HomeMy WebLinkAbout07-2158IN RE:
CONDEMNATION BY THE
REDEVELOPMENT AUTHORITY
OF THE COUNTY OF CUMBERLAND
OF THE PREMISES KNOWN AND
NUMBERED AS 123 NORTH 24TH
STREET, CAMP HILL, CUMBERLAND
COUNTY, PENNSYLVANIA, BEING
THE PROPERTY OF GEORGE N.
PAULY
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. Q? CIVIL TERM
EMQNENT DOMAIN PROCEEDING
IN REM
DECLARATION OF TAKING
Pursuant to the authority granted to it at 35 P.S. 1712.1 of the Urban Redevelopment
Law, and based on the provisions of Chapter 3, Section 302, of the Eminent Domain
Code, 26 Pa.C.S.A. §302, the Redevelopment Authority of the County of Cumberland,
respectfully represents that:
1
The Condemnor is the Redevelopment Authority of the County of Cumberland.
2
The address of the Condemnor is:
Redevelopment Authority of the County of Cumberland
114 North Hanover Street
Suite 104
Carlisle, PA 17013-2445
3
The Redevelopment Authority of the County of Cumberland is authorized by 35 P.S.
§ 1712.1(a) of the Urban Redevelopment Law to acquire by eminent domain any property
properly certified to the Condemnor as a blighted property.
4
The Cumberland County Blighted Property Reinvestment Board (hereinafter the
"Board") by Resolution dated December 7, 2006, certified the premises hereinafter
described (hereinafter the "Premises") to Condemnor as a blighted property.
5
On January 16, 2007, the Camp Hill Borough 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.
6
On January 18, 2007, 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.
7
The appropriate reuse of the Premises, as recommended by the aforesaid Planning
Commissions, for residential purposes, is not inconsistent with the Comprehensive Plan
of the County of Cumberland, nor that of the Borough of Camp Hill.
8
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.
9
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 9P day of
February, 2007. 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.
10
A description of the Premises condemned sufficient for its identification is set forth in the
attached. Exhibit "B."
11
On the same day as this Declaration 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 304 of the
Eminent Domain Code, 26 Pa.C.S.A. §304.
12
The nature of the titled acquired in and to the property is a fee simple or absolute title.
13
The name or names of any mortgagee(s) or lienholder(s) of record are:
Cumberland County Tax Claim Bureau
14
The Condemnor files with this Declaration an open-end bond without surety pursuant to
Section 303(A) of the Eminent Domain Code, 26 Pa.C.S.A. §303(A). Just compensation
is made or secured by the filing of the bond. A copy of the bond is attached as Exhibit
GGc fe
ATTEST:
4-LA-:
Secretary
REDEVELOPMENT AUTHORITY OF
THE COUNTY OF CUMBERLAND
By
ai an
4h?ristopheir't. Ho ston, Esquire
Attorney for Condemnor
Redevelopment Authority of the
County of Cumberland
114 North Hanover Street
Carlisle, PA 17013-2445
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 Pa.C.S. §4909, relating
to unworn falsification to authorities.
REDEVELOPMENT AUTHORITY OF
THE COUNTY OF CUMBERLAND
By
Christopher Gulotta
Executive Director
L
r
REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND
RESOLUTION AUTHORIZING THE FILING OF A
DECLARATION OF TAKING AND ALL NECESSARY ACTION
FOR THE ACQUISITION THEREOF OF THE
PREMISES LOCATED AT
123 NORTH 24TH STREET
CAMP HILL, 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 Development Law; and
WHEREAS, the Board had reviewed conditions existing at 123 North 24`h Street, Camp
Hill, 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. 2006-06
determining that the Premises is blighted; and
WHEREAS, the property owner of the Premises, George N. Pauly (hereinafter the
"Owner"), had been served with the Blight Determination Resolution No. 2006-06 and
notified of his right to appeal the determination or provide a rehabilitation plan; and
WHEREAS, the Owner did not file an appeal nor did he file a rehabilitation plan; and
WHERAS, the Board adopted a Second Resolution 2006-10 certifying the Premises to
the Redevelopment Authority of the County of Cumberland as blighted; and
WHEREAS, in accordance with the provisions of the Urban Redevelopment Law and the
Rules and Regulations of the Board, a report on the Premises was transmitted to the
Planning Commission of the County of Cumberland and the Planning Commission of the
Borough of Carlisle for those commissions to make their own determination as to
whether the property was blighted and to submit a recommendation as to the appropriate
re-use of the Premises; and
WHERAS, on January 16, 2007, the Camp Hill Borough Planning Commission
determined that the Premises is a blighted property and recommended with the re-use
plan to use the Premises for residential purposes; and
EXHIBIT "A"
WHEREAS, the Cumberland County Planning Commission determined on January 18,
2007, that the Premises is a blighted property and recommend for the re-use of the
Premises to be in compliance with existing municipal zoning regulations; and
WHEREAS, in accordance with the Urban Redevelopment Law, as amended, the
Redevelopment Authority is authorized to attempt to negotiate the acquisition of the
Premises in lieu of condemnation and, if unsuccessful, 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 123 North 24th Street, Camp Hill, Cumberland
County, Pennsylvania, as a blighted property and does further select and appropriate for
acquisition and disposition in accordance with law the Premises, which are more fully
described:
ALL that tract of land together with the improvements thereon erected,
situate in the Borough of Camp Hill, Cumberland County, Pennsylvania,
bounded and described as follows:
BEGINNING at a point, said point being two hundred ninety-one and six
tenths (291.6) feet in a northerly direction from the northeast corner of
North 24th Street, and lying at the intersection of the southerly line of Lot
No. 7 on the hereinafter mentioned plan of lots with the easterly line of
North 24th Street, formerly Park Avenue; thence in an easterly direction
along the said line of Lot No. 7, one hundred fifty-seven and 35 tenths
(157.35) feet to a fourteen-foot alley; thence along said alley in a northerly
direction, one hundred forty and seven tenths (140.7) feet to line of lands
of Edward O. Davies; thence along said line of lands in a westerly
direction, one hundred forty (140) feet more or less, to North 24th Street,
formerly Park Avenue; thence alonr North 24th Street, formerly Park
Avenue; thence along said North 24t Street, formerly Park Avenue, one
hundred forty (140) feet to the place of BEGINNING.
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 the Redevelopment Authority is directed to negotiate the acquisition of
the Premises in lieu of condemnation by offering to the Owner the fair market value of
the Premises.
RESOLVED that in the event the Owner does not accept the offer of fair market value of
the Premises, counsel for the Redevelopment Authority and its proper offices 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.
1 .'
RESOLVED that the institution of such proceedings, and any such 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
hDate: 9 dC9
FAHOUSTONTauly - Board Resolution.doc
FX1HMIT KB7°
ALL that tract of land together with the improvements thereon erected, situate in the
Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as
follows:
BEGINNING at a point, said point being two hundred ninety-one and six tenths (291.6)
feet in a northerly direction from the northeast corner of North 24 h Street, formerly Park
Avenue, and Walnut Street, and lying at the intersection of the southerly line of Lot No. 7
on the hereinafter mentioned plan of lots with the easterly line of North 24 h Street,
formerly Park Avenue; thence in an easterly direction along the said line of Lot No. 7,
one hundred fifty-seven and 35 tenths (157.35) feet to a fourteen-foot alley; thence along
said alley in a northerly direction, one hundred forty and seven tenths (140.7) feet to line
of lands of Edward O. Davies; thence along said line of lands in a westerly direction, one
hundred forty (140) feet more or less, to North 24a` Street, formerly Park Avenue; thence
along said North 2e Street, formerly Park Avenue, one hundred forty (140) feet to the
place of BEGINNING.
BEING Lots Nos. 7 and 8 and the southern 40 feet of Lot No. 9 on the Plan of Lots laid
out by H.C. Zacharias and recorded in the Office of the Recorder of Deeds in an for
Cumberland County in Plan Book 1, Page 1.
HAVING THEREON ERECTED a two-story frame and stucco dwelling house, No. 123
North Twenty-Fourth Street, Camp Hill, Pa.
BEING the same premises which Debra K. Wallet, Administratrix of the Estate of
Eugenie M. Pauly, deceased, granted and conveyed unto George N. Pauly by deed dated
May 18, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania in Book 122 Page 286.
EDIT "°C"
BOND
KNOW ALL MEN BY THESE PRESENTS, that a Declaration of Taking having been
filed on the 17 day of n,,,,) , 2007, by the Redevelopment Authority
of the County of Cumberland (the "Obligor"), a body corporate and politic and existing
under the laws of the Commonwealth of Pennsylvania, being held and firmly bound unto
the Commonwealth of Pennsylvania (the "Obligee") for the use and benefit of the owner
or owners of the property condemned as hereinafter noted, and other proper parties in
interest, for such amount of damage as the owner or owners of the property and other
parties in interest shall be entitled to receive after the same shall have been agreed upon
or assessed in the manner prescribed by law, by the reason of the condemnation by
Obligor of certain land improvements located in the Borough of Camp Hill, Cumberland
County, Pennsylvania and described as follows:
ALL that tract of land together with the improvements thereon erected, situate in the
Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as
follows:
BEGINNING at a point, said point being two hundred ninety-one and six tenths (291.6)
feet in a northerly direction from the northeast corner of North 20 Street, formerly Park
Avenue, and Walnut Street, and lying at the intersection of the southerly line of Lot No. 7
on the hereinafter mentioned plan of lots with the easterly line of North 24th Street,
formerly Park Avenue; thence in an easterly direction along the said line of Lot No. 7,
one hundred fifty-seven and 35 tenths (157.35) feet to a fourteen-foot alley; thence along
said alley in a northerly direction, one hundred forty and seven tenths (140.7) feet to line
of lands of Edward O. Davies; thence along said line of lands in a westerly direction, one
hundred forty (140) feet more or less, to North 20 Street, formerly Park Avenue; thence
along said North 20 Street, formerly Park Avenue, one hundred forty (140) feet to the
place of BEGINNING.
BEING Lots Nos. 7 and 8 and the southern 40 feet of Lot No. 9 on the Plan of Lots laid
out by H.C. Zacharias and recorded in the Office of the Recorder of Deeds in an for
Cumberland County in Plan Book 1, Page 1.
HAVING THEREON ERECTED a two-story frame and stucco dwelling house, No. 123
North Twenty-Fourth Street, Camp Hill, Pa.
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 1 day of
14 r -'I , 2007.
ATTEST:
(?? Y: -: -
Secretary
REDEVELOPMENT AUTHORITY OF
THE COUNTY OF CUMBERLAND
By
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IN RE:
CONDEMNATION BY THE
REDEVELOPMENT AUTHORITY
OF THE COUNTY OF CUMBERLAND
OF THE PREMISES KNOWN AND
NUMBERED AS 123 NORTH 24TH
STREET, CAMP HILL, CUMBERLAND
COUNTY, PENNSYLVANIA, BEING
THE PROPERTY OF GEORGE N.
PAULY
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
07_ 01158
NO. c4-CIVIL TERM
EMINENT DOMAIN PROCEEDING
IN REM
MEMORANDUM TO PROTHONOTARY
You are hereby informed that a Notice of Filing of Declaration of Taking effected by the
Declaration of Taking filed to the above term and Number on the ) '+$^') day of
14 v% { 2007, was recorded in the Office of Recorder of Deeds of the above
county on the day of H 2007 in Record Book Page
3 0 T
Christopher uston, Esquire
Ft. H(
Attorney for Condemnor
Redevelopment Authority of
The County of Cumberland
114 North Hanover Street
Carlisle, PA 17013
717-249-0789
Date:-(4j2,,.)') ) 2007
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IN RE:
CONDEMNATION BY THE
REDEVELOPMENT AUTHORITY
OF THE COUNTY OF CUMBERLAND
OF THE PREMISES KNOWN AND
NUMBERD AS 123 NORTH 24TH
STREET, CAMP HILL, CUMBERLAND
COUNTY, PENNSYLVANIA, BEING
THE PROPERTY OF GEORGE N.
PAULY
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
: NO. 07-2158 CIVIL TERM
EMINENT DOMAIN PROCEEDING
IN REM
PETITION FOR EXTENSION OF THE PERIOD
FOR SERVICE OF NOTICE OF
FILING OF DECLARATON OF TAKING
The Petition of the Redevelopment Authority of the County of Cumberland
("Condemnor") represents:
1
Condemnor filed a Declaration of Taking on April 17, 2007, at the above-captioned term
and number, with respect to premises located at 1213 North 24th Street, Camp Hill,
Cumberland County, Pennsylvania, which is a vacant and un-occupied property.
2
In accordance with Section 305 of the Eminent Domain Code, 26 PA CSA 305, the
Condemnor shall within thirty (30) days of the filing of a Declaration of Taking serve
notice of the filing to the Condemnee, any mortgagee of record, and to any lienholder of
record with service to be provided as follows:
(b) Service -
(1) The notice shall be served within or without this Commonwealth, by
any competent adult in the same manner as any civil action or by
registered mail to the last-known address of the person being served.
(2) If service cannot be made in the manner set forth under Paragraph
(1), then service shall be made by posting a copy of the notice upon
the most public part of the property and by publication of a copy of the
notice, omitting the plot plan required by Subsection (c)(9) one time
each in one newspaper of general circulation and the legal journal, if
any, published in the County.
3
Service of the notice of the filing of the Declaration of Taking upon the Cumberland
County Tax Claim Bureau, being a lienholder of record, was accomplished by the
undersigned on April17, 2007.
4
It is Condemnor's belief and it is therefore avered that the owner of the condemned
property, George N. Pauly ("Condemnee"), resides at 2510 Regent Street, #11,
Berkeley, California 94704.
5
In accordance with Section 305 of the Eminent Domain Code, the Redevelopment
Authority is to provide service upon condemnee on or before May 17, 2007.
6
On or about April 17, 2007, LexisNexis Court Link, Inc. was engaged to provide service
of process of the Notice of the Filing of the Declaration of Taking upon the Condemnee
at Condemnee's last-known address.
7
On May 9, 2007, the process server advised Condemnor that the building at 2510
Regent Street, Berkeley, California is a secured building and, despite numerous
attempts, the server has been unable to gain access to serve the condemned property
owner.
8
Condemnor seeks an additional thirty (30) days within which to serve notice of the filing
of the Declaration of Taking upon Condemnee.
9
The procedure for serving a condemnee with notice of the filing of a declaration of taking
is governed exclusively by the Eminent Domain Code and not by the Pennsylvania
Rules of Civil Procedure.
10
The proper procedure to seek an extension of time for service of notice of the filing of a
declaration of taking is to petition the Court. See In the Matter of Condemnation by
Urban Redevelopment Authority of Pittsburgh et al., 20 Pa Cmwlth 168, 341 A.2d 231
(1975).
11
The Condemnee will not be prejudiced by this Court granting an extension of time within
which to serve him with notice of the filing of Declaration of Taking in accordance with
the Eminent Domain Code.
12
No Judge of this Court has ruled upon any other issue on the same or related matter.
13
There is no opposing counsel of record and, therefore, there is no concurrence of
opposing counsel to this request for an extension of time to provide notice.
WHEREFORE, the Condemnor, Redevelopment Authority of the County of Cumberland,
requests that this Honorable Court grant an extension of time to June 16, 2007 to serve
notice upon the Condemnee of the filing of the Declaration of Taking.
Respectfully submitted,
Christopher C. Houston, Esquire
Attorney for Condemnor
Redevelopment Authority of the
County of Cumberland
114 North Hanover Street
Carlisle, PA 17013
717-249-0789
File: F: Houston: 123 N 24'" Pet
'"? ?
CO
IN RE:
CONDEMNATION BY THE
REDEVELOPMENT AUTHORITY
OF THE COUNTY OF CUMBERLAND
OF THE PREMISES KNOWN AND
NUMBERED AS 123 NORTH 24TH
STREET, CAMP HILL, CUMBERLAND
COUNTY, PENNSYLVANIA, BEING
THE PROPERTY OF GEORGE N.
PAULY
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 07-2158 CIVIL TERM
EMINENT DOMAIN PROCEEDING
IN REM
PROOF OF SERVICE
I certify that pursuant to 26 Pa. C.S.A. § 305 a copy of the attached Notice of
Condemnation was served upon the Cumberland County Tax Claim Bureau at 3:00 P.M.
on April 17, 2007 at One Courthouse Square, Carlisle, Cumberland County,
Pennsylvania, by handing to Melissa Mixell a true and attested copy of the Notice of
Condemnation.
Date: 2007
Christopher ousto , Esquire
Attorney for Condemnor
Redevelopment Authority of the
County of Cumberland
114 North Hanover Street
Carlisle, PA 17013-2445
717-249-0789
CONDEMNATION BY THE
REDEVELOPMENT AUTHORITY
OF THE COUNTY OF CUMBERLAND
OF THE PREMISES KNOWN AND
NUMBERED AS 123 NORTH 24TH
STREET, CAMP HILL, CUMBERLAND
COUNTY, PENNSYLVANIA, BEING
THE PROPERTY OF GEORGE N.
PAULY
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
: NO. a ? " z 1S'8 CIVIL TERM
EMINENT DOMAIN PROCEEDING
IN REM
NOTICE OF CONDEMNATION
In accordance with Section 305 of the Eminent Domain Code 26 Pa.C.S.A. § 305, the
Redevelopment Authority of the County of Cumberland notifies you that:
1. A Declarati!!IBay king, a copy of which is attached as Exhibit "A," was
filed on the of ,. . 2007, in the Court of Common Pleas
of Cumberland County, at therm and number.
2. George N. Pauly has been named as the Condemnee in this proceeding.
3. The name and address of the Condemnor is:
Redevelopment Authority of the County of Cumberland
114 North Hanover Street
Carlisle, PA 17013
4. The property at 123 North 24th Street, Camp Hill, Cumberland County,
Pennsylvania, which is more particularly identified and described on
Exhibit"B" to the Declaration of Taking, 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.
5. The condemnation is authorized under the Urban Redevelopment Law at 35
P. S. 1712.1 and is made pursuant to a Resolution adopted by the Condemnor
on the 9a' day of February, 2007. A copy of the Resolution is attached as
Exhibit "A" to the Declaration of Taking. The original of the Resolution
may be examined at the office of the Condemnor.
6. The interest in the property hereinabove described is hereby condemned in
fee simple or absolute title by the Condemnor.
7. The Condemnor filed with the Declaration of Taking an open-end bond
without surety pursuant to Section 303 (A) of the Eminent Domain Code, 26
Pa. C.S.A. 303 (A). Just compensation is made or secured by the filing of
the bond, a copy of which is attached as Exhibit "C" to the Declaration of
Taking.
8. If the Condemnee wishes 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, the
Condemnee must file preliminary objections within thirty (30) days
after being served with this Notice of Condemnation.
Christopher C. Hou ton, Esquire
Attorney for Condemnor
Redevelopment Authority of
The County of Cumberland
114 North Hanover Street
Carlisle, PA 17013
717-249-0789
Date:,. { , 2007
IN RE: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
CONDEMNATION BY THE PENNSYLVANIA
REDEVELOPMENT AUTHORITY
OF THE COUNTY OF CUMBERLAND NO. 6'7 2 1 SP CIVIL TERM
OF THE PREMISES KNOWN AND
NUMBERED AS 123 NORTH 24TH EMINENT DOMAIN PROCEEDING
STREET, CAMP HILL, CUMBERLAND IN REM
COUNTY, PENNSYLVANIA, BEING
THE PROPERTY OF GEORGE N.
PAULY
DECLARATION OF TAKING
Pursuant to the authority granted to it at 35 P.S. 1712.1 of the Urban Redevelopment
Law, and based on the provisions of Chapter 3, Section 302, of the Eminent Domain
Code, 26 Pa.C.S.A §302, the Redevelopment Authority of the County of Cumberland,
respectfully represents that:
1
The Condemnor is the Redevelopment Authority of the County of Cumberland.
2
The address of the Condemnor is:
-a
!tij i+l
Redevelopment Authority of the County of Cumberland
114 North Hanover Street
Suite 104 -
Carlisle, PA 17013-2445 __ "'
.. --,
The Redevelopment Authority of the County of Cumberland is authorized by 35 P.S.
§1712.1(a) of the Urban Redevelopment Law to acquire by eminent domain any property
properly certified to the Condemnor as a blighted property.
4
The Cumberland County Blighted Property Reinvestment Board (hereinafter the
"Board") by Resolution dated December 7, 2006, certified the premises hereinafter
described (hereinafter the "Premises") to Condemnor as a blighted property.
5
On January 16, 2007, the Camp Hill Borough 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.
6
On January 18, 2007, 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.
-- 7
The appropriate reuse of the Premises, as recommended by the aforesaid Planning
Commissions, for residential purposes, is not inconsistent with the Comprehensive Plan
of the County of Cumberland, nor that of the Borough of Camp Hill.
8
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.
9
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 9a' day of
February, 2007. 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.
10
A desrefiption of the Premises condemned sufficient for its identification is set forth in the
attached Exhibit "B."
11
On the same day as this Declaration 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 304 of the
Eminent Domain Code, 26 Pa.C.S.A. §304.
12
The nature of the titled acquired in and to the property is a fee simple or absolute title.
13
The name or names of any mortgagee(s) or lienholder(s) of record are:
Cumberland County Tax Claim Bureau
14
The Condemnor files with this Declaration an open-end bond without surety pursuant to
Section 303(A) of the Eminent Domain Code, 26 Pa.C.S.A. §303(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
Secretary ai an
4
. Ho ston, Esquire
4
Aovher?
Attorney for Condemnor
Redevelopment Authority of the
County of Cumberland
114 North Hanover Street
Carlisle, PA 17013-2445
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 Pa.C.S. §4909, relating
to unworn falsification to authorities.
REDEVELOPMENT AUTHORITY OF
THE COUNTY OF CUMBERLAND
By
Christopher Gulotta
Executive Director
RESOLUTION AUTHORIZING THE FILING OF A
DECLARATION OF TAKING AND ALL NECESSARY ACTION
FOR THE ACQUISITION THEREOF OF THE
PREMISES LOCATED AT
123 NORTH 24TH STREET
CAMP HILL, 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 Development Law; and
WHEREAS, the Board had reviewed conditions existing at 123 North 24`h Street, Camp
Hill, 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. 2006-06
determining that the Premises is blighted; and
WHEREAS, the property owner of the Premises, George N. Pauly (hereinafter the
"Owner"), had been served with the Blight Determination Resolution No. 2006-06 and
notified of his right to appeal the determination or provide a rehabilitation plan; and
WHEREAS, the Owner did not file an appeal nor did he file a rehabilitation plan; and
WHERAS, the Board adopted a Second Resolution 2006-10 certifying the Premises to
the Redevelopment Authority of the County of Cumberland as blighted; and
WHEREAS, in accordance with the provisions of the Urban Redevelopment Law and the
Rules and Regulations of the Board, a report on the Premises was transmitted to the
Planning Commission of the County of Cumberland and the Planning Commission of the
Borough of Carlisle for those commissions to make their own determination as to
whether the property was blighted and to submit a recommendation as to the appropriate
re-use of the Premises; and
WHERAS, on January 16, 2007, the Camp Hill Borough Planning Commission
determined that the Premises is a blighted property and recommended with the re-use
plan to use the Premises for residential purposes; and
EXHIBIT "A"
WHEREAS, the Cumberland County Planning Commission determined on January 18,
2007, that the Premises is a blighted property and recommend for the re-use of the
Premises to be in compliance with existing municipal zoning regulations; and
WHEREAS, in accordance with the Urban Redevelopment Law, as amended, the
Redevelopment Authority is authorized to attempt to negotiate the acquisition of the
Premises in lieu of condemnation and, if unsuccessful, 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 123 North 24th Street, Camp Hill, Cumberland
County, Pennsylvania, as a blighted property and does further select and appropriate for
acquisition and disposition in accordance with law the Premises, which are more, fully
described:
ALL that tract of land together with the improvements thereon erected,
situate in the Borough of Camp Hill, Cumberland County, Pennsylvania,
bounded and described as follows:
BEGINNING at a point, said point being two hundred ninety-one and six
tenths (291.6) feet in a northerly direction from the northeast corner of
North 24'h Street, and lying at the intersection of the southerly line of Lot
No. 7 on the hereinafter mentioned plan of lots with the easterly line of
North 20' Street, formerly Park Avenue; thence in an easterly direction
along the said line of Lot No. 7, one hundred fifty-seven and 35 tenths
(157.35) feet to a fourteen-foot alley; thence along said alley in a northerly
direction, one hundred forty and seven tenths (140.7) feet to line of lands
of Edward O. Davies; thence along said line of lands in a westerly
direction, one hundred forty (140) feet more or less, to North 24'h Street,
formerly Park Avenue; thence alon? North 24'h Street, formerly Park
Avenue; thence along said North 24' Street, formerly Park Avenue, one
hundred forty (140) feet to the place of BEGINNING.
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 the Redevelopment Authority is directed to negotiate the acquisition of
the Premises in lieu of condemnation by offering to the Owner the fair market value of
the Premises.
RESOLVED that in the event the Owner does not accept the offer of fair market value of
the Premises, counsel for the Redevelopment Authority and its proper offices 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 such 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
hairman
Date: t )n V. cc y
CA 9 ? c? ?
F:MOUSTONTauly - Board Resolution.doc
L`XH11off 44B"
ALL that tract of land together with the improvements thereon erected, situate in the
Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as
follows:
BEGINNING at a point, said point being two hundred ninety-one and six tenths (291.6)
feet in a northerly direction from the northeast corner of North 20 Street, formerly Park
Avenue, and Walnut Street, and lying at the intersection of the southerly line of Lot No. 7
on the hereinafter mentioned plan of lots with the easterly line of North 24 h Street,
formerly Park Avenue; thence in an easterly direction along the said line of Lot No. 7,
one hundred fifty-seven and 35 tenths (157.35) feet to a fourteen-foot alley; thence along
said alley in a northerly direction, one hundred forty and seven tenths (140.7) feet to line
of lands of Edward O. Davies; thence along said line of lands in a westerly direction, one
hundredf-forty (140) feet more or less, to North 24a` Street, formerly Park Avenue; thence
along said North 24 h Street, formerly Park Avenue, one hundred forty (140) feet to the
place of BEGINNING.
BEING Lots Nos. 7 and 8 and the southern 40 feet of Lot No. 9 on the Plan of Lots laid
out by H.C. Zacharias and recorded in the Office of the Recorder of Deeds in an for
Cumberland County in Plan Book 1, Page 1.
HAVING THEREON ERECTED a two-story frame and stucco dwelling house, No. 123
NortkTwenty-Fourth Street, Camp Hill, Pa.
BEING the same premises which Debra K. Wallet, Administratrix of the Estate of
Eugenie M. Pauly, deceased, granted and conveyed unto George N. Pauly by deed dated
May 18, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania in Book 122 Page 286.
EXHIBIT "C"
BOND
KNOW ALL MEN BY THESE PRESENTS, that a Declaration of Taking having been
filed on the 17 day of , 2007, by the Redevelopment Authority
of the County of Cumberland (the "Obligor"), a body corporate and politic and existing
under the laws of the Commonwealth of Pennsylvania, being held and firmly bound unto
the Commonwealth of Pennsylvania (the "Obligee") for the use and benefit of the owner
or owners of the property condemned as hereinafter noted, and other proper parties in
interest, for such amount of damage as the owner or owners of the property and other
parties in interest shall be entitled to receive after the same shall have been agreed upon
or assessed in the manner prescribed by law, by the reason of the condemnation by
Obligor of certain land improvements located in the Borough of Camp Hill, Cumberland
County-Pennsylvania and described as follows:
ALL that tract of land together with the improvements thereon erected, situate in the
Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as
follows:
BEGINNING at a point, said point being two hundred ninety-one and six tenths (291.6)
feet in a northerly direction from the northeast corner of North 20 Street, formerly Park
Avenue, and Walnut Street, and lying at the intersection of the southerly line of Lot No. 7
on the hereinafter mentioned plan of lots with the easterly line of North 20 Street,
formerly Park Avenue; thence in an easterly direction along the said line of Lot No. 7,
one hundred fifty-seven and 35 tenths (157.35) feet to a fourteen-foot alley; thence along
said alley in a northerly direction, one hundred forty and seven tenths (140.7) feet to line
of lands of Edward O. Davies; thence along said line of lands in a westerly direction, one
hundred forty (140) feet more or less, to North 24s' Street, formerly Park Avenue; thence
along said North 24s' Street, formerly Park Avenue, one hundred forty (140) feet to the
place of BEGINNING.
BEING Lots Nos. 7 and 8 and the southern 40 feet of Lot No. 9 on the Plan of Lots laid
out by H.C. Zacharias and recorded in the Office of the Recorder of Deeds in an for
Cumberland County in Plan Book 1, Page 1.
HAVING THEREON ERECTED a two-story frame and stucco dwelling house, No. 123
North Twenty-Fourth Street, Camp Hill, Pa.
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 1 day of
? 2007.
ATTEST:
Secretary
REDEVELOPMENT AUTHORITY OF
THE COUNTY OF CUMBERLAND
By t"
an rf
C? N 0
i^ -TI
c ` --4
S
y ? ? .i
MAY 15 20D7 a"r
IN RE:
CONDEMNATION BY THE
REDEVELOPMENT AUTHORITY
OF THE COUNTY OF CUMBERLAND
OF THE PREMISES KNOWN AND
NUMBERD AS 123 NORTH 24TH
STREET, CAMP HILL, CUMBERLAND
COUNTY, PENNSYLVANIA, BEING
THE PROPERTY OF GEORGE N.
PAULY
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 07-2158 CIVIL TERM
EMINENT DOMAIN PROCEEDING
IN REM
ORDER
t?
AND NOW, this ?O day of M a?,! , 2007, on consideration of the
Petition for Extension of the Period for Service of Notice of Filing of Declaration of
Taking, it is ordered that Condemnor, Redevelopment Authority of the County of
Cumberland, shall be granted an extension of time until June 16, 2007, to serve notice of
the filing of the Declaration of Taking upon the Condemnee, George N. Pauly.
By the Court,
4-1 ? ''?"l ;_• SI
01 -1 Hj 91 n?'H Lool
Ell-L Z10
IN RE:
CONDEMNATION BY THE
REDEVELOPMENT AUTHORITY
OF THE COUNTY OF CUMBERLAND
OF THE PREMISES KNOWN AND
NUMBERED AS 123 NORTH 24TH
STREET, CAMP HILL, CUMBERLAND
COUNTY, PENNSYLVANIA, BEING
THE PROPERTY OF GEORGE N.
PAULY
r ?
1 ,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 07-2158 CIVIL TERM
EMINENT DOMAIN PROCEEDING
IN REM
PROOF OF SERVICE
1. In accordance with 26 Pa. C.S.A. § 305 (B) (1) personal service of the Notice of
Condemnation, attached hereto as Exhibit A, was attempted upon George N.
Pauly at his last know addresses in the state of California, being 2510 Regent
Street, #11, Berkeley, California 94704 and 2512 Telegraph Avenue, Berkeley,
California 94704.
2. Attached here to as Exhibit B is the proof of service from LexisNexis Service of
Process advising that it was unable to effect service at the addresses, as aforesaid.
3. The undersigned certifies that pursuant to 26 Pa. C.S.A. § 305 (B) (1) the
undersigned did serve a true and attested copy of the Notice of Condemnation,
attached hereto as Exhibit A, upon George N. Pauly's agent by registered mail on
May 23, 2007 at the following addresses: 2510 Regent Street, #11, Berkeley,
California 94704 and 2512 Telegraph Avenue, Berkeley, California 94704, as
evidenced by the attached Exhibit C.
4. The undersigned further certifies that pursuant to 26 Pa. C.S.A. § 305 (B) (2) that
the attached Exhibit D was posted upon the property at 123 North 24m Street,
Camp Hill, Cumberland County, PA on May 25, 2007, published in The Sentinel
on May 25, 2007, as evidenced by the attached Exhibit E, and published in the
Cumberland Law Journal on June 1, 2007, as evidenced by the attached Exhibit F.
Date: q , 2007
Christopher C. uston, Esquire
Attorney for Condemnor
Redevelopment Authority of the
County of Cumberland
114 North Hanover Street
Carlisle, PA 17013-2445
717-249-0789
IN RE:
CONDEMNATION BY THE
REDEVELOPMENT AUTHORITY
OF THE COUNTY OF CUMBERLAND
OF THE PREMISES KNOWN AND
NUMBERED AS 123 NORTH 24TH
STREET, CAMP HILL, CUMBERLAND
COUNTY, PENNSYLVANIA, BEING
THE PROPERTY OF GEORGE N.
PAULY
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. (} -;4 l rS CIVIL TERM
: EMINENT DOMAIN PROCEEDING
: IN REM
NOTICE OF CONDEMNATION
In accordance with Section 305 of the Eminent Domain Code 26 Pa.C.S.A. § 305, the
Redevelopment Authority of the County of Cumberland notifies you that:
1. A Declaration of Taking, a copy of which is attached as Exhibit "A," was
filed on the J ay of r 2007, in the Court of Common Pleas
of Cumberland County, at the above term and number.
2. George N. Pauly has been named as the Condemnee in this proceeding.
3. The name and address of the Condemnor is:
Redevelopment Authority of the County of Cumberland
114 North Hanover Street
Carlisle, PA 17013
4. The property at 123 North 2e Street, Camp Hill, Cumberland County,
Pennsylvania, which is more particularly identified and described on
Exhibit"B" to the Declaration of Taking, 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.
5. The condemnation is authorized under the Urban Redevelopment Law at 35
P.S. 1712.1 and is made pursuant to a Resolution adopted by the Condemnor
on the 9`h day of February, 2007. A copy of the Resolution is attached as
Exhibit "A" to the Declaration of Taking. The original of the Resolution
may be examined at the office of the Condemnor.
6. The interest in the property hereinabove described is hereby condemned in
fee simple or absolute title by the Condemnor.
EXHIBIT A
7. The Condemnor filed with the Declaration of Taking an open-end bond
without surety pursuant to Section 303 (A) of the Eminent Domain Code, 26
Pa. C.S.A. 303 (A). lust compensation is made or secured by the filing of
the bond; a copy of which is attached as Exhibit "C" to the Declaration of
Taking.
8. If the Condemnee wishes 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, the
Condemnee must file preliminary objections within thirty (30) days
after being served with this Notice of Condemnation.
Christopher C. Hou ton, Esquire
Attorney for Condemnor
Redevelopment Authority of
The County of Cumberland
114 North Hanover Street
Carlisle, PA 17013
717-249-0789
Date: , 2007
IN RE: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
CONDEMNATION BY THE PENNSYLVANIA
REDEVELOPMENT AUTHORITY
OF THE COUNTY OF CUMBERLAND NO. CIVIL TERM
OF THE PREMISES KNOWN AND
NUMBERED AS 123 NORTH 24TH EMINENT DOMAIN PROCEEDING
STREET, CAMP HILL, CUMBERLAND IN REM
COUNTY, PENNSYLVANIA, BEING
THE PROPERTY OF GEORGE N.
PAULY
DECLARATION OF TAKING
Pursuant to the authority granted to it at 35 P.S. 1712.1 of the Urban Redevelopment
Law, and based on the provisions of Chapter 3, Section 302, of the Eminent Domain
Code, 26 Pa.C.S.A. §302, the Redevelopment Authority of the County of Cumberland,
respectfully represents that:
1
The Condemnor is the Redevelopment Authority of the County of Cumberland.
2
The address of the Condemnor is:
Redevelopment Authority of the County of Cumberland
114 North Hanover Street
Suite 104 _
Carlisle, PA 17013-2445 FT1
3 r`
The Redevelopment Authority of the County of Cumberland is authorized by 35 P.S.
§1712.1(a) of the Urban Redevelopment Law to acquire by eminent domain any property
properly certified to the Condemnor as a blighted property.
J.
4
The Cumberland County Blighted Property Reinvestment Board (hereinafter the
"Board") by Resolution dated December 7, 2006, certified the premises hereinafter
described (hereinafter the "Premises") to Condemnor as a blighted property.
5
On January 16, 2007, the Camp Hill Borough 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.
6
On January 18, 2007, 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.
7
The appropriate reuse of the Premises, as recommended by the aforesaid Planning
Commissions, for residential purposes, is not inconsistent with the Comprehensive Plan
of the County of Cumberland, nor that of the Borough of Camp Hill.
8
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.
4
9
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 9'h day of
February, 2007. 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.
10
A description of the Premises condemned sufficient for its identification is set forth in the
attached Exhibit "B."
11
On the same day as this Declaration 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 304 of the
Eminent Domain Code, 26 Pa.C.S.A. §304.
12
The nature of the titled acquired in and to the property is a fee simple or absolute title.
13
The name or names of any mortgagee(s) or lienholder(s) of record are:
Cumberland County Tax Claim Bureau
14
The Condemnor files with this Declaration an open-end bond without surety pursuant to
Section 303(A) of the Eminent Domain Code, 26 Pa.C.S.A. §303(A). Just compensation
is made or secured by the filing of the bond. A copy of the bond is attached as Exhibit
CCC.11
ATTEST:
Secretary
REDEVELOPMENT AUTHORITY OF
THE COUNTY OF CUMBERLAND
,mil I
By
ai an - ' "
4h?ristophheir't. Holston-, Esquire
Attorney for Condemnor
Redevelopment Authority of the
County of Cumberland
114 North Hanover Street
Carlisle, PA 17013-2445
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 Pa.C.S. §4909, relating
to unsworn falsification to authorities.
REDEVELOPMENT AUTHORITY OF
THE COUNTY OF CUMBERLAND
By
Christopher Gulotta
` Executive Director
REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND
RESOLUTION AUTHORIZING THE FILING OF A
DECLARATION OF TAKING AND ALL NECESSARY ACTION
FOR THE ACQUISITION THEREOF OF THE
PREMISES LOCATED AT
123 NORTH 24TH STREET
CAMP HILL, 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 Development Law; and =
WHEREAS, the Board had reviewed conditions existing at 123 North 24`h Street, Camp
Hill, 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. 2006-06
determining that the Premises is blighted; and
WHEREAS, the property owner of the Premises, George N. Pauly (hereinafter the
"Owner"), had been served with the Blight Determination Resolution No. 2006-06 and
notified of his right to appeal the determination or provide a rehabilitation plan; and
WHEREAS, the Owner did not file an appeal nor did he file a rehabilitation plan; and
WHERAS, the Board adopted a Second Resolution 2006-10 certifying the Premises to
the Redevelopment Authority of the County of Cumberland as blighted; and
WHEREAS, in accordance with the provisions of the Urban Redevelopment Law and the
Rules and Regulations of the Board, a report on the Premises was transmitted to the
Planning Commission of the County of Cumberland and the Planning Commission of the
Borough of Carlisle for those commissions to make their own determination as to
whether the property was blighted and to submit a recommendation as to the appropriate
re-use of the Premises; and
WHERAS, on January 16, 2007, the Camp Hill Borough Planning Commission
determined that the Premises is a blighted property and recommended with the re-use
plan to use the Premises for residential purposes; and
EXHIBIT "A"
WHEREAS, the Cumberland County Planning Commission determined on January 18,
2007, that the Premises is a blighted property and recommend for the re-use of the
Premises to be in compliance with existing municipal zoning regulations; and
WHEREAS, in accordance with the Urban Redevelopment Law, as amended, the
Redevelopment Authority is authorized to attempt to negotiate the acquisition of the
Premises in lieu of condemnation and, if unsuccessful, 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 123 North 24`h Street, Camp Hill, Cumberland
County, Pennsylvania, as a blighted property and does further select and appropriate for
acquisition and disposition in accordance with law the Premises, which are more= fully
described:
ALL that tract of land together with the improvements thereon erected,
situate in the Borough of Camp Hill, Cumberland County, Pennsylvania,
bounded and described as follows:
BEGINNING at a point, said point being two hundred ninety-one and six
tenths (291.6) feet in a northerly direction from the northeast corner of
_ North 24`h Street, and lying at the intersection of the southerly line of Lot
No. 7 on the hereinafter mentioned plan of lots with the easterly line of
North 24`h Street, formerly Park Avenue; thence in an easterly direction
along the said line of Lot No. 7, one hundred fifty-seven and 35 tenths
(157.35) feet to a fourteen-foot alley; thence along said alley in a northerly
direction, one hundred forty and seven tenths (140.7) feet to line of lands
of Edward O. Davies; thence along said line of lands in a westerly
direction, one hundred forty (140) feet more or less, to North 24`h Street,
formerly Park Avenue; thence alonk North 24th Street, formerly Park
Avenue; thence along said North 24` Street, formerly Park Avenue, one
hundred forty (140) feet to the place of BEGINNING.
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 the Redevelopment Authority is directed to negotiate the acquisition of
the Premises in lieu of condemnation by offering to the Owner the fair market value of
the Premises.
RESOLVED that in the event the Owner does not accept the offer of fair market value of
the Premises, counsel for the Redevelopment Authority and its proper offices 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 such damages which may
be agreed upon or awarded to any party in interest shall he paid out of the funds of the
Redevelopment Authority.
ATTEST
n
hairman
9 c?t?
Date: h--?V-kAC(yY
FAHOUSTONTauly - Board Resolution.doc
EYHIBfr "B"
ALL that tract of land together with the improvements thereon erected, situate in the
Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as
follows:
BEGINNING at a point, said point being two hundred ninety-one and six tenths (291.6)
feet in a northerly direction from the northeast corner of North 24 h Street, formerly Park
Avenue, and Walnut Street, and lying at the intersection of the southerly line of Lot No. 7
on the hereinafter mentioned plan of lots with the easterly line of North 24th Street,
formerly Park Avenue; thence in an easterly direction along the said line of Lot No. 7,
one hundred fifty-seven and 35 tenths (157.35) feet to a fourteen-foot alley; thence along
said alley in a northerly direction, one hundred forty and seven tenths (140.7) feet to line
of lands of Edward O. Davies; thence along said line of lands in a westerly direction, one
hundred-forty (140) feet more or less, to North 24h Street, formerly Park Avenue; thence
along said North 24 h Street, formerly Park Avenue, one hundred forty (140) feet to the
place of BEGINNING.
BEING Lots Nos. 7 and 8 and the southern 40 feet of Lot No. 9 on the Plan of Lots laid
out by H.C. Zacharias and recorded in the Office of the Recorder of Deeds in an for
Cumberland County in Plan Book 1, Page 1.
HAVING THEREON ERECTED a two-story frame and stucco dwelling house, No. 123
North-Twenty-Fourth Street, Camp Hill, Pa.
BEING the same premises which Debra K. Wallet, Administratrix of the Estate of
Eugenie M. Pauly, deceased, granted and conveyed unto George N. Pauly by deed dated
May 18, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania in Book 122 Page 286.
BOND
KNOW ALL MEN BY THESE PRESENTS, that a Declaration of Taking having been
filed on the 17 day of I 2007, by the Redevelopment Authority
of the County of Cumberland (thee "Obligor"), a body corporate and politic and existing
under the laws of the Commonwealth of Pennsylvania, being held and firmly bound unto
the Commonwealth of Pennsylvania (the "Obligee") for the use and benefit of the owner
or owners of the property condemned as hereinafter noted, and other proper parties in
interest, for such amount of damage as the owner or owners of the property and other
parties in interest shall be entitled to receive after the same shall have been agreed upon
or assessed in the manner prescribed by law, by the reason of the condemnation by
Obligor of certain land improvements located in the Borough of Camp Hill, Cumberland
County,-Pennsylvania and described as follows:
ALL that tract of land together with the improvements thereon erected, situate in the
Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as
follows:
BEGINNING at a point, said point being two hundred ninety-one and six tenths (291.6)
feet in a northerly direction from the northeast corner of North 20 Street, formerly Park
Avenue, and Walnut Street, and lying at the intersection of the southerly line of Lot No. 7
on the hereinafter mentioned plan of lots with the easterly line of North 20 Street,
formerly Park Avenue; thence in an easterly direction along the said line of Lot No. 7,
one hundred fifty-seven and 35 tenths (157.35) feet to a fourteen-foot alley; thence along
said alley in a northerly direction, one hundred forty and seven tenths (140.7) feet to line
of lands of Edward O. Davies; thence along said line of lands in a westerly direction, one
hundred forty (140) feet more or less, to North 24 h Street, formerly Park Avenue; thence
along said North 24 h Street, formerly Park Avenue, one hundred forty (140) feet to the
place of BEGINNING.
BEING Lots Nos. 7 and 8 and the southern 40 feet of Lot No. 9 on the Plan of Lots laid
out by H.C. Zacharias and recorded in the Office of the Recorder of Deeds in an for
Cumberland County in Plan Book 1, Page 1.
HAVING THEREON ERECTED a two-story frame and stucco dwelling house, No. 123
North Twenty-Fourth Street, Camp Hill, Pa.
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 1 day of
2007.
ATTEST:
Secretary
REDEVELOPMENT AUTHORITY OF
THE COUNTY OF CUMBERLAND
By
an / %'
IN RE: I Heanng uate:
CONDEMNATION BY THE REDEVELOPMENT
AUTHORITY OF THE COUNTY OF
CUMBERLAND
OF THE PREMISES KNOWN AND NUMBERED
AS 123 NORTH 24TH STREET, CAMP HILL,
CUMBERLAND COUNTY, PENNSYLVANIA,
BEING THE PROPERTY OF GEORGE N.
PAULY
Plaintiff/Petitioner
VS.
Defendant/Respondent
CAUSE NO: 07-2158
DECLARATION OF NON SERVICE OF:
NOTICE OF CONDEMNATION; DECLARATION
OF TAKING; EXHIBITS
The undersigned hereby declares: That s(he) is now and at all times herein mentioned was a
citizen of the United States, over the age of eighteen, not an officer of a plaintiff corporation,
not a party to nor interested in the above entitled action, and is competent to be a witness
therein.
Declarant states s(he) attempted to serve GEORGE N. PAULY at the address of: 2510
Regent St. #11, Berkeley, Alameda County, CA 94704 and was unable to effect service for
the following reasons:
513/2007 6:52:00 PM: The given address is a secured building. There Is no access to the
door.
5/6/200711:07:00 AM: Server could not gain access to the subject's door.
5/912007 7:25:00 AM: Server could not gain access to the subject's door.
511212007 3:16:00 PM: Server could not gain access to the subject's door.
Declarant hereby states under penalty of perjury under the laws of the State of Pennsylvania
that the statement above is true and correct.
DATED this 21st day of May, 2007.
John Sh per, Reg. # 713, Alameda, CA
ABC's Client Name ORIGINAL PROOF OF ABC Tracking #: 8206134
LexisNexis File & Serve SERVICE
SOP 11111IN11
14513922
EXHIBIT B
IN THE
CUMBERLAND COUNTY COURT OF COMMONS PLEAS TRIAL DIVISION
IN RE:
CONDEMNATION BY THE REDEVELOPMENT
AUTHORITY OF THE COUNTY OF
CUMBERLAND
OF THE PREMISES KNOWN AND NUMBERED
AS 123 NORTH 24TH STREET, CAMP HILL,
CUMBERLAND COUNTY, PENNSYLVANIA,
BEING THE PROPERTY OF GEORGE N.
PAULY
Plaintiff/Petitioner
vs.
Defendant/Respondent
Hearing Date:
CAUSE NO: 07-2158
DECLARATION OF NON SERVICE OF:
NOTICE OF CONDEMNATION; DECLARATION
OF TAKING; EXHIBITS
The undersigned hereby declares: That s(he) is now and at all times herein mentioned was a
citizen of the United States, over the age of eighteen, not an officer of a plaintiff corporation,
not a party to nor interested in the above entitled action, and is competent to be a witness
therein.
Declarant states s(he) attempted to serve GEORGE N. PAULY at the address of: 2510
REGENT ST, Berkeley, Alameda County, CA 94704 and was unable to effect service for
the following reasons:
5/15/2007 8:34:00 PM: Server could not gain access to the subject's door.
Declarant hereby states under penalty of perjury under the laws of the State of Pennsylvania
that the statement above is true and correct.
DATED this 21st day of May, 2007.
John
, Reg. # 713, Alameda, CA
ABC's Client Name ORIGINAL PROOF OF ABC Tracking #: 8206134
LexisNexis File & Serve SERVICE
SOP
14513922
' IN THE 6
CUMBERLAND COUNTY COURT OF COMMONS PLEAS TRIAL DIVISION
IN RE:
CONDEMNATION BY THE REDEVELOPMENT
AUTHORITY OF THE COUNTY OF
CUMBERLAND
OF THE PREMISES KNOWN AND NUMBERED
AS 123 NORTH 24TH STREET, CAMP HILL,
CUMBERLAND COUNTY, PENNSYLVANIA,
BEING THE PROPERTY OF GEORGE N.
PAULY
Hearing bate:
CAUSE NO: 07-2158
DECLARATION OF NON SERVICE OF:
NOTICE OF CONDEMNATION; DECLARATION
OF TAKING; EXHIBITS
Plaintiff/Petitioner
VS.
Defendant/Respondent
The undersigned hereby declares: That s(he) is now and at all times herein mentioned was a
citizen of the United States, over the age of eighteen, not an officer of a plaintiff corporation,
not a party to nor interested in the above entitled action, and is competent to be a witness
therein.
Declarant states s(he) attempted to serve GEORGE N. PAULY at the address of: 2512
Telegraph AVE Box 435, Berkeley, Alameda County, CA and was unable to effect service
for the following reasons:
5/18/2007 5:00:00 PM: The given address is a UPS Store. The employee would not
verify if the subject has a box here.
5/21/2007 8:33:00 AM: Per client request, these documents are being returned not
served.
Declarant hereby states under penalty of perjury under the laws of the State of Pennsylvania
that the statement above is true and correct.
DATED this 21st day of May, 2007
John ShiGper, Reg. # 713, Alameda, CA
ABC's Client Name ORIGINAL PROOF OF ABC Tracking #: 8206134
LexisNexis File & Serve SERVICE
SOP
14513922
SENDER: COIOPLETE THIS SECTION ('011';R FTE THIS SECTION CIN
¦ Complete items 1, 2, and 3. Also complete A. Sig
item 4 if Restricted Delivery is desired. X Agerd
¦ Print your name and address on the reverse
so that we can return the card to you. B., 7?nted Name) C. Dats
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from item 17 NG
1. Article Addressed to If YES, enter delivery address below: ? No
3. Service Type
?? 1`?? ?• `? ? C tIfiled Mail ? Express Mail
ARegistered ? Return R pt for Mwdwrdies
9 1 / ?y ?? r / ? Insured Mail ? C.O.D., -+ r r
4. Restricted Delivery? (Extra Fee) ? yes
2. Article Number
(Transfer from service D? /i J Y U 1/ I
PS Form 3811, February 2004 Domestic Return Receipt iAMls o2?f ts+pl
SENDER:
¦ Complete items 1, 2, and 3. Also complete A. ?g re
item 4 if Restricted Delivery Is desired.
¦ Print your name and address on the reverse X Addresses
so that we can return the card to you. B. R by (Printed Name) C, of
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from item 1 ? Yes
1. Article Addressed to: / If YES, enter delivery address below: ? No
3. Service Type
? Certified Mail ? Express Mail
iegistered ? Return Receipt for hterolrandiss
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
Tl
(transfer from service laben ?O
PS Form 3811, February 2004 Domestic Return Receipt 102595-024A-1510
EXHIBIT C
CIVIL ACTION - LAW
NO. 07-2158 CIVIL TERM
EMINENT DOMAIN PROCEEDING - IN REM
IN RE: CONDEMNATION BY THE
REDEVELOPMENT AUTHORITY
OF THE COUNTY OF CUMBERLAND
OF THE PREMISES KNOWN AND
NUMBERED AS 123 NORTH 24TH
STREET, CAMP HILL, CUMBERLAND
COUNTY, PENNSYLVANA, BEING
THE PROPERTY OF GEORGE N.
PAULY
TO: George N. Pauly, Jr.
aka George N. Pauly
PLEASE TAKE NOTICE that a Declaration of Taking was filed by the
Redevelopment Authority of the County of Cumberland on April 17, 2007.
The address of the condemnor is: Redevelopment Authority of the County of
Cumberland, 114 North Hanover Street, Carlisle, PA 17013.
The Condemnation action is authorized under the Urban Redevelopment Law of
Pennsylvania, Act of May 24, 1945, P.L. 991, Section 12.1 (35 P.S. 1712.1).
The Declaration was authorized by resolution adopted by the Board of the
Redevelopment Authority of the County of Cumberland at a meeting convened
on February 9, 2007. The Minutes of said meeting may be examined at the
office of the Authority, 114 North Hanover Street, Carlisle, PA.
The Redevelopment Authority of the County of Cumberland is authorized to
condemn properties pursuant to the provision of 35 P.S. 1712.1 for blighted
property removal.
The property condemned is all that certain piece or parcel of land situate in the
Borough of Camp Hill, Cumberland County, Pennsylvania, known and addressed
as:
123 North 24th Street, Camp Hill, PA
Tax Parcel No.: 01-21-0271-217
EXHIBIT D
w
tr > i ?
The condemnation vests title of fee simple absolute in this Authority. A legal
description for the condemned property may be inspected at the office of the
Authority, 114 North Hanover Street, Carlisle, PA.
Just compensation has been made or secured by a Bond filed by the Authority
with its Declaration of Taking in accordance with Section 303(A) of the Eminent
Domain Code, 26 Pa.C.S.A. 303(A).
IF YOU WISH TO CHALLENGE the power or the right of Condemnor to
appropriate the condemned property, the sufficiency of the security, the
procedure followed by Condemnor, or the Declaration of Taking, you must
file Preliminary Objections within thirty (30) days of this Notice of
Condemnation.
CHRISTOPHER C. HOUSTON, ESQ.
114 North Hanover Street
Carlisle, PA 17013
(717)249-0789
a
M y, `
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Tammy Shoemaker Classified Advertising Manager, of The Sentinel, of the County
and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a
newspaper of general circulation in the Borough of Carlisle, County and State
aforesaid, was established December 13th, 1881, since which date THE SENTINEL has
been regularly issued in said County, and that the printed notice or publication
attached hereto is exactly the same as was printed and published in the regular editions
and issues of THE SENTINEL on the following day(s)
May 25, 2007
COPY OF NOTICE OF PUBLICATION
IN RE:
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 07-2158 CIVIL TERM
EMINENT DOMAIN PROCEEDING - IN REM
CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE
COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND
NUMBERED AS 123 NORTH 24TH STREET, CAMP HILL,
CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY
OF GEORGE N. PAULY
TO: George N. Pauly Jr.
aka George N. Pauly
PLEASE TAKE NOTE that a Declaration of Taking was filed by the Redevelopment
Authority of the County of Cumberland on April 17, 2007.
The address of the condemnor is: Redevelopment Authority of the County of
Cumberland, 114 North Hanover Street, Carlisle, PA 17013.
The Condemnation action is authorized under the Urban Redevelopment Law of
Pennsylvania, Act of May 24, 1945, P.L. 991, Section 12.1 (35 P.S. 1712,1).
The Declaration was authorized by resolution adopted by the Board of the
Redevelopment Authority of the County of Cumberland at a meeting convened on
February 9, 2007. The Minutes of said meeting may be examined at the office of the
Authority, 114 North Hanover Street, Carlisle, PA.
The Redevelopment Authority of the County of Cumberland is authorized to condemn
properties pursuant to the provision of 35 P.S. 1712.1 for blighted property removal.
The property condemned is all that certain piece or parcel of land situate in the
Borough of Camp Hill, Cumberland County, Pennsylvania, known and addressed
as:
123 North 24th Street, Camp Hill, PA
Tax Parcel No.: 01 -21-0271-217
The condemnation vests title of fee simple absolute in this Authority. A legal
description for the condemned property may be inspected at the office of the
Authority, 114 North Hanover Street, Carlisle, PA.
Just compensation has been made or secured by a Bond filed by the Authodty with its
Declaration of Taking in accordance with Section 303(A) of the Eminent Domain
Code, 26 Pa.C.S.A. 303(A).
IF YOU WISH TO CHALLENGE the power orthe right of Condemnor-k"Wropriate
the condemned property, the sufficiency of the'security, the procedure followed by
Condemnor, or the Declaration of Taking,-you must file Prelfinlii ti ' 9blections "
within thirty (30) days of this Notice of Condemnation.
CHRISTOPHER C. HOUSTON, ESQUIRE
114 Norm Hanover Street
Carlisle, PA 17013
(717) 249-0789
Affiant further deposes that he/she is not
interested in the subject matter of the
aforesaid notice or advertisement, and that
all allegations in the foregoing statement
as to time, place and character of
publication are true.
Sworn to and subscribed before me this
29th. day of May, 2007.
Notary Publi
My commission expires:a1/ /OF
COMMONWEALTH OF PENNSYLVANIA
NOW U Seal
Ctmdna L. Wdfe, NOfary PUNC
Carlisle Boro, Clm tdand Ctxt*
My COrnrttissw Expires Sept. 1.20M
Member. Pennsylvania Association Of Notaries
EXHIBIT E
s
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA .
. ss.
COUNTY OF CUMBERLAND
i
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
Viz
June 1, 2007
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
a Marie Coyne, F/ditor
SWORN TO AND SUBSCRIBED before me this
1 day of June, 2007
Notary
NOTARIAL SEAL
DEBORM A COLLIM
EXHIBIT F CARLISLE $O Notary
COLVM
O^ E4*0$ Apr 28.2010
I t
CUMBERLAND LAW JOURNAL
The Redevelopment Authority of
NOTICE the County of Cumberland is autho-
rized to condemn properties pursu-
In the Court of Common Pleas ant to the provision of 35 P.S. 1712.1
of Cumberland County, for blighted property removal.
Pennsylvania The property condemned is all
that certain piece or parcel of land
CIVIL ACTION - LAW situate in the Borough of Camp Hill,
Cumberland County, Pennsylvania.
NO. 07-2158 CIVIL TERM known and addressed as:
123 North 24th Street. Camp
IN RE: CONDEMNATION BY THE Hill, PA.
Tax Parcel No
: 01-21-0271-217
REDEVELOPMENT AUTHORITY .
.
The condemnation vests title of
OF THE COUNTY OF CUMBER- fee simple absolute in this Author-
LAND OF THE PREMISES
KNOWN AND NUMBERED AS 123 ity. A legal description for the con-
NORTH 24TH STREET, CAMP demned property may be inspected
HILL, CUMBERLAND COUNTY, at the office of the Authority, 114
PENNSYLVANIA, BEING THE North Hanover Street, Carlisle. PA.
PROPERTY OF GEORGE N. Just compensation has been
PAULY made or secured by a Bond filed by
the Authority with its Declaration of
EMINENT DOMAIN Taking in accordance with Section
PROCEEDING-IN REM 303(A) of the Eminent Domain Code,
26 Pa.C.S.A. 303(A).
TO: George N. Pauly, Jr. a/k/a IF YOU WISH TO CHALLENGE
George N. Pauly the power or the right of Condem-
nor to appropriate the condemned
PLEASE TAKE NOTICE that a property, the sufficiency of the se-
Declaration of Taking was filed by curity, the procedure followed by
the Redevelopment Authority of the Condemnor, or the Declaration of
County of Cumberland on April 17 Taking, you must file Preliminary
,
2007 Objections within thirty (30) days
.
The address of the condemnor of this Notice of Condemnation.
is: Redevelopment Authority of the CHRISTOPHER C. HOUSTON,
County of Cumberland. 114 North ESQ.
114 North Hanover Street
Hanover Street, Carlisle, PA 17013. Carlisle, PA 17013
The Condemnation action is au- (717) 249-0789
thorized under the Urban Redevel- June 1
opment Law of Pennsylvania. Act of
May 24, 1945, P.L. 991, Section
12.1 (35 P.S. 1712.1).
The Declaration was authorized
by resolution adopted by the Board
of the Redevelopment Authority of
the County of Cumberland at a meet-
ing convened on February 9, 2007.
The Minutes of said meeting may
be examined at the office of the
Authority, 114 North Hanover
Street, Carlisle, PA.
5
C7 l fl
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'
V.. -%,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CONDEMNATION BY THE
REDEVELOPMENT AUTHORITY
OF THE COUNTY OF CUMBERLAND
OF THE PREMISES KNOWN AND
NUMBERED AS 123 NORTH 24TH
STREET, CAMP HILL, CUMBERLAND
COUNTY, PENNSYLVANIA, BEING
THE PROPERTY OF GEORGE N. PAULY
NO. 07-2158 CIVIL TERM
EMINENT DOMAIN PROCEEDING
IN REM
ENTRY OF APPEARANCE
Please enter my appearance on behalf of George N. Pauly with regard to the above-
captioned matter.
Date: August 3, 2007
1 A*v,x, L.Sa+t.e
Debra K. Wallet, Esquire
24 North 32nd Street
Camp Hill, PA 17011
T.D. #23989
(717) 737-1300
0-4- -A&
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CONDEMNATION BY THE
REDEVELOPMENT AUTHORITY
OF THE COUNTY OF CUMBERLAND
OF THE PREMISES KNOWN AND
NUMBERED AS 123 NORTH 24TH
STREET, CAMP HILL, CUMBERLAND
COUNTY, PENNSYLVANIA, BEING
THE PROPERTY OF GEORGE N. PAULY
NO. 07-2158 CIVIL TERM
EMINENT DOMAIN PROCEEDING
IN REM
PROOF OF SERVICE
I, Debra K. Wallet, Esq., hereby certify that on August 3, 2007, I served a true and
correct copy of the attached ENTRY OF APPEARANCE by regular first class mail, postage
prepaid addressed as follows:
Christopher C. Houston, Esquire
Director of Real Estate Development
Redevelopment Authority of the County of Cumberland
114 North Hanover Street, Suite 104
Carlisle, PA 17013-2446
hYU%& V-
Debra K. Wallet, Esquire
24 North 32nd Street
Camp Hill, PA 17011
I.D. #23989
(717) 737-1300
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IN RE:
CONDEMNATION BY THE
REDEVELOPMENT AUTHORITY
OF THE COUNTY OF CUMBERLAND
OF THE PREMISES KNOWN AND
NUMBERED AS 123 NORTH 24TH
STREET, CAMP HILL, CUMBERLAND
COUNTY, PENNSYLVANIA, BEING
THE PROPERTY OF GEORGE N.
PAULY
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
: NO. 07-2158 CIVIL TERM
EMINENT DOMAIN PROCEEDING
IN REM
SETTLEMENT AGREEMENT
AND
T
STIPULATION FOR PAYMENT
OF FINAL COMPENSATION
THIS AGREEMENT is entered into on the '2*" day of Aww-bwJ f', 2007, by
and among, George N. Pauly, Jr., by and through his attorney, Debra K. Wallet, Esquire
(the "Condemnee") and the Redevelopment Authority of the County of Cumberland, by
and through its attorney, Christopher C. Houston, Esquire (the "Condemnor").
WHEREAS, Condemnor filed a Declaration of Taking pursuant to 26 Pa. C.S.A. § 101
et.seq. (the "Eminent Domain Code") on April 17, 2007, at the above-captioned term and
number, with respect to premises located at 123 North 24 b Street, Camp Hill,
Cumberland County, Pennsylvania (the "Premises"); and
WHEREAS, Condemnor and Condemnee have reached an agreement on the amount of
final compensation that is to be paid to Condemnee in connection with the taking of the
Premises; and
WHEREAS, Condemnor and Condemnee desire to set forth herein their agreement and
stipulation for payment of final compensation (the "Agreement").
NOW, THEREFORE, Condemnor and Condemnee, intending to be legally bound, do
hereby agree as follows:
1. JUST COMPENSATION PAYABLE.
The parties agree that the amount of just compensation payable to Condemnee
is the sum of Two Hundred Five Thousand and 00/100 ($205,000.00) (the
"Just Compensation"). The parties further agree that the Just Compensation is
subject to a lien for all taxes and municipal claims due and owing as of the
date of the filing of the Declaration of Taking pursuant to 26 Pa.C.S.A. §521
(the "Liens"), which are as follows:
2007 Cumberland County and Municipal Taxes - $595.15
2006 Cumberland County, Municipal and School Taxes - $1,713.73
2005 Cumberland County and Municipal - $465.68
2007 Camp Hill Borough Sewer Charges - $579.47
The net Just Compensation payable to Condemnee after payment by
Condemnor of the Liens shall be the sum of Two Hundred One Thousand Six
Hundred Forty-Five and 97/100 Dollars ($201,645.97) (the "Final Just
Compensation").
2. SETTLEMENT OF ALL CLAIMS UPON PAYMENT OF FINAL JUST
COMPENSATION.
The parties agree that the payment of the Final Just Compensation to
Condemnee shall constitute full and final compensation for and shall be in full
settlement of any and all claims that Condemnee may have for general and
special damages under the Eminent Domain Code in connection with the
taking of the Premises, including, but not limited to, actual losses for personal
property and statutory fess and expenses.
3. FILING OF THE AGREEMENT.
The parties agree that upon payment of the Final Just Compensation to Debra
K. Wallet, Esquire, on behalf of Condemnee, that she shall endorse this
agreement and stipulation acknowledging receipt of the Final Just
Compensation and authorizing filing of same by Condemnor with the Court.
Date: Ku 2007
Christopher Houston, Esquire
Attorney for Condemnor
Date: %,/ 21, 2007
t.i ?
Debra K. Wallet, Esquire
Attorney for Condemnee
• ? ;?,
t ? +.
ATTORNEY'S ACKNOWLEDGEMENT AND RECEIPT
I, Debra K. Wallet, Esquire, attorney for George N. Pauly, Jr., do acknowledge receipt on
behalf of George N. Pauly, Jr. of the sum of Two Hundred One Thousand Six Hundred
Forty-Five and 97/100 Dollars ($201,645.97) as payment of the Final Just Compensation
pursuant to the Agreement dated . 261* , 2007. I further authorize the Condemnor
to file the Agreement with the Court.
Date: 4It • , 2007 Vaj le. kAAUC
Debra K. Wallet, Esquire
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