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HomeMy WebLinkAbout07-6224IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. .Q 7- -CIVIL ?`? TERM EMINENT 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 Cumberland County respectfully presents 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 "Board"), by resolution No. 2006-09, dated December 7 2006 did certify the premises hereinafter described (hereinafter the "Premises") to Condemnor as a blighted property. 5 On January 4, 2007 the Silver Spring Township Planning Commission did certify the Premises as a blighted property to Condemnor and did submit a recommendation to Condemnor that the Premises be reused for residential purposes. 6 On August 16, 2007, the Cumberland County Planning commission did certify the Premises as a blighted property and did submit a recommendation to the Condemnor that the Premises be reused in compliance with existing municipal zoning regulations. 7 The appropriate reuse of the Premises, as recommended by the aforesaid Planning Commissions, is not inconsistent with the Comprehensive Plans of the County of Cumberland and Silver Spring Township. 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 12`x' day of October, 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 with 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 title acquired in and to the property is 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 66C» ATTEST: REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND 0 0 - + LL7?J4L Secretary e By i an Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street hristopher C. Ho ston, Esquire Carlisle, PA 17013 717-249-0789 I verify that the aforesaid statements in the foregoing pleading are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. §1409, relating to unworn falsifications to authorities. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND By Christo her 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 26 NORTH OLD STONEHOUSE ROAD SILVER SPRING TOWNSHIP, 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 26 North Old Stonehouse Road, Silver Spring Township, 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. 2006-04 determining that the Premises is blighted; and WHEREAS, the property owners of the Premises, Vincent C. Provazzo and Lana K. Provazzo (hereinafter the "Owner"), had been served with the Blight Determination Resolution No. 2006-04 and notified of his right to appeal the determination or provide a rehabilitation plan; 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 Silver Spring Township Board of Supervisors for those commissions to make their own determination as to whether the property was blighted and to submit a recommendation as to the appropriate re-use of the Premises; and WHEREAS, the Silver Spring Township Planning Commission determined on January 4, 2007, that the Premises is a blighted property and did concur with the recommended re- use of the Premises for residential purposes; and WHEREAS, the Owner did enter into a rehabilitation agreement with the Board on January 23, 2007; and WHEREAS, the Owner failed to meet any and all requirements of aforesaid rehabilitation agreement by the date stipulated, July 1, 2007; and EXHIBIT A WHEREAS, upon the Owner's failure to meet any of these requirements, the Cumberland County Planning Commission made a determination on August 16, 2007, that the Premises is a blighted property and did concur with the recommended re-use of the Premises for residential purposes; and WHEREAS, the Redevelopment Authority had previously attempted to negotiate the acquisition of the Premises in lieu of condemnation without success; and WHEREAS, in accordance with the Urban Redevelopment Law, as amended, the Redevelopment Authority is authorized to acquire title to the Premises through eminent domain proceedings. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Authority of the County of Cumberland, in accordance with authority conferred by law, accepts the certification of the Premises located at 26 North Old Stonehouse Road, Silver Spring Township, 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 house and lot of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point, in the center of the public road (Legislative Route No. 21028), leading from the Trindle Road to Middlesex at corner of land now or formerly of Robert W. Pettigrew and wife; thence along the center line of said public road (Legislative Route No. 21028) North 4 degrees West, one hundred forty-two (142) feet to a point; thence along the line of land now or formerly of Paul E. Rebert and wife, North 85 degrees East, one hundred seventy-five and seven-tenths (175.7) feet to an iron pipe; thence still along line of land now or formerly of Paul E. Rebert and wife, South 4 degrees East, one hundred forty-six and two-tenths (146.2) feet to an iron pipe in the lands now or formerly of Robert W. Pettigrew and wife; thence along the line of lands now or formerly of Robert W. Pettigrew and wife, South 86 degrees 18 minutes West, one hundred seventy-five (175) feet at a point in the center of the public road (Legislative Route No. 21028), aforesaid, at the place of BEGINNING. HAVING thereon erected a single one (1) story brick dwelling with carport attached. RESOLVED that the title to be acquired shall be absolute or fee simple title, including all easements, rights of way, and real property interests of whatsoever nature. RESOLVED that counsel for the Redevelopment Authority and its proper 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 Date: LI Cr IU • C v ) ? 2 00:. r ? 'rman EXHIBIT "B" ALL that house and lot of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point, in the center of the public road (Legislative Route No. 21028), leading from the Trindle Road to Middlesex at corner of land now or formerly of Robert W. Pettigrew and wife; thence along the center line of said public road (Legislative Route No. 21028) North 4 degrees West, one hundred forty-two (142) feet to a point; thence along the line of land now or formerly of Paul E. Rebert and wife, North 85 degrees East, one hundred seventy-five and seven-tenths (175.7) feet to an iron pipe; thence still along line of land now or formerly of Paul E. Rebert and wife, South 4 degrees East, one hundred forty-six and two-tenths (146.2) feet to an iron pipe in the lands now or formerly of Robert W. Pettigrew and wife; thence along the line of lands now or formerly of Robert W. Pettigrew and wife, South 86 degrees 18 minutes West, one hundred seventy- five (175) feet at a point in the center of the public road (Legislative Route No. 21028), aforesaid, at the place of BEGINNING. HAVING thereon erected a single one (1) story brick dwelling with carport attached. EXHIBIT "C" BOND KNOW ALL MEN BY THESE PRESENTS, that a Declaration of Taking having been filed on the 2 Y+Inday of October, 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 Township of Silver Spring, Cumberland County, Pennsylvania and described as follows: ALL that house and lot of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point, in the center of the public road (Legislative Route No. 21028), leading from the Trindle Road to Middlesex at corner of land now or formerly of Robert W. Pettigrew and wife; thence along the center line of said public road (Legislative Route No. 21028) North 4 degrees West, one hundred forty-two (142) feet to a point; thence along the line of land now or formerly of Paul E. Rebert and wife, North 85 degrees East, one hundred seventy-five and seven-tenths (175.7) feet to an iron pipe; thence still along line of land now or formerly of Paul E. Rebert and wife, South 4 degrees East, one hundred forty-six and two-tenths (146.2) feet to an iron pipe in the lands now or formerly of Robert W. Pettigrew and wife; thence along the line of lands now or formerly of Robert W. Pettigrew and wife, South 86 degrees 18 minutes West, one hundred seventy-five (175) feet at a point in the center of the public road (Legislative Route No. 21028), aforesaid, at the place of BEGINNING. HAVING thereon erected a single one (1) story brick dwelling with carport attached. 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 2`4 day of October, 2007. ATTEST: jSectary REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND By _'11 airman C) W o } ? v r CD ?' ?o a ? n ? o r l z IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.4 G';?%IVIL 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 G (. \ , 2007, was recorded in the Office of Recorder of Deeds of the above county on the day of 2007 in Record Book , Page Christopher C. Houston, Esquire Attorney for Condemnor Redevelopment Authority of The County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 Date: O ;?y , 2007 c.' ca ? p - rs 9 ' t ? IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6224 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 10:45 A..M. on October 24, 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: (Q )Z Y , 2007 Christopher C. Houston, Esquire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013-2445 717-249-0789 -TI -? -ry y '- t f" ? L ry .4 SHERIFF'S RETURN - REGULAR SE NO: 2007-06224 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY REDEVELOPMEN VS PROVAZZO VINCENT C ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within DECLARATION OF TAKING PROVAZZO VINCENT C the CONDEMNEE , at 1444:00 HOURS, on the 20th day of November-, 2007 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to VINCENT PROVAZZO a true and attested copy of DECLARATION OF TAKING together with NOTICE OF CONDEMNATION and at the same time directing His attention to the contents thereof. t , Sheriff's Costs: Docketing 18.00 Service 30.72 Postage .58 Surcharge 10.00 .00 59.30 Sworn and Subscibed to before me this day of , A. D. So Answers: R. Thomas Kline 11/20/2007 REDEVELOPMENT AUTHORITY By: was served upon SHERIFF'S RETURN - REGULAR r .SE NO: 2007-06224 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY REDEVELOPMEN VS PROVAZZO VINCENT C ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within DECLARATION OF TAKING PROVAZZO LANA K CONDEMNEE the at 1444:00 HOURS, on the 20th day of November-, 2007 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 LANA PROVAZZO was served upon by handing to a true and attested copy of DECLARATION OF TAKING NOTICE OF CONDEMNATION together with and at the same time directing Her attention to the contents thereof. r Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 / ? 01 .00 16 00 3 . Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 11/20/2007 By: 7, e4 Zz ? - ? , / A. D. r ep ty She ifilv f IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO VINCENT C. PROVAZZO AND LANA K. PROVAZZO, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 A IVIL TERM EMINENT DOMAIN PROCEEDING IN REM PETITION FOR APPOINTMENT OF BOARD OF VIEWERS The Petition of the Redevelopment Authority of the County of Cumberland ("Condemnor"), by its attorney, Christopher C. Houston, Esquire, respectfully represents: 1 The Condemnor is the Redevelopment Authority of the County of Cumberland, whose address is 114 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2 On October 24, 2007, Condemnor filed a Declaration of Taking in this proceeding. A copy of the Declaration of Taking is attached is Exhibit "A." 3 No Preliminary Objections to the Declaration of Taking have been filed. 4 The name and address of all Condemnees known by Condemnor to have an interest in the condemned property are: Vincent C. Provazzo and Lana K. Provazzo, 10 Brian Drive, Carlisle, PA 17013. 5 A description of the condemned property is fully set forth in the attached Declaration of Taking. WHEREFORE, the Condemnor respectfully requests that this Court appoint pursuant to 26 Pa.C.S.A. 504(A)(1) three (3) viewers to assess the damages to which the Condemnees are entitled and to assess the benefits, if any, arising from the above-mentioned condemnation. 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 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. Christopher Gulotta Executive Director Redevelopment Authority of the County of Cumberland File: FAouston:Provazzo Pet . r IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0'7-411V CIVIL TERM EMINENT 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 Cumberland County respectfully presents that: 1 The Condemnor is the Redevelopment Authority of the County of Cumberland. The address of the condemnor is: 2 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. n T6g6p?1Nilr?. ? >r? and 0*80d 00 ONUAMM Ilk EXHIBIT "A" I 4 The Cumberland County Blighted Property Reinvestment Board (hereinafter "Board"), by resolution No. 2006-09, dated December 7 2006 did certify the premises hereinafter described (hereinafter the "Premises") to Condemnor as a blighted property. 5 On January 4, 2007 the Silver Spring Township Planning Commission did certify the Premises as a blighted property to Condemnor and did submit a recommendation to Condemnor that the Premises be reused for residential purposes. 6 On August 16, 2007, the Cumberland County Planning commission did certify the Premises as a blighted property and did submit a recommendation to the Condemnor that the Premises be reused in compliance with existing municipal zoning regulations. 7 The appropriate reuse of the Premises, as recommended by the aforesaid Planning Commissions, is not inconsistent with the Comprehensive Plans of the County of Cumberland and Silver Spring Township. 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 12th day of October, 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 with 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 title acquired in and to the property is 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 ?! !f n R f --+-- Secretary n? By irxnan hristopher C. Houston, Esquire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 I verify that the aforesaid statements in the foregoing pleading are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. §1409, relating to unworn falsifications to authorities. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND A ? 1 1 By Christo her 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 26 NORTH OLD STONEHOUSE ROAD SILVER SPRING TOWNSHIP, 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 26 North Old Stonehouse Road, Silver Spring Township, 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. 2006-04 determining that the Premises is blighted; and WHEREAS, the property owners of the Premises, Vincent C. Provazzo and Lana K. Provazzo (hereinafter the "Owner"), had been served with the Blight Determination Resolution No. 2006-04 and notified of his right to appeal the determination or provide a rehabilitation plan; 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 Silver Spring Township Board of Supervisors for those commissions to make their own determination as to whether the property was blighted and to submit a recommendation as to the appropriate re-use of the Premises; and WHEREAS, the Silver Spring Township Planning Commission determined on January 4, 2007, that the Premises is a blighted property and did concur with the recommended re- use of the Premises for residential purposes; and WHEREAS, the Owner did enter into a rehabilitation agreement with the Board on January 23, 2007; and WHEREAS, the Owner failed to meet any and all requirements of aforesaid rehabilitation agreement by the date stipulated, July 1, 2007; and EXHIBIT A r WHEREAS, upon the Owner's failure to meet any of these requirements, the Cumberland County Planning Commission made a determination on August 16, 2007, that the Premises is a blighted property and did concur with the recommended re-use of the Premises for residential purposes; and WHEREAS, the Redevelopment Authority had previously attempted to negotiate the acquisition of the Premises in lieu of condemnation without success; and WHEREAS, in accordance with the Urban Redevelopment Law, as amended, the Redevelopment Authority is authorized to acquire title to the Premises through eminent domain proceedings. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Authority of the County of Cumberland, in accordance with authority conferred by law, accepts the certification of the Premises located at 26 North Old Stonehouse Road, Silver Spring Township, 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 house and lot of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point, in the center of the public road (Legislative Route No. 21028), leading from the Trindle Road to Middlesex at corner of land now or formerly of Robert W. Pettigrew and wife; thence along the center line of said public road (Legislative Route No. 21028) North 4 degrees West, one hundred forty-two (142) feet to a point; thence along the line of land now or formerly of Paul E. Rebert and wife, North 85 degrees East, one hundred seventy-five and seven-tenths (175.7) feet to an iron pipe; thence still along line of land now or formerly of Paul E. Rebert and wife, South 4 degrees East, one hundred forty-six and two-tenths (146.2) feet to an iron pipe in the lands now or formerly of Robert W. Pettigrew and wife; thence along the line of lands now or formerly of Robert W. Pettigrew and wife, South 86 degrees 18 minutes West, one hundred seventy-five (175) feet at a point in the center of the public road (Legislative Route No. 21028), aforesaid, at the place of BEGINNING. HAVING thereon erected a single one (1) story brick dwelling with carport attached. RESOLVED that the title to be acquired shall be absolute or fee simple title, including all easements, rights of way, and real property interests of whatsoever nature. RESOLVED that counsel for the Redevelopment Authority and its proper 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 t r, Date: 0 L ?U (c., ) ? , zoo :? irman EXHIBIT "B" ALL that house and lot of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point, in the center of the public road (Legislative Route No. 21028), leading from the Trindle Road to Middlesex at corner of land now or formerly of Robert W. Pettigrew and wife; thence along the center line of said public road (Legislative Route No. 21028) North 4 degrees West, one hundred forty-two (142) feet to a point; thence along the line of land now or formerly of Paul E. Rebert and wife, North 85 degrees East, one hundred seventy-five and seven-tenths (175.7) feet to an iron pipe; thence still along line of land now or formerly of Paul E. Rebert and wife, South 4 degrees East, one hundred forty-six and two-tenths (146.2) feet to an iron pipe in the lands now or formerly of Robert W. Pettigrew and wife; thence along the line of lands now or formerly of Robert W. Pettigrew and wife, South 86 degrees 18 minutes West, one hundred seventy- five (175) feet at a point in the center of the public road (Legislative Route No. 21028), aforesaid, at the place of BEGINNING. HAVING thereon erected a single one (1) story brick dwelling with carport attached. r EXHIBIT "C" BOND KNOW ALL MEN BY THESE PRESENTS, that a Declaration of Taking having been filed on the 2 Y t nday of October, 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 Township of Silver Spring, Cumberland County, Pennsylvania and described as follows: ALL that house and lot of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point, in the center of the public road (Legislative Route No. 21028), leading from the Trindle Road to Middlesex at corner of land now or formerly of Robert W. Pettigrew and wife; thence along the center line of said public road (Legislative Route No. 21028) North 4 degrees West, one hundred forty-two (142) feet to a point; thence along the line of land now or formerly of Paul E. Rebert and wife, North 85 degrees East, one hundred seventy-five and seven-tenths (175.7) feet to an iron pipe; thence still along line of land now or formerly of Paul E. Rebert and wife, South 4 degrees East, one hundred forty-six and two-tenths (146.2) feet to an iron pipe in the lands now or formerly of Robert W. Pettigrew and wife; thence along the line of lands now or formerly of Robert W. Pettigrew and wife, South 86 degrees 18 minutes West, one hundred seventy-five (175) feet at a point in the center of the public road (Legislative Route No. 21028), aforesaid, at the place of BEGINNING. HAVING thereon erected a single one (1) story brick dwelling with carport attached. 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 f 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 2`4 day of October, 2007. ATTEST: !f° ff 4,? I l Sec tary . REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND By ?, ?,I airman C IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO VINCENT C. PROVAZZO AND LANA K. PROVAZZO, PLAINTIFFS V. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-6224 CIVIL TERM ORDER OF COURT AND NOW, this day of January, 2008, that portion of this court's order of January 10, 2008, appointing Fred Hefelfinger to the Board of Viewers is vacated and Gary Sausser is appointed in his place. All other provisions of the order of January 10, 2008, shall remain in full force and effect. By the G6urt, Edgar B. Bayley, J. /-ristopher C. Houston, Esquire or Redevelopment Authority of Cumberland County ht illiam A. Duncan, Esquire Chairman Board of View :sal ?C C5 „ ? .at IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO : VINCENT C. PROVAZZO AND LANA K. PROVAZZO, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6224 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM MOTION FOR ENTRY UPON PROPERTY AND NOW, comes the Redevelopment Authority of the County of Cumberland, by and through its attorney, Christopher C. Houston, Esquire, which moves pursuant to Pa RCP 4019 (a)(1)(vii), as follows: 1 The Movant is the Redevelopment Authority of the County of Cumberland, the Defendant in the above-captioned proceeding. 2 On October 24, 2007, Movant filed a Declaration of Taking in this proceeding for the condemnation of a vacant property located at 26 North Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania (the "Property"). 3 The owners of the Property are Vincent C. Provazzo and Lana K. Provazzo, the Plaintiffs, who reside at 10 Brian Drive, Carlisle, Cumberland County, Pennsylvania. 4 No Preliminary Objections to the Declaration of Taking were filed by the Plaintiffs. 5 After consideration of a Petition for Appointment of Board of Viewers filed by Movant, the Court issued an Order of Court dated January 10, 2008 appointing William A. Duncan, Esquire, James Sheya, and Fred Hefelfinger as a Board of Viewers to assess damages in the condemnation and further ordered that the Board of Viewers perform its duties in accordance with the laws and acts of assembly. 6 By Order of Court dated January 30, 2008, that portion of the Court's Order of January 10, 2008 appointing Fred Hefelfinger was vacated and Gary Sausser was appointed in his place. 7 The Board of Viewers served a Notice of View upon the parties in the proceedings and scheduled a view of the Property for May 22, 2008, at 1:30 P.M. 8 On May 22, 2008, the Board of Viewers and Defendant did appear at the view; however, the Plaintiffs failed to appear and the Board of Viewers and the Defendant were unable to obtain access to view the interior of the structure on the Property. Although the Defendant does possess legal title to the Property, it does not have possession of the Property. 10 The Eminent Domain Code at 26 Pa. C.S.A. § 307 (a)(1)(i) provides that a condemnor shall be entitled to possession or right of entry upon payment of or a written offer to pay to the condemnee the amount of just compensation as estimated by the condemnor. 11 The Defendant is unable to arrive at an estimate of just compensation until it views the interior of the Property and has not, therefore tendered an amount of just compensation to the Plaintiffs for purposes of taking possession. 12 In order to properly assess the just compensation due to Plaintiffs for the taking, it is necessary for the Board of Viewers and the Defendant to view the interior of the structure on the Property. 13 The Board of Viewers has requested the Defendant to gain access to the structure on the Property in order for the Board of Viewers to accompany the Defendant on a view of the interior of the structure. 14 Pursuant to Pa RCP 4009.32(b), the Movant served upon the Plaintiffs a Request for Entry Upon Property for the specific purposes of allowing the Board of Viewers, the Movant, and the Movant's real estate appraiser to view the interior of the structure upon the Property. Attached hereto and marked as Exhibit "A" is a copy of the Request for Entry Upon Property. 15 The Request for Entry Upon Property was served upon the Plaintiffs on June 14, 2008. A copy of the Certificate of Service is attached hereto and marked as Exhibit "B". 16 The Request for Entry Upon Property provided that the Plaintiffs were to allow the requested entry unless the request was objected to within thirty (30) days after service of the Request. 17 The Plaintiffs have not filed an objection to the Request for Entry Upon Property nor have they contacted Movant for purposes of making arrangements for the entry upon the Property. 18 The Plaintiffs are not represented by counsel in these proceedings. 19 The Honorable Edgar B. Bayley has been previously involved in these proceedings, having issued the Order of Court appointing the Board of Viewers 20 The Plaintiffs have failed to respond to the Request for Entry Upon Property and are, pursuant to Pa RCP 2019(a)(1)(vii), subject to an appropriate order of the Court sanctioning the failure to respond that inspection will be permitted as requested or otherwise failing to permit inspection as requested. WHEREFORE, Movant, the Redevelopment Authority of the County of Cumberland (the "Authority") respectfully requests this Honorable Court to enter an Order of Court, providing as follows: A. The Authority and its agent(s) are permitted to make entry upon the structure on the property located at 26 North Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania to view the interior of the property (the "View"); B. The Authority shall coordinate with the Board of Viewers for the scheduling of the date and time for the View of the property, in order for the Board of Viewers to accompany the Authority on the View; C. The Authority shall give ten (10) days prior written notice to the Plaintiffs, Vincent C. Provazzo and Lana K. Provazzo of the date and time of the View; D. Upon completion of the View, the Authority shall at its sole cost and expense properly secure the structure on the property; and E. Such other relief as is just. Respectfully submitted, Christopher C. Houston, Esquire Attorney for Defend ant/Movant 114 North Hanover Street Carlisle, PA 17013 717-249-0789 IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6234 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM VINCENT C. PROVAZZO AND LANA K. PROVAZZO, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant REQUEST FOR ENTRY UPON PROPERTY TO: Vincent C. Provazzo and Lana K. Provazzo, Plaintiffs The Redevelopment Authority of the County of Cumberland, requests entry upon the property located at 26 North Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania, and more specifically, the interior of the structure located upon the aforesaid property, for purposes of allowing the Board of Viewers, the Defendant, and Defendant's real estate appraiser, to view the interior of the structure. EXHIBIT "A" Pennsylvania Rule of Civil Procedure 4009.32(b) states that you shall allow the requested entry unless the request is objected to within thirty (30) days after service of the request, in which event the reasons for your objection shall be stated. If objection is made to a part of this request, the part shall be specified. You are to within thirty (30) days of the date of service of this request contact the attorney listed below to make arrangements for the entry upon the property or to provide in writing within the time period stated above your objection to the request. If you fail to allow the requested entry or submit in writing your objections thereto within thirty (30) days after service of this request, the Defendant will file a Motion with the Court seeking a Court Order allowing the Defendant entry upon your property and such other relief as may be appropriate. Date: lul f 2 Cos Christopher C. Houston, Esquire Attorney for Defendant 114 North Hanover Street Carlisle, PA 17013 717-249-0789, Ext. 130 cc: William A. Duncan, Esquire, Chairman/Board of Viewers IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD : STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO : VINCENT C. PROVAZZO AND LANA K. PROVAZZO, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6234 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM CERTIFICATE OF SERVICE I hereby certify that on May 27, 2008 a Request for Entry Upon Property was served by certified mail, return receipt requested, upon the following: Vincent C. Provazzo Lana K. Provazzo 10 Brian Drive Carlisle, PA 17013 AChristoph r C. Houston, Esquire Attorney for Defendant 114 North Hanover Street Carlisle, PA 17013 717-249-0789, Ext. 130 File: F: Houston:Provazzo Request SENDER : COMPLETE ¦ Complete items 1, 2, and 3. Also complete A s ftern 4 It Restricted Delivery is desired. ? P me ¦ Print your name and address on the reverse x so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, 1n Pil. R? b °°°°e of Dellrery or on ?he front If space permits, ' 1 aC , 1. Article Addressed to: D. Is delivery address Ilse MR &,MRS VINCENT C PROVAZZO If YES, enter deitvery below:. No 10 BRIAN DR C LI '20 AR SLE PA 17013 x 3. Service Type Mortified Mao 0 Express map ? Registered ? ReturnReceipt for Mwal Whe c O traxed Map ? C.O.D. 7- 1 4. PA*k4ed Delivery? (Extra F* 0 libs : 2. Article Number mrns,erftm service i 7005 1822 2202 4616 0325 PS Form 3811, August 2001 Domestic Return' Receipt , t e i EXHIBIT "B" IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO : VINCENT C. PROVAZZO AND LANA K. PROVAZZO, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6224 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM CERTIFICATE OF SERVICE I hereby certify that on the 14tday of J w? 2008, a Motion for Sanctions was served by certified mail, return receipt requested, upon the following: Vincent C. Provazzo and Lana K. Provazzo 10 Brian Drive Carlisle, PA 17013 And by first class mail upon the following: William A. Duncan, Esquire Chairman, Board of View One Irvine Row Carlisle, PA 17013 6 ristopher C. ouston, Esquire Attorney for Defendant/Movant 114 North Hanover Street Carlisle, PA 17013 717-249-0789 FAHOUSTOMProvazzo Motion.doc r-a ?-? c.?? ?? ?? t? _ ? , "? ??' ?? ?? C?:a ?_"-h 1M 17 2Q9l? IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO VINCENT C. PROVAZZO AND LANA K. PROVAZZO, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6224 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM ORDER OF COURT AND NOW, this OZO day of , 2008, upon a Motion for Entry Upon Property of the Redevelopment Authority of the County of Cumberland (the "Authority"), it is ordered and directed as follows: A. The Authority and its agent(s) are permitted to make entry upon the structure on the property located at 26 North Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania to view the interior of the property (the "View"); B. The Authority shall coordinate with the Board of Viewers for the scheduling of the date and time for the View of the property, in order for the Board of Viewers to accompany the Authority on the View; C. The Authority shall give ten (10) days prior written notice to the Plaintiffs, Vincent C. Provazzo and Lana K. Provazzo of the date and time of entry; and D. Upon completion of the View, the Authority shall at its sole cost and expense properly secure the structure on the property J. Christopher C. Houston, Esquire for Redevelopment Authority of the County of Cumberland ?William A. Duncan, Esquire/Chairman, Board of View ,/?/incent C. Provazzo and Lana K. Provazzo 10 Brian Drive Carlisle, PA 17013 I'CS r114 1, LSeL 7/a??aS al I WV I Z -iAr HE :-5Hi ?JO IN RE: CONDEMNATION BY : IN THE COURT OF COMMON PLEAS OF REDEVELOPMENT AUTHORITY : CUMBERLAND COUNTY, : PENNSYLVANIA OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO VINCENT C. PROVAZZO AND LANA K. PROVAZZO, PLAINTIFFS V. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, DEFENDANT 07-6224 CIVIL TERM NOTICE OF FILING OF REPORT OF VIEWERS Christopher C. Houston, Esq. Vincent C. & Lana K. Provazzo Mr. Gary R. Sausser Redevelopment Authority of 10 Brian Drive 1306 Bosler Place The Cumberland County Carlisle, PA 17013 Carlisle, PA 17013 114 N. Hanover Street Carlisle, PA 17013 Mr. James P. Sheya William A. Duncan, Esq. 433 Mooreland Avenue 1 Irvine Row Carlisle, PA 17013 Carlisle, PA 17013 Wi1YY/SlkS, N3d ? 0 =Z Nd h- 933 60OZ /1WIQY?fr?J'HiOiiV 3?Hi IN RE: CONDEMNATION BY REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO VINCENT C. PROVAZZO AND LANA K. PROVAZZO, PLAINTIFFS V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REDEVELOPMENT AUTHORITY OF : THE COUNTY OF CUMBERLAND, : DEFENDANT : 07-6224 CIVIL. TERM !- _0 ) Z01 1_. _. _M:1 1:14 )kTI) 111Y.1 11 ?t The undersigned Chairman of Viewers respectively reports: HISTORY OF THE CASE 1. On October 24, 2007, the Redevelopment Authority of the County of Cumberland filed a Condemnation for the property located at 26 North Old Stonehouse Road, Silver Spring Township, Cumberland County at the above-referenced docket number. See Exhibit "A" attached. 2. The condemnation effectuated a taking of property owned by Vincent C. and Lana K. Provam, located in Cumberland County, Commonwealth of Pennsylvania (hereinafter Subject Property). See Exhibit "B" attached. 3. By Order of Court of January 10, 2008, the Court appointed William A. Duncan, Esquire, Chairman, Fred R. HefeWmger and James Sheya as a Board of Viewers to assess damages in the condemnation. See Exhibit "C" attached. 4. By Order of Court of January 30, 2008, the Ostler of Court dated January 10, 2008 appointing Fred Hefelfinger was vacated and Clary Sausser appointed in his place. See Exhibit "D" attached. The Taking $125,000.00 Less Real Estate Taxes for 2006, 2007 and 2008 ($5,313.92) Total Due $119,686.08 Less any amount paid by Condemnor to Condemnees; plus the pro-rata portion of the portion of 2008 Real Estate taxes which are allocable to a period subsequent to the date of relinquishment of possession of the Premises; and plus interest payable at an annual rate equal to the prime rate as listed in the first edition of the Wall Street Joun d published in the year, plus 1 %, not compounded, from the date of relinquishment of possession of the Premises by the Condemnees, being the date of issuance to the Condemnor of a writ of possession by the Court, but only is payment has not been made on account or into court, as of the date of relinquishment. IV. VIEWER'S DUTIES As set forth in the Procedural Statement, the Viewers executed their duties by Views and Hearings. The Board is submitting it's Bill of Costs as the duties of the Board have been discharged. Respectfully Submitted: ? k `2U U Hate. . c( By: William A. Duncan, Nqu Chairman, Board of View IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. U - 6; IVIL 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 zt{?"'' day of G (ol -, , 2007, was recorded in the Office of Recorder of Deeds of the above county on the 2 day of O , 2007 in Record Book Page X?at 2. f Z? ? Christopher C. Houston, Esquire Attorney for Condemnor Redevelopment Authority of The County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 Date:-/6 ? `? , 2007 IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6224 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 10:45 A..M. on October 24, 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: O ; Y , 2007 Christopher C. Houston, 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 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07' j_tq CIVIL TERM EMINENT 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 Cumberland County respectfully presents 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 `Board"), by resolution No. 2006-09, dated December 7 2006 did certify the premises hereinafter described (hereinafter the "Premises") to Condemnor as a blighted property. 5 On January 4, 2007 the Silver Spring Township Planning Commission did certify the Premises as a blighted property to Condemnor and did submit a recommendation to Condemnor that the Premises be reused for residential purposes. 6 On August 16, 2007, the Cumberland County Planning commission did certify the Premises as a blighted property and did submit a recommendation to the Condemnor that the Premises be reused in compliance with existing municipal zoning regulations. 7 The appropriate reuse of the Premises, as recommended by the aforesaid Planning Commissions, is not inconsistent with the Comprehensive Plans of the County of Cumberland and Silver Spring Township. 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 12'' day of October, 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 with 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 title acquired in and to the property is 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 Secretary By an hristopher C. Ho stop, Esquire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 I verify that the aforesaid statements in the foregoing pleading are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. §1409, wing to unworn falsifications to authorities. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND By 4-Le Christo her 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 26 NORTH OLD STONEHOUSE ROAD SILVER SPRING TOWNSHIP, 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 26 North Old Stonehouse Road, Silver Spring Township, 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. 2006-04 determining that the Premises is blighted; and WHEREAS, the property owners of the Premises, Vincent C. Provazzo and Lana K. Provazzo (hereinafter the "Owner"), had been served with the Blight Determination Resolution No. 2006-04 and notified of his right to appeal the determination or provide a rehabilitation plan; 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 Silver Spring Township Board of Supervisors for those commissions to make their own determination as to whether the property was blighted and to submit a recommendation as to the appropriate re-use of the Premises; and WHEREAS, the Silver Spring Township Planning Commission determined on January 4, 2007, that the Premises is a blighted property and did concur with the recommended re- use of the Premises for residential purposes; and WHEREAS, the Owner did enter into a rehabilitation agreement with the Board on January 23, 2007; and WHEREAS, the Owner failed to meet any and all requirements of aforesaid rehabilitation agreement by the date stipulated, July 1, 2007; and EXHIBIT A WHEREAS, upon the Owner's failure to meet any of these requirements, the Cumberland County Planning Commission made a determination on August 16, 2007, that the Premises is a blighted property and did concur with the recommended re-use of the Premises for residential purposes; and WHEREAS, the Redevelopment Authority had previously attempted to negotiate the acquisition of the Premises in lieu of condemnation without success; and WHEREAS, in accordance with the Urban Redevelopment Law, as amended, the Redevelopment Authority is authorized to acquire title to the Premises through eminent domain proceedings. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Authority of the County of Cumberland, in accordance with authority conferred by law, accepts the certification of the Premises located at 26 North Old Stonehouse Road, Silver Spring Township, 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 house and lot of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point, in the center of the public road (Legislative Route No. 21028), leading from the Trindle Road to Middlesex at corner of land now or formerly of Robert W. Pettigrew and wife; thence along the center line of said public road (Legislative Route No. 21028) North 4 degrees West, one hundred forty-two (142) feet to a point; thence along the line of land now or formerly of Paul E. Rebert and wife, North 85 degrees East, one hundred seventy-five and seven-tenths (175.7) feet to an iron pipe; thence still along line of land now or formerly of Paul E. Rebert and wife, South 4 degrees East, one hundred forty-six and two-tenths (146.2) feet to an iron pipe in the lands now or formerly of Robert W. Pettigrew and wife; thence along the line of lands now or formerly of Robert W. Pettigrew and wife, South 86 degrees 18 minutes West, one hundred seventy-five (175) feet at a point in the center of the public road (Legislative Route No. 21028), aforesaid, at the place of BEGINNING. HAVING thereon erected a single one (1) story brick dwelling with carport attached. RESOLVED that the title to be acquired shall be absolute or fee simple title, including all easements, rights of way, and real property interests of whatsoever nature. RESOLVED that counsel for the Redevelopment Authority and its proper 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 Date: 0 G 1U •lt,, ) ? , 2 00 -+ EXHIBIT "B" ALL that house and lot of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point, in the center of the public road (Legislative Route No. 21028), leading from the Trindle Road to Middlesex at corner of land now or formerly of Robert W. Pettigrew and wife; thence along the center line of said public road (Legislative Route No. 21028) North 4 degrees West, one hundred forty-two (142) feet to a point; thence along the line of land now or formerly of Paul E. Rebert and wife, North 85 degrees East, one hundred seventy-five and seven-tenths (175.7) feet to an iron pipe; thence still along line of land now or formerly of Paul E. Rebert and wife, South 4 degrees East, one hundred forty-six and two-tenths (146.2) feet to an iron pipe in the lands now or formerly of Robert W. Pettigrew and wife; thence along the line of lands now or formerly of Robert W. Pettigrew and wife, South 86 degrees 18 minutes West, one hundred seventy- five (175) feet at a point in the center of the public road (Legislative Route No. 21028), aforesaid, at the place of BEGINNING. HAVING thereon erected a single one (1) story brick dwelling with carport attached. EXHIBIT "C" BOND KNOW ALL MEN BY THESE PRESENTS, that a Declaration of Taking having been filed on the 2- Yiay of October, 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 Township of Silver Spring, Cumberland County, Pennsylvania and described as follows: ALL that house and lot of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point, in the center of the public road (Legislative Route No. 21028), leading from the Trindle Road to Middlesex at corner of land now or formerly of Robert W. Pettigrew and wife; thence along the center line of said public road (Legislative Route No. 21028) North 4 degrees West, one hundred forty-two (142) feet to a point; thence along the line of land now or formerly of Paul E. Rebert and wife, North 85 degrees East, one hundred seventy-five and seven-tenths (175.7) feet to an iron pipe; thence still along line of land now or formerly of Paul E. Rebert and wife, South 4 degrees East, one hundred forty-six and two-tenths (146.2) feet to an iron pipe in the lands now or formerly of Robert W. Pettigrew and wife; thence along the line of lands now or formerly of Robert W. Pettigrew and wife, South 86 degrees 18 minutes West, one hundred seventy-five (175) feet at a point in the center of the public road (Legislative Route No. 21028), aforesaid, at the place of BEGINNING. HAVING thereon erected a single one (1) story brick dwelling with carport attached. 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 2`4 day of October, 2007. ATTEST: Q--? ; - Sec tary -UW REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND By airman JAN 0 82008 MU IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO : VINCENT C. PROVAZZO AND LANA K. PROVAZZO, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07 Waay NO. B:-6284 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM ORDER AND NOW, this day of Qfia??? 2008, upon consideration of the Petition of the Redevelopment Authority of the County of Cumberland, the Court appoints: ,t,Qb wn-n ?3llna _A9 A, A J v , as a Board of Viewers to assess damages in the condemnation and further orders that the Board of Viewers perform its duties in accordance with the laws and acts of assembly and grants leave to the Board of Viewers to issue an interlocutory report or interlocutory reports covering such property or claims as the Board of Viewers determines appropriate. (the J. IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO VINCENT C. PROVAZZO AND LANA K. PROVAZZO, PLAINTIFFS V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, DEFENDANT : 07-6224 CIVIL TERM ORDER OF COURT AND NOW, this day of January, 2008, that portion of this court's order of January 10, 2008, appointing Fred Hefelfinger to the Board of Viewers is vacated and Gary Sausser is appointed in his place. All other provisions of the order of January 10, 2008, shall remain in full force and effect. By the. G6urt, Edgar B. Bayley, J. Christopher C. Houston, Esquire For Redevelopment Authority of Cumberland County William A. Duncan, Esquire Chairman Board of View :sal rx IN RE: CONDEMNATION BY REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO VINCENT C. PROVAZZO AND LANA K. PROVAZZO, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, DEFENDANT 07-6224 CIVIL TERM NOTICE OF VIEW TO: Christopher C. Houston, Esq. Redevelopment Authority of The Cumberland County 114 N. Hanover Street Carlisle, PA 17013 Vincent C. & Lana K. Provazzo 10 Brian Drive Carlisle, PA 17013 Mr. James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 Mr. Gary R. Sausser 1306 Bosler Place Carlisle, PA 17013 William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and Gary Sausser, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet at the premises on May 22, 2008 at 1:30 P.M. for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and present their objections. Date: PS/ /a , 2008 By. 11LA-- WilliamX. Duncan, Esquire Chairman, Board of View WAD/jda IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO : VINCENT C. PROVAZZO AND LANA K. PROVAZZO, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6234 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM REQUEST FOR ENTRY UPON PROPERTY TO: Vincent C. Provazzo and Lana K. Provazzo, Plaintiffs The Redevelopment Authority of the County of Cumberland, requests entry upon the property located at 26 North Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania, and more specifically, the interior of the structure located upon the aforesaid property, for purposes of allowing the Board of Viewers, the Defendant, and Defendant's real estate appraiser, to view the interior of the cV structure. Pennsylvania Rule of Civil Procedure 4009.32(b) states that you shall allow the requested entry unless the request is objected to within thirty (30) days after service of the request, in which event the reasons for your objection shall be stated. If objection is made to a part of this request, the part shall be specified. You are to within thirty (30) days of the date of service of this request contact the attorney listed below to make arrangements for the entry upon the property or to provide in writing within the time period stated above your objection to the request. If you fail to allow the requested entry or submit in writing your objections thereto within thirty (30) days after service of this request, the Defendant will file a Motion with the Court seeking a Court Order allowing the Defendant entry upon your property and such other relief as may be appropriate. Date: Christopher C. Houston, Esquire Attorney for Defendant 114 North Hanover Street Carlisle, PA 17013 717-249-0789, Ext. 130 cc: William A. Duncan, Esquire, Chairman/Board of Viewers IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO : VINCENT C. PROVAZZO AND LANA K. PROVAZZO, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6234 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM CERTIFICATE OF SERVICE I hereby certify that on May 27, 2008 a Request for Entry Upon Property was served by certified mail, return receipt requested, upon the following: Vincent C. Provazzo Lana K. Provazzo 10 Brian Drive Carlisle, PA 17013 Christoph r C. Houston, Esquire Attorney for Defendant 114 North Hanover Street Carlisle, PA 17013 717-249-0789, Ext. 130 File: F:Houston:Provazzo Request ,JUL 17 2008 )1,, IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CONDEMNATION BY THE PENNSYLVANIA REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND NO. 07-6224 CIVIL TERM OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD EMINENT DOMAIN PROCEEDING STONEHOUSE ROAD, SILVER IN REM SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO : VINCENT C. PROVAZZO AND LANA K. PROVAZZO, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant ORDER OF COURT AND NOW, this "day of IA , 2008, upon a Motion for Entry Upon Property of the Redevelopment Authority of the County of Cumberland (the "Authority"), it is ordered and directed as follows: A. The Authority and its agent(s) are permitted to make entry upon the structure on the property located at 26 North Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania to view the interior of the property (the "View"); B. The Authority shall coordinate with the Board of Viewers for the scheduling of the date and time for the View of the property, in order for the Board of Viewers to accompany the Authority on the View; C. The Authority shall give ten' (10) days prior written notice to the Plaintiffs, Vincent C. Provazzo and Lana K. Provazzo of the date and time of entry; and D. Upon completion of the View, the Authority shall at its sole cost and expense properly secure the structure on the property. By the Court, Christopher C. Houston, Esquire for Redevelopment Authority of the County of Cumberland William A. Duncan, Esquire/Chairman, Board of View Vincent C. Provazzo and Lana K. Provazzo 10 Brian Drive Carlisle, PA 17013 4 teGtr ? •, *;f; soi. I We urwtc' 23t MY IAN vo 2- IN RE: CONDEMNATION BY REDEVELOPMENT AUTHORITY ()' CQVNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO VINCENT C. PROVAZZO AND LANA K. PR.OVAZZO, PLAD41 IFFS V. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 07-6224 CIVIL TERM NOTICE OF VIEW TO: Christopher C. Houston, Esq. Redevelopment Authority of The Cumberland County 114 N. Hanover Street Carlisle, PA 17013 Mr. Gary R. Sausser 1306 Bosler Place Carlisle, PA 17013 Vincent C. & Lana K. Provazzo 10 Brian Drive Carlisle, PA 17013 Mr. James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and Gary Sausser, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet at the premises on August 14, 2008 at 9:30 A.M. for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and present their objections. Date: July 25 , 2008 By: William A. Duncan, Esquire Chairman, Board of View WAD/jda IN RE: CONDEMNATION BY REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO VINCENT C. PROVAZZO AND LANA K. PROVAZZO, PLAINTIFFS V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, DEFENDANT 07-6224 CIVIL TERM NOTICE OF CONTINUATION OF VIEW TO: Christopher C. Houston, Esq. Redevelopment Authority of The Cumberland County 114 N. Hanover Street Carlisle, PA 17013 James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 William A. Duncan, Chairman One Irvine Row Carlisle, PA 17013 Mr. Gary R. Sausser 1306 Bosler Place Carlisle, PA 17013 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and Gary Sausser, directing them to determine a just compensation for the condemnation of said premises. The View has been Continued for the performance of their duties under said Order. Date: 00 It 2008 By_ ? William A. Duncan, Esquire Chairman, Board of View WAD/jda IN RE: CONDEMNATION BY REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO VINCENT C. PROVAZZO AND LANA K. PROVAZZO, PLAINTIFFS V. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 07-6224 CIVIL TERM NOTICE OF VIER' TO: Christopher C. Houston, Esq. Redevelopment Authority of The Cumberland County 114 N. Hanover Street Carlisle, PA 17013 Mr. Gary R. Sausser 1306 Bosler Place Carlisle, PA 17013 Vincent C. & Lana K. Provazzo 10 Brian Drive Carlisle, PA 17013 Mr. James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and Gary Sausser, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet at the premises on September 9, 2008 at 11:00 A.M. for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and present their objections. Date: Au" 25, 2008 By: William A. Duncan, Esquire Chairman, Board of View WAD/jda IN RE: CONDEMNATION BY REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO VINCENT C. PROVAZZO AND LANA K. PROVAZZO, PLAINTIFFS V. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 07-6224 CIVIL TERM NOTICE OF HEARING - RESCHEDULED TO: Christopher C. Houston, Esq. Redevelopment Authority of The Cumberland County 114 N. Hanover Street Carlisle, PA 17013 Mr. Gary R. Sausser 1306 Bosler Place Carlisle, PA 17013 Vincent C. & Lana K. Provazzo 10 Brian Drive Carlisle, PA 17013 Mr. James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and Gary Sausser, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet in the Second Floor Hearing Room of the Old Cumberland County Courthouse on Thursday, November 6, 2008, at 9:30 A.M., for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and present their objections. Date: September 19.2008 By: William A. Duncan, Esquire Chairman, Board of View NOTE: The Old Cumberland County Courthouse is scheduled to be undergoing renovations to the facade so please enter at the rear of the building. WAD/jda 102 4619 3907 y ?x NTH U L, $0.10 ra cr m Vincent C. Provazzo & Lana K. Provazzo 10 Brian Drive r-4 Carlisle, PA 17013 N 71 O C3 (Endorael? : Flequlrad) ru ? equr l ru 4 rl Total Postage a Fees Ln 0 C3 Ghr?? Skeet A. %...... orPOBar/J& 11 leg POST 4 ,?-IO® '®!®? PITNEY BOWES 02 1P $ 00.410 0002332584 F EB 28 2008 MAILED FROM ZIP CODE 17 013 Mr. James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 ?y t 54s oPs9 02 1F 05.2111 1) 0 023 2. F) `•r F E'B 28 20078 MAILED FROM ZIP C?kj- Df:1 701,`, V 84 F EB 28 2008 ZIPCODE17013 Postmark Here ??PS? PO.ST? ® PITNEY BOWES 02 1P $ 00.410 0002332584 F EB 28 2008 MAILED FROM ZIP CODE 1 7013 ALTS V piQ? sJ.27.?D - `DoS-C s ? ar r ? ld7 W! N t? e t a r ray . _•' ?? c? ?r'??1tN11 ,.? ci ? I L O O C3 LLn O Hartman, P.C. Law tow msylvania 17013 C M cc Ln m cc a -a r9 N I O c -0 4.0 ch =Q oca0 cU `'- C)mc> ma=wa o t .° _ C m E ;j 0 I I IO Ica ILn c0 Ce r-a C3 Return Receipt Fee Q (Endorsement Required) C3 Restricted Delivery Fee a (Endorsement Required) Lr) r-1 Total Postage & Fees O Goireer, ayi Nom : -=------------- --- D - -------------------- ----- --------------------- cnx ware z*w CAPO /I 3 !rte (DOroes is d 'i f" h v' ?.C, d: :' t i 1 •?Oi'?.iJip For delivery : f. ifi x 'c u r "- 11% MS O ReWth Receipt Fee C3 (EndorssnwntAWqulred) C3 Reatr , 11 e Fe9 ,u C3 (Endoreeinen t R ired) equ Ln r-3 Total 13OMge & Fees $ M 0 J is 25 2008 V1 Zip CODE 17 013 Postmark p Here 1jrr 1 J UL 25 2008 PCODE 17 013 Postmark Here 7008 0150 0001 6188 5817 y?P??s Pasr? ? wrzrEV soaves . x 02 1P $ 05.310 - 0002332584 J UL 25 2008 MAILED FROM ZIP CODE 1 701 3 Vincent C. & Lana K. Provazzo 10 Brian Drive Carlisle, PA 17013 07, 2? -vg .fi 17013 ooa 0150 0001 6188 5e9 Christopher C. Houston, Esq. Redevelopment Authority of The Cumberiand County 114 N. Hanover Street Carlisle, PA 17013 Ln Cc to O 0 O 0 Ln r-I Total Poetape a Fees 0 ?P UUXUv 84 AUG25 2008 ,ZIP00M.1701.3 A Poetmeik . ';r,, ? Here ?11 ,,•? TL. ny. PITNEY Qr'NtIF_^, 02 `,P $05.3211 600233258 AUG25 `3011 43 A Ln c rcc-l 0 84 AUG25f 2008 1z4PGGMI 7018 Poabna* ° ( - "ere o Ln ra Total Poetepa a Fees .? C] ep O O r Hartman, P.C. Law )w Isylvania 17013 ? wrNCV ?aawes 02 I P $ 05.320 0002332584 AUG2` 20108 MAUD FROM ZIP'c,ODf 1 7,0 1,3 Vincent C. & Lana K. Provazzo 10 Brian Drive Carlisle, PA 17013 7008 0150 0001 6188 5688 'LZ9S gQ'E9 'C a. tl? c7 `??1.1P1f't o ra O 4 CL Y oiS 0 r- o Cl. N Ln ac m W? co _CtUtoo m 'o > Q . _ C's sl C? cr "- V ?CC ?t s 1,4 11 a tlt fQ i \9 f?n i mIM r%. ! N M :m x .D ru ' ru -0 r0 r-a i rq r9 ; r9 -- -- M C3 C3 M AeWmAecAlptfee (Endoraemard Requk" O M I O 0 (En Required) -r .v- r-I r"R Tote) Postage & Fees rl r-I 84 SEP 10 2008 )M ZIPCODE 1 7 013 Postmark Here 0 0 CO -- C3 M orFOSoxnio.. ( ? ?/ m im .A .A ru ru ,r.q I rl 584 S EP 10 2008 '- .A J -D OM ZIP CODE 17 013 r? Pos mA* O 0 Ael ur? AAcW Fm Here O G (Endorew-d RAq *00 a 0 Q 147 RAWbbd DeArery Fee (Endornmant AAgWroM s r -I ra Total Postage & Fees $ ? r 3C;L ?r r9 r9 gmmm= C3 o or PO I na. _A . ------ - ---- ..------ --..----•- a* ; ----- ?,l 4fi 176 l'3 S'CLS 99'C9 '[000 D ' 3artman, P.C. aw STO 9004 a @ PITNEY BOWES 02 1P $ 05.32° 0002332584 SEP19 2008 "3P,!'?u'.siar?? t!? ?? 1 ? 013 02 1P $ 05.320 .. 0002332584 SEP 19 2008 _ 1?M'?f: :;R'!3f?:! ZfPCOM 1. 3013 Christopher C. Houston, Esq. Redevelopment Authority of The Cumberland County 114 N. Hanover Street Carlisle, PA 17013 EI m D S W ¢W TUS 99'[9 '[OOH OSTO QOU Vincent C. & Lana K. Provazzo 10 Brian Drive Carlisle, PA 17013 W MAr ?'y rl„- z ?. to (Y. ? c r+ c) d ?s31R1C1 0 0 N O 4 w G Jt dS O CO O 1`- ?4`. c 4 CU Cl Cl. c of _ r C3 r M U o - w H ? N A??v I 0 0^ Ir m Ln .3 SON To C3 p) 1. A.Y. m O O -? 02 P 584 APR 28 2008 0 ru AI OM ZIP CODE 17 013 C3 (RIMMf Podmark Here Fee ? ry ru r u RKMrsM ccl r I Total Postage & Pe es $ .3 ZW 'Vie . (.)VA --- pov-- • `` No. ) n ... .lf- . -- ?;:+c%A. ??il? ?_ ..i 701 Coll `y # QQJ V FrB 0 4 2009C7 IN RE: CONDEMNATION BY REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO : VINCENT C. PROVAZZO AND LANA K. PROVAZZO, PLAINTIFFS V. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-6224 CIVIL TERM ORDER OF COURT AND NOW, this W day of , 2008, after consideration of the attached Report of Viewers, the Board of View is hereby vacated and the Bill of Costs attached to its Report is ordered to be paid. a y a 0 FEB 0 4 ZOW&n IN RE: CONDEMNATION BY REDEVELOPMENT AUTHORITY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : : PENNSYLVANIA OF THE COUNTY OF CUMBERLAND : OF THE PREMISES KNOWN AND : NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO VINCENT C. PROVAZZO AND LANA K. PROVAZZO, PLAINTIFFS V. REDEVELOPMENT AUTHORITY OF : THE COUNTY OF CUMBERLAND, : DEFENDANT : 07-6224 CIVIL TERM NOTICE OF FILING QF REPORT OF Vf WERS Christopher C. Houston, Esq. Vincent C. & Lana K. Provazzo Mr. Cary R Sausser Redevelopment Authority of 10 Brian Drive 1306 Bosler Place The Cumberland County Carlisle, PA 17013 Carlisle, PA 17013 114 N. Hanover Street Carlisle, PA 17013 Mr. James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 f VINVAW,NN3d h 0 :Z Wd ?- 833 6001 30L-40-GIW IN RE: CONDEMNATION BY REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STQNEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PAOVAZZO VINCENT C. PROVAZZO AND LANA K. PROVAZZO, PLAINTIFFS V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA REDEVELOPMENT AUTHORITY OF : THE COUNTY OF CUMBERLAND, : DEFENDANT : 074224 CIVIL TERM TO THE HONORABLE. THE JUDGE'S QF MM MM: The undersigned Chairman of Viewers respectively reports: HISTORY OF THE CASE 1. On October 24, 2007, the Redevelopment Authority of the County of Cumberland filed a Condemnation for the property located at 26 North Old Stonehouse Road, Silver Spring Township, Cumberland County at the above-referenced docket number. See Exhibit "A" attached. 2. The condemnation effectuated a taking of property owned by Vincent C. and Lana K. Provam, located in Cumberland County, Commonwealth of Pennsylvania (hereinafter Subject Property). See Exhibit "B" attached. 3. By Order of Court of January 10, 2008, the Court appointed William A. Duncan, Esquire, Chairman, Fred R. Hefelfinger and James Sheya as a Board of Viewers to assess damages in the condemnation. See Exhibit "C" attached. 4. By Order of Court of January 30, 2008, the Order of Court dated January 10, 2008 appointing Fred Hefelfinger was vacated and Gary Sausser appointed in his place. See Exhibit "D" attached. 5. On March 28, 2008, a Notice of View was provided to counsel and members of the Board of View scheduling a site view of the subject property for May 22, 2008. See Exhibit "E" attached. 6. On May 27, 2008, a Request for Entry Upon Property was requested by the Redevelopment Authority of the County of Cumberland. See Exhibit "F" attached. 7. By Order of Court of July 21, 2008, a Motion for Entry Upon Properly of the Redevelopment Authority of the County of Cumberland was issued. See Exhibit "G" attached 8. On July 25, 2008, counsel and members of the Board were provided with a Notice of View scheduling the Site View of the subject property for August 14, 2008. See Exhibit "H" attached. 9. On August 11, 2008, a Notice of Continuation of View was sent to counsel and all viewers. See Exhibit "1" attached. 10. On August 25, 2008, counsel and members of the Board were provided with a Notice of View scheduling a Site View of the subject property for September 9, 2008. See Exhibit "J" attached 11. On September 19, 2008, a Notice of Hearing - Rescheduled was sent to counsel and viewers scheduling a Hearing for November 6, 2008 in the Second Floor Hearing Room of the Old Cumberland County Courthouse, Carlisle, Pennsylvania. See Exhibit "K" attached 13. On November 6, 2008, the Board of Viewers, the parties and counsel were present on the stated date and time for the taking of testimony in the above ma#er. FINDINGS OF FACT, CONCLUSIONS OF LAW/CALCULATION OF JUST COMPENSATION 1. EM MS OF ACT A. The Condemnor filed a Declaration of Taking with respect to the premises located at 26 North Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania (the "Premises') on October 24, 2007. B. The former owners of the Premises are Vincent C. Provazzo and Lana K. Provazzo (the "Condemnees'). C. The Condemnees have remained in possession of the Premises. D. Condemnors have paid the following real estate taxes due and owing on the Premises: 1. $1,902.96 - 2006 - County, Township, Library and School Taxes 2. $1,763.27 - 2007 - County, Township, Library and School Taxes 3. $19647.69 - 2008 - County, Township, Library and School Taxes E. An appraisal was done on the Premises by S.W. Barrett Real Estate and Appraisal Services, on September 26, 2007, without the benefit of viewing the interior of the Premises, the appraised value being $125,000.00. The Taking $125,000.00 Less Real Estate Taxes for 2006, 2007 and 2008 ($5,313.92) Total Due $119,686.08 Less any amount paid by Condemnor to Cow; plus the pro-rata portion of the portion of 2008 Real Estate taxes which are allocable to a period subsequent to the date of relinquishment of possession of the Premises; and plus interest payable at an annual rate equal to the prime rate as listed in the first edition of the Wall Street Journal published in the year, plus 1%, not compounded, from the date of relinquishment of possession of the Premises by the Condemnees, being the date of issuance to the Condemnor of a writ of possession by the Court, but only is payment has not been made on account or into court, as of the date of relinquishment. IV. VIEWER'S P-=S As set forth in the Procedural Statement, the Viewers executed their duties by Views and Hearings. The Board is submitting it's Bill of Costs as the duties of the Board have been discharged. Respectfully Submitted; Date: k? 12U U? By: William A. Duncan, Mqu Chairman, Board of View IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CONDEMNATION BY THE PENNSYLVANIA REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND NO. 07-6224 CIVIL TERM OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD EMINENT DOMAIN PROCEEDING STONEHOUSE ROAD, SILVER IN REM SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO : VINCENT C. PROVAZZO AND LANA K. PROVAZZO, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant PETITION FOR A WRIT OF POSSESSION AND TO DEPOSIT ESTIMATED JUST COMPENSATION AND NOW, comes the Condemnor/Defendant, Redevelopment Authority of the County of Cumberland, who submits the following pursuant to Section 307 (26 Pa. C.S.A. 307) and Section 522 (26 Pa. C.S.A. 522) of the Eminent Domain Code of 2006, as amended: 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 October 24, 2007, Condemnor filed a Declaration of Taking in the above captioned case. 3. Although the Condemnees listed on the attached Proposed Schedule of Distribution were offered the full amount of Condemnor's estimated just compensation as payment pro tanto of their damage claim, without prejudice to their right to proceed to a final determination of just compensation, the Condemnor has been unable to make payment because the Condemnees have refused to accept estimated just compensation. 4. Condemnor is entitled to possession upon payment of or a written offer to pay to the Condemnees the amount of estimated just compensation. 26 Pa.C.S.A. 307. 5. Condemnees have refused to deliver possession to Condemnor. 6. On February 4, 2009, a Report of Chairman of Viewers was filed with the Court setting forth $119,686.08, as the amount payable to Condemnees as just compensation for the taking of the Premises. 7. No appeal has been taken from the award of the Board of Viewers. 8. No fee shall be charged against these funds. 26 Pa. C.S.A. 522(b). 9. In compliance with Section 522 of the Eminent Domain Code of 2006, as amended, Condemnor notified the Condemnees of its intent to present this Petition to the Cumberland County Court of Common Pleas twenty (20) days after they received said notice. WHEREFORE, to give Condemnor possession of the condemned property, to which it is entitled under Section 307 of the Eminent Domain Code of 2006, as amended, 26 Pa. C.S.A. 307, Petitioner respectfully requests that this Honorable Court: A. Enter an Order directing payment of the estimated just compensation into Court, to be held until further Order of Court directing payment of said amount, or any part thereof, to the Condemnees and/or interested parties entitled thereto pursuant to Sections 307, 521, and/or 522 of the Eminent Domain Code of 2006, as applicable; and B. Grant a rule, returnable in five days after service upon Condemnees, to show cause why a writ of possession shall not issue pursuant to Section 307 (a)(1)(iii) of the Eminent Domain Code of 2006. 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 IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO : VINCENT C. PROVAZZO AND LANA K. PROVAZZO, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6224 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM PROPOSED SCHEDULE OF DISTRIBUTION NAME AND ADDRESS OF CONDEMNEES Vincent C. Provazzo Lana K. Provazzo 10 Brian Drive Carlisle, PA 17013 LOCATION OF PROPERTY 26 North Old Stonehouse Road Carlisle, PA 17013 ESTIMATED JUST COMPENSATION $119,686.08 IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO VINCENT C. PROVAZZO AND LANA K. PROVAZZO, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-6224 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant SWORN STATEMENT AS TO OFFER TO PAY TO CONDEMNEES ESTIMATED JUST COMPENSATION AND NOTICE OF PRESENTATION OF PETITION I, Christopher C. Houston, Esquire, affirm that this statement is true and correct to the best of my knowledge, information and belief and that it is made subject to the penalties set forth in 18 Pa. C.S.A. 4904, relating to unsworn falsification to authorities. In compliance with Section 307 of the Eminent Domain Code of 2006, as amended, the Condemnor did offer to pay to Condemnees the amount of estimated just compensation as estimated by the Condemnor and that Condemnees have refused to deliver possession. The Condemnor has noted the names and addresses of the Condemnees to which the offer to pay estimated just compensation has been made and the date and manner of service on the attached Schedule of Interested Parties Notified. In compliance with Section 522 of the Eminent Domain Code of 2006, as amended, the Condemnor notified the Condemnees of its intent to present this Petition to the Cumberland County Court of Common Pleas twenty (20) days after they received said notice. In addition to the notice, the Condemnor provided the Condemnees with copies of this Petition, the proposed Order and the Proposed Schedule of Distribution. The Condemnor has noted the names and addresses of the Condemnees and the date and manner of service on the attached Schedule of Interested Parties Notified. Christopher C. Houston, Esquire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 ? -.? ?. U.? C.,, ? ;? ? , ? -.? ? ., ?A ?J ? r `'.? ?..? M IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO : VINCENT C. PROVAZZO AND LANA K. PROVAZZO, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6224 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM SCHEDULE OF INTERESTED PARTIES TO WHICH THE OFFER OF THE PAYMENT OF ESTIMATED JUST COMPENSATION HAS BEEN MADE AND OF THE PRESENTATION OF THE PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION NAMES AND ADDRESSES DATE RECEIVED CERTIFIED MAIL Vincent C. Provazzo Lana K. Provazzo 10 Brian Drive Carlisle, PA 17013 November 28, 2008 ¦ C.omOete items 1, 2, and 3. Also cmnplete A tWw4 If RaWkW Dellmy Is desW. ? Ager t ¦ Print your name and address on the reverse x ? Adrtroesse so that we can Adim the card to you. g f G. of _ Doi ¦ Attach this card to the back of the mailpiece, /. d . Date or on the front If space permits. Y < < D. Is delivery address different from item 1? ?` Yles 1. Article Addressed to: It YES, enter dei ivory address below: ? No ?.?/x'1.?7 L //rr ® A 10 ,dQ•fl?w 3. Mail ? Express Mali latered ? 2. Article Numbw r rrotr serNoe c PS Form 3811, August 2001 Rehun Raougx for lord andAs ? Insured Mai ? C.O.D. 4., Restricted Delivery? (Extra Fee) ? yes Domestic Retum Receipt a 102596.02.4-t310 .`c. s ?F ??., t ? - F, 1 L ."-n ? ? 1 ?? ? ?'? i ? ? .. ? v , . \. i?r .1tv??Yt 174 ..?, IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO : VINCENT C. PROVAZZO AND LANA K. PROVAZZO, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6224 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM AMENDED PETITION FOR A WRIT OF POSSESSION AND TO DEPOSIT ESTIMATED JUST COMPENSATION AND NOW, comes the Condemnor/Defendant, Redevelopment Authority of the County of Cumberland, who submits the following pursuant to Section 307 (26 Pa. C.S.A. 307) and Section 522 (26 Pa. C.S.A. 522) of the Eminent Domain Code of 2006, as amended: 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 October 24, 2007, Condemnor filed a Declaration of Taking in the above captioned case. 3. Although the Condemnees listed on the attached Proposed Schedule of Distribution were offered the full amount of Condemnor's estimated just compensation as payment pro tanto of their damage claim, without prejudice to their right to proceed to a final determination of just compensation, the Condemnor has been unable to make payment because the Condemnees have refused to accept estimated just compensation. 4. Condemnor is entitled to possession upon payment of or a written offer to pay to the Condemnees the amount of estimated just compensation. 26 Pa.C.S.A. 307. 5. Condemnees have refused to deliver possession to Condemnor. 6. On February 4, 2009, a Report of Chairman of Viewers was filed with the Court setting forth $119,686.08, as the amount payable to Condemnees as just compensation for the taking of the Premises. 7. No appeal has been taken from the award of the Board of Viewers. 8. No fee shall be charged against these funds. 26 Pa. C.S.A. 522(b). • 9. In compliance with Section 522 of the Eminent Domain Code of 2006, as amended, Condemnor notified the Condemnees of its intent to present this Petition to the Cumberland County Court of Common Pleas twenty (20) days after they received said notice. 10. The Honorable Edgar B. Bayley, President Judge, has previously entered Orders of Court dated January 10, 2008 and January 30, 2008 regarding the appointment of the Board of Viewers and an Order of Court dated July 21, 2008 permitting entry into the condemned property. 11. There is no opposing counsel of record. WHEREFORE, to give Condemnor possession of the condemned property, to which it is entitled under Section 307 of the Eminent Domain Code of 2006, as amended, 26 Pa. C.S.A. 307, Petitioner respectfully requests that this Honorable Court: A. Enter an Order directing payment of the estimated just compensation into Court, to be held until further Order of Court directing payment of said amount, or any part thereof, to the Condemnees and/or interested parties entitled thereto pursuant to Sections 307, 521, and/or 522 of the Eminent Domain Code of 2006, as applicable; and B. Grant a rule, returnable in five days after service upon Condemnees, to show cause why a writ of possession shall not issue pursuant to Section 307 (a)(1)(iii) of the Eminent Domain Code of 2006. 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 ;^, rv Fti CJ fo IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CONDEMNATION BY THE : PENNSYLVANIA WR 13 2009 REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND NO. 07-6224 CIVIL TERM OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD EMINENT DOMAIN PROCEEDING STONEHOUSE ROAD, SILVER IN REM SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO : VINCENT C. PROVAZZO AND LANA K. PROVAZZO, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant RULE AND NOW, this 107 day of I 200 , on consideration of the Petition for a Writ of Possession and to Deposit Estimated Just Compensation, a Rule is granted upon Vincent C. Provazzo and Lana K. Porvazzo to show cause why a Writ of Possession should not issue upon payment into Court by the Condemnor of the sum of $119,686.08. Pursuant to C roes 26 Pa. C.S.A. 307 (a)(1)(iii), this Rule is returnable s after service upon Condemnees. J. V Y 3 ?." ar- •, IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO VINCENT C. PROVAZZO AND LANA K. PROVAZZO, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-6224 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM ORDER AND NOW, this R day of 140A, 201, upon presentation of the Petition for a Writ of Possession and to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED that the sum of $119,686.08, representing the amount of just compensation estimated by the Condemnor due the Condemnees and/or interested parties on the subject property shown on the attached Proposed Schedule of Distribution, be paid into Court in an interest bearing account. No fee shall be charged against these funds. It is further ORDERED that the sum shall be held until further Order of Court directing full or partial payment to the Condemnees and/or interested parties entitled to it pursuant to Sections 307, 521, and/or 522 of the Eminent Domain Code of 2006, as amended, 26 Pa. C.S.A. Sections 307, 521, and/or 522, as applicable. By the Court, rww J. a W c:v C -4 IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CONDEMNATION BY THE PENNSYLVANIA REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO : VINCENT C. PROVAZZO AND LANA K. PROVAZZO, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant NO. 07-6224 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Condemnor/Defendant, Redevelopment Authority of the County of Cumberland, who submits the following: 1. Upon a Petition for a Writ of Possession and To Deposit Estimated Just Compensation, a Rule was issued on April 17, 2009, to show cause why a Writ of Possession should not issue with said Rule to be returnable ten (10) days after service upon Condemnees. 2. Attached hereto is an Affidavit of Service of said Rule upon Condemnees. 3. No answer has been filed to Condemnor's Petition and said Rule is now returnable. 4. Pursuant to this Court's Order of April 17, 2009, the sum of $119,686.08, representing the amount of just compensation payable to the Condemnees, has been paid into Court. 5. The Honorable Edgar B. Bayley, President Judge, has previously entered Orders of Court dated January 10, 2008 and January 30, 2008 regarding the appointment of the Board of Viewers, an Order of Court dated July 21, 2008 permitting entry into the condemned property, an Order of Court dated April 17, 2009 directing the payment into Court of the estimated just compensation, and issued the Rule dated April 17, 2009. 6. There is no opposing counsel of record. WHEREFORE, Condemnor, Redevelopment Authority of the County of Cumberland, requests that this Honorable Court make the Rule absolute and issue a Writ of Possession for the property located at 26 North Old Stone House Road, Carlisle, Cumberland County, Pennsylvania, in favor of Condemnor. 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 IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CONDEMNATION BY THE PENNSYLVANIA REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND NO. 07-6224 CIVIL TERM OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO : VINCENT C. PROVAZZO AND LANA K. PROVAZZO, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant EMINENT DOMAIN PROCEEDING IN REM AFFIDAVIT OF SERVICE I, Christopher C. Houston, Esquire, do hereby certify that I served the Rule accompanying the Petition for a Writ of Possession and To Deposit Estimated Just Compensation by certified mail, postage prepaid, with service being made on or about May 2, 2009, as evidenced by the attached Exhibit A, on the following: Vincent C. Provazzo Lana K. Provazzo 10 Brian Drive Carlisle, PA 17013 Date:-kA-,p 2009 Christoph r C. Houston, Esquire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 • Complete Items 1, 2. and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ¦ Attach this cab to the back of the mallplece, or on the front if space permits, 1. Article Addressed to MR AND MRS VINCENT PROVAZZO 10 BRIAN DR CARLISLE PA 17013 A. ? ssee ndellmy 0 Agent C. Date of Del ivery ress different from item 17 ? Yes If YES, enter delivery address below. 0 No 3. Service lype Certified Mal 0 Exprees Mail 0 Retum Rer?lpt for Mercllazrdi? ? Insured Mail 0 C.O.D. _ 4. Restricted Dafirery7 Oft Fee) 2. Article ""`ter 7005 1820 0002 4616 Oxe$ Mainfertromservicebw 0572 PS Form 3$? 1 February 2004 Domestic Return Receipt 102595.02-M-1540 UNITED STAT P 1 Pi f7 • Sender: Please print your name, address, and ZI CHRISTOPHER C HOUSTON ESQ REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND 114 N HANOVER ST CARLISLE PA 17013 this box • ?c¢::.i.Y I'll/I'lrrrIr'IrrrrrdhrIliIIIIIrlrr/rliJ#)IItIIIfi/IIIIIdi d EXHIBIT A IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO : VINCENT C. PROVAZZO AND LANA K. PROVAZZO, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6224 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM CERTIFICATE OF SERVICE I, Christopher C. Houston, Esquire, do hereby certify that on this date I served the foregoing Petition with proposed Order by first class mail, postage prepaid, upon the following: Vincent C. Provazzo Lana K. Provazzo 10 Brian Drive Carlisle, PA 17013 Date: 2009 Christopher C. Houston, Esquire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 FiLEI;!--+ OF THE 3.. 'MAY ??uy IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CONDEMNATION BY THE PENNSYLVANIA REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND NO. 07-6224 CIVIL TERM OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD EMINENT DOMAIN PROCEEDING STONEHOUSE ROAD, SILVER IN REM SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO : VINCENT C. PROVAZZO AND LANA K. PROVAZZO, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant ORDER AND NOW, this day of 2009, on consideration of the Petition For a Writ of Possession and to Deposit Estimated Just Compensation and the Petition to Make Rule Absolute, it is hereby ordered that the Rule is made absolute and that a Writ of Possession shall issue for the property located at 26 North Old Stone House Road, Carlisle, Cumberland County, Pennsylvania, against Vincent C. Provazzo and Lana K. Pro% J. vrz?rba? t to ?- ("O"t • Z) ttf - bo/si/s I V/ L* I WV 9 1 W 60OZ IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO : VINCENT C. PROVAZZO AND LANA K. PROVAZZO, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6224 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM PRAECIPE TO THE PROTHONOTARY: Issue a Writ of Possession in the above matter to the Redevelopment Authority of the County of Cumberland for the property located at 26 North Old Stone House Road, Carlisle, Cumberland County, Pennsylvania. Date: 2009 Christopher C. Houston, Esquire Attorney for Condemnor 14 North Hanover Street Carlisle, PA 17013 717-249-0789 FILE CaTl0E OF 11AE: F., 7:7 -": ,,!CI T A?Y 2009 MAY 20 AH 8: 4 2 L? )ONTY aoa 7 6 3?v ?7 74 /'" 2 W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VINCENT C PROVAZZO AND LANA K PROVAZZO VS. No. 07-6224 Civil Term REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND Costs Attorney's $ Plaintiff's $ 177.80 Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) DEFENDANTS - -REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND being: (Premises as follows): 26 NORTH OLD STONE HOUSE ROAD, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. OMs R. Lon , ro on Common Pleas Court of C berland County, PA Date MAY 20, 2009 (Seal) 0.11 IV '' 2of2 No 07-6224 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VINCENT C PROVAZZO AND LANA K PROVAZZO VS. REDEVELOPMENT AUTHORITY OF THE COUNT OF CUMBERLAND WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att' y $ Plff (s) $ 177.80 Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: DEFTS: CHRISTOPHER C HOUSTON, ESQ. 14 NORTH HANOVER STREET CARLISLE, PA. 17013 717-249-0789 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of I caused the within named , to have possession of the premises described with the appurtenances, and So Answers, Sworn and subscribed to before me this Day of , Sheriff By Prothonotary Deputy IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CONDEMNATION BY THE PENNSYLVANIA REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND NO. 07-6224 CIVIL TERM OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD EMINENT DOMAIN PROCEEDING STONEHOUSE ROAD, SILVER IN REM SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO : VINCENT C. PROVAZZO AND : LANA K. PROVAZZO, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant ORDER AND NOW, this _ day of 20 , upon presentation of the Petition for a Writ of Possession and to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED that the sum of $119,686.08, representing the amount of just compensation estimated by the Condemnor due the Condemnees and/or interested parties on the subject property shown on the attached Proposed Schedule of Distribution, be paid into Court in an interest bearing account. No fee shall be charged against these funds. It is further ORDERED that the sum shall be held until further Order of Court directing full or partial payment to the Condemnees and/or interested parties entitled to it pursuant to Sections 307, 521, and/or 522 of the Eminent Domain Code of 2006, as amended, 26 Pa. C.S.A. Sections 307, 521, and/or 522, as applicable. 1 By the Court, r WWI • REDEVELOPMENT AUTHORITY 2034 OF CUMBERLAND COUNTY REVOLVING HOMEOWNERSHIP FUNDS 60=295111 114 N. HANOVER ST. 313 CARLISLE, PA 17013-2463 ?1F-08-0?9 DATE PAY TO THE ORDER OF Cumberland County Prothonotary I $' 119, 686 08 THE SUM OF x 119 686dols 0 8cts _..,pp ..._ DOLLARS LtJ MMOBar& VOID OVER $119,6a6.08 mahofte FOR 26 N. Old Stone o- a Rd.. Mech. 1// Al ¦* Ill 00 20 3 4110 -41:0 3 1 30 29 551: 2633971I' k- May 29, 2008 280015 280018 280019 280042 280051 280055 735094 816523 816524 820091 7086431 7097824 7097832 7097891 108800503 108800732 108800740 627029176 627029267 627120058 627120900 627122674 703000244 706000480 87-0675 02-9999 98-3531 02-9998 00-3148 02-4880 87-3564 06-2825 06-2825 91-3287 06-2825 06-4505 06-6414 06-6459 79-5612 05-5238 05-5238 01-0587 07-5347 07-4079 07-6224 07-6810 08-3298 89-1995 96-3818 119,686.08 1 $119,686.08 For the deposit made on 05-29-09, for the date of 05-28-09 the deposit will be $119,686.08 less. New interest bearing account . . . RECEIPT FOR PAYMENT Cumberland County Prothonotary's Office Carlisle, Pa 17013 CUMBERLAND COUNTY 114 NORTH HANOVER STREET SUITE 104 CARLISLE, PA 17013 CUMBERLAND COUNTY REDEVELOPMEN Case Number 2007-06224 Received of DEP INTO 62712005 Total Non-Cash..... + Total Cash......... + Change ............. -_ Receipt Date 5/28/2009 Receipt Time 16:12:12 Receipt No. 225864 (vs) PROVAZZO VINCENT C ET AL COMMERCE - 04-29-09 9 PAYEE 3961 .00 119,686.08 .00 Receipt total...... _ $119,686.08 ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount BOND 119,686.08 627120058 - 07-6224 $119,686.08 Sheriffs Office of Cumberland County „ TY R Thomas Kline Sheri Ronny R Anderson $?ata of Climb . J`jL 1 26 ? 209 Chief Deputy Jody S Smith Civil Process Sergeant OFFICE'. THE SHERIFF Edward L Schorpp Solicitor Lana K Provazzo Case Number vs. 2007-6224 Redevelopment Authority of the County of Cumberland SHERIFF'S RETURN OF SERVICE 06/04/2009 09:27 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 4, 2009 at 0922 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Vincent Provazzo, by making known unto Vincent Provazzo, at 10 Brian Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. Defendant Provazzo was advised he had 10 days to vacate premises and remove any personal property from 26 North Old Stone House Road, Carlisle, PA 17013. 06/08/2009 03:42 PM - Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on June 8, 2009 at 1542 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Lana K. Provazzo, by making known unto Lana K. Provazzo, at the Cumberland County Sheriffs Office, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. The defendant was advised at that time she had 10 days to vacate and to remove any personal property from 26 North Old Stone House Road, Carlisle. 07/16/2009 By virtue of this writ, on the 16th day of July, 2009, Sheriff R. Thomas Kline caused the within named Redevelopment Authority of the County of Cumberland, to have possession of the premises described as 26 North Old Stone House Road, Carlisle, Cumberland County, Pennsylvania. SHERIFF COST: $100.88 ?/ }al p y Q SO ANSWERS, July 17, 2009 R THOMAS KLINE, SHERIFF J. 00 NoAfic '7d8?S By virtue of this writ, on the 16th day of July 2009 , I caused the within named Redevelopment Authority of the County of Cumberland , to have possession of the premises described 26 North Old Stone House Road Carlisle Cumberland County. Pennsylvania Sworn and subscribed to before me this Day of Sheriff's Return Docketing $ 18.00 Poundage 1.98 Prothonotary 2.00 Mileage 18.90 Possession 30.00 .Surcharge 30.00 $ 100.88 So Answers, Sheriff By Advance Costs $ 150.00 Sheriff's Costs 100.88 $ 49.12 c:D i 2of2 No 07-6224 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VINCENT C PROVAZZO AND LANA K PROVAZZO VS. REDEVELOPMENT AUTHORITY OF THE COUNT OF CUMBERLAND WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ Plff (s) $ 177.80 Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: DEFTS: CHRISTOPHER C HOUSTON, ESQ. 14 NORTH HANOVER STREET CARLISLE, PA. 17013 717-249-0789 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of , . I caused the within named , to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this Day of , Prothonotary So Answers, Sheriff By Deputy IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CONDEMNATION BY THE PENNSYLVANIA REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO NO. 07-6224 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM VINCENT C. PROVAZZO AND LANA K. PROVAZZO, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant PETITION TO DISTRIBUTE DAMAGES PURSUANT TO SECTION 521 AND 522 OF THE EMINENT DOMAIN CODE AND NOW, comes the Condemnor/Defendant, Redevelopment Authority of the County of Cumberland, who submits the following pursuant to Section 521 and 522 (26 Pa. C.S.A. 521 and 522) of the Eminent Domain Code of 2006, as amended: 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 October 24, 2007, Condemnor filed a Declaration of Taking in the above captioned case for the property located at 26 North Old Stone House Road, Carlisle, Cumberland County, Pennsyvlania (the "Property"). 3. On February 4, 2009, a Report of Chairman of Viewers was filed with the Court setting forth $119,686.08, as the amount payable to Condemnees, as just compensation for the taking of the Premises. 4. No appeal has been taken from the award of the Board of Viewers and the award has become final. 5. Pursuant to a Petition for a Writ of Possession and to Deposit Estimated Just Compensation, this Honorable Court entered an Order dated April 17, 2009 directing Condemnor to pay into Court the sum of $119,686.08 to be held in an interest bearing account until further Order of Court directing full or partial payment to the Condemnees and/or interested parties entitled to it pursuant to the Eminent Domain Code of 2006. 6. Condemnor did pay into Court the sum of $119,686.08. 7. 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. 8. Condemnor desires to distribute the award made by the Board of Viewers for the reasons that the award is now final. 9. Pursuant to 26 Pa. C.S.A. 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 as of the date of the filing of the Declaration of Taking and has determined that no such liens exist. 10. Condemnor proposes the following schedule of distribution: NAME AND ADDRESS OF CONDEMNEES Vincent C. Provazzo Lana K. Provazzo 10 Brian Drive Carlisle, PA 17013 JUST COMPENSATION $119,686.08 11. The Honorable Edgar B. Bayley, President Judge, has previously entered Orders of Court dated January 10, 2008 and January 30, 2008 regarding the appointment of the Board of Viewers, an Order of Court dated July 21, 2008 permitting entry into the condemned property, an Order of Court dated April 17, 2009 directing the payment into Court of the estimated just compensation, issued 1 10 a Rule dated April 17, 2009, and an Order of Court dated May 18, 2009 making a Rule absolute and ordering the issuance of a Writ of Possession for the Property. 12. There is no opposing counsel of record. WHEREFORE, Condemnor requests this Honorable Court to enter an Order directing distribution of the sum of $119,686.08, being the amount awarded by the Board of Viewers pursuant to the report filed on February 4, 2009, from which no appeal has been taken, plus any accrued interest, for damages in connection with the taking of the property located at 26 North Old Stone House Road, Carlisle, Cumberland County, Pennsylvania, pursuant to the schedule of distribution as set forth herein, and that upon Praecipe filed with the Prothonotary by Condemnor that upon distribution having been made, the Prothonotary shall be directed to mark the Board of View award for the Property satisfied of record. 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 IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO : VINCENT C. PROVAZZO AND LANA K. PROVAZZO, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6224 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM CERTIFICATE OF SERVICE I, Christopher C. Houston, Esquire, do hereby certify that on this date I served the foregoing Petition with proposed Order by first class mail, postage prepaid, upon the following: Vincent C. Provazzo Lana K. Provazzo 10 Brian Drive Carlisle, PA 17013 Date: -Tu-()i '40 , 2009 1 Christophe . Houston, Esquire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 OF THE RRCIl "O ,01ARY 2009 JUL 2Q Ph 3: 54 YVl'1'wwM•t•.i L..J'1? 9i,.) bl.''ytty /uuN PENNSYLVN, JUL 212009 ? IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO : VINCENT C. PROVAZZO AND LANA K. PROVAZZO, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6224 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM ORDER AND NOW, this Z Z, day of, 2009, upon presentation of the Petition to Distribute Damages Pursuant to Section 521 and 522 of the Eminent Domain Code, it is ORDERED and DIRECTED that, upon Praecipe of the Condemnor, the Prothonotary is directed to make distribution of the sum of $119,686.08 previously paid into the Court by Condemnor, plus any accrued interest, to Vincent C. Provazzo and Lana K. Provazzo, Condemnees. It is further ORDERED and DIRECTED that the Prothonotary mark the award by the Board of Viewers for this property satisfied of record. ; ;; FILFL ;i OF THE PR 'J z 2049 JUL 22 PM 1: 52 PFf 'vSYLVANIA, FACE OF CHECK HAS A' SECURITY VOID BACKOROUND PATTERN &' MICRORRINTING BELOW THIS WARNING BANC _ ARTIFICIAL WATERMARK ON REVERSE SIDE - HOLD AT ANGLE TO VIEW 10JETRO 11_11088 BANK 60-184/313 C w 86 ASHLAND AWNUE my 24, 2009 §W CARLISLE, PA 17013 W.g00Z m g VINCENT C. and LANA K PROVAZ -0 PAY THE ORDER OF N U a B TO W o.q DOLLARS N v o o METRO ?- l119?Ini it T F- V Moo) 0"7 a Ow_. w w RE: 11' I L L L08811' 1:0 3 L 30 113461: SL 900003 1311- t RECEIPT FOR PAYMENT' Cumberland County Prothonotary's Office Receipt Date 7/24/2009 Carlisle, Pa 17013 Receipt Time 11:16:51 Receipt No. 228389 CUMBERLAND COUNTY 114 NORTH HANOVER STREET SUITE 104 CARLISLE, PA 17013 CUMBERLAND COUNTY REDEVELOPMEN (vs) PROVAZZO VINCENT C ET AL Case Number 2007-06224 Received of CLOSING THE ACCOUNT INTEREST Total Non-Cash..... + .00 Total Cash......... + 113.42 Change ............. - .00 Receipt. total...... _ $113.42 ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount INTEREST 113.42 627120058 - 07-6224 $113.42 12134707242009 Cumberland County Prothonotary':; Office Pa e 1 PYS405 Manual Release Check Regic.t.er l 7/2 /2009 Escrow Tran Date Distribution Case No Accounting Amount Date Release --------------- 3965 PROVAZZO ----------------------------------------------- VINCENT C & LANA K. Check Date: 07,/24/2009 ------------------ Check No. :9000039 BOND 2007- 06224 PYMT/CASH 119686.08 5/28/2009 INTEREST 2007- 06224 PYMT/CASH 310.09 7/21/2009 INTEREST 2007- 06224 PYMT/CASH 1.13.42 7/24/2009 Payee total: 120109.59 --------------- --. ------------------------------ Grand total: --------------- 120,109.59 ------------------ IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 26 NORTH OLD STONEHOUSE ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF VINCENT C. PROVAZZO AND LANA K. PROVAZZO : VINCENT C. PROVAZZO AND LANA K. PROVAZZO, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6224 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM PRAECIPE TO THE PROTHONOTARY: Pursuant to Order of Court dated July 22, 2009, please make distribution of the sum of $119,686.08 previously paid into Court by the Redevelopment Authority of the County of Cumberland, plus accrued interest, as follows: Vincent C. Provazzo and Lana K. Provazzo 10 Brian Drive Carlisle, PA 17013 Please also mark the award of the Board of Viewers for this property satisfied of record. Date: 12 - , 2009 Christopher C. Houston, Esquire Attorney for Condemnor 14 North Hanover Street Carlisle, PA 17013 717-249-0789 RLED--0-: CE UE THE PF? l K?,N'??TARY 2009 JUL 27 P 2: 4, 8 t fi r ;? ?,bN`i Y