes attach descri lion. Source(s) used for physical characteristlcs of property: Interier and_exteriot inspection Exterior inspection from street__ Previous appreisal files MLS Assessment and tax records Priorlns ectlon Pro art owner Other esalbe: Ne. of Stodas T a Det./Att. Exterior Walls Roof Surface Manufactured Housin Yes No Does the ro enerall conform to the net hhofiood in terms of s e condition, and consWctlon materials. Yes No If No attach descri lion. Are there an apparent physical defldendes or conditions that would affect the soundness or sWdural integrity of the Improvements or the livability of the properly? Yes No If Yes attach descri tlon. Are there any apparent adverse enNronmental canditlons (hazardous wastes, toxic substances, etc.)present In the improvements, on the site, or in the immediate vicinity of the subject ro Yes No If Yes attach desaf lion. I researched the subject market area for comparable Ilstings and sales that are the nrost similar and proximate to tfie subject property. My researdrrevealedatotel of sales ranging in sales price from$ to$ My research revealed a total of Ilstings ranging in list price from $ to $ -- The anal sis of the com arable sales below reflects market reaction to si nifcant variations between the sales and the sub'ed r e FEATURE SUBJECT SALE1 ~ SALE2 SALE3 68 East King Street 111 East King Street 56 East King Street 17 North Earl Street Address Ship ensbur Ship ensbur Shippensburg Shi ensburg Proximi to Sub ea -~ ~ ~ - - .25 Mile .25 Mile .25 Mile Sales Price $ - $ 70,800 ~ - $ 125,000 --$ 110,000 PrIcelGross LN. Area $ O.OO pJ 23.14m~` -~~~ $ $ 37.91 m - T=~ $ 35.137) ~,'~; - " ' DataBVerM. Sauces - Courthouse Records Courthouse Records - Courthouse Records VALUEADJUSTMEMS DESCRIPTION DESCRIPTION +h)sndpmnmt DESCRIPTION +(-)fodramwe DESCRIPTION +(-)sAry~.dmed Sales orfinandng ~ .. None, Conv None, Conv None, Conv Concessions _ Date of SalelTime - 7/3/00 615!00 1120/00 Location Urban Urban Urban Urban Ske .07 .17 -3,000 .19 -3 000 .10 View Avera a Avera e_ _ _____ Avera a Avera e Desi n S e 2 Sfo 2 Sto 2 Sto 2 Sto ActualA a rs. 216 7800 1800 1800 Condition Poor Fair -5,000 Avera a -25,000 Avera a -25,000 ' Above Grede Tdai ' Bdrma ' Balhn T°lil ' Bdrma ' Baths ~ _ ~~ Tdd ' Bdrma ' Bathe _ ` = T°W ' edms ' Balha - - "'--" - . Roam Count 6 I 3 1 2.OD 12 1 7! 1.50 I 600 7 I 4 1 7.50 1 500 12 1 5 1 3.00 I -1,000 (goo prey 2,928 S . Ft 3,060 S . Ft: -4,000 3,297 S . Ft: -11,100 3,131 S . Ft: -6,100 BasementandFk(hhed Full BsmU Full BsmU Full BsmU Full BsmU Rooms Below Grade Unfinished Unfinished Unfinished Unfinished Gam a/Ca on 2 Car Garage 3 Car Gara a -1,500 Barn -4,500 2 Car Garage Porches Porches Porches Porches 5 Fire laces Nona 7 500 None 7,500 2 Fire laces 4,500 Net Ad'. total ~ ~ + X - ' $ 5,500 + X - ' $ 35,600 + X - ; $ 27,600 Adjusted Sales Pnce _ ' .: " ~: i:. ° . ~ :. Gipsy 30 4,%. Gross: 41,,8°/. Gross: 33.3% of Com ambles - -- -~' Nall -7.8°h $ 65,300 Net: 28,5% $ 89,400 Net:' r25.1% • $ 82,400 Date of Prior Sales Prim of Prior Sales $ $ $ $ Analysis of any curcent agreement of sale, option, or listing of the subject property and analysis of the prior sales of subject and comparo6les: Summery o(sales comparison and value condusion: Greatest weight is given to Com arable Sale #1 due to similar condition to subject. The most Iikel range of value is between $65,000 and $70,000 due to deteriorated condition of sub'ect. This appraisal is made X "as•is", ar subject to completion per plans andspedflcotlons on the hasLs ofe hypothednl condition that the Improvements have been completed,or sub act to the followin re airs alterations or conditions: BASED ON AN EXTERIORINSPECTION FROM THE STREET ORA INfHiIORANDEXTFRIORINSPECTION,IESTIMATETHE MARKEfVALUE,ASDEFINED, OF THEREAL PROPERTY THAT IS THE SUBJEC70FTHIS REPORT TO BE$67,500. ,AS OF 4124/2001 Freddla Mec Form 2055 PAGE i OF 3 11197 ihb ronawaaprod°cadmlA°PLlosrologmMReplEFamaayem(BO°uNdttr - File No. 01 A329 DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair safe, the buyer and seller, each-acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit In this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (7) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting In whet he cons(dars his own best Interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made In terms of cash In U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions" granted by anyone associated with rho sale. SCOPE OF REVIEW: The scope of this review is limited to the information being provided by the original appraiser; form an opinion as to the apparent adequacy and relevance of the date and the propriety of any adjustments to the data; form an opinion as to the appropriateness of the epprelsal methods and techniques used and develop the reasons for any disagreement; form en opinion as to whether the analyses, opinions, and conclusions In the report under review are appropriate and reasonable, and develop the reasons far any disagreement. CERTIFICATION AND STATEMENT OF LIMITING CONDITIONS: CERTIFICATION: The Reviewer certifies and agrees that, to the best of hislher knowledge and belief: 1. The facts and date reported by the Reviewer and used-in the review process are true and correct. 2. The analyses, opinions, and conclusions in this review report arelimilad Doty by the assumptions and limiting condhions stated in this review report, and are my personal, unbiased professional analyses, opinions, and conclusions. 3. Unless stated elsewhere, I have no present or prospective interest in the property that Is the subject of this report and I have no personal interest or bias with respect to the parties involved. 4. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this review report. 5. My analyses, opinions, and wnclusions were developed and this review report was prepared in conformity with the Uniform Standards of Protesalonel Appraisal Practice. 8. Unless stated elsewhere In this report, I did personally inspect the subject property. 7. No one provided signliicent professional assistance to the person signing this review report. CONTINGENTAND LIMITING CONDITIONS: The certification of the Reviewer appearing in the review report is subject to the following conditions and to such other speciflc.and limiting conditions as are set forth by lha Reviewer in the review report. 1. The Reviewer assumes no responsibility for matters of a legal nature affecting the property which is the subject of this review or the title thereto, nor doss the Reviewer render any opinions as to the title, which Is assumed to be good and marketable. 2. The Reviewer is not required to give testimony or appear in court because of having made the review, unless arrangements have been previously made therefor. 3. The Reviewer assumes that there are no hidden or unapparent conditions of the property, subsoil, or structures, which would render it more or less valuable. The Reviewer assumes no responsibility for such wnditions, or for engineering which might be required to discover such factors. 4. Information, estimates, and opinions furnished to the Reviewer, and contained in the review report, were obtained from sources considered reliable and believed to be true and correct. However, no responsibility for accuracy of such items furnished the Reviewer can be assumed by the Reviewer. 5. Disclosure of the contents of the report Is governed by the Uniform Standards of Professional Appraisal Prectics and the Bylaws and Regulations of the professional appraisal organizations with which the Reviewer Is affiliated. 6. Neither all, nor any part at the content of the review report, or copy thereof (Including the conclusions of the review, the Identity of the Reviewer, professional designations, reference to any professional appraisal organizations, or the firm with which the Reviewer is connected), shall be used for any purposes by anyone but the client specified in the review report, its successors and assigns, professional appraisal organizations, any state or federally approved financial institution, any department, agency, or instrumentality of the United States or any state or the District of Columbia, wlthdut the previous written consent and approval of the Reviewer. 7. No change of any Item in the review report shall be made by anyone other than the Reviewer and the Reviewer shall have no responsibility for any such unauthorized change: REVIEWER: ~_~ ~ %~~JJ'~'' Signature ~•~ - Name Steven W. Barrett, SRPA, SRi4 Date Reoort Stoned 0412412001 State Certifieatlon # GAA00298•L Stara PA Or State License # State Certified General Appraiser SUBJECT PROPERTY PHOTO ADDENDUM Borrowaf: Redeveto~inentAuthorlty ___ __, _~._.____^__._,_ _ FileNo,.. Ot-0329 PPOLi9'fltAddPe55: &8 East Ktng Sired _. _. - _..~ __.. _ . _ Case Na ~_ 6fi}'. ShiePenarbusB ----.._._.-__ ____ _.. _. State: PA . _ ~_..._ Z~ 17257 Lender: FRONT VIEW OF SUBJECT PROPERTY Appraised Qata:APNi 24, 2001 Appraised Value; $ 57,500. REAR VIEW OF SUBJECT PROPERTY STREET SCENE ~d~,~lC~,~v~ ~ ~ OR(G1NAL COMPARABLES PHOTO ADDENDUM Borrower: Redevelopment Authority Pile No.: 01-0329 P%,neertXAddress;88 East Kin# Street Gase No.: Ci4y: SN:ppepsbwp State: PA Zip: 17257 Lender: i 1 T == ;:.. _ _ ~ ~', COMPARABLE SALE #7 58 East King Sale Date: Sale Prica: $ COMPARABLE SALE #2 111 East King Sale Date: Safe Price: $ COMPARABLE SALE #3 North Bird Street Sale Date: Sale Price: $ ~~h t'~wlndr~ ~ 3 Borrower: RedevelopmentAuthorify FileNo.: 01-0329 ProGertVAddress: 68 East King Street Case No.: try: Sbtppensburg State: PA Zip: 17257 Lander. ~;orrrerstone D\ppraisal Services , rl~aNO. ~~~-v:, LIMITED ONE-FAMILY RESIDENTIAL APPRAISAL AND SUMMARY REPORT n"peny ndln.5s68 E. King Street cllySh ippen sburg sill.. Pa ., _zlp_[:Ndq 17257 1 gap,mlpln'133-34-2415-17 (•"nrv Cumberland v n P, ,I'P,:PINn 33=34-2:415.-17 Inx/flnr nt.IP.P,S =Iwrrdn,ng5,lnmrl.. 65,160 w m on[,Ipalll [, owrrPl ~_~ Ixll:rrll ~g~ Varalll I1VrlNwgr Redevelopment Auth::"'IPr,l r,w,,., Emma Toth ' "~ rn t Nm ILmbuntl urlw INgnrtl 1`rV 11 ~~ 4',N ~ J CNrnlmnndum IIOA: !M1W e' re~ Aoro Historic District 1°` Y''" SPlaa Ib•n S nPltl NI Stlln ' - ' Ilmnlplum I s uunmm ul IVPU rhulgnalrnnce,nnn, to be pail Ly ,Pllxr nVl'tlr1Y'INI~I)m•IIIalYtlrl fqq Sllnple IPPtig lluld Minxl. 33-34-2415-17 f'n Y,IIP.r 1~2 C] N"IC I~w stl,M ,Yx111 curyOYlann W ,N I„IalLolrxxa.. rM NpprfNra fxc,N.x. rnxlnr. nmgl nxnx~ly onlrlx, Lr. ..n slnln. ur,r~errO1° lxrPL„rr IlrLnrr ^ ~ r ^ LJ rope C~ C7 1 S:gL;miylYwnq Ilandrmi~w,l,uudy ' O r1 1 r 1 In LalPm u nvnr YuyplV n Iln"m )5W. 1mwn"/514'ply LJ ^•Lm la4n Pwll u" rlwr In'W L 95 Ifi Mr ~ ~ J ruu;p net S IIrO'll (vl,) a rnusnl +nrLCl n S It111r11 IVLI ~ f A (.`~ 11 f lvl Ovm a unn nmwNr Ixl I I llalnll IN tilOblq I__I %Inw MxlY~nmg Ilnln L,_I ^lidxl a mus L. 19 11 now rt n Q / l uw 1 V O I I nw 1 ~' W ul l..xnnlnrun " NnlVbhrnln Within the Historic 15'xstrict of S-burg p]] ILeL '1 ~R t fi~ ILWI 2 ~ ~ ~ I l xrl„r,rllumll I III l,xdnrrml"Irr I I z 0 72 8 nm,nll„xn80 x 110 Srl, nrnn3, 300 or -7. 5 ~ "'1'" Rectangle FEMA Special Flood Ilazald Area __ Yes ~ Nn epn[Ihr: nulmy~Insvlxnnnluntl dP,n4n"'" Commercial 1 FEMA Zone Map lJale ul Innrnq cungnnm:+ Ingal ingal Nmrtonlmrnmq llbflwllauuntlll lnrl No n~ning FEMA MaP Nu. ~.~ ~~ ~. r Uulitiea Public Ulher Public Cher Otb site ingNOVenlenb 'I ype Public Private Electricity [ water lX j Sweet Macadam ~~ (J X ] 7 ~ , 1 I f f 7 Gas LhJ Sanitary Sewer IJ Alley _ _ (.J L_.~ Arq IIIgr" ir1Y al•IIIIr Orr\ PdVNIYn YrIB COllrllllOrn IBq,nlnxl119, q ir:IrIIIPrIIY, , rnf.itll PYS"Y,Innlrll. 911dr1 nI+P,, glf.)1 Yn, NO 11 Yea, eNPrll Jnnfrl nrnn SOmrnlsl mPA Inr leryinral clurnra"n,bCq OI Ixn Vml y _ Inlmim aP d g xlnnm in,Vx[Ilun farnul IuSpe[Ilnn Irnm yubliC fir Pql ngmnuY npµ m,ql M1ln, 1 7 lI [ ~~ 1nl . [~ ns,x,vnnm +nJ'lnaracVlb.[J 14rn In;puruml lbl IL4un lyu nm Cl Ullun 111 N11m.,IltlcL dtlacnpnnnl i N"xl4a,n,x, 2 t~p,:IC~yIP+ 2-story n.1,ralnnP,Y„, 216 4,Im,m`Na11i St onejStucco W E lypn Itlnl.lnu IDe ached Manuleclwgrl llnuSe'- lllnctivx A a IYn.I Wool Smbcn M W IIIII,IIPd PIga mM ludo comuin, Ilnnru+l+I. nmLnonll,l, na114tl1, 54Verx lxnl "I r;ln,s l,IVin nIP:N Q IIVn IM1tl Ixoyw ly generally conlarm to Ihu narghb"rhood m mrne ul mylq, condemn, vet cmnuuca"n IngmnalP Yes No II N", cloth de,r:nnunn a ore mrrr, allr rlry,m,l n+hrlgrrran, m [nnddmo, mar wxrun gnnu d,n eminn"n,. xl ,u,rr~n,rnl xuxNrlly rn Ilrn IlurNnxxmxnN xl mP ovanllnv tll mn nrmm~ly, - [~ Yq, (] NI, nYq,,allxcl,dx,cllpllm, Crack in stone dwelling in the rear Arx IIrmP xrrY nil VrnW mlVxunnlxnlnl f"xrL1101N ILai RrrlOll, wx,lgv. Ix.x. S"L91g11r'n':, nl[ I nlnexirl In Ilnl Ilnl+r VnrxulNV, nn IL" RIIn, pl rI11Ltl Ilnlnndlil" wr.iIIIIV ul ln+ ^VLx•~ I l+limnly, Y„ Nx nY.,..1,aI:Ir,1P,ur Iltl".None observed I Ifl,narclmrl IIIP ,nhrecl mrllYPl MnP Inr cgmpPlPLltl Il,ling, Plnl ,qla, ILaI RIB Illn rxnat ,IlnllPl and Ixn YImaIP lu Ihq ,uLlna'I InnnnrlY ba,oA On the InlluwlrrV °,rcllp:lr"'^..Irlr, All sales in S-burg Historic District D"'°"°"'f"'"""«"'"r""'I'"'""'«' Court House & Local Realtors MY:N,aix[I~ ixvnalxd x n•IPI nl 5o wmpyrn Lin Y«ns rxngNlP m.aln, yarn Lulu : 4 5 , 000 Ins 110 , 000 Mylnr.nrLrnvaalnJarVlalul 3 r•rringlgLlxII,IInp,InllprrlNrr,LeIINIrrIII,m565,o0o INSloo,ooo I I II I ul l ~ M1VIN.1 I'11U11 N IIIS Illnit'4 NI I III' Mns l !ilMll All AND 4'nIINIMA IL l1UMINlln1111 ':AI I : IU III( Sl11Ul C 11'IIJI'4111 V IN IIII: NLIGIIIIUn11uON I~I I:M I SUUJECt SALE 1 SALT 2 ;:ALE 3 68 East King Street 111 E. King St. 56 E. King St. 17 N. Earl St. Address 33-34-2415-75 33-34-2415.-2.0 34-34-2415-106 Pro%nmty to subject rd Property rd .property N. E.3r.d _prnpgerty S.W ~ 1.5 blocks .,ales PNCe S - - 9 70 , £300 +12 5, 000 I s110 , 000 _ . Price/Gross Liv. Nee S_....- . - ~L~ 523 • 14 ~L.I I 537.91 ~ I_ _ S 37 .09 [( ~ I _ uygK VmdP Pllnn $xw[xY nspe ~t.i on....._. Lnsp.ec_tion_ - Gourt.__House_. _,_.,. Court House _.- . , VALUE ADJUSTMENTS ......AESGAIP.TIO:N -. ,.' DESC8IPTION 41 15 Adl. DESCRIPTION ~ t11 s. nni U@SCRIPTION .115 ndl sales or Financing Conv . Cony. Conv. Concessions - _ Date of Sala 3/26/01 7/3/00 6/5/00 _ 1/20/00 Location rban Urban Urban Urban Leasehold/FeaSmlple ee/simple Fee/simply Fee/simply Fee/simple o-i Site/vie5v ,0-j .17 ;-3000 .19 5000 .10 - a Uesien IStyiel -story 2-story.'. ~ 2-story 2-story Z Actual Aye IYIS.) 216 1900 1800 ~ 1800 ~~ Z Condition poor Farr ''.;;~ ~, X7000 Av ra a -85,000 Average - X22,000 O Abe VP. titddC lantll I Ildnm IlPlln IuIPI Ilduna IGilln ~ IVlul Ildunq 11g1h, ~ lulal Ildnla Oalhr 6 ~ 3 ~ 2 1.2 7 : 5 ;{- 500 7 Room Count { 4 .5 j+ 500 12 5 3 -1,000 . _GrpgsLivmgAlea, 2x928 sq.Ft. 3.x060 Su.Fr...3960 3x2.97 sq.FL~1,.070 3, 131s4t.Ft.;_6,090 o easumelltnreaand FU11 FU 11 FU 11 FU11 " Finishod fiovnls None None None None ~ N Garage/Cagamr 2-car 3-car X1500 2-s-barn 4500 2-car nlnlloltios porches P o rches j Porches I Porches ~ € Nel Ad. Itotall 5-f'p' - r~; ~'no~te'*7500 ~~p~j none+7500 2 '+4, 500 7460 ' ° ~ •I~ 37, 570 Ad)usled Seles R¢e ° 24, 590 1 of COmpa/ables - 563,340 IS 87,430 I 85,410 S u.IP.nrr..,x, o"" No prior.s~al No prior sale No .prior sale No--prior sale smNnP m. nrxr FxLY nl sr,L,nnl mid C"Ir'Nxrae'Itl5 within -'year ~~ within 1-yr. within t-year wi+hin 1-year Ax"Iy915 "1 nrrV r'1xn1111 xNrrl xnnVl nl ,xIP, Vylrmr, ul IrYmiy ul tLx 411LIUV1 ylrrlwrlY uVd PIIPIy[r9 x1 III, I+Inr vrlx, nl ]I 1 V • .r,"`Ixml""pmtlLl"' No prior sales or listings of subject or comparables used s"""""'y"'"'"""""""""°^"'"°"""'^°"" This is a reasonable estimate of value for this Early American 2-story dwelling in a.. Historic District. There are a large number of repairs needed on th..s.propertyto bring it up to local code. 'Due to location and condition`-Sale # 1 best represents the subject. IL • g4nm,lrl redo ~I "„ r, ur ~, xNLprl NI Ihn L Ilnw'ny rxl nu, x11P ul u aOmNpnn°. Appraised as is with a large number of rp'y airs needed- _- Mai;polaN I~i[IftIX111 O61EC110IIAgY IIE AIYIC atntiy 5Jn 1W I l NIfla4an aNnta:IEWUP M6 Rl'INIII.IF.571Y111E 11F.1U11AFy VMIE, IIS IfieE15, 5X 15(IEAI ^1 Ra)eE111Y IINIR IIF S'11LLEL'1 O/IIK RrR)NI IOIIF 5 67,300,00 ,AS llf 3/27/01 boors nlxs POMIVI 11 Wxrw Im AI`IVUwI Ibl'nrl nPNn 1 0l VMxv 1 nun RI"ih / N1. hIC51mmLNl Mt^. n14vn ,ul M1t,l l,.vxL l•n xm la4Y+)agl a)NJ -.?ur< I .. r. - 1i1J1Ir61 Jk UIICH~~rit15i11 JBIVIC@S I r~-~! LIMITED ONE-FAMILY RESIDENTIAL 'APPRAISAL AND SUMMARY REPORT Pro~eet Irlforlnalion for PUDs (lf applicable) - - Is the developer/builder in control of the Home Owners' Association IHOAI? Yes No Rpvide tM rollowine inlorms[ion for Pl1De only it tM developer/pudtlar is in conxol of the HOA end the subNcr prppelty is en atlachetl dwelling anti: Total number of phases N/A Total number of units N/A Total number of units sold N(A Total number of units rented N(A:,;= ~. . - Total number of units for sale N/A __ _ _, Data Sourcels) N/A ___ -- Was the project created by the conversion of existing building into a PUD? ^ Yes ^ No I4 yes data of converston: JA _ _ _, _ j Does the project contain any multi-dwelling units? Yes ^ No Data Source: N(A .____,_ - - _.__. .. ..._. ~ °" No If No, describe status of completion: N(A _ __ _ Are the common elements Completed? ^ Yes Are any Common elements leased to or by the Hame Owners' Association? ^ Yes ^ No 11 yea. attach addendum tlescrNing rental terms end options. ' Describe common elements and recreational facilities: NIA _. _,__ Project Information for Condominiums Ilf applicable)- -Is the developer/builder in control of the Home Owners' Association IHOA) Yes No Provide the following information for all Condominium Projects: Total number of phases N/A - _ _ Total number of ynits N/A _ _ Total number of units sold N(A__.,__ _ _.____ -_ Total number of units rented NjA _ _.. .... .. Total number of units far sale N(A___ -,.__ Data Sourcels) NfA___.-__ .___ _._... 2 Wac the project created by the conversion of existing buildings into a candomtnium? ^ Yes ^ No If yes, date of conversion N(A. .___ Pfejett TypB; ^ Rimery flasitlanee ^ eecontl Home ar flaoreationel ^ flaw or Townhouse ^ Gerdan ^ Midriu ^ Mighrice ^ ________,__ 0 Condition of the project, quality of construction, unit mix, ate.: NIA _-_., ___._.--J_ _ __._.____-,.,___ _, 0 Z - ..__ ____~_..__ _ V ~_____-_-_ .__ Are the common elements completed? ^ Yes ^ No If No, describe status of completion: N(A _______ __ ___.___________ _ Are any Common elements leased to or by the Home Owners' Association? ^ Yes^ No are,, each eadenavm aeurming.wtu r m. ens ophpn:. Describe common elements and recreational facilities: N(A, _ _ _ DEFlMTION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each' acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the Consummation of a sale as of a specified date and the passing of tide from seller to buyer under conditions whereby: 111 buyer and seller are typically motivated; 121 both parties are well informed or well advised, and each acting in what he considers his own best interest; 131 a reasonable time is allowed for exposure in the open market; IAI payment is made in terms of cash in U.S. dollars or in terms of cash in U.S. dollars or in terms of financial arrangements Comparable thereto; and 15) ilia price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. Adyuetmants to the Comparables must 6e made for special or cnzative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative ~fiDancing adjustments tan be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a meehanieat dollar For doctor Lost of the financing or concession but the dollar amount of any adjustment should approximate the markmt's reaction to the financing or Concessions based on the appraiser's judgment. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTMC~NT AND LfMIT11VG CONDITIONS: Tha. appraiser's certification that appears in the appraisal report is subject to the following Conditions: 7. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser aswmes that the title is good and marketable and. therefore, will not render any opinions about the tide. Tha property is appraised on the basis of it being under responsible ownership. 2. The appraiser has examined the available Nood maps that are provided by the Federal Emergency Management Agency for other data) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, expressed or implied, regarding this determination. 3. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 4. The appraiser has noted in the appraisal report any adverse conditions Isuch as, but not limited to, needed repairs, the presence of hazardous wastes, toxic substances, etc,) observed during the inspection of the wbject property subject property or that fie or she became aware of during the normal research involved in performing the appraisal. Vnless otherwise stated in the appraisal report, the appraiser hoc no knowledge of any hidden or unappatant conditions of the property or adverse environmental conditions {including the presence of hazardous wastes, toxic substances, etc. t that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, expressed ar implied, regarding the condition of the property. The appraiser will not ba responsible for any such conditions that do exist ar for any engineering or testing that might be required to discover whether such Conditions exist. Because the appraiser is not an expert in the field of environments! hazards, the appraisal report must not be considered as an environmental assessment of the property. 5. The appraiser obtained the information, estimateg, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them` to,be true and correct. The appraiser doesnot assume responsibility for the accuracy of such items that were furnished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 7, The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraisef's identity and professional designations, and references to any professional appraisal organizations or the firm with which Hre appraiser is assdclatadt to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer; consuhants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District or Columbia; except that the lender/client may distribute the report to data coltacdon or reporting servieeis) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to Me public through advertising, public relation, news, sales, or other media. FrnNs Mu Mrktgp Undsrwritar Appreiral RepoA MCa Form lOfl MDB, a Division of ACI Dewiopment 1800189]-]]93 Pape 1 of 3 Fannie Mae Form 1054 Y85 i ~.prners~~ele s>,p;.~sretsi3a ~e:vaces ~ LIMITED ONE-FAMILY RESIDENTIAL "APPRAISAL AND SUMMARY REPORT ~ APPRAISER'S CERTIRCATION; The Appraiser certifies and agrees that: 1. I have researched and analyzed-the comparable sales and offerings/listings in the subject market area and have reported the comparable sales in this report that are the most similai and proximate to the subject property. I further certify that: 111 adequate comparable market data exists in the general market area to develop areliable sales comparison analysis for the subject property; 121 the highest and best use of the subject property as improved is its present use; and {31 the current use is legal under applicable zoning regulations and ordinances. 2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and 1 believe, to the best of my knowledge, chat all statements and information are true and correct. 3. 1 stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. 4. I have no present or prospective interest in the property that is the subject of this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, age, marital status, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property or on any other basis prohibited by law. 5. I have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. 1 was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific-result, or the occurrence of a subsequent event in order to receive my compensation andlor employment for performing the appraisal, 1 did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. I performed this limited residential appraisal and prepared this summary report based on an exterior inspection of the subject property from the public street (unless otherwise noted in this reportl. The purpose of this limited appraisal is to estimate the market value o} the real property that is the subject of this report based on the saxes comparison approach to value. This limited appraisal and summary report, which is the result of a limited appraisal process, is in conformity with, and subject to,'~the Departure Provision of the Uniform Standards of Professional Appraisal Practice and complies with the reporting requirements for a summary appraisal report that wave adopted and promulgated by the Appraisal Standards of Professional Appraisal Practice and tompliec with the reporting requirements for a summary appraisal report that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that ware in place as of the effective date of this appraisal 1 further certify that I had adequate information about the physical characteristics of the subject property from reliable sources to develop this appraisal. Th• cost and income approaches to value were not considered in this appraisal at the client's request. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate of marketing time (have developed is consistent with the marketing time noted in the Neighborhood section of this report. 6. I have personally inspected the exterior of the subject property and the comparable sales listed in the appraisal report from the public street (unless otherwise noted in chic report.) If I did not inspect the interior of the subject property, my description of the physical characteristics of the subject property is based on reliable data sources such as, but no limited to, MLS information, assessment and tax records, prior inspections, previous appraisal files and/or information provided by the property owner as noted in this report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have considered these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. I further certify that no one provided significant professional assistance to me in the development of this appraisal. ;~~ Signature: ..- Name: Rev R. M Company Nams: C rstone sisal Services Company Address: 400 N. Earl Street ______ _____,.._ _.,,,,_ Dots Report Signed: A;oril_ 10_.2001 _______. State Certification #: fill 000688 - L or State License #: ______.._~.__ State: Pennsylvania Expiration Data of Certification or Ueense: June 30_x_2001___ Noma: Chris; Nous ton _, __ _ Company Nama: Ct~berland Cotmt~ Retlevel~ent Authori~ _ __ _ Company Address: 114 N. Nanover Street Carlialer_PA 17013 ______ ADDRESS ~ PROPERTY APRiA1SED: 68 &. [ling Street Shi_ppmsbyrq _PA„17257.,,.__,.,,_ ______ Fapma Maa Form 20fifi MCe, a Oiviaion of ACI Development IB001 89)~AB3 Page 3 0/ 3 MCS Fwm LDP 400 North Earl Street SHIPPENSBURG, PA 17257 (717) 532.8377 FAX (717) 532.5514 ADDENDUM: 68 East King Street Old Sales - to add support to value. 21 N. Prince Street 7-2-99 $ 85,000 2,522 s.f. = 33.70 46 S. Earl Street 12-17-99 135,000 4,279 s.f. = 31.55 23 N. Earl Street 1-11-99 70,000 2,080 s.f. = 33.65 60 E. King Street 3-23-99 65,000 3,376 s.f. = 19.7.7 Older Properties Pending Sale 226 E. King Street .3-30-01 $ 109,000 1,863 s.f. = 58.51 APPRAISALS CONSULTING SALES Built in 1773 - older than subject - remodeled and restored Having 2 f.p. - no garage - no a.c. - frame shed 8 x 12 = 96 s.f. Purchased in 1986 for $ 63,000 - under Deed 32K007 - If subject could be restored in same condition - the subject would have a value of $ 171,000 however „`the present owner believes his property has a value of $ 150,000 - in its present condition. I hereby certify, that I have inspected only the exterior of the subject property, as of March 27, 2001 and depart from any value pertaining to the interior - because all information was received from the Owner and public records. The statements contained in this appraisal and upon which the opinions expressed herein are based, are true and correct to the best of my knowledge and belief. Authority ____ _ Front &~r~=y_C»berland _.... __.~_. F~,gl ,Ne, 501_078_ ,. _.. State PA ,___ ZIP~C~e _17257,_ __ _______ Rear Fofm PP3 Cornerstone Aooraisal Services MCS, a Dmnaon of ACI D~wbomem 18001 B9JJla3 • MAP SKETCH ADDENDUM , ,~orrowerlCllent RaAavannman/• A»i•hnri ty of CumhPrt and County for Shippensbura _ Property Address fi R E. K ,,TLg__.S t r e e t Clty ShiAnensbura County Cumberland state Pa. zlpCoae 17257 6enderOwner - Emma W. Toth Deed 19H286 BUILDING SKETCH ~nApy~ ~ , of-i~ r e, sf~« ~,. / •s`in+/ jc r'~ a - sf~.,,~ ~ ., ,~..- 3 s' vax t ~ = 8.?8 x )- r~t2 .2 91 J' ~B~:J~i~S ~~ t_!?rATION MAp '~*SI ~R.IFCT acnP~e ~P>•F IPAtL ~'.. ~`' . ~ ~~; ~~. • 1 • ~ v / e° ~ ~~ -": SH/PPENSBUAG r•\ ~',INOUSTRlAL ~~'PARK - L`, .os ~.r,,%,, s \' y, ' "~.s. j _ ~. FW-70AI1004A P123 c 1964 Forms antl Worms"Inc., 315 Whitney Ave., New Haven, CT 06511 All Rights Reservetl 1 (600) 243-4545 Item k 112150 °~ww ~= cr r- ~ ~ " ^ n _~_ ~'- - _ - _ _ ~ _? - - -- • ~_ p r ::~ C)' l _ awJ WRIT OF POSSESSION (Ejectment Proceedings PRa/P 3160 - 3165 etc.) Redevelopment Authority of the IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA County of Cumberland vs. FYanlc 'IbtYt, Q~e East ;3n:d Street. Sl~'g )~ FMte C. Ui~ttzel., 242 W. 1~~et SIYeet, (lisle S No. Term No. 2001-5017 Civil Term Costs Atty. $ 60.50 PPff (s) $ Prothy. $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: Redevelopment Authority of the County of Cumberland Plaintiff (s) being: (Premises as follows): 68 East King Street, Shippensburg, Cumberland County Pennsylvania (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Curtis R Lona Prothonotary Prothonotary, Common Pleas Court o Cumbe • and County, Pennsylvania Date July 31, 2002 By. ~~ ~, (SEAL) ~~ Deputy b rn -, w -, a. a 0. N m a 0 0 ro °~ r (D N 0 r w b b a o ~ rt 0 ~ ~ ~ ~ G ~ o ~ rt O m ~ h- W ss to ts3 ss o ~ ° 0 0 M~, ~ z '~ ~ ~ by ~ ;t+ ~ m ~, o r (~ ray ~ N ¢ ~ Z ~y ~ d~ ;s+O m rt nO Q °`O ¢~ n Zn c `~" °~' `~ 'y< ~ ~~ xo„ b~ ~ ~ o rr 2! z n~ ~ m r~n`ti o ~ ~ G C ~ zo ~~ 0 0 By virtue of this writ, on the 30th day of August 2002 I caused the within named Redevelopment Authority of the County of Cumberland , to have possession of the premises described ~LC~:I~}~~tXt~~It`~II~~'tId 68 East King Street. ShippensburQ, PA Sheriff's Costs Advance Costs: 150.00 Sheriff's Costs: 98.53 Surcharge 20.00 X1.4/ Poundage 1.93 Prothonotary 1.00 Refunded to Atty on 8/30/02 Posession 30.00 Milage 27.60