HomeMy WebLinkAbout01-05998
JOHN BILLMAN,
PLAINTIFF
V.
~ STEVEN FINKEY, JR., MELISSA 4.-
~t0l~OBJ~()N"J STEVEN FINKEY, m.~R.
AND JOANNE FINKEY,
DEFENDANTS
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: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - NO.
01 - .s'99-f
OF 2001
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ENTRY OF APPEARANCE
AND
PRAECIPE TO ENTER JUDGMENT
TO THE PROTHONOTARY:
Please enter the appearance of Melissa K. Dively, Esquire of Salzmann, DePaulis,
Fishman & Morgenthal, P .C., on behalf of Plaintiff and enter judgment against the Defendants,
Steven Finkey, Jr., Melissa Robinson, Steven Finkey, Sr., and Joanne Finkey for the amount of
$1,017.38 in the above-captioned matter.
Date: October 15, 2001
Respectfully Submitted,
SALZMANN, DEPAULIS, FISHMAN
& MORGENTHAL, P.C.
By;-Yi <, =>
Melissa K. Dively, Esquire
Attorney LD. #36780
455 Phoenix Drive; Suite A
ChambeTsburg, P A 1720 1
(717) 263-2121
Fax (717) 263-0663
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Mag. 0181. No.:
. 09-3-02
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OJ Name: Hen.
NOTICE OF JUDGMENTITRANSCRIPT
P~AINTIFF' RESIDENTIAL LEASE
r:c' NAME and ADDRESS
BILLMAN, JOHN
P. O. BOX 56
NEWVILLE,PA 17241
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HELEN'B.. SHULENBERGER
Addrei"p .'0/ BOX 155 .
"f7W. BIGSP~ING AYmroE.
NEwVILLE,PA
. T"'PhOO" (717) 776-3187 17241
-'
VS.
JOHN BILLMAN
P.O. BOX 56
NEWVILLE, PA 17241
DEFENDANT: NAME and ADDRESS
'ri
FINKEY JR, STEVEN, ET AL.
53 BIG SPRING AVE. APT.# 3
NEWVILLE, PA 17241
L
Docket No.: LT- 0000131- 00
Date Filed: 9/26/00
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THISls,tONOTIFY'~LiTfflAt:jj .
Judgment:' FOR PLAINTIFF
[!] Judgment was entered for: (Name) BILLMAN. JOHN
r::l Judgment was entered against FINKEY JR, STEVEN
lXJ Landlord/Tenant action in the amount of $';'/ 1. 017 ~38 on 10/09/00
The amount of rent per month, as establisH~d)21the. DlsfricfJustice, is $
The total amount of the Security Deposit is $ '.. 100.00
Total Amount Established b'lDJ Less' Security Deposit ApQiifld - Adjudicated Amou8t
Rent in Arrears. $925.00 - $ '.' Uo = $ 925.0
Physical Damages. Le. asehold Property $ .00. $ .00 .... $ .00
Damages/Unjust Detention $ n n - $ . n n $ . n n
Less AmtDlle Defendant from Cross Complaint";"~ . 00
Interest (if provided by lease r .... .. $ n n
UT Judgment Amount $ q2o; no
Judgment Costs $ 92 _ 38
f,'1lI,~~ttorney Fe~s $ . 0 n
Total Judgment $ 1,017.38
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$ ~.. //.0'
. , $ , ,/.; 7 .:fr;:
t'~" ~
Certified JudgmenlTotal " $ ..
Ime 0 eVlc Ion. ."" ..! ',,.l
o Defendants are.jointly and~eve~lIyliable.
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In a
. (Date olJl1dgment)
425.00.
o
o
~
Attachment Prohibited/
Victim of Abuse (Act 5,1996)
This case dismissed without prejudice.
Possession granted.
12sst Judl.J" ,,,,,,t Credits.
Post Judgment Costs
o
o
o
o
Possession granfed if money judgment is no sa IS Ie
Possession not granted. ,
Levy is stayep faidays or'D generally sta'yedF
Objection to Levy has been filed and hearing will be Itleld:
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IN AN ACTION INVOLVING AR~SIDENTIALLEASE, ANY PARTY HAS THE,FlIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE--6F ENTRY (j)F JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF CO.M~N PLEAS, CIVIL DIVISION. THIS APPEAL WILL. INCLU.DE AN APPEAL O. F T.~.HEM9.~ ~,EY..I.'~UDGMENT, IF ANY. IN
ORDER TO OBTAIN A SOPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY~LEfIi< OF,COUR,S THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL.IS FILE;!l)',,';' \ ',""j "..
IF A PARTYWISH,ES TO AppEAL ONLY THE MONEY PORTION OF AJUDGMENTINVOLVING A RE$)D!'NlJAL LEASE, THEP~RTY HAS
30 DAYS AFTER'THEDAtE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NO,ICEOFAPPEAL~:rfl TH'E.PROTHONOTl\RVj,CLERK OF
COURTS OF THE CouRT OF COMMON PLEAS, CIVIL DIVISION. ' . ", i . ;
THE PARTY FILING AN APPEA S . NCLUDE A.CO OF T IS NOTICE OF JUDGMENTITRANSCI'!IP~ FORM WITH THE NOJLCE OF APPEAL.
L.tl-1_tJO Date / ',OistrictJUstice
ceortl y t at t IS IS a true an correct copy 0 t e recor Ings containing.,' eJu gment.
l. '- 0 ....O~ate , District Justice
My cornmission expires first Monday of January, 200
Anpr.."l1"iA.!=jQ
SEAL
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.,", COMM,ON'We;.LT'I-l OF PENNSYIi!~~NIA'" """,1,;;,,;'4 NOTICE OF JUDGMEf:J1ITRANSCRIPT
COUNTY OF: CUMBERLAND . ... RIDEN L
M'g 0", No : . ' - PLAINTIFF' ES TIA LEASE
,. . NAME and ADDRESS
'09-3-02 ,'BILLMAN, JOHN: I I
DJ Name: HO~J~ ,,,' P.O. J;J~X'. :S'6' ~.
HEL'EN"B. SHUr.ENBERGER.. 'N!niVILrlE>'PA 1,7241
Add,~,;'P<;O.B0X 155 . .'. ..','. . ........:, ...... ";.,i, . .,'. "',
,"I'i27 t(.BIGSPRINQ AVENUE>L ::.~ "
'.' .' >N'EW:VILLE,," PA .' .:: .... ,., , . i DEFENDANT: ~ '.' ,NAM~ ~~~O;~ESS
,;"PhOO' (7.17) 776-3187 17241 'FINKEt.m.'; STEVEN; ET. AL.
53BI<fsPRING.'AVE. APT.# 3
NEWVILLE, PA. 17241
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JOHN BILLMAN
P. O.BOX 56
NEWVrliDB-; PA
-'
'. t ~ THISISJONOT1FyiQUi~AT~ :.. Jj, .
Judgment: FOR PLAINTIFF
[!J Judgment was entered for: (Name) BILLMAN. ,JOHN
o Judgment was entered against FINKEY I MELI.SA
lX.J Landlord/Tenantaction in the amount of $ 1,017;38 on 10/09/00
The amount of rent per month, as established by the Distriqt Justice, is $
The tofal amount of the Security Deposit is $ 100.00
'. . T.otal Amount Establ.ished b. Y.. OJ' Less' Securit.y D.eposii A. pQ.liSld = Adjudicated Amou8h
Rent In Arrears . '.' ,$ 925.00-$ ..... .'UU = $ . .925.
.Physical Dam...ag. es. Le. ase.hold prope..rl. Y $.' . .00. --' $ . . . .00 $ .00
DamageSl\JnJust D"!tentlon , ...... $. .' .... .. .0,0,-$ nn $. . nn
. LessAmtDue Defendant.frorn OrossComplaint 0-'$ . 00
. Interest (ifprovided.by lease) $ nn
UTJudgmentAmount $ q21i .00
Judgment Costs $ 92.38
Attorney Fees $ no
Total Judgment $ 1,017.38
.Pe~t dud;!" "" ,I Credits 5 {2 $$ ,~J./'cJ76... :~:
Post Judgment Costs ~ .,~ _ 2...
Certified Judgment Total $
o Possession granted if money judgment is no sa IS Ie y Ime 0 eVlc Ion.
o Possession not granted. ., Dpefendants are jointly and severally liable.
o levy iss~yed for days or Dgen~rally stayedl if . .: i.1 '
o Objection to Levy has been filed and hearing will be'held: ,
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Docket 1\10.; J-oT- 00.00131-00
Date Filed: 9/26/00
17241
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in a
(Date of Judgment)
425.00.
D
n
LJ
[!J
Attachment Prohibitedl
Victim of Abuse (Act 5, 1996)
This case dismissed without prejudice.
Possession granted.
..----
Date: Place: .
Time:
, ,
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIG.HT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE. OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMM,PN PLEAS, CIVIL DIVISION. THIS APPEALWILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A,,~uIfERSEDEAS, THE APPELLANT MUST DEPOSITvVlTH THEPROTHONOTARY/CLERK OF COUI\TS THE LESSER OF
THREE MONTHS RENi"i:l!'l THE RENT ACTUALLY IN ARREARS ON THE DATETHEApPEAL IS FILED. '..,.'. . ...
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OI'A'JUDGMENT.INVOLVING ARESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGME.NTIN WHICHTdFILEA NOTICE,OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE'COURTOF COMMON PLEAS, CIVIL DIVISION,
THE PARTY FILING AN A~MYS~INCLUDE A OPY OF THIS NOTIC.E OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL
l~-q~o ~ Dat~-.L? . ..~ . ." . , District Justice
Gerll y t at t IS IS a true an correct copy 0 t e recor 0 t rocee Ings containing t e JU gment.
LO-, Date , District Jusfice
My commission expires first Monday of January, 2 06.
Anpr. ~1 SA_qq
SEAL
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Mag. Dist. No.:
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09-3-02
.....4.r.1' ,
"';;:' ~ NOTICE OF JUDGMEf.l1ITRANSCRIPT
.' .. . RESIDENTIAL LEASE
. ,'11i'1:J:PLA1NTIFF. NAME and ADDRESS
~ILLMAN, JOHN' I
P. 0.BOX56 , ''''~i \
NEWVILLE, PA::\1'724:r:'j,
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D~FENDANT:" ' '. i" NAME'andA'DDRES$,
,'IpINREY JR,iJ STEVEN,ET." ,AiL'
53 BIG SPRING(,AvE.APT~#
NEWVIL~E, pA 11241
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Docket No.: LT- 0000131- 00
Date Filed: 9/26/00
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COMtqONWE:AL l'H OF PENNSYLVANIA
\ 'COUNTY OF: CUMBERLAND
OJ Name: Hon.
a~LEN~; SHULENBERGER
Add,",,, .p,.0'~';B6x"155'!' " "
2,7 'W).'" BIGSpg:tiiiGAvENuE
";'~ILLEiPA""" ", "
'!;,ip~?", (/17)776-3187, ",-17241
. <,
JOHN BILLMAN
P. O. BOX 56
NEWVILLE, PA 17241
THI,S Isro'NOTIFYVpU THAt:, .
Jull'gment: ' ,'~. ~ ,', ,~,' FOR PLAINTIFF
[!] Judgment was entered for: (Name) BILLMAN. ' JOHN
o Judgment was entered againsf FINKEY SR, STEVEN
iXI Landlord/Tenant action in the amount of $ L 017 .38an 10/09/00
The amount of rent per month, as established by the District Justice, is $
The total amount of the Security Deposit is $ ", , litO. 00
. Total Amount Established b'LDJ Less: Security Deposit Apll.li!ld - Adjudicated AmouBt
Rent In Arrears $ 925.00 - $" UO = $ 925. 0
PhYSiC, al DarT)a, geSLeas',eh,oldpropl3rty $ .00 ,',$ .00 $ .00
Damages!UnjustDetentlon ' $ ,', ~OO-:-$" :00$ .00
"LessAm!Due oefendant from Cross Complaint '-' $ .00
Interest (if providecJby leas!?) $, no
UT JudgmentAmount :$ q?<; no
Judgment Costs $ 92 .38
Attorney Fees $ nn
'rotalJudgment $ 1,017.38
Post Judgment Credits $
/"
Post Judgment Costs $ .j'
Certified Judgment Total $
sa IS Ie y Ime 0 eVlc Ion.
o Defendants are jointly and severally liable.
In a
. (Date of Judgment)
425.00.
o
[J
[!]
Aitachment Prohibited!
Victim of Abuse (Act 5, '1996)
This case dismissed without prejudice.
Possession granted.
o Possession granted if money judgment is no
o Possession not granted.
[jlevYissiayedfo( days orI] ge[1erally sfayed.
o Objection to Levy has been filed and hearing will be held: ,
Dafe: Place: ,
Time:
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, THIS APPEAL WILL INCLUDE AN APPEALOFTHE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH:THE PROTHONOTARY/CLERK OF COURTSTHE'LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARSONTHE DATE THE )>.PPEALlS f''iLED,., '
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OFA JUDGM"ENTINVOLVING A RESIDENTIAL LEASE, THE,PARTY HAS
30 DAYS AFTER TH,E DATE OF ENTRY OF JU,DGMENTJN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPE~JJ INgE A OPY OF THIS NOTICE OF JUDGMENT/TRANSCR,IPT F()RM WITH THE NOTICE OF APPEAL.
()"..9...?J ~ Date ~ , District Justice '
certl y t at t IS IS a true an correct copy 0 t e reco( 0 t e cee Ings containing t e!u gment.
(0 - S -e / Date " , District Justice
My commission expires first Monday of January, 2006.
Aopr.,,1-':;A_QQ
SEAL
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. > ..,,~01'l1M~N~~Ll't-iOVflENNSYt(~NIA "':5.:,'''''- NOllCE OF JUDGMEri1'/tFfANSCRIPT
'\, \:ot:JNTY of:' CUMBERLAND. or RESIDENTIAL LEASE
It '>.Mag, Dlst. No.: \. .' PLAINTIFF: ' NAME and ADDRESS
· 09-3-02 '''::"BILLMAN JOHN
. - , '. '
P.0.BOX56
'NEWvILL1!:,PA 17241
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OJ Name: HoA'~. \.
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HE1.EN,..B. SH\JLENBERGER
Add"" P.O. 'BOX 155, ' .,
27,W.Bi*,:p,l'1RING'A.vENiJE .
NEWVILLE,PA
T",phon" (717) 776"3187
-'
17241
DEFENDANT:
ri " ,.'.
FINKEY JR, STEVEN,
53 BIG SPRING AVE.
NEWVILLE, PA 17241
L
VS.
NAME and ADDRESS .
ET AL.
APT.#
I
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JOHN BILLMAN
P. O. BOX 56
NEWVILLE;, PA
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THIS"SrONdTlFi'tpUT~AT! ~i "'1''-''')
. Ju<'fgment: C, , ',' ~ FOR PLAINTIFF
- [!] Judgment was entered for: (Name) BILLMAN; . JOHN
o Judgment was entered against FINKEY, JOANNE
i.XJ ,Landlord/Tenant action in the amount of $ 1. 017 .38 on 10/09/00
'The amount of rent per month, as established by the District Justice, is $
The total amount of the Security Deposit is $ "100.00
. Total Amount Established b'LDJ Less' Security Deposit ApQliSld = Adjudicated Amou8t
R.enlln Arrears $ .9:.15,00 - $ ., , . 'OU = $ 925.0
physical,Dam,a ges Leasehold Property, $ ,.00 $ .00 $ .00
Damages/Un]ustlDetentlon ',. :$ . nn - $ . nn $ .00
LeSs,AmCDue Delend,antfromCross Complaint .~ $; 00- .
, . ,Interest (if provided by lease) $ / nn..
.." ut"JudgmentAmount $ q?'i. 00
Judgment Costs $ 9 '- _ 38
Attorney Fees $ _ n n
~TotaIJUdg~ent $ 1,017.38
Post Judgment Credits $
Post Judgment Cgst~ $
certiii~~fJullg~ent To al $
VIC I
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17241
Docket No.: LT- 0000131- 00
Date Filed: 9/26/00
in a
. (Date of Judgment)
425.00.
o
o
~
Attachment Prohibitecj/
Victim of Abuse (Act5,199,6)
. - "'''"''''-'~'~_,;,~,::::::.:;:,>:..>t,.",,-, '
This case dismissed withdu1 prejudice.
Possession granted.
,
,
o Possession granted if money judgment is no sa IS e - y"
o Possessipnnot wanted. , , '. i ,\r .,
.. [JLL~~y ,i$st~y;8 for , .,.-J,d~IS or'O generally' st~yeQl i
o Objection to' Levy has been filed aod hearing will bel held:
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~:~I,t1)'!!l,~aIlY liable.
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IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THI', PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COM~N PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPE~L o",rl;l~.eNEJ JUDGMENT, IF ANY. IN
ORD, ER TO ,OBTAIN A',SUI1ERSEDEAS, THE APPELLANT MUST. DEPOSIT WITHTH, E p. R. OTHpt!O:r~~Y<CL8F,\K OF'(fOURTS ,T", H, E. ..LESS.E., R OF
THREE MONTHS RENl"dR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAl)SPIL'ED. "> "~:' 'v' "" '
IF A PARTY WISHES TO,APPEAL ONLY THE MONEY PORTION OF.A JUDGMENTINVOLVI$l'Ji RESIDENTIAL LEASE'([HEP.ARTY'HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILEA NOTICE OF A'PPEAU;WITH THE PROTHONoT/l.RY/CLERK OF
~, 'o. . . .,.. . ," o.,o.
" COURTS, OFTHECOURT OF COMMON PLEAS, CIVIL DIVISION.' ;,.; :: '. . .' .. , : ,~:. ,,' , ,
THE PARTY FILING AN APPEAL U l' INCLUDE A COPY OF THIS NOTICE OF. JUDGMEN!fT~AN~C;RIPT fORM WITH tHE NOTICE OF APPEAL.
Lt!..:.1'J!M . Date P' ".. ~/ "," , Di.strfctJ~,Siice
certl y t at t IS IS a true an correct copy 0 t e recor 0 t e ocee Ings con Irtlj.t e JU gment.
0- 0 Date .. ",Distri~;JUstice
My commission expires first Monday of January, 200
Anpr.~1o."A_qq
SEAL
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JOHN BILLMAN,
PLAINTIFF
IN THE COURT ,OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VI.
l. .. STEVEN FINKEY, JR., MELISSA -*
J:;k>~ ROtmlON, STEVEN FINKEY, fR'~J
.-- j AND JOANNE FINKEY,
DEFENDANTS
CIVIL ACTION - NO.
61- .s99-; e.,u~(
OF 2001
I~
AFFIDAVIT OF NO APPEAL
COMMONWEALTH OF PENNSYL VANIA
SS:
COUNTY OF FRANKLIN
Melissa K. Dively, Esquire, the undersigned, being duly sworn according to law, deposes and
says that the Defendants, Steven Finkey, Jr., Melis~a Robinson, Steven Finkey, ST. and Joanne
Finkey have not appealed the veTdict entered agailist them by District Justice Helen B.
Shulenberger on September 26, 2000.
~~ ~
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Me lssa . lve y, sqUire
Attorney ID#36780
Sworn to and subscribed to
Before me this ~ day of
Oc ber, 2001.
.~
Notarial Seal
Laurie J. Porter, Nal8rv PublIc
Chambersburg BolO. Franldln Counlit
My Commission Expires Nov. 22, 2004
Member, PennSVlvam" A.<sociaflon of NotaMes
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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
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-5017 CIVIL TERM
: EMINENT DOMAIN PROCEEDINGS
EMMA C. WENTZEL and
FRANK TOTH,
Plaintiffs
v
REDEVELOPMENT AUTHORITY
OF THE COUNTY OF CUMBERLAND,
Defendant
~ RULE
AND NOW, this 'Jlt day of ~ ' 200~n consideration of the
Petition of Redevelopment Authority of the County of Cumberland to Distribute Damages
Pursuant to Section 521 of the Eminent Domain Code, a Rule is granted upon Emma C.
Wentzel and Frank Toth and the Borough of Shippensburg, to show cause why the award
ofthe 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:
1. Borough of Shippensburg - $ 653.24; and
" "
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1. Borough of Shippensburg - $ 653.24; and
2. Emma C. Wentzel and Frank Toth - $ 68,719.28.
And why, upon Praecipe filed, that the Prothonotary should not 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.
Rule returnable twenty (20) days after service.
By the Court,
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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
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-5017 CIVIL TERM
: EMINENT DOMAIN PROCEEDINGS
EMMA C. WENTZEL and
FRANK TOTH,
Plaintiffs
v
REDEVELOPMENT AUTHORITY
OF THE COUNTY OF CUMBERLAND,
Defendant
PETITION OF
REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND
TO DISTRIBUTE DAMAGES PURSUANT TO SECTION 521
OF THE EMINENT DOMAIN CODE
The Petitioner, Redevelopment Authority of the County of Cumberland ("Condemnor"),
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 ofTaking at the above-captioned term
and number.
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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 were 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 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
On June 7, 2002, in consideration of a Petition of Condemnor for a Writ of Possession, a
Rule was issued upon Condemnees to show cause why a Writ of Possession should not
issue upon payment into Court by the Condemnor of the sum of $67,500.
9
On July 16, 2002, the previously-issued Rule was made absolute and a Writ of Possession
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was ordered to be issued upon payment in to Court of the estimated just compensation of
$67,500.
10
On July 30, 2002, the Report of Viewers was filed with the Court which concluded that
Condemnees were to be awarded damages totaling $67,500 plus accrued interest
calculated through August 2,2002, of $1 ,872.52, for a total sum due of $69,372.52.
11
Condemnor did pay in to the Court on August 2, 2002, the sum of $69,372.52.
12
No appeal to the Report of Viewers was filed by Condemnees.
13
The Condemnee, Emma C. Wentzel, has been represented in these proceedings by
George F. Douglas, III, Esquire, and Condemnee, Frank Toth, has been acting pro se.
14
Emma C. Wentzel and Frank Toth, although married, have been living separate and apart
for many years.
15
Condemnor had understood that Frank Toth did not wish to receive any of the damage
award for the property and, accordingly, had suggested that a written Agreement be
entered into between the Condemnees to be filed along with the Petition for Distribution
of Award, subject to any liens or claims existing as of the date of the filing of the
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Declaration of Taking. Attached hereto and marked as Exhibit A is a copy of Condemnor's
correspondence regarding the proposed distribution.
16
No Agreement has been submitted to Condemnor with respect to the proposed distribution
plan submitted by Condemnor.
17
With no appeal having been taken from the Board of Viewers award by any of the parties,
the award has become final.
18
Condemnor has, at all times, been ready and willing to pay the proceeds of the award to
the proper parties in interest pursuant to the proposed distribution plan as set forth herein.
19
By reason of the Condemnees not being in a position to submit an Agreement setting forth
the distribution of the award between the Condemnees, Condemnor desires to distribute
the award made by the Board of Viewers for the reasons that the award is now final and
there is no dispute as to the total amount of the award involved.
20
Pursuant to 26 P.S. 1-521, Condemnor has made a diligent search for liens for all taxes
and municipal claims assessed against the Property and all mortgages, judgments, and
other liens of record for which the particular damages are payable, existing at the date of
the filing of the Declaration of Taking and has determined that the following liens did exist:
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A. Borough of Shippensburg v Emma W. Toth and Frank Toth. her Husband -
89 MLD 29278 filed on December 11, 1989, in the amount of $84.94; and
B. Borough of Shippensburg v Emma Wentzel. aka Emma Toth, 92 MLD 31435
filed on September 25, 1992, in the amount of $568.30;
21
Condemnor proposes the following schedule of distribution:
A. Borough of Shippensburg in satisfaction of the municipal lien filed at 89 MLD
29278 in the amount of $84.94, which amount the Borough of Shippensburg
is willing to accept in full satisfaction;
B. Borough of Shippensburg in satisfaction of the municipal lien filed at 92 MLD
31435 in the amount of $568.30, which amount the Borough of
Shippensburg is willing to accept in full satisfaction;
C. To Emma C. Wentzel and Frank Toth - $ 68,719.28.
WHEREFORE, Condemnor requests that this Court grant a Rule on Condemnees and the
Borough of Shippensburg to show cause why Condemnor should not distribute the sum
of $69,372.52, being the amount awarded by the Board of Viewers pursuant to the report
filed on July 30, 2002, from which no appeal has been taken, for damages in connection
with the taking of property located at 68 East King Street, Shippensburg, Cumberland
County, Pennsylvania pursuant to the schedule of distribution as set forth herein.
Condemnor further requests that Condemnees and the Borough of Shippensburg be
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further directed to show cause, why, upon Praecipe filed with the Prothonotary by
Condemnor that upon such distribution having been made, the Prothonotary should not be
directed to mark the Board of View award for the Property satisfied of record.
Christopher . Houston, Esquire
Attorney for Condemnor
114 North Hanover Street
Carlisle, PA 17013
717-249-0789
F:\HOUSTON\68EKing Petition.wpd
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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 Y -u~
Christop er Gulotta
Executive Director
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REDEVELOPMENT AUTHORITY
OF THE COUNTY OF CUMBERLAND
. Housing Development. Housing Rehabilitation.
. Housing Management. Homeownershlp Programs.
. Downtown Revitalization. Public FBeillty Improvements.
. Economic Development.
August 1, 2002
George F. Douglas, III, Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, PA 17013
Mr. Frank Toth
One East Burd Street
Shippensburg, PA 17257
F,,,~ , '.i E
It'-
RE: 68 East King Street, Shippensburg
Dear George and Mr. Toth:
Please be advised that we have paid into Court the sum of $69,372.52, which is the
amount recommended by the Board of Viewers to be paid to Condemnees, Ms. Wentzel
and Mr. Toth. If no appeal is taken to the Report of the Board of Viewers, the next step
would be for us to submit a Petition with the Court to distribute the funds deposited in Court
in accordance with a proposed Schedule of Distribution. We had understood that Mr. Toth
did not wish to receive any payment for the property. We would suggest that if that is the
case, that Ms. Wentzel and Mr. Toth should enter into an Agreement to that effect, which
would be filed with the Court. Assuming such an Agreement would be submitted, our
proposed Schedule of Distribution would be to make payment in full to Ms. Wentzel,
assuming that there are no liens or claims existing as of the date of the filing of the
Declaration of Taking, which would have a priority position regarding the payment of the
proposed distribution. If no such Agreement is submitted to the Court, then our proposed
Schedule of Distribution would provide for a payment of one-half of the sum due and owing
to each of the Condemnees.
Again, assuming that no appeal is filed, we would intend on promptly filing a Petition with
the Court for distribution. Accordingly, if an Agreement would be worked out between Ms.
Wentzel and Mr. Toth, we would ask that that be done in the near future.
Very truly yours,
kb
cc: Christopher Gulotta
F:\HOUSTON\1AUG1.WPD
Christopher C. Houston, Esquire
Director of Real Estate Development
EXHIBIT "A"
SERVING CUMBERLAND COUNTY SINCE 1975
114 N. HANOVER ST. - STE. 104 . CARLISLE PA 17013-2445
'TP.IAnhnnprrnV (717\ ?.dll.Jl7RQ . (717\ RQ7_770R . /717) 5R?_AAOFi lI: iii:l.vl7i 7\ ?J..Q...A.071 . t?_mufl. S1oThint@,.....h...l'l ...........
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~~~-~
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
, .
, '
; k~":'_:
: 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 the proposed Rule by first class mail, postage prepaid, upon the
following:
George F. Douglas, III, Esquire
Attorney for Emma C. Wentzel
Douglas, Douglas & Douglas
27 West High Street
Carlisle, PA 17013
Frank Toth
One East Burd Street
Shippensburg, PA 17257
Emma C. Wentzel
242 West Pomfret Street
Carlisle, PA 17013
fA'
Borough of Shippensburg
P. O. Box 129
Shippensburg, PA 17257
Date: ~(k(. (q, ( :;'&6 ~,
6",,", E'q";rn
Attorney for Petitioner/Condemnor
114 North Hanover Street
Carlisle, PA 17013
717-249-0789
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INRE:
CONDEMNATION BY THE
REDEVELOPMENT AUTHORITY
OF THE COUNTY OF CUMBERLAND
OF THE PREMISES KNOWN AND
NUMBERED AS 68 EAST KING
STREET, SHIPPENSBUR~,
CUMBERLAND COUNTY,
PENNSYLVANIA, BEING THE
PROPERTY OF EMMA W. TOTH,
a/kla EMMA C. WENTZEL, and
FRANK TOTH
~
," '" ,,,,,,,,., ,^", ,,,,,,, -..J..,~,;
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01- sO, '" CIVIL TERM
: EMINENT DOMAIN PROCEEDING
MEMORANDUM OF FILING OF NOTICE
TO THE PROTHONOTARY:
Notice of the above-captioned condemnation is recorded in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book C; 8 0, Page
2q'{~ , having been filed of record on the 2.. ~ 1 'day of --.l'1 VlC II\} 1 ,2001.
.J
Date: gf[!;/C91
A:\68Memo.wpd
Christopher . Hous n, Esquire
Attorney for Condemnor
Redevelopment Authority of
the County of Cumberland
114 North Hanover Street
Carlisle, PA 17013
717-249-0789