HomeMy WebLinkAbout02-0025IN RE: APPEAL OF ESTATE OF
ROSS H. SMILEY FROM THE
DETERMINATION OF BLIGHT
OF THE VACANT PROPERTY
REINVESTMENT BOARD OF
CUMBERLAND COUNTY
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
:.
:
: Blight Determination Appeal
NOTICE OF APPEAL
AND NOW, comes the Estate of Ross H. Smiley ("Estate"), by and through its
counsel, Susan J. Smith of the law fixm of Malatesta Hawke & McKeon LLP, and files
this Appeal from the December 3, 2001 Decision of the Vacant Property Reinvestment
Board of Cumberland County ("Board") deeming the property of the Estate to be a
blighted property. In support thereof, the Estate avers as follows:
FACTUAL BACKGROUND
1. The Estate owns property located at 115 East Columbia Road, Enola,
Pennsylvania 17025 (''Estate Property").
2. The Estate Property is the sole asset of the Estate.
3. Upon Mr. Ross Smiley's death, his wife, as Administrator of the Estate,
entered into an agreement for sale of the Estate Property on January 19, 2000, as modified
by addendum dated March 8, 2001 ("sales agreement"). The sales agreement was
modified on March 8, 2001. The sales agreement addresses certain environmental
conditions relating to the Estate Property and sets forth obligations relating to the same
with respect to the buyer and the Estate. The negotiated Addendum to the sales
agreement expressly provides for environmental remediation of the site. The buyer bears
the sole responsibility for these actions, as is reflected in the negotiated purchase price
and reductions thereto.
4. The current Administrator for the Estate is Donald R. Smiley ("Mr.
Smiley" or "Administrator"). Mr. Smiley was granted letters of administration on
February 16, 2001.
5. Upon being named Administrator, Mr. Smiley has taken appropriate
actions as Administrator to (i) conclude the sale of the Estate Property under the existing
agreement of sale and (ii) to maintain the property in reasonable condition until the sale is
concluded. Because the Estate's sole asset is the Estate Property, Mr. Smiley has
personally financed ail actions on behalf of the Estate, although he has no obligation to do
SO.
6. The Administrator has taken all reasonable actions to conclude the sale of
the property. The conclusion of the sale of the property has been delayed by actions taken
by the buyer that have interfered with and are adverse to the consummation of the sales
agreement. Because the Administrator believes the Estate to be legally obligated to
conclude the sale of the property under the existing sales agreement, the Administrator
has not negotiated a sale of the property to any of the numerous individuals interested in
purchasing the Estate Property who have regularly approached the Administrator.
7. Upon reasonable belief, this matter was referred to the Board by an
individual employed by East Pennsboro Township in its building/codes/zoning
department.
8. By letter dated March 6, 2001, the Administrator responded to the Board's
letter dated January 16, 2001 directed to the beneficiaries of the Estate, enumerating
actions to be taken with respect to the condition of the Estate Property. In his letter, the
Administrator indicated that he would make immediately and best efforts to comply with
all the Board's requests, except for the removal or structural repair of the building and
parking lot.
9. Beginning on or about June 2001 and prior to September 13, 2001, the
Administrator has secured broken windows in the building, posted "no trespassing" signs,
removed all tires, removed poison sumac and regularly cut the remaining groundcover.
Drums containing non-hazardous waste oil that are present because of the performance of
environmental remediation at the site by the buyer have been placed within the confines
of the secured building on the Estate Property.
10. On June 18, 2001, East Pennsboro Township (through the same individual
who had initially referred the matter to the Board) issued a letter notice to Mr. Smiley in
his individual capacity for purported code violations relating to the Estate Property. The
Estate filed an appeal of the notice with the Township. To date, the Township has not
issued a written decision on the appeal. On September 1, 2001, the Township issued a
non-traffic citation relating to the accessory structure located on the Estate Property to
Mr. Smiley in his individual capacity. Mr. Smiley has reserved the right to enter a not
guilty plea on substantive and procedural grounds. A heating in the matter is scheduled
for February 2002.
11. On July 13, 2001, the Commonwealth of Pennsylvania Deparhr~ent of
Environmental Protection ("Department") issued "Inspection Report Comments"
addressing the presence on the Estate Property of drams containing non-hazardous waste
oil and water. The Administrator has been in regular contact with the Department and
has responded to all requests for infmmation and has taken all actions requested by the
Deparhrtent with respect to the drams. At the direction and concurrence of the
Deparh~ient, the drums are presently located within the secured building on the Estate
Property. At no time has the Department issued a notice or citation of any violation of its
regulations with respect to the Estate Property with respect to the handling of the drams.
12. There has been no observance of any trespassing children on or about the
Estate Property as of September 13, 2001 or at any time. Upon observing individuals of
driving age trespassing on the Estate Property, the Administrator immediately recorded
their vehicle license number and timely reported the incidents to the East Pennsboro
Police. The Estate Property is posted with no trespassing notices, the building situated
thereon is fully secured and the accessory structure is inaccessible, except by ladder. 13. All of the building' s utility systems are intact and ftmctional.
14. There is no evidence of vermin or any other unsanitary condition with
respect to the building located on the Estate Property.
15. No person has made complaints about the condition of the Estate Property
to any municipal authority.
16. No public body has issued a declaration of public nuisance with respect to
the Estate Property.
17. The Estate Property has an assessed tax value in excess of $150,000.
Estate has not been noticed with a tax delinquency.
The
PROCEDURAL HISTORY
18. On September 13, 2001, the Board adopted Blight Detemdnation
Resolution No. 2001-3. The Resolution was served on the Administrator on September
21, 2001.
19.
20.
On October 22, 2001, the Estate appealed the Resolution.
A hearing on the appeal to the Board was conducted on November 29,
2001.
21. No person appeared at the hearing in opposition to the Estate's appeal.
22. By decision issued December 3, 2001, the Board deemed the Estate
Property to be a blighted property and denied the Appeal. A copy of the decision of the
Board is marked as Appendix A and attached hereto.
23. The Estate hereby files the instant Appeal from the Board's decision.
DISCUSSION
24. The Estate Property is not a blighted property, as defined by the
Ordinance~ creating the Board, with respect to the four reasons offered in the Board's
Decision.
25. The Administrator has taken all appropriate action, at considerable
personal expense, to administer the Estate, to conclude the sale of the Estate Property
under the existing sales agreement and to maintain the Estate Property in the interim in a
reasonable condition.
26. The Estate Property is a valuable piece of real estate available for
productive reuse. The value of the Estate Property is underscored by the existing sales
agreement and by the regular and continuing interest of other individuals in both leasing
and purchasing the property. Additionally, the tax assessed value of the Estate Property is
in excess of $150,000.
27. The building located on the Estate Property is fully secured and its utility
systems (plumbing, water, heating, etc.) are intact and functional.
28. The Estate Property is not presently nor was it on September 13, 2001, in
violation of the East Pennsboro Township Maintenance Ordinance 545-94 with respect to
vegetation. On or about June 2001, the Administrator had removed ail poison sumac
1 The full title of the Ordinance is "An Ordinance of the County of Cumberland Creating a Vacant Property
Review Committee of the County of Cumberland to be Known as the 'Cumberland County Vacant Property
Reinvestment Board,' and Allowing for the Acquisition and Disposition of Real Property under Certain
Conditions," Ordinance 99-1.
from the Estate Property. Poison sumac was the only noxious vegetation present on the
property. The Administrator thereafter regularly cut all remaining groundeover on the
Estate Property. As of September 13, 2001, all groundeover had been cut to a reasonable
height or was otherwise in a do~i~ant state.
29. The Estate Property does not constitute an "attractive nuisance to
children." No child has been observed on or about the property. As of September 13,
2001, the building located on the Estate Property is fully secured. The accessory structure
located on the Estate Property is inaccessible, except by ladder.
30. There is no structure on the property "dangerous to the safety of persons or
property." The building located on the Estate Property is fully secured. The accessory
structure located on the Estate Property is inaccessible, except by ladder. Both the
building and the accessory structure are well removed from the property line. Even if
either the building or accessory structure should collapse, neither would result in harm or
damage to other property or persons present on other property. As the property is posted
with "no trespassing" signs, the presence of persons on the Estate Property would be
unlawful and in the nature of a trespass.
31. As of September 13, 2001, no trash or debris had accumulated on the
Estate Property, with the exception of waste matter that has randomly blown onto the
Estate Property. The Administrator regularly removes such blown-in waste matter. On
or about June 2001, the Administrator removed all tires from the Estate Property.
32. The presence of the drums on the Estate Property is the direct result of the
performance of environmental remediation at the site by the buyer; the removal of the
drums from the Estate Property is a remediation activity to be performed by the buyer
under the terms of the sales agreement. As an expected byproduct of the remediation
activity, the drums do not constitute either "garbage" or "rubbish" as defined in Section
PM-302.1 of The BOCA National Property Maintenance Code (''BOCA Code")-2
Additionally, the drums, which have been repeatedly identified as containing non-
hazardous waste oil (as contrasted with the Board's representation of an "unknown
substance"), are being properly handled in a manner satisfactory to the Department.
Accordingly, the presence of the drums within the confines of the secured building does
not constitute a hazard to person or property. The drums are not visible from anywhere
outside the building and are not visible to the public.
33. The Board has committed errors of law and abused its discretion in
deeming the property to be blighted property and in denying the Appeal.
34. The Board's decision is not supported by substantial evidence.
35. The Board's denial of the Appeal was arbitrary and capricious.
2East Pennsboro Township has adopted the BOCA Code. The BOCA Code defines "garbage" as "It]he
animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food" and
"rubbish" as "[c]ombustible and noncombustible waste materials, except garbage; the terms shall include
the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons,
boxes, wood, excelsior, rubber, leather, ~ee branches, yard trimmings, tin cans, metals, mineral matter,
glass, crockery and dust and other similar materials."
For all the foregoing reasons, the Estate respectfully requests that its Appeal be
sustained and that the Board's denial of the Appeal be reversed.
Respectfully submitted,
Attorney I.D. No. 62531
Malatesta Hawke & McKeon LLP
Harrisburg Energy Center
100 North l0th Street
P.O. Box 1778
Harrisburg, PA 17105
(717) 236-1300
Counsel for the Estate of Ross H. Smiley
DATED: January 2, 2002
CERTIFICATE OF SERVICE
I hereby certify that I have this day served a tree and correct copy of the Answer to the Petition upon the
person and in the manner indicated below.
Service by First Class Mail
Christopher C. Houston
Director of Real Estate Development
Redevelopment Authority of the County of Cumberland
114 North Hanover Street
Carlisle, PA 17013=2445
S&an J. Smi~
DATED: January 2, 2002
Exhibit A
CUMBERLAND COUNTY
VACANT PROPERTY REINVESTMENT BOARD
HEARING PANEL
VPRB 2000-06
i01 NORTH ENOLA ROAD
EAST PENNSBORO, PENNSYLVANIA
A. FINDINGS OF FACT
The Appellant is the Estate of Ross H. Smiley, c/o Donald R. Smiley, Administrator,
115 East Columbia Road, Enola, PA 17025 (hereinafter the "Appellant").
The Appellant is the owner of the premises located at 101 North Enola Road, Enola,
East Pennsboro Township, Pennsylvania (Tax Parcel No. 09-14-0832-266)
(hereinafter the "Premises").
On or about October 23, 2000, the Premises was referred to the Cumberland
County Vacant Property Reinvestment Board (hereinafter the "Board") for
consideration of certifying the property as a blighted property.
In accordance with the Rules and Regulations governing procedures for the Board
(hereinafter the "Rules and Regulations") "comment" was sought from the East
Pennsboro Township Planning Commission (hereinafter the "Planning
Commission") at their regular meeting on December 7, 2000 as to the conditions of
blight on the premises. The Planning Commission did comment by offedng support
and cooperation to the Redevelopment Authority in their efforts to eliminate the
conditions of blight on the Premises.
By letter dated January 16, 2001, the Appellant was mailed a Property Owner
Notification Letter, setting forth the conditions of blight and advising as to the steps
that were to be taken for purposes of removal of the conditions of blight. Also,
o
included was a request for the submission of a proposal from the property owner for
a time frame for the removal of the conditions of blight.
The Property Owner Notification Letter was received by the heirs of the Estate of
Ross H. Smiley, Craig E. Smiley and Donald R. Smiley, on January 17, 2001, and
January 23, 2001, respectively.
On or about February 16, 2001, Donald R. Smiley was appointed the Administrator
of the Estate of Ross H. Smiley.
On or about March 6, 2001, Donald R. Smiley indicated by letter to the Board that
he intended within several months to comply with the Board's request for the
removal of the conditions of blight, except for the removal or structural repair of
10.
building and repairs to the parking lot.
On June 18, 2001, East Pennsboro Township cited the Appellant for the existence
of dangerous and blighted conditions and various code violations with respect to the
Premises, including grass, weeds or other vegetation growing in violation of the
Township property Maintenance Ordinance, the accumulation of rubbish or garbage
in violation of the Township adopted BOCA National Property Maintenance
Code/1996, and an unsafe structure on the property also in violation of the
Township adopted BOCA National property Maintenance Code/1996.
The Commonwealth of Pennsylvania Department of Environmental protection
issued a General Inspection Report dated July 13, 2001, which noted the existence
of 17 55-gallon drums upon the property, the presence of which was a hazard to the
environment and public safety and health, which drums were to be removed and
properly disposed of.
11. On or about September 13, 2001, the Board adopted Blight Determination
Resolution (BDR) No. 2001-3, setting forth the steps to be taken to remedy the
conditions of blight still then existing on the property.
12. BDR No. 2001-3 was mailed, return receipt requested, postage prepaid, to the
Administrator of the Estate of Ross H. Smiley, having been received by same on
13.
14.
15.
September 21,2001.
Notice of the adoption of the BDR was advertised in The Sentinel on September 25,
2001.
BDR 2001-3 was posted on the property on September 20, 2001.
As of September 13, 2001, the Premises continued to be in violation of the East
Pennsboro Township Property Maintenance Ordinance and the Township adopted
BOCA National property Maintenance Code for conditions deemed to be a nuisance
(Township Property Maintenance Ordinance 545-94) and hazardous and unsafe
conditions (BOCA PM101.1.1 Unsafe Structure).
B. CONCLUSIONS OF LAW
As of September 13, 2001, the Premises was a blighted property because there
existed weeds and other vegetation upon the property which was in violation of the
Township Property Maintenance Ordinance 545-94, which is deemed to be a
nuisance in accordance with the aforesaid ordinance.
As of September 13, 2001, the Premises was a blighted property because of the
fact that the Premises' physical condition is deemed to be an attractive nuisance to
children due to the location thereon of unsafe structures.
As of September 13, 2001, the Premises was a blighted property because the
structures upon the Premises are deemed to be dangerous to the safety of persons
or property.
As of September 13, 2001, the Premises was a blighted property because of the
accumulation thereon of trash and debris, including 55 gallon drums containing an
unknown substance, which had not been removed.
C.~
It is the decision of the Hearing Panel of the Cumberland County Vacant Property
Reinvestment Board that the Premises is deemed to be a blighted property and, therefore,
the appeal is denied.
Blaine Shatto, Chairman
Hearing Panel
Cumberland County Vacant Property
Reinvestment Board
Date of decisions: December 3, 2001
A:\Decision.wpd
IN RE: Appeal of Estate of
Ross H. Smiley frc~ the
Determination of Blight
of the Vacant Property
Reinves~nent Board of
Cumberland County
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-25 Civil Term
WRIT OF CERTIORARI
COMMONWEALTH OF PENNSYLVANIA)
· SS.
COUNTY OF CUMBERLAND)
TO: Christopher C. Houston
We, being willing for certain reasons, to have certified a certain action
between IN RE: A al of Estate of Ross H. Smile f . ' ight
of the Vacant Pro rt Reinves~nent Board of Cum
pending before you, do cc~mand you that the record of the action aforesaid with
all things concerning said action, shall be certified and sent to our judges of
our Court of Common Pleas at Carlisle, within _ 20 _ days of the date hereof,
together with this writ; so that we may further cause robe done that which ought
to be done according to the laws and Constitution of this Co,~nonwealth.
E. Hoffer, P.J.
the 3rd day of Janizary_
~ ~ postage $
r--i
r-'t Certified Fee Postmark
~ Here
turn Receipt Fee
~:3 (Endorsement Required)
r-~
l--1 Restricted Delivery Fee
~ (Endomement Required)
Total Postage & Fees
ent's N~PrInt Clearly) (to b~Y mailer)
~;-~-p-C~;~.?-~-r-~-6-~;-~-~; ..........................................................
Prothonotary
· Complete iferns 1,2, and 3. Nso complete
item 4 if Restricted Dellve~ is desired.
.· Print your r~me and address on the reveres
s0 thet we can retum the card to you.
· Attach this card to the back of the mailplece~
or on the front if space permits.
1. Article Addressed to:
Christopher C, Houst°n
Director of Real Estate Devel(~
Redevelu~,~nt Authority of the
County of C~aberland
114 North Hanover Street
Suite 104
Carlisle, PA 17013-2445
02-25 Civ$[ '~'
A. Re~C~ed by (Pleeae Ptlnt Cleeny) S. DeteofD~lvery
c. S~nat~ ,,., ..
~ent
r=l Insured Mall
[] C.O.D.
2. ,Nflcle N umber (Copy from serv/ce/abe~
7099 3400 0018 5004 8044
PS Form 3811, July 1999 Domestic Return Receipt 3 f0~5SS.00-M-0~S2
IN RE: APPEAL OF ESTATE OF
ROSS H. SMILEY FROM THE
DETERMINATION OF BLIGHT
OF THE VACANT PROPERTY
REINVESTMENT BOARD OF
CUMBERLAND COUNTY
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-25 CIVIL TERM
: BLIGHT DETERMINATION APPEAL
CERTIFICATION OF RECORD
I, Christopher C. Houston, Esquire, do hereby certify the record of the above-captioned
proceedings, as attached hereto, in response to the Writ of Certiorari issued by the Court
on Januaw3, 2002.
~;hristopl~er/C./~H uston, Esquire
Attorney for Vacant Property Reinvestment
Board of Cumberland County
114 North Hanover Street
Carlisle, PA 17013
717-249-0789
Date: .~_.~.. I ~; ,,~/~,0 '~,
F:\HOUSTON\101CERT.WPD
RECORD OF THE PROCEEDINGS
FOR THE
CUMBERLAND COUNTY
VACANT PROPERTY REINVESTMENT BOARD
OF NOVEMBER 29, 2001
COPY
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CUMBERLAND COUNTY VACANT PROPERTY
RE INVESTMENT BOARD
CA/~LI SLE, PENNSYLVANIA
IN RE:
VPRB 2000-06
TRANSCRIPT OF PROCEEDINGS
Before:
Blaine Shatto, Chairperson
Nancy George, Member
Roy Kelso, Member
Date:
Place:
November 29, 2001, 3:30 p.m.
Carlisle Community Room
Two West Penn Street
Carlisle, Pennsylvania
APPEAPJ~NCES:
REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY
BY: CHRISTOPHER C. HOUSTON, ESQUIRE
FOR - REDEVELOPMENT AUTHORITY
NLALATESTA HAWKE & McKEON, LLP
BY: SUSAN J. SMITH, ESQUIRE
FOR - ESTATE OF ROSS SMILEY
Jill L. Roth
Court Reporter-Notary Public
Central Pennsylvania Court Reporting Services
(717)258-3657 or (800)863-3657 or courtreporters4u@aol.com
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WITNESSES
John B. Owen
Donald R. Smiley
INDEX TO WITNESSES
EXAMINATION
By Mr. Houston
By Ms. Smith
By Ms. Smith
By Mr. Houston
By Mr. Kelso
NO.
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REINVESTMENT AUTHORITY EXHIBITS
DESCRIPTION
Planning Commission Meeting Minutes
Conditions of Blight Determination
Affidavit of Service of Blight
Determination
Blight Determination Resolution
Affidavit of Service of Blight
Determination
PAGE
5/42
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15/39
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MARKED ADMITTED
4 54
4 54
4 54
4 54
4 54
Proof of Publication 4 54
Certification of Posting 4 54
Vacant Property Referral Form 6 54
List of Violations to Property owner 7 54
DEP General Inspection Report 9 54
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PROCEEDINGS
BOARD MEMBER: The time has
hearing today on 101 North Enola Road,
directly into that hearing.
MR.
today, Blaine
and Roy Kelso,
arrived. We have a
I'd like to move
HOUSTON: We have a hearing panel before us
Shatto is the chair person and Nancy George
they're all present.
Preliminarily I just want to indicate we have
Attorney Susan Smith here representing the Estate of Ross
Smiley, S-m-i-l-e-y.
(Sworn en masse.)
MR. HOUSTON: And, Mr. Chairman,
proceed.
we're ready to
THE CHAIPdq3%N: I'd like to call
the hearing panel to order. At this time I
Houston of the Redevelopment Authority to present
evidence as to the blight.
MR. HOUSTON: Mr. Chairman, you have before you
a hearing pertaining to a property 101 North Enola Road
located in East Pennsboro Township, it's VPRB Number
2000-06.
Preliminarily there are a number of documents
which we will place into evidence dealing with the
documentation pertaining to the determination of blight.
And there are other exhibits which we'll submit under
the hearing of
would ask Chris
the
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testimony.
(RA Exhibit Nos. 1 through 7 were marked.)
MR. HOUSTON: What I have the first document is
designated as RA Number 1. These are minutes of the East
Pennsboro Township Planning Commission dated September 7,
2000 pertaining to the comments made by the planning
commission pertaining to this property which was a
requirement under the rules and regulations of the board
for purposes of proceeding.
The next document that I have is RA Number 2.
That is a letter directed to Mr. Donald Smiley and Mr.
Craig Smiley. This is the initial property owner
notification letter which is required by the rules and
regulations to be submitted to the property owners
pertaining to the conditions of blight as the Redevelopment
Authority had seen them to be.
The next document is RA Number 3. This is the
affidavit of service for showing the service of that letter
to the two named individuals.
The next document is RA Number 4. This is the
blight determination resolution adopted by the Cumberland
County Vacant Property Reinvestment Board on September
13th, 2001. So we would submit that.
The next document is RA Number 5. This is the
affidavit of service of the service of the blight
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determination resolution upon the administrator of the
estate who is Donald Smiley.
Next is RA Number 6. This is the proof of
publication of the publication of the blight determination
resolution as provided by the Sentinel.
Next is RA Number 7. This is the certification
of posting certifying that the blight determination
resolution had been posted on the property. And all the
certifications are provided in accordance with the rules
and regulations for the adoption of blight determination
resolution.
I'm now ready to proceed with the giving of
testimony.
THE CHAIRMAN:
MR. HOUSTON:
Okay.
I'll call Mr. Owen as our witness.
sworn~
BY MR.
JOHN H. OWEN, called as a witness,
was examined and testified as follows:
EXAMINATION
HOUSTON:
Q. Would you state your name, please.
A. John Bryant Owen.
Q. And your address.
A. Occupation?
Q. Yes.
being duly
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98 South Enola Drive, Enola, Pennsylvania 17025
How are you employed?
Employed as the codes compliance officer of East
Pennsboro Township.
Q. Are you familiar with the property located at
101 North Enola Road in East Pennsboro Township?
A. Yes, sir.
Q. Was it your office that had referred this
property to the board --
A. Yes, sir.
(RA Exhibit No. 8 was marked.)
BY MR. HOUSTON:
Q. -- for consideration? I'm showing you what's
been marked as Exhibit RA Number 8 and would ask if you can
identify what that document is?
A. That would be the vacant property referral form
that was forwarded by my office 23 October 2000.
Q. And was that prepared by you?
A. Yes, sir.
Q. Were there any violations with respect to
township codes at the time that that document was prepared?
A.
also encompassed the poison sumac on the property.
Yes, sir.
And what were those violations?
Violation of the grass and weed ordinance which
Trash
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and rubbish on the property included several items: Tires,
wood, miscellaneous rubbish and trash, a damaged accessory
structure in the rear of the property, broken windows, easy
access to the main
drums were
Q.
structure itself, and several 55 gallon
scattered about the backyard of the premises.
Subsequent to this submission of that, was your
office continually involved with respect to this property
as far as monitoring it?
A. From 1989 was the first historical record I
could find in the document file. I became personally
involved with it after I was hired by the township.
Q. Did you subsequently, did you at any point cite
the property owner for any violations?
A. He received a letter.
(RA Exhibit No. 9 was marked.)
BY MR. HOUSTON:
Q. I'm showing you RA Number 9. Does that refresh
your recollection?
A. That would be the compliance letter listing all
violations on the property as of June 18, 2001.
Q. And could you describe what those violations
were as of that date?
A. Again, the violations as of that date were
exterior maintenance of grass and weeds, poison sumac,
accumulation of rubbish and garbage, unsafe structure which
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is the
that would be about it.
garage also includes the
accessory structure in the rear of the property, and
The accumulation of rubbish and
55 gallon drums.
Q. Now subsequent to that date, did the property
owner take any action with respect to any of those items?
A. Yes, in the year 2000 initially contacted --
Q. After this date.
A. After this date, not until the time of the first
commissioner's meeting did he take any initiative on the
property.
Q. What do you mean by first commissioner's
meeting?
A. The first commissioner's meeting or the minute
date of it I believe was September of 2001 there was a
letter that immediately came to me from his attorney
stating they would like to have a hearing basically,
appeals hearing, based upon the violations of this notice.
That was granted in the July meeting was when that all took
place.
Q.
A.
sumac down,
that time.
Q.
tires?
July is when he started remediation of property.
And what did he do?
He cut the grass and weeds, some of the poison
initially posted the property no trespassing at
And was there anything done with respect to the
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to the tires?
A. Yes, sir,
premises.
BY MR.
10. I
please.
Not at that moment, no.
Was there anything eventually done with respect
they were eventually removed from the
(RA Exhibit No. 10 was marked.)
HOUSTON:
Q. I'm showing you what's been marked as
would ask you if you could identify what that
RA Number
is,
A. That's the DEP General Inspection Report copy
sent to the East Pennsboro Township on 24 July 2001. That
was a result of myself calling to find out what was in the
content of the 55 gallon drums prior to our July meeting.
Q. Is this a violation notice?
A. Yes, from DEP. Nonspecific in the sense that
they want to know the contents of the 55 gallon drums.
Did you and I have an occasion to speak on
13, prior to our vacant property board meeting of
September
that date?
A.
Q.
Yes, sir.
What items were still outstanding as of that
date?
tank on the back was
The accessory structure in the rear with the oil
still outstanding. The one barrel was
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not
removed, it was covering a underground sludge pit on
top of that part. And the grass and weeds at that time
were starting, as they would, grow back up since the
initial cutting.
Q.
removed.
Ao
structure,
bay.
Q.
A.
You say there was one drum that had not been
Where were the other drums?
The other drums were placed inside the
the main structure of the property in the garage
10
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12 Q. Since September 13 has there been any other
13 improvements made to that property?
14 A. Yes. The oil tank that's on top of the
15 accessory structure in the rear has been bolted shut, and
16 that has been it. There's been no need to remove any more
17 grass. It's the second time they cut it since how dry it
18 was, so there was no problem with that. And I believe the
19 property was reposted no trespassing.
20 Q. And as September 13 what was the status of
21 utilities with respect to that property?
22 A. Utilities as part of the -- if I go back to this
23 document here when I did the initial research on it, the
24 utilities were cut off to the property, water no current
25 service; gas, no activity; electric, no current service;
But they were still on the property?
Yes, sir.
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trash and sewer were paid as of 23rd October when this was
submitted.
Q. Does the township consider the structure to the
rear of the property to be a hazardous structure?
A. Yes, sir.
MR. HOUSTON: I have no further questions.
EXAMINATION
BY MS. SMITH:
Q. I think you just testified that at the time of
the issuance submittal of the referral form, RA Number 8,
that there was violations on the property.
A. Yes, ma'am.
Q. What violations are you referring to?
A. Violations of the grass and weeds of the
property, broken glass of the main structure, the main
structure was not secure in any means. There was a gaping
hole in the rear of the main building and everything else
that was mentioned prior.
Oo
record.
When was this report issued?
23 October 2000.
This report?
Yes, ma'am.
MS. SMITH: I'm a little confused.
Off the
(Discussion held off the record.)
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BY MS. SMITH:
Q. At the time you issued this reform form, had
you, in fact, issued a notice of violation or citation of
violation of the property?
A. Yes, I did at that time, and that goes back to
the year 2000 there was one to Mr. Smiley and to his
brother, Greg.
Q. And you don't have that?
A. I have copies of that here. At the time Mr.
Smiley informed our assistant township manager that he was
not in any way control of the estate nor was his brother,
so it was dropped at that point, and that's when the
township began to explore the avenue of the redevelopment
authority.
Q. So there was no violation served on a
responsible party at that point?
a. Correct, ma'am.
Q. At what point in time did you become aware that
the property was the subject of a sales agreement?
A. Probably some time around 2000, November,
December 2000.
Q. Let's refer to Exhibit
your basis for believing that this
10, RA Number 10. What's
document was, in fact,
served upon Mr. Smiley as a notice of violation or any kind
of a compliance action?
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Ao
from DEP Mr. James Smathers.
Q. Looking at the document
caption general inspection report,
A. Yes, ma'am.
Q. Is there anywhere on here that
notice of violation?
My telephone call with the individual inspector
yourself, it carries the
does it not?
it says this is a
A. Department recommends that all drums be removed
from the property, disposed of within 10 days of this
inspection or receipt of this inspection report --
disposable facility will be obtained in the documentation
for proper disposal of the drums.
Q. Does this document bear on it any language that
says that it is a notice of violation?
A. I would say no.
Q. Does the fact the piece of property not have
active gas, electric or water service constitute a
violation of the building code or the township code?
A. Only that the structure itself would be
uninhabitable by the building codes.
Q. If a property owner goes on vacation for six
months in the middle of the year and has no need for
services to their home and has their services terminated,
does that constitute an uninhabitable property?
A. Yes, ma'am. Because they're uninhabitable in a
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sense that no one can reside in the home if there's no
services to it. You have to provide for adequate heat,
light and such.
unoccupied
had no need for them, you would cite me for an
uninhabitable piece of property?
So if I went on vacation and I left my home
for six months, turned off my services because
A. If somebody was living or squatting in your
house or something like that.
Q. That's not my question. My question is --
A. No, I wouldn't cite you for that. And that
wasn't part of the citation.
Q. In fact, do you have any knowledge that these
services could simply be turned on upon the estate's
request
A.
Q.
that the
for services to be restored to the property?
No way of knowing.
You haven't done any inspection to determine
facilities by which the services are provided are
unusable or otherwise
A. NO, ma'am.
MS. SMITH:
MR. HOUSTON:
incapable of providing service?
That's all my questions.
I have nothing further.
Do the board members have any questions?
MS. GEORGE: I think we've seen most of this and
have been listening to it for several months.
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(Witness temporarily excused.)
MS. SMITH: I have testimony for Mr. Smiley.
duly sworn,
DONALD R. SMILEY, called as a witness,
was examined and testified as follows:
EXAMINATION
BY MS. SMITH:
Q. Don,
state
you've been sworn in, could you please
your full name and give your address.
A. Donald Ross Smiley, Columbia Road, Enola,
being
Pennsylvania.
Q. Are you
of this proceeding?
A.
Q.
A.
Q.
A.
Q.
familiar with the property, the subject
Yes.
And what is your relationship to that property?
I'm the administrator.
The administrator for what?
Of the property of my deceased father.
Are you the administrator of the property or are
you the administrator of the estate?
I'm the administrator of the estate.
And the estate is the Estate of Ross Smiley?
Correct.
A_nd he was your father?
Correct.
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And when did Mr. Ross Smiley die?
11/24/94.
And have you been the estate administrator since
Oo
the time of his death?
A. No.
Q. And who was the administrator, if any?
A. My mother was.
Q. And how long was she the administrator of the
estate?
A.
Q.
A.
Q.
Until she passed away.
Amd when did she pass away?
April of 2000.
Did you become the estate administrator
immediately upon her death?
A. No.
Q. When did you become the estate administrator?
A. February of this year.
Q. Why did you not seek to become the administrator
prior to this time?
A. I have a half brother that's also a beneficiary
of the estate.
going through
Q. Is the property at issue in
only asset of the estate?
A_nd we were trying to resolve it without
formal proceedings, create expense.
this proceeding the
A. Yes.
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administrator, what has been the source
have used to perform your duties?
A.
Were there cash assets in the estate?
No.
In discharging your duties as the estate
of income that you
Out of my own pocket and my own physical labor.
Are you presently employed?
I'm currently laid off.
And are you seeking employment?
Continuing my education.
Prior to being laid off, were you employed?
Yes.
Q. were you engaged in a profession that gave
significant amount of income to direct toward this
property?
you a
A. No. I'm not real wealthy, if that's...
Q. When you became the estate administrator what
actions did you take as the administrator?
A. The first thing I did was to hire counsel to
deal with the sales contract, then meetings with the
township, redevelopment authority, began cleaning the
property, removing debris, posting the property, boarding
up the structure in the back, trying to deter vandals.
Q. Did you do any testing or other investigation of
the property?
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A. Yeah. The drums that were out back I've had
them tested in preparation to have them removed at this
time, and preparing to do some other tests possibly to try
and get the sale to go forward.
Q. Have you paid utility bills for this piece of
property?
A. Yes. I've personally paid them, yeah.
Q. Have you paid taxes, the property tax for this
property?
A.
Q.
spent without other resources through the estate as the
estate administrator?
A. Over $8,000.
Q. Are part of the expenses associated with it the
expenses of defending this action as well as the actions of
the township?
A. Yes.
Q. And have those monies been diverted from
otherwise making improvements to the property or working
Yes.
And how much do you estimate you have personally
through the sale for that property?
A. Yes.
Q. Is the property occupied?
A. No.
Q. When was it last used?
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1 A.
2 Q.
3 to make use of the property as opposed to purchasing
4 property outright?
5 A. Yes, constantly.
6 Q. A-nd how recent was that last inquiry?
7 A. I'd say about three weeks ago.
8 Q. Have you ever observed or seen evidence that
9 small children have accessed this property?
A. No. I've had some teens that's been
vandalizing, but no small children.
Q. Why do you believe that they were teenagers?
A. I caught them in their car, gave their
registration number to the police.
Q. So these were individuals of driving age or
older?
Probably about '97.
And have you had inquiries from anyone seeking
the
other vermin on your property?
A. No.
Q. Are there any nests apparent on your property
either outside or inside the building?
Yes.
Have you observed termites, mice, rodents or
ao
place on
Not that I've seen, no.
Are the plumbing and sewage
this property and functional?
facilities still in
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A. They're not turned on, but everything is still
there, it's just a matter of having it all turned back on.
Q. When you say they're not turned on, you mean
there's not running water in the system with respect to
water?
but
company and asking
property?
A.
Q.
having water?
A. Yes.
Q.
A.
Q.
A. Right. I can't go to a faucet and turn it on,
I could relatively easily have it.
Q. Is it just a matter of contacting the water
for service to be restored to the
Yes.
Otherwise the building itself is capable of
Is that also true of gas service?
No. It's served by oil for the heat.
So there's no gas service?
A. There never was any.
Q. And for electric, is
electric lines in place?
Ao
throwing
Q.
property?
A.
that also true, are all the
It's a matter of calling the company and
the switches at the boxes.
Are you presently paying a utility bill for this
Not presently. What was there was paid. A. nd as
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property?
A.
Q.
A.
Q.
property?
A.
highway.
Owen testified, they've been shut off.
Q. Do you pay a sewage bill?
A. Yeah, I do pay that.
Sewage services are still available
to this
Yes.
Are heating facilities in place and functional?
Yes.
Is there any trash or debris accumulated on the
I've pretty much removed that. It's on a mean
It's on Routes 11 and 15, so people can drive by
and throw stuff out the window. But I've pretty much
cleared off the rubbish, tires, and sumac.
Q. Has the estate been noticed with the tax
delinquency?
no
No.
In fact, what is the tax value assigned to this
property by the taxing authority?
A. If
Q. Has
A. No.
recall it's around 180,000.
the property ever been declared a nuisance?
Q. Has the property ever been declared unfit for
human habitation?
A. No.
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Q. Have you ever received complaints from your
neighboring property owners regarding the condition of the
property?
A. No.
Q. Do you know those neighbors?
A. Yes.
Q. Do they have your name?
A. Oh, yeah, they know where I live. They've known
me since I was a child.
Q. These are people who are free to call you up
when they have a problem?
A. Oh, yes.
Q. Have they ever contacted you about the property
for any purpose?
A. Interest, to tell me that there's people looking
around that are interested in purchasing the property and
asking if it was okay to give them my number.
Q. We've several times in this discussion referred
to a sales contract.
for this property?
A. Yes.
Q. A-nd when was
A.
2000.
Is there in fact a sales agreement
it entered into?
The original agreement I believe was January of
Q. A_nd who was the estate administrator at that
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time?
My mother was.
3 Q. She was the one who
4 behalf of the estate?
5 A. Yes.
6 Q.
7 agreement?
8 A.
9 agreement.
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entered into the contract on
What were the general terms of that sales
It was just a pretty separate up cash sales
Q. 3Lnd the other party to the contract, do you know
what his occupation is, what his business is?
A. He has two businesses, one's in I guess
redeveloping properties and the other is hotel restoration
or service to hotels.
Q. It's your belief that he's fairly familiar with
the process of purchasing properties?
Oh, yes.
Acquisition and rehabilitation of properties?
Yeah.
Was the sales agreement ever modified?
There was an addendum made to it in March of
2000.
Q. A_nd what were the general terms of the modified
sales agreement?
A. Testing to be done, environmental testing to be
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property.
Q.
done and $12,000 to be invested by the purchaser.
Q. For what purpose?
Towards the environmental clean up for the
Was there also a price reduction associated with
it depending on what the cost of clean up might be?
A. No.
Q. Was the sales agreement in place at the time you
became the estate administrator?
A. Yes.
Q. So you essentially took the
pending sales contract?
A. A_nd the addendum, yes.
estate with a
Q. And is it your belief that you have a duty under
the law to perform under that sales agreement?
A. To the best of my knowledge, yes, I have to.
Q. Did you for that purpose obtain legal counsel?
A. Yes.
Q. Was there any other reason why you obtained
legal counsel with respect to that sales agreement at that
time? Had you had discussions with the purchaser, for
example?
A.
Yes. I had some, but he still showed interest
mn purchasing the property but wasn't complying with the
contract.
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1 Q. Have you, through counsel, taken measures to
2 seek performance of the contract to conclude the sale of
3 the property?
4 A.
5 contract.
6 of steps.
7 Q.
8 environmental condition of the property in order
9 get the sale moving?
10 A. Yes, I've done testing outside of anything
that's required in the contract to try and further along
the sale.
Yeah. We have pushed for trying to enforce the
We've given alternatives. We've taken a couple
Have you done any action with respect to the
to try to
11
12
13 Q.
14 following all of those actions?
15 A. He says he is interested and intends
16 through with the sale.
17 Q. But to date has he taken steps to
18 A. No.
19 Q. Have you considered taking legal
20 enforce the contract?
21 A. Yes.
22 Q.
23 A.
24 get the contract to go through as-is or without
25 legally do so.
What has been the response of the purchaser
to follow
do that?
action to
And have you done so at this point in time?
No. I think it would be better if I could just
having to
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Q. Is that your opinion at this time as the
administrator of the estate that that's the best approach
to take with respect to getting the contract performed?
A. Yes.
Q. Have the actions of any person or any agency
affected the response of the purchaser to the demands to
perform the contract?
A. Yes. He's concerned with the actions taken by
the township and the redevelopment authority making it
quite difficult.
Q. Do you believe that the actions of the authority
of the township have delayed or hindered the negotiations
with respect to obtaining the performance of the contract?
A. Yes, I do.
Q. Has anyone expressed interest in this property
for purposes of purchase, other than the person who is the
party to the contract?
A. Yes.
Q. And how often have you received inquiries?
A. It varies. Could be two, three times a month,
could be twice in a week. It really varies.
Qo
Q.
property who you believe to be
And how recent might those inquiries have been?
About three weeks ago.
Do you have any parties interested in the
serious inquiries?
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A. Yes.
Q. How many of those are there?
A. I'd say three that I could show definite
interest and would think would have the assets to follow up
with it.
Owen
various
this general
Protection.
time?
Q. And would the estate be willing to enter into a
sales agreement with any of those parties should the
existing sales agreement fail?
A. Yes.
Q. There were a couple of questions asked of Mr.
regarding actions taken by the estate in response to
inquiries and agency activities.
I'm going to have you refer to RA Number 10,
inspection report, Department of Environmental
Have you ever seen that document before this
A. Just earlier at this meeting.
Q. Have you otherwise been served with a notice of
violation by DEP, Department of Environmental Protection,
with respect to
A.
In fact,
contact
Q.
Mr.
this property?
No. I am in regular contact with Mr. Smathers.
I just called him about two days ago. I was
with his answering service.
And what kind of discussions have you had with
Smathers, the DEP contact?
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A. Mostly in regards to the drums and as to the
testing and samples and how far things are going along.
Q. Was Mr. Smathers aware that the drums were
located on the outside of the building, was he familiar
with that?
A. Yes, he was.
Q. Let's step back. Why did the drums happen to be
placed on the outside of that building, what led to that?
A. The purchaser of the property was in the process
of excavating the tanks. A_nd at the time that my mother
passed, he had stopped that and they were left there by
him.
Q. Did the estate at that time that you know of
make any request to him to remove those tanks?
A. Yes. Well, not as the estate.
Q. But the drums?
A. I did personally, yes.
Q. You were not the administrator of the estate at
that time?
A. No, I wasn't, but I was interested in the
outcome.
Q. But to your knowledge the estate or anyone
responsible or associated with the estate did not place
those drums there, it was the purchaser?
A. Correct.
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Q. Did you discuss with Mr. Smathers from DEP any
other handling of those drums in terms of placement or
location?
A. Yeah, we've discussed different ways of
disposing of them, discussed having them placed inside as
opposed to being outside.
Q. And did Mr. Smathers concur with placing the
drums inside the building?
A. Yes, until testing and proper removal could be
established.
Qo
And did you, in fact, take measures
Yes.
-- as the estate administrator to do that?
Yes, I did.
And you said that you had performed
testing on
those drums?
A. Yes.
Q. Is it your position that you were obligated
under the contract of sale to have performed that testing?
A. Under the sales contract, no.
Q. Is it your belief that the purchaser was
responsible for that?
A. Yes.
Q. And have you done that testing in order to
facilitate the conclusion of the sale?
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Oo
this point in time?
A. That's correct.
Amd ultimately at the expense of
Yes.
Yes.
And you've done that at your personal
expense at
the estate?
With respect to the maintenance
particularly grass and weeds, can you describe for us what
actions you have taken to maintain that property?
A. Repeatedly cut them, I've hauled away a number
of truck loads of weeds and briary-type bushes, poison,
repeatedly cut the grass.
of the property,
Qo
A.
that I
When did you start taking those actions?
Right after I became administrator was the time
took it on as a regular doing.
So the spring of 20017
Yes.
Have you hired anyone to perform that service?
The estate has no funds to hire someone to do
that.
Qo
Q. So who has performed that service?
A. I've done it myself.
Q. You had mentioned a half brother. Is your half
brother at all involved in the administration of the estate
or maintenance of the property?
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A. No.
Q. Has he expressed any interest in participating
in that process?
A. No. I've given him the opportunity, but he has
not shown any interest in it.
Q. The existing sidewalks and paved area, has that
been changed by you or the estate to your knowledge?
A. No.
Q. And have there been any changes in the area that
have affected the discharge of water on the property or the
run off of water on the property?
A. There was sidewalks installed.
Q. Who installed the sidewalks?
A. The township.
Q. Amd what resulted from that action?
A. Water began to lay in the front parking area of
the property.
Q. And prior to that time there would not have been
accumulation of water?
A. No.
time or is
A. Sporadic. It's like right after
evaporates away.
And does that water accumulate there all the
it sporadic?
a rain until it
Q. Has the property ever flooded?
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property,
A.
When I was a small child.
Amy of the water that accumulates on the
does it ever affect neighboring property owners?
No.
Q. Has it ever accumulated and stayed in that
location for a period of time so that it starts to provide
a basis for plant life to grow or for scum to --
A. It's never been there long enough to get
stagnant or anything. It lays at a pretty thin level.
Q. There's one drum that is presently outside the
building. Is that correct?
A. That's correct.
Q. A_nd did you leave that drum there for a purpose?
A. Yes. I left it there because the cover to the
tank that was originally there was removed from the
property when the purchaser was excavating, and I didn't
feel that the cover that is on is sufficient by itself, so
I left the drum on top of it to hinder anyone from getting
mn it.
Qo
drums?
To your knowledge what's in the contents of the
A. TO my knowledge water, soil, oil, I guess slight
oil, I guess there's some lead in it from what I can get
out of it. From what I can tell, it's mostly water, from
what I've been told anyway.
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Q.
building?
A.
Q.
A.
broken that were broken
doors.
Q.
A.
Q. When did you
A. At the time I
Have you secured all buildings and doors
Yes.
Windows and doors to that building?
Any of them that were broken,
I secured, and I
to that
any of the windows
secured all the
authority asked me to do
and they were torn down a number of times
since then.
And have you posted the property?
Repeatedly.
start posting the property?
believe it was the redevelopment
so, I did so immediately after,
and replaced
intent to sell this property to a willing purchaser as
as possible?
Ao
property?
A.
Q.
As a final question again, is it the estate's
soon
Yes.
It's not the estate's intent to hold on to this
in
No.
Has it ever been your intent as the
administrator to let the property lie stagnant or
disuse?
A. No. My only intent's been is to go forward with
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the sales contract.
Q. And, again, if that sales contract should fail,
is it your intent to pursue the other serious offers of
purchase?
no
Immediately, yes.
MS. SMITH: Thank you
EXAMINATION
BY MR. HOUSTON:
Q. Mr.
dated March 6,
A.
Q.
to you of
Smiley, I'm showing you a document which is
is that a document you prepared?
Yes, it does look like it.
That was in response, was it not, to our letter
January 16 advising you of the actions that the
redevelopment authority felt needed to be taken concerning
that property?
A. Yeah, immediately after I had gained
administration.
You were appointed administrator, what,
in
February of this year. Is that correct?
A. According to this it says February 16th, yes.
Q. And you agreed, did you not, that you Were going
to accomplish, I believe you stated in that letter within
the next several months I think you stated, the items on
the letter we had submitted to you except for the
demolition and removal of the structure. Is that correct?
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A. I don't recall what they were. But if you
recall our phone conversation that we had at that time, Mr.
Houston, that that was also relative to the authority
stepping back and giving me the time and letting me expend
the funds in that manner as opposed to constantly having
meetings with redevelopment authority and the township.
If everyone was to step back, yes, I think
things would have gotten done much faster.
Q. What I'm referring to is specifically in there
you were going to take care of the items within several
months. What were you referring to?
A. I wanted the sale to go through. My intent was
to have that sale go through. I believe we were concerned
with the weeds, the in-ground tank, the rear structure,
boarding up of windows, cutting the grass.
Q. Those were the items that you were going to have
taken care of, correct?
A. Yes.
Q. Now, you were appointed in February of this
year. You weren't the party that petitioned the court to
have you appointed, it was the purchaser, the prospective
purchaser that had you appointed. Is that right?
A. No. He petitioned for himself to be appointed.
Q. But the question is: You did not file a
petition for appointment. It was the purchaser that filed
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the petition for appointment?
A. I didn't feel the need to at that point in time.
I mean, he was under contract and what needed to be done
was he needed to fulfil his contractual obligation to the
estate.
Q. A_nd when was that contract signed again?
A. The initial one was in January of 2000.
Q. Amd you were appointed in February of 20017
A. That's correct.
Q. A/id when did your mother pass away?
A. In April of 2000.
Q. From April of 2000 to February of 2001, you took
no action to have yourself appointed as the administrator
of your father's estate?
A. Oh, yes. I mean, I didn't file any papers, but
I was discussing with my brother and the person who was the
current administration,s counsel as to having me signed in.
But it's between me and my brother. We weren't exactly in
agreement of everything.
Q. As of September 13 of this year, you had not
taken the necessary steps to remove the collapsed structure
and the storage tank located at the rear of the property.
Is that correct?
A. The estate does not have the funds to do that.
Any of the funds that have been put out in that time were
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strictly out of my pocket.
Q. Amd you had not taken any action to having
repairs completed to the main structure to deal with the
exterior trim and wood work. Is that correct?
A. I don't recall ever discussing that. We
discussed boarding up windows, we did that; and sealing the
door that was broken into by the teenagers, and I've done
that. I think I've covered what we discussed as far as
when we -- I don't even recall discussing any trim. But
that building is going to be demolished. Once it's
purchased by anyone, I'm sure they're going to demolish the
building. That would be the very intelligent thing to...
Q. Referring you to RA Number 2. The second page
of that there's a list of items, is there not, that you
were requested to take care of?
A. Yeah.
Q. A_nd your letter to me of March 6th identifies
that you're going to take care of all
for the removal of main structure. Is
A. Amd the parking lot.
Q. But that you were going to
other items on the list?
A. I was going to work towards them, yes.
Q. As of Septeraber 13, you had not done that?
A. Yes, I have. Let's go over the items here.
those items except
that correct?
take care of all the
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Trash and debris, I've removed them. And proper drainage,
that would be the parking lot which was referred to that I
wasn't going to take care of. The tall grass, that's been
cut. Collapsed structure to the rear of the building,
which we have said I boarded up the front and, as Mr. Owen
has stated, I've bolted shut.
Dilapidated main structure which, as I've just
said, is going to be destroyed at the time of the sale once
the sale goes through. The 55 gallon drums, they've been
already discussed. All
done that. Repair to
don't need anything.
driveway, I did not intend to repair.
Again, it states grass and weeds which has been
taken care of. Collapsed structure, yes, I think that
I've...
trash and debris must be cleaned,
sidewalks and driveway, the sidewalks
I've already said the parking lot or
Q. Did you make proper structure repairs to the
building?
Proper structure repairs.
Have you made any repairs to the main structure?
Yes, I've boarded it up. I've boarded windows
and secured doors.
Q. Have you painted the exterior wood work and
trim?
A. NO.
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done
happens
Oo
A.
for
And the 55 gallon drum remains on the property?
Currently yes, because there had to be testing
them to be removed. That's not Something that
over night unfortunately. I wish it were.
MR. HOUSTON: I have no further questions.
MS. SMITH: I just have a quick follow-up.
BY MS. SMITH:
EXA~4INATION
Q. We've referred to the conditions of the
property. At the time of sale, you were familiar with the
property at the time of sale?
A. Yes.
Q. Has the condition of the property changed, was
it basically in the same condition as it is today as it was
at the time of sale?
A. NO.
Q- What was different?
it
A.
is now.
The weeds, lots of debris, tires.
Was there more or less at the time of sale?
The property was much worse condition than what
Q. And the purchaser was fully aware of
condition of the property at that time?
A. Oh, yes.
the
Q. Was he aware of an in-ground tank?
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A. Yes.
Q. And it was contemplated as
that he would remediate that?
A. Yes, that's in the contract.
MS. SMITH: Thank you.
MR. HOUSTON: Do the board members have
questions?
MS. GEORGE:
hearing,
part of the contract
any
Just one. I'm not accustomed to
so this may be out of order.
But a thought has occurred to me that in order
to resolve this and get everything settled, had you ever
considered taking less for the property so that you --
THE WITNESS: I've given him a number of
alternatives. From what I can tell, his interest is lying
back and letting the township and development authority
basically run me financially broke so he can take the
property at next to nothing.
MS. GEORGE:
THE WITNESS:
of attempts to --
MS. GEORGE:
MS. SMITH:
ironic.
Have you offered at a lesser price?
Yes, yes. And we've made numbers
To get to the bottom.
His response has been kind of
He actually created and negotiated the addendum to
the contract, the original contract. And now we'll
you that he hates that addendum, but he's unwilling
say to
to walk
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away from the contract. We've said, we'll work with you,
let's structure a new contract. So we have done a number
of things to try to move it along.
The last steps that we're taking is to expend
money that will ultimately be coming out of the pockets of
the beneficiaries at the end of the day that will be used
to perform some of the environmental investigations that
were called for under the contract that were to be
performed by the purchaser, and at least demonstrate to the
purchaser that there's really not much to be worried about.
Amd it was already contemplated by the contract to begin
with.
barrels
MS. GEORGE:
THE CHAIRMAN:
tested?
Thank you.
You have attempted to have the
THE WITNESS: Oh, yes, they've been tested.
MS. SMITH: They've been tested.
THE WITNESS: Over and over and over, and then
they found that there was lead in it. A_nd they have to
test and test and test and see how much lead. It's just
one after another.
(Witness temporarily excused.)
to ask.
MR. KELSO:
You asked the question I was about
MR. HOUSTON: I just have a couple more
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questions of him if I may.
JOHN B. OWENS, recalled.
EX/kMINATION
BY MR. HOUSTON:
Q. You've heard the testimony of Mr. Smiley.
the township aware of any kids on the property and
vandalism?
Was
A. The only thing that we have is a report from Mr.
Smiley actually called warning that there were kids inside
the property. This was after my initial
This is the only police report on file.
this has any relevance. That was after the
requested that it be boarded up.
Q. After?
contact with him.
I don't know if
township
A. Yes, sir.
Q. The structure to the rear, does the township
consider that to be a dangerous structure?
A. Yes, sir.
statement
decision.
MR. HOUSTON: I have no further questions.
THE CHAIRM3kN: No questions of either.
(Witness excused.)
MR. HOUSTON: Maybe each of us want to make a
to the board, and then you can make your
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The redevelopment authority's position is that
as of September 13 when the blight determination resolution
was adopted by the board that, in fact, the property was a
blighted property.
The definition of a blighted property is as
provided in the Urban Redevelopment Law. A~d there are any
number of categories that you could put a property under
for purposes of determining whether it is blighted. Amd we
believe that this property would fit under a number of
different categories.
One category is whether or not the structure,
because of its physical condition, use or occupancy would
be considered an attractive nuisance to children, and this
can include structures.
We submit to you that this property is, in fact,
an attractive nuisance to children. The township considers
the structure to the rear to continue to be an unsafe
structure. We've heard of vandalism, of children being in
the property even after it was boarded up. We submit to
you that it's blighted based simply on that category, if
we're looking at categories.
We submit to you that this property would be
determined under common law as a public nuisance. That is
another category that you can look at. We submit to you
that the property has an accumulation of trash and debris
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and it was, in fact, in that state as of the date of
September 13 which is another category.
We submit to you that because of the physical
condition of the property, that in general it is deemed to
be blighted and that was the condition as it was as of
September 13, and the board properly looked upon this as a
blighted property and made the proper determination.
BY MR.
Q.
signed,
A.
Q.
A.
Q.
A.
Q.
contract
A.
DONALD R. SMILEY, recalled.
EXAaMINATION
KELSO:
I have a question,
In January of
was that a verbal contract or was
No, that was in writing.
And did you have an attorney at
I was not the administrator at that
Whoever was in charge at that time.
Yes, the estate did have counsel.
And was there not a stipulation put
as to a deadline?
I don't believe there was.
MS. SMITH:
contracts as they were written.
all like to see them changed.
may I ask it?
2000 when this contract was
that in writing?
that time?
time.
on that
No. This administrator has the
In hindsight I think we'd
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counsel
contract
THE WITNESS: I think that's why he's not
for the estate any more.
THE CHAIRMAN: Why can't you get out of this
then?
THE WITNESS: If I could find a way to do so
legally without him coming back on me financially for his
costs, I'd be more than happy to. If any of you may have
an idea of how I can do that, I'd be more than happy --
MR. KELSO: Was there any down money placed on
the agreement?
THE WITNESS: Yes, there was. I believe there
was $2,000 placed in a noninterest bearing account, if my
memory serves me correct.
MR. KELSO: Just seems ironic to me that there
isn't a method of getting out of a contract that's been so
long.
MS. SMITH: If I can step in, that's one of the
avenues open to the estate. But it's one, as the estate
administrator, he has to weigh whether the estate can bear
the cost of pursuing litigation to void that contract on
those grounds.
At this point in time, the estate has tried to
take every step it could to get the contract performed;
that is, to offer alternatives, to consider verbal
agreements to modify the contract, to substitute it with a
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contract for a lesser price. It's taken steps to perform
some of the environmental testing that the purchaser is
obligated to do.
He has tried as the administrator to pursue a
number of avenues. And the last one available is to, in
fact -- there's two choices: One is he could breach the
contract and sell it to somebody else, at which time my
expectation is there would be litigation that would have to
be defended; or he could go to the courts and seek to have
that contract voided on the basis of their not performing.
Either one is an expensive process for the estate.
And their attention has been diverted by these
proceedings among others.
MR. KELSO: Correct me if I'm wrong, $180,000
estate --
MS. SMITH: That's not the purchase price
negotiated.
THE WITNESS:
estimated --
That's tax value, that's the
MS. SMITH:
MR. KELSO:
vicinity 180,000.
MS. SMITH:
that I will
value.
That's not the price.
But it's still worth in that
But we've got an existing contract
tell you is for one-third of that cost of that
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THE WITNESS:
shouldn't comply. He's
basically against me.
situation.
Yes. So there's no reason why he
using the system as a tool
(Witness excused.)
THE CHAIRMAN: I think you are in a rough
MS. SMITH: If I may make a small comment both
in advocacy of the estate's position in response to Mr.
Houston's comments.
The estate as it stands today with Mr. Smiley
administrator of the estate has taken on a piece of
property in the estate with an existing contract, the only
asset in the estate, and it is presently bound by the terms
of that contract and, as we've just discussed, continues to
take steps and has taken steps to try to get that contract
performed so that the property can in fact be placed in
The estate has no interest in this
productive use.
property.
Mr. Smiley views this as just this weight
hanging around his neck that's dragging him down. It
diverts him from other personal matters. It's been a very
difficult process. But he is the only meraber of the family
who has stepped up to the plate to act responsibly with
respect to this property. ~knd he's trying to take the
steps that he could take.
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Ultimately I think that the concept of blighted
property and taking actions to enforce the ordinance
regarding blighted property is intended to get property
back in productive use. We have no objection to that.
It's our intent to do that. But at this stage in the
proceeding, determining this property to be blighted just
prevents that from happening.
Beyond that, I think you've heard testimony here
today that says that there is interest in this property.
It is not a wasted piece of property. It is not an inner
city tenement that no one has any interest in. Because if
you were to tear it down and build it back up, you'd never
get the rents out of it you need to make the property
functional. That's not what's happening here. It's not a
blighted piece of property in that sense.
It may be an unattractive piece of property of
course right now and it's very visible. It's on a visible
corner. But it's not a piece of property that can't be put
back into productive use without aggressive tactics on the
part of the redevelopment authority.
With respect to Mr. Houston's comments about
whether it's blighted under the statute and under your
ordinance, we have testimony here where there has never
been evidence of children on the property. Who has been on
the property have been boys, men, 16 years and older, who
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1 know they're not supposed to be there.
2 Mr. Smiley called the police on them twice the
3 two times they were there. He got the numbers. He
4 reported them. No action was taken by the police. Ail he
5 could do is keep coming back out and monitoring the
6 property and boarding it up and keeping them away. They
7 didn't get into anything. They were present on the
8 property.
9 But in terms of it being an attractive nuisance
10 to children, there's simply no evidence that children have
11 been there or near there or have been in the property.
12 There's just nothing to support that.
13 With respect to it being a public nuisance or
14 nuisance under the common law, you've heard testimony that
15 the kinds of things that constitute nuisance property are
16 properties where it's overrun with vermin, where there's a
17 danger because there's so much trash blowing into a
18 neighboring property or it has compromised adjacent
19 properties, where water is stagnating, accumulating and
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stagnating and causing problems
owners; none of those conditions
So I would argue that
for adjoining property
are present here.
it really isn't yet at the
level of a nuisance piece of property, knd, in fact, as
Mr. Smiley said, it's been improved since the contract for
sale was entered into. It looks a lot better today than it
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did when that contract of sale went into effect. So at
this point I'd argue to the board that it shouldn't be
deemed a blighted property at this point in time.
And, secondly, to at least again make you aware
that to take such action will certainly compromise the sale
of the property and ultimately not get it back into
productive use any time soon.
MR. HOUSTON: May I just address the very last
point. The only thing that would impact the sale of this
property would be if the redevelopment authority would file
a declaration of taking. Your adoption or the board's
previous adoption of a blight determination resolution is
not taking of property. It has no impact, should have no
impact on any sale that would go through.
If the prospective purchasers -- let's say the
sale goes through a month from now, two months from now
which I'm sure they would hope would happen, obviously we
would look to the new purchaser to proceed and comply with
those very items that we have included in the blight
determination resolution; if they do not, then the next
step is that the redevelopment authority could -- could
mind you -- file the necessary paperwork to take the
property under the eminent domain code. But we're not to
that point.
So to that last point, all I'm suggesting is
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that the adoption of the blight determination resolution
does not impact, as far as I can see, legally in any way on
any proceedings.
MS. SMITH: And I'll respond because I would
respectfully disagree because your very process, your very
process of hearing this matter and having been involved
with this property has, in fact, put a cloud over the sale.
The purchaser is sitting back and saying, well, I'm going
to wait and see what they do. And his intention is to wait
and see what you do because he wants to take the property
at fire sale value.
So I think it may not have any legal affect in
the sense that somebody can fully rely on it. But it
certainly puts a cloud on top of the property.
MR. HOUSTON: The property is what it is. There
are environmental conditions, there are environmental
conditions there. There's nothing that the adoption of the
blight determination resolution has done to impact in any
way on the condition of that property.
MS. SMITH: We will disagree on that point.
THE CHAIRPLAN: Just a question, if we would
grant an extension, could anything be worked out on the
problems that still exist if we give you more time?
MR. HOUSTON: Ail I could say is, you could
defer taking action on the appeal, you could consider doing
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that. In other words, our next scheduled meeting is second
Thursday in January, whatever that date is. I mean, you
could defer, you could reconvene the hearing panel at that
time and wait for a report from them to see whether
anything new has happened.
I'm giving you a suggestion if you wanted to
defer taking action, you could do that.
THE CHAIRPLAN: The question is would that be of
any benefit?
MS. SMITH: Just some practical comments about
that. It would be beneficial because then we would not
have that on the table, a determination on the table
because they will use it when we do our negotiations. But,
secondly, I can't give you a report, but we're not going to
get very far because this particular purchaser was out of
town for most of October, almost all of November. In fact,
at a meeting we were scheduled to have, he ended up
participating by telephone because he couldn't get back
from New York, so we did a telephone conference.
He's again out of town. We insisted on that
date because we were told he was going to be out of town
again for the rest of the year, essentially unavailable.
So we could come and give you a report on that date, it
would be difficult. So if you're going to go down that
path, we'd have to ask you to go a little bit further.
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But I will tell you the steps
to be taking, and I've already initiated.
to you that we did testing that was not
contract to be performed by the estate,
results have now come back in. A~d the second step that we
will take, which again we're not obligated to do so, just
to get the thing moving is to do what's called phase two.
Phase one was already performed on the property.
The contract calls for phase two. We'll do it. We're
going to do that phase two, but that will likely not occur
this month. It might. But it would be very -- I couldn't
guarantee that because it's the holiday season and that's
where we are.
that we're going
I've indicated
required under the
and those test
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14 But those two things being performed, that hands
15 it back into the lap of the purchaser. He either has to
16 bite that apple or walk away.
17 MR. HOUSTON: If you did take action today, just
18 so you know it starts a clock ticking as far as whether
19 they would take an appeal then of your decision to the
20 Court of Common Pleas. So that's the consequence of your
21 rendering a decision now, just letting you know that.
22 MS. GEORGE: Could appeal.
23 MR. SMILEY: But it would cost the estate more
24 money which the estate doesn't have which is coming out of
25 my pocket. I am doing the best I can.
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MR. HOUSTON: I should also let the hearing
panel know that you in your capacity as board members know
that we have received a letter, you all got a copy of the
letter, where initially Attorney Smith had asked that the
board rescind the adoption of the blight determination
resolution. I corresponded back saying, well, if you're
thinking that this is an appeal, it's not, which then
prompted the filing of the appeal.
Just so you know, when the board reconvenes here
momentarily, that's a request that's on the table. I'm
just letting you know that now.
MS. SMITH: Just to give you some background, I
was fully aware of the appeal. I was trying to give an
alternative avenue without going through this formal
process and expending the cost on the part of the estate.
But we're here.
THE CHAIRMAN: I guess we make a decision.
MR. HOUSTON: Your decision would be make a
decision now one way or the other or you could table the
actual rendering of a decision until some date in the
future.
(Discussion held off the record.)
MR. HOUSTON: Moving exhibits into evidence 1
through 10.
(RA Exhibit Nos. 1 thru 10 were admitted in
evidence.)
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then.
(Whereupon, a brief recess was taken.)
THE CHAIRMAN: Call the hearing back to order
Is there any motions from any of the members?
MS. GEORGE: If that's an order, I would make a
motion that we reviewed the testimony given from both sides
and have come to the conclusion that it should be denied.
MR. KELSO: I second that.
THE CHAIRMAN: We have a motion and a second.
Is there any further discussion on the motion?
MS. GEORGE: No.
THE CHAIRMAN: If not, all in favor, give your
consent by saying aye.
(Chorus of ayes.)
THE CHAIRMAN: Those opposed.
Motion carried.
MR. HOUSTON: That's it.
(Whereupon, the hearing was adjourned at
4:47 p.m.)
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I hereby certify that the proceedings and evidence
are contained fully and accurately in the notes taken by me
on the within proceedings, and that this copy is a correct
transcript of the same.
~L~e~o°rt~'er-Not ary Public
JILL ROTH
Notary Public - Pennsylvania
Cumberland County
My Commission Expires
Nnvember 29, 2004
The forego±ng certificat±on does not apply to
any reproduct±on of t~e same 5y a~y ~ea~s ~[ess u~de~ the
d~:ect co~t:o[ a~d/o~ supe~s~o~ o~ the
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BAST PBNNSBORO TOWNSHIP
PLANMING CO~R~[iSSION
Regular Meeting ..................................... December 7. 2000
The monthly meeting of the Bast Pennsboro Township Planning
Commission was held on Thursday, December 7, 2000 in the Township
Community and Municipal Center, 98 S. Enola Drive. Eno!a. Pennsylvania.
Those present were: Joseph Stine. Chairman; Brian Buchholz: Meade
Aungst, Steve McBride, Bob Siodlowski, and Don Mastrine, members of the
Commission; Richard Ernest, Code & Zoning Officer~ John Pietropaoli,
Ass't. Code & Zoning Officer; Joseph H. Bonarrigo, Township Engineer;
Charles Yohe, Commissioner; and a list of others (attached to
original).
The meeting was called to order, at ?:30 p.m. by Chairman Stine.
MINUTES: Mr. Buchholz made the motion, seconded by Mr. McBride,
recommending approval of the minutes of the Octobe~ 5, 2000
meeting as submitted. The motion carried with a unanimous aye
vote.
The first item on the agenda was a presentation by the
Redevelopment and Housing Authorities of Cumberland County
regarding acquisition of property at 101N. Enola Road, Enola.
Chris Gulotta, Executive Director of the Redevelopment Authority,
said the County Commissioners established a Vacant Property
Reinvestment Board in 1999 to give local government more leverage in
dealing with property owners when code violations are not being
addressed. The Township Codes office had made a referral of the
property at 101 North Enola Road, Enola, to the Redevelopment
Authority, who felt the property met the criteria for investigation,
and that the fact finding stage should begin. He explained that the
Vacant Property Reinvestment Board does not wish to own the property,
but will give the owner a chance to make necessary repairs or to appeal
the determination that the property is blighted. He emphasized that
all due process opportunities will be made available to the owner. Mr.
Guiotta added that it was premature to begin discussin~ the ultimate
re-use of the property. .
Photos of the Enola Road Property were disoiayed on the overhead
Projector, and code v~ -- ' .
-~,a,,ons were pointed out, ~nciuding %rash and
debris to be removed, sidewalk and parking space repairs needed, a
collapsed structure ~t the rear to be removed, and the main structure.
which wo~id require major structural repairs or ~ ---
-emol~.,on and removal
of debris. In addition, underground and above ~round tanks need to be
removed.
Mr. Stine felt the property was more than an eyesore, and he
understood that the Code Enforcement Officer had not received
cooperation from the owners toward clean up and repairs. He understood
that the County was approached because there are funds available to
purchase the property or methods for acquiring the property that aren't
available to the Township. Mr. Gulotta said the County may have
access to funds to condemn and purchase the real estate, and that
remediation may be necessary before it could be sold. However, he
emphasized that the County prefers that the oWners respond to the
request to address the codes issues. He clarified that the
Redevelopment staff, not the Vacant Property Reinvestment Board,
recommended the corrective action which he had listed. The next step
would be to get Planning Commission comments and approach the Vacant
Property Reinvestment Board to see if they concur.
Mr. Buchholz asked what power the Redevelopment Authority had that
the Township did not have, and Mr. Gulotta explained that they have the
ability to condem~ and sell the property to a private developer, while
the Township can only condemn real estate for public purposes.
Mr. Siodlowski questioned whether or not DEP could step in and
take action in this case, but Mr. Gulotta explained that DEP would only
get involved if the problems at the site included ground water
contamination, but there was no current evidence of such. Clean up of
on site soil contamlnation, if found necessary, might qualify for Brown
Fields funds from the State. Mr. Aungst didn't think there were any
wells in
~n, area which ccuid be contaminated. ~[r. Gulotta said there
was no evidence that contamination had migrated off site, but that the
blight ~ssues were the major concern.
On behalf of the Planning Commission Mr. "~'
· ~lne asked Mr. Gulotta
to proceed, and he ~ffered support and cooDeratiDl~ to the Redevelopment
A~,~no~tv in their e£rorts to ~mlnate conditions on this site.
Mr. Aungst said i]e was uncertain as to the content of the
underground tanks. According to Mr. Gutotta, based on a similar
~tuatloh currently being dealt with, DEP won't get involved unless
there is evidence of off site contamination, if the process goes far
enough that purchasing the property is contemplated, Mr. Gulotta said a
full understanding of environmental issues would be needed. A Phase I,
and possibly Phase II environmental assessment would be done.
· Mr. Aungst asked whether property owners could be fined if an
underground tank was not up to DEP standards. Mr. Gulotta said
Aungst might be thinking ,of a ta~k registraticn requirement, and
indicated %hat he could find out whether or not the tanks were
registerel. It was .[~. Yshe's opinion that
t~,e regulation would apply
to active businesses using certain sized underground tanks, while the
property in question had not been in operation as a service station for
some time.
In response te Mr. Siodlowski,s question about any similar
situations being pursued bv the "~
~uun~.'£, ~.[_. %,~~..a explained that they
are apprclching the £1nal steps of ~ one 'year process with a oroperty
in Carlisle. He emuhasized again ~:
~,.a .... ~ only a last resort to take
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real estate at the fair market value. Condemnation was filed recently
on the property at 10 West Penn Street, Carlisle.
~en asked what he would need from the Planning Commission, Mr.
Gulotta said he needed only a copy of the minutes of this meeting with
the comments of the Chairman and other members.
The next item for discussion was the Final Subdivision Plan for
Cathy R. Hildebrandt-Mabius and Wilhelm H. Mabius.
John Walker and Donald Moore were present. Mr. Walker presented
the plan on the overhead projector and explained its purpose was to add
a small piece of property to make Mr. Moore,s property large enough for
further subdivision. All property owners involved are related. No
improvements are proposed for this add-on lot, and a Form, B
Non-Building Waiver for DEP was signed by Mr. Brine and submitted. The
plan also designated a small piece of ground as additional
right-of-way.
Mr. Stine read the requested modifications of requirements and
asked for ~[r. Bonarrigo,s comments. He and Mr. Ernest agreed that they
were acceptable. They included, omission of a preliminary plan and an
original property description drawn at the scal ,= ,
of the requirement for conc~+ ..... e of 1 100 , and waiver
~ ,,.u~Umen%s at each intersection of
property lines forming angles and on the street right-of-way line.
MOTION: Mr. Aungst made the motion to fo~ard the Final
Bubdi/is~on Plan for Cathy R. Mildebrandt-Mabius .and Wilhelm H. zqabius,
received November 3, 2000, to the Board of Commissioners with a
recommendation of approval. Mr. Siodlowski seconded the motion and it
carried with a unanimous aye vote.
MOTION: Mr. Buchholz made the motion, seconded by Mr. McBride,
that the requested modifications of requirements listed in the letter
from Hartman and Associates dated October 28, 2000, be forwarded to the
Board of Commissioners with a recommendation of approval. Motion
carried ~+'
w~~n a unanimous aye Vote.
The next item for discussion was the Final Subdivision Plan for
Donald E. and Patricia A. Moore. The Zoning Hearing Board had
granted their Variance request April I~, 2000 to Permit creation
of a new lot without frontage on a Public street.
Mr. Walker displayed a transparency on the Overhead projector and
explained that this plan was related t~o the previously discussed plan,
wher~ a 50' strip of ground was added to the Moore property. The
purpose of this plan was for the Moores to subdivide their property to
create a lot for their daughter. An access easement for the
acro{s %his new lot was designated oa the plan. The newly created lot
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will have public water and public sewer service; the Mcores will
continue to be serviced by an 2n-~ot septi~ ~/stem .and well.
The post card requesting planning exemption was mailed to DEP on
December 8th; their response should arrive soon. The requests for
modifications of requirements were the same as for the previous plan -
omission of the preliminary plan submission, waiver of the required
original property description at 1" = 100', and acceptance of the two
existing concrete monuments and existing iron pins as sufficient for
re-establishing boundary lines.
MOTION: Mr. McBride made the motion to forward the Final
Subdivision Plan for Donald E. and Patricia A. Moore to the Board
of Commissioners with a recommendation of approval, pending
receipt of a letter from PAWC to provide publi~ water service to
the new lot, and pending DEP approval of the planning exemption.
Mr. Siodlowski seconded the motioD and it carried with a Unanimous
aye Vote.
MOTION: Mr. McBride made the motion, seconded by Mr. Aungst,
recommending approval of the requested modifications of
requirements, which included omission of the preliminary plan
submission, waiver of the required original property description
at 1, = 100', and acceptance of the two existing concrete
monuments and existing iron pins as sufficient for re-establishing
boundary lines. Motion carried with a unanimous aye vote.
The next item for discussion was the Preliminary Land Development
Plan for Holy Spirit Hospital, Cardiac Building Addition.
Application was made to the Zoning Hearing Board for a arlance
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from the lot coverage requirement. The November hearing was
continued to December 21, 2000 ,at the .applicant's request.
Steve Cordaro of Benatec and Associates, and Attorney Jerry Duffle
were present to discuss the ulans. A transparency was displayed
overhead.
Mr. Duffle explained where the prososed addition would be located,
and said ~'
,,a,. plan ~¢a$ P~'~m~nary because other re~ui~tc.-v approvals
were s.ll. needed. ~'= ]osp~ta~ bcar~ had not yet apprcve~i the approx.
the plan was beina ~,-= ...... ~ , 7-~ ~,..s_gn nad begun. Hr. Duffle ~,~.-~
Beard has ruled on the variance request a~ their 9ecemker 21st hearing.
~ple parking :{ill be proviied: however, the impervious ar;a
exceed the maximt~ cf 60% as allowed ' ' - will
necessitating the variance. He :,- ' oy the Zonlil90rdfnance,
proposed to be ' ,- . ~,~t~%er explained tll,l% the building is
w_~. a f~,~ basement, each level having an
area of 30,000 sq. f%. in response to Mr. Buchholz,s guestion, Mr.
Duffle said no certif:cate cf nee{[ ;;is required frvm the State
Department of Health.
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MOTION: Mr. Aungst made the motion to acknowledge review of the
plan and to table it. Mr. Mastrine seconded the motion and it
carried with a unanimous aye vote.
The next item for discussion was the Preliminary Land Development
Plan for Woodland Apartments for Eric Poller.
Mike Bowser of Biscon Land Surveying explained the plan using a
transparency projected overhead. Eight units were proposed at the
eastern end of Beale Avenue, with access proposed off the alley to the
east of the property.
Mr. tine questioned the method of stormwater conveyance, and Mr.
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Ernest explained that the proposed sheet flow method designed by Mr.
Bowser was acceptable.
Mr. Stine asked whether the numerous staff comments had been
addressed. Mr. Bowser said about 80% had been addressed, but that
there were several yet to be discussed, including improvements to the
alley. Soil Conservation District comments were minor, and will be
revised and resubmitted to the County. Mr. Ernest indicated that the
Planning Module exemption card was mailed from the Township today, and
that the plan was sent to Gannett Fleming for their review comments on
the Sewer extension.
There was discussion about the PA:{C letter for service, the safety
of the grade changes for driveways, improvements to the alley access,
and trash disposal Each uni~ -~'" be ~rovided with a two-car garage,
and two additional off-stree~ spaces are proposed; however, it was
stated ', -
rna. %here would be ac ~;ay to prevent people from parking on
West Beale ~venue. Mr. Bowser ~as asked to locate a fire hydrant on
the plan, ~d he said he
~ wou~. measure to the nearest hydrant and
aocate it ~n the plan.
Regarding lighting for the parking area, which the County Planning
Commission had questioned, Mr. Bowser said there would be motion
activated lights on each garage door, but that there Were no plans for
pole Iight~.
Mr. B,:narrigo asked whether a hammerhead turn-around could be
created for emergency vehicles; Mr. Ernest pointed out an unopened
right-of-!~v to ' ~
tn_ Scuth of the :.:nits and suggested dedicating ~0 of
--J .... way and constructing the turn-around to facilitate olowing
the access alley. Mr. Stine asked if staff was
would the~ ~ake ~. ~'
responsibility ~ ~,~. ~, saying the Te',~ship
only indica-~ ~_~ .~ , . -~ ~wl:~g ~ne alle-~ Mr. Bonarrigo
it wss suggested that the building be relocated to increase the
setback of '~'~' fi~s~ unit ~ ·
...... ~-slde the access alley =-~
' ~m 3' to 10'. Mr.
Bowser sall the building could be shifted and a strip of ground
dedicated. :'~3. Stine asked about curb and sidewalk on Beale Avenue and
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Mr. Bowser said they will extend the existing sidewalk in front of the
eight ~nits.
Mr. Siodlowski pointed out that a dumpster pad had been required
on a previously approved and similar plan; Mr. Pietropaoli s~ggested
that a du~pster might be less expensive than the per unit cost for
curbside pickup.
Mr. Stine felt staff and County comments were numerous and, given
the possibility that the building might be relocated, he was not in
favor of asking for a Vote to forward the plan to the Board of
Commissioners. Mr. Bowser said the staff had recommended bringing the
plan to the Planning Commission at this time.
MOTION; Mr. McBride made the motion, seconded by Mr. Buchholz, to
table the Preliminary Land Development Plan for Woodland
Apartments for Eric Peifer until corrections have been made. The
motion carried with a unanimous aye Vote.
The following miscellaneous item was addressed:
The Joint Public Nearing for the Rezoning request by 1550
Associates, on behalf of Donald and Janice Woods, is schedule for
December 14, 2000. Mr. Yohe said he had already received several phone
calls about the proposal, and that he expected a large crowd to be in
attendance.
There being no further business to discuss, Chairman Stine
declared the meeting adjourned at 8:50 p.m.
Respectfully submitted,
Joyce A. Stom
Recording Secretary
The next meeting i~ Scheduled for Thursday, January 4, 2001.
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~ 114 N. HANOVER ST. - STE.
"' T~ephone~TDy (717) 249-0789 ·(717 104 · CARLISLE PA 17013-2445
697.7703 · (717) 532~805 · Fax(717) 949-4071 '
) ' eche~pa.net
.......... ....... REDo EVELOPMENT AUTHORITY
: .................... · THI~. COUNTY OF CUM~E~
· Downtown Revitalization ·
Housing Development · Housing Rehabilitation ·
· Housing Management · Homeownership Programs ·
· Public Facility Improvements ·
January 16, 2001
YlA CERTIFIED/FIRST CLASS MAll
Mr. Donald R. Smiley
115 East Columbia Road
Enola, PA 17025
Mr. Craig E. Smiley
306-1/2 South Front Street
Wormleysburg, PA 17043
RE:
101 North Enola Road
VPRB 20006-06
Dear Messrs. Smiley:
Please be advised that Cumberland County has adopted Ordinance 99-1 establishing the
Cumberland County Vacant Property Reinvestment Board (hereinafter the "Board"). The
Cumberland County Redevelopment Authority (hereinafter the "Authority") provides
administrative support for the Board.
The Board was established for the purpose of identifying properties within Cumberland County
which are deemed to be a blighted property, as that term is defined in the ordinance. The
above-referenced property has been referred to the Board due to the fact that the Board
considers the property to fall under the definition of a blighted property. The purpose of this
letter is to explain to you what action needs to be taken by you, as the property owner, to
eliminate any blight and to provide you with a reasonable time period for action to be taken
on your part to eliminate the blight. Your failure to take action to remove the blighted
conditions within the time specified herein may cause the Board to adopt a resolution which
initiates a blight determination process that may ultimately result in a formal determination that
the above-referenced property is a blighted property. If such a formal determination is made,
this may result in the taking of your property by the Cumberland County Redevelopment
Authority.
Mr. Donald R. Smiley
Mr. Craig E. Smiley
2
January 16, 2001
For your information, ~ please find an Information Sheet which outlines the purposes
of the Board and the steps that are involved in the blight determination process.
The Board has requested the Authority to advise you that the following conditions of blight do
appear to exist on your property:
1. Trash and debris.
Improper drainage with accumulation of stagnant water.
(In warm weather months) Tall grass and weeds.
Collapsed structure to the rear of the property.
Dilapidated main structure.
6. Above-ground storage tank and 55-gallon drums.
The Board has further requested the Authority to advise you that the following action needs
to be taken to eliminate the above-referenced conditions of blight:
1. All trash and debris must be cleaned up and properly disposed of.
2. Repair sidewalks, driveways, and parking areas to provide proper drainage to prevent
accumulation of stagnant water.
Mow all grass and weeds to a reasonable height.
Remove the collapsed structure to the rear of the property.
Demolish and remove the entire structure or make proper structural repairs to the
building.
If the main building is retained and repairs completed in accordance with Item 5 above,
then all other exterior trim and woodwork and all windows, doors and frames must be
repaired in a workmanlike manner.
and all
All underground storage tanks and contents must be removed and lawfully disposed of.
The above-ground storage tank and contents and all 55-gallon drums and contents
must be removed and lawfully disposed of.
Finally, the Board has requested the Authority to advise you that you shall have until February
15, 2001, within which to remove all trash and debris and the above-ground tank and contents
55-gallon drums and contents, and to lawfully dispose of same. You are also further
Mr. Donald R. Smiley 3
Mr. Craig E. Srniley January 16, 2001
advised to contact the undersigned on or before February 15, 2001, to set forth a proposal
as far as remediating the remaining conditions of blight, which proposal shall be submitted to
the Board for consideration.
Your attention to these matters are appreciated. If you have any questions concerning this
letter, please contact the undersigned.
Very truly yours,
kb
Christopher C. Houston, Esquire
Director of Real Estate Development
Enclosure
CC;
John Eby, President/VPRB
John Owen, Codes Officer/East Pennsboro Twp.
DEP Bureau of Watershed Conservation
CUMBERLAND COUNTY
VACANT PROPERTY REINVESTMENT BOARD
VPRB 2000-06
AFFIDAVIT OF SERVICF
I hereby certify that the Initial Property Owner Notification Letter dated January 16, 2001,
was served upon the following by certified mail, return receipt requested, postage prepaid:
Craig E. Smiley
306-1/2 South Front Street
Wormleysburg, PA 17043
Donald R. Smiley
115 East Columbia Road
Enola, PA 17025
REDEVELOP.~ENT AUTHORITY OF
TFIE~/O~ F CUMBERLAND
BY- '
Christophe;~:~. Houston, Esquire
114 North H~nover Street
Carlisle, PA 17013
717-249-0789
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
I~ Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. A~icle Addressed to:
CRAIG E SHILEY
306-1/2 S FRONT ST
WOP, MLEYSBURG PA 17043
A. Received by (Please Print O earle B, Date of Delrve~,
I-7o
[] Yes
~ No
2. Article Number (Copy from service label)
7099 3400 0018 5002 9234
PS Form 3811, July 1999 Domestic Return Receipt
3. Service Type
~Certified Mail r-I Express Mail
i'-I Registered [] Return Receipt for Merchandise
[] insured Mail [] C.O.D.
4. Restricted Delivery? (Extra Fee) [] Yes
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. A~icle Add~ssed to:
DONALD R SHILEY
115 E COLUMBIA RD
ENOLA PA 17025
2. Article Number (Copy from service labelj
7099 3400 0018 5002 9241
PS Form 3811, July 1999 Domestic Return Receipt
- , Date of Delivery
·
-[" E] Agent
D. Is c~elivery address different f ~I [] Yes
If YES, enter delivery a~l~low: ~[ NO
3. Service Type
~ Certified Mail [] Express Mail
[] Registered I-3 Return Receipt for Merchandise
[] Insured Mail I-3 C.O.D.
4. Restricted Delivery? (Extra Fee) [] Yes
102595-00-M.0952
CUMBERLAND COUNTY VACANT
PROPERTY REINVESTMENT BOARD
BLIGHT DETERMINATION RESOLUTION NO. 2001-,'i
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
WHEREAS, the Board has reviewed conditions existing at 101 North Enola Road, East
{Subject Property)
. Pennsboro Township, Enola, PA (hereinafter the "Premises"); and
WHEREAS, the Board has determined that the aforementioned Premises is vacant and exhibits
one or more of the conditions of a blighted property as set forth in Ordinance No. 99-1; and
WHEREAS, the Board has adopted Rules and Regulations to govern the procedures of the
Board which includes that upon a declaration of blight by the Board that a subject property is
indeed a blighted property, that a blight determination resolution is to be adopted by the Board.
NOW, THEREFORE, BE IT RESOLVED that:
The Premises is determined to be blighted based on evidence submitted to the Board
in accordance with Ordinance No. 99-1 and the Urban Redevelopment Authority Law,
as amended.
Notice of the adoption of this resolution shall be provided to the property Owner in
accordance with the Rules and Regulations adopted by the Board.
Attached hereto and incorporated herein by reference thereto is the explanation of
property owner's rights and notice of the right for the property owner to request a
hearing.
The property owner shall specifically take the following steps to remedy the blighted
conditions of the property:
Remove all trash and debris, including tires.
Repair sidewalks, driveways, and parking areas to provide proper drainage to
prevent accumulation of stagnant water.
Mow all grass and weeds to a reasonable height in accordance with Township
regulations.
Remove the collapsed structure and storage tanks located to the rear of the
property.
Demolish and remove the entire main structure or make proper structural repairs
to this building.
If the main building is retained and repairs completed in accordance with the
preceding paragraph, then all other exterior trim and woodwork and all
windows, doors, and frames must be repaired in a workmanlike manner.
All underground storage tanks and contents must be removed and lawfully
disposed of.
Any and all above-ground storage tanks and their contents and all 55-gallon
drums and contents are to be removed and lawfully disposed of.
ADOPTED this j~l~ day of
,2001.
ATTEST:
Secretary
CUMBERLAND COUNTY VACANT PROPERTY
REINVESTMENT BOARD
I hereby certify that the above resolution was enacted at a duly constituted meeting of the
Cumberland County Vacant Property Reinvestment Board held on the ~ day of
. ,/'~D,~. ~._~, , 2001, at Two West Penn Street, Carlisle, PA 17013.
CUMBERLAND COUNTY VACANT PROPERTY
REINVESTMENT BOARD
S~etary
File: 101Disk:BDR
CUMBERLAND COUNTY VACANT
PROPERTY REINVESTMENT BOARD
BLIGHT DETERMINATION RESOLUTION
NOTICE OF PROPERTY OWNER'S RIGHT~
You have been served with a Blight Determination Resolution (hereinafter the "BDR") adopted
by the Cumberland County Vacant Property Reinvestment Board (hereinafter the "Board"). The
BDR specifically advises you, as the property owner, of the necessary steps that are to be
taken to remedy a blighted condition of your property. You must be advised that YOUR
FAILURE TO REMEDY THE BLIGHTED CONDITION MAY CAUSE YOUR PROPERTY TO BE
SUBJECT TO ACQUISITION BY THE CUMBERLAND COUNTY REDEVELOPMENT AUTHORITY.
You shall have the right to request a hearing before the Board to seek a review of this
determination. Said request for hearing must be made in writing to be received by the Board
no more than thirty (30) days from the date of your receipt of the BDR. A request for a
hearing must be accompanied by a check in the amount of $350, and made payable to the
County of Cumberland.
In the event you, as the property owner, decide to comply and remedy the blighted conditions
of the property, you must provide to the Board, within thirty (30) days of your receipt of the
BDR, a rehabilitation plan in significant detail to show how the blighted conditions will be
removed along with your estimate of the costs of the rehabilitation. The removal of the
blighted conditions must occur within a six (6) months period from the date of the Board's
acceptance of the plan. A deposit of ten per cent (10%) of the estimated rehabilitation costs
or $1,000, whichever is less, is required to be posted with the Board along with the
rehabilitation plan before the plan will be accepted. If the Board accepts the rehabilitation plan,
it will take no further action against the subject property, provided you diligently carry out the
rehabilitation plan. Prior to the acceptance of the rehabilitation plan, the Board shall be
satisfied that it will satisfy local applicable Code requirements for a Certificate of Occupancy,
or the equivalent. Upon completion of the rehabilitation plan, the deposit shall be refunded to
you. If the rehabilitation plan is not completed, then the deposit shall be forfeited and the
property returned to the Board for further action.
In the event that you fail to timely request a hearing before the Board or you have exhausted
all appeals and no rehabilitation agreement has entered into with the Board, then the Board
shall adopt a "second resolution" stating that you have been served with a Notice of Blight,
that you have been notified of your right to appeal the determination, that you have failed to
correct the violations cited, and that you have not have made satisfactory arrangements to the
Board to begin addressing the violations. Upon adoption of the second resolution and upon
certification by the County and municipal planning commissions that your property is deemed
to be a blighted property, then your property may be certified as a blighted property to the
Redevelopment Authority, who shall then be authorized to acquire your property by eminent
domain.
HEARING BEFORE THE BOARD -
Upon receipt of a written request for a hearing from a property owner, the Board shall
provide written acknowledgment to the property owner of the request for a hearing and
of the scheduling of the hearing. The hearing shall be scheduled at a regular meeting
of the Board. Notice of the time and place of the hearing shall be given not more than
fourteen (14) and not less than seven (7) days in advance of any hearing. Such notice
shall be published for two consecutive days in a newspaper of general circulation in
Cumberland County.
The Chairman shall select a Hearing Panel to be comprised of three (3) members of the
Board, not to include however the Redevelopment Authority or County Planning
Commission representative, and shatl select a chairperson for the Hearing Panel.
At the hearing before the Hearing Panel the Redevelopment Authority shall present the
evidence of blight and shall be subject to cross examination by the property owner or
his representative. The property owner shall be afforded an opportunity to present
evidence in defense of the determination that blight exists and shall be subject to cross
examination by the Redevelopment Authority.
The Board shall keep a record of the Proceedings of any hearing, either stenographically
or by sound recording. A transcript of the proceeding and copies of graphic or written
material received during any hearing shall be made available to any person at their cost.
At the conclusion of the hearing, the Hearing Panel shall render a decision as to
whether the property is deemed a Blighted Property, as that term is defined in
Ordinance 99-1. The decision of the Hearing Panel shall be deemed a final decision
of the Board. Any appeals from the decision of the Board may be to the Court of
Common Pleas and made pursuant to provisions of the Local Agency Law, 1978, April
28, P.L. 202 No. 53, as amended.
File:F:Vac prop:VPRNot
CUMBERLAND COUNTY
VACANT PROPERTY REINVESTMENT BOARD
VPRB 2000-06
AFFIDAVIT OF SERVICF
hereby certify that Blight Determination Resolution No. 2001-3 was served upon the
following by certified mail, return receipt requested, postage prepaid, on the following:
Donald R. Smiley
115 East Columbia Road
Enola, PA 17025
REDEVELOPMENT AUTHORITY OF
THE COUNTY OF CUMBERLAND
B~ouston, Esquire
114 North Hanover Street
Carlisle, PA 17013
717-249-0789
~i Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Pdnt your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mai~piece,
or on the front if space permits.
1. Article Addressed to:
DONALD R SMILEY
115 E COLUMBIA RD
ENOLA PA 17025
C. Signature ~ ~ ~-
I ~.. ~ I-I Addressee
D. Isdetiv~q'addreSSdiffererttflorn' 17 [] Yes
If YES, enter delivery eddress~low: [] No
3. Service Type
~[Certifled Mail [] Express Mai~
[] Registered [] Return Receipt for Merchandise
[] Insured Mall [] C.O.D.
4. Restricted Delivery? (Extra Fee) [] Yes
2. Article Number ~Cooy from sen/ice label)
7099 3220 0009 5575 0780
PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952
PROOF OF PUBLICATION
State of Pennsylvania,
County of Cumberland.
Sherry Clifford, Classified Ad Manager of THE SENTINEL,
of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of
general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th,
1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice
or publication attached hereto is exactly the same as was printed and published in the regular editions and
issues of THE SENTINEL on the following dates, viz
Copy of Notice of Publication
I
NOTICE
NOTICE iS HEREBY GIVEN that the Cumberland county Vacant Property Reinvest-
ment Board (the "Board') has determined that the following property is deemed to be
vacant and e~(hibits one or more of the conditions of a blighted property as set forth in
Cumberland County Ordinance No. 99-1 and that a Blight Determination Resolution
(the "BDR') has been adopted for each property in accordance with the rules and
regulations of the Cumberland County Vacant Property Reinvestment Board. The
BDR specifically sets forth the necessary steps that are to be taken to remedy the
blighted condition of a property. The property owner is further advised that YOUR
FAILURE TO REMEDY THE BLIGHTED CONDITION MAY CAUSE YOUR
PROPERTY TO BE SUBJECT TO ACQUISITION BY THE CUMBERLAND
September 25, 2001
deposes that he is not interested in
~tter of the aforesaid notice or
115 East Columbia Road PA
Enola. PA 17025
CUMBERLAND COUNTY VACANT PROPERTY
REINVESTM ENT BOARD. 114 N. Hanover St.. Carlisle. PA 17013
COUNTY REDEVELOPMENT AUTHORITY. The BDR contains a Notice of Property
Owners Rights including the right to request a hearing within thirty (30) days from the .
and that all allegations in the
date of the property owner's receipt of the BDR.
A complete copy of the BDR may be obtained by contacting the Cumberland County ;ment as to time, place and character
Redevelopment Authority at 114 North Hanover Street. Carlisle. PA 17013;
717-249-0789. are true.
Resolution Property Owner Property Addrese
BDR-2001-3 Smiley Estate 101 North Enola Road
c/o Donald Smiley Eno~a. Cumberland County ~? .
Septem e~r26, 2001
Sworn to and subscribed before me this 26th
day of September ,2001.
Notary Public
My commission expires:
_My~ARIA/SEAL -'
SHIRLEY O. DURNIN, I'~ola~ Public '
CaSsia Boro.. Cumber an(/
~C~ission Ex,res
CERTIFICATION OF POSTINR
I, Christopher C. Houston, of 114 North Hanover Street, Carlisle, PA, do hereby certify
that on the 20th day of September, 2001. that I did post Cumberland County Vacant
Property Reinvestment Board Blight Determination Resolution 2001-3, on the real
property located at 101 North Enola Road, Enola, Cumberland County, PA.
F:~HOUSTON\iO1POSI.WPD
CI 'MBERLAND COU~'Ty VACANT PROPERTY
REINVESTMENT BOARD
PROPERTY REFERRAL FORM
Address of
property: 101 N. Enola Rd. Enola, Pa 17025 (Smilev's) Tax Pa,eel 09-14-0832-266
Photograph of property enclosed? Yes (yes/no)Note: we recommend that you
provide us with a Y'XS' photograph or larger
2. Name and Address of Property Owner (if known)Donald R. Sra~'l¢y. 115 F, ast Columbia
Rd Enola, Pa 17025 ; Craig E. Smiley 306 1/2 S. Front St Wormleysl,urg, pa 17043
3. Is the property currently vacant?_Yes How Long?.. 9 years
4. Does the property meet one of the conditions for blight as described in the
ordinance?
(see attached) w o (yes/no)
Describe conditions at the property that relate to its blighted nature
The building has been boarded and secured at the Townships request
to prevent access, and to prevent further vandailism. Structure is
.in questionable structural condtiog,
How long have the conditions described above existed? 11 years
ye~s)
(# of
What was the most recent previous use of the property?
residential(single or multi-family-circle one)
.x commercial
other (describe)
Has the.oxx~er of the property been previously cited for code violations in
connecuon with this property? ,z,~ (yes/no) Please give us a brief history of
code violations, if applicable, infO'diaz dates of notification of violations and
whether violations still exist (.please provide citations to specific code
,~iO~ ,-' _,
~a~ oI1~)2
(See attached sheet)
~;'Zpt.'rt: The only reh~hilitaion nE th~s property has ne~urp,l
at the ~epeated request to clean and remove trash and rubish.
superficial concerns.
What utilities have been disconnected'?
Water: No current service: Gas: not att'ire: ElectrSc: No curre,,t
service; Trash & Sewer: Pa±d as of 23 Oct 2000
i0. Has your municipality committed fund~ for acquisition, rehabilitation, or
demolition for th/s property? No (yes/no/unknown) If the answer is yes,
please state an amount, if known ~/~ fPreference may be given for
properties for wkich a municipality has stated a willingness to contribute funds for
acquisition, rehabilitation, or demolition)
11. Is there an),' other information that you would like to provide at th.is time?
There is an underground Oil tank of a unknown size and location o.
rear of the ~rooertv. This blighted oronerty is located within
100 meters of an assisted care facility.
W'e will acknowledge all property referral forms received; however, because of
resource restraints, the Vacant Property Reinvestment Board may not be able to
pursue every properD, referral
Please contact Christopher C. Houston at the Redevelopment Authority,
(249-0789) if you have any questions about how to complete this form
The form is to be returned to the following:
Christopher C. Houston
Cumberland County Redevelopment Author/~-
1 i4 North Hanover Street
C~-lisle, PA 17013
Nmme of person ccmpleting this form:
T21e: r,,,~=~ r,,~,l~ .... Officer
PhoneN'umber (717~ 7q2-07t]
98 £. Encla Dr. Enola Pa 17025
.Enclosure I Code Violation History for 101 North Enola Rd.
1 Jan 89
Violations to East Permsboro Township Property Maintenance Ordinance, 368-70,
code of ordinances, chapter 27, Part 4, Part 19, section 10l et seq. Pm 301.0 Grass and
Weeds not allowed growing in excess of 6" in height.
Violations of the East Pennsboro Township Property Maintenance Ordinance,
368-79 Chapter 1 l, Part l, section 101 et seq. Pm 301 Trash & Rubbish. 378-80 Chapter
27, Part 29, Section 476 unlicensed vehicles.
1 Sent 00
Violation of the Eat Pennsboro Township Property Maintenance Code under
B.O.C.A. National Property Maintenance Code/1996:PM-304.1 Exterior structure, PM-
305.2 Structural members PM-305.3 Interior surfaces, PM-306.1 Accumulation of
rubbish or Garbage. PM- 108.11 Unsafe Structure. 545-94 section 21E Grass and weeds
not allowed to grow in excess of 6" in height.
Report ~om one of the property owners of Vandalism and chug use inside the
abandoned building.
EAST PENNSBORO TOWNSHIP
ROBERT L GILL
Township Manager
DONALD L. TAPPAN
Assistant Township Manager
Mr. Donald Smiley
115 East Columbia Road
Enola, PA 17025
t8 June 200t
RE: Property Maintenance Code Violations
10l North Enola Road (Tax Parcel # 09-14-0832-226)
D~ar Mr. Smi!ey,
I am informing in writing of the existence of dangerous, and blighted conditions and
various code violations with your property located on 101 N. Enola Road, Enola Pa. These are
violations of both the Township Property Maintenance Ordinance , 545.94, and the
Township adopted BOCA National Property Maintenance Coded1996, Ordinance 570-96.
The violations to the exterior of property are as follows: 545-94, 211, E Grass, Weeds
and other vegetation. "/t shall be unlawful for any person, persons or firm or corporation
owning or having a personal interest in any real estate in the Township of £ast Pennsboro to
permit any grass or weeds or any other vegetation whatsoever not edible or planted for some
useful or ornamental purpose to grow or remain upon such property so to exceed a height of six
(6) inches or throw off any unpleasant or noxious odor or to conceal any fitly deposits or to
create or produce pollen. Any such grass, weeds or other vegetation growing upon any premise
in the Township in violation of these provisions of this section is herby declared to be a nuisance
and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Township ".
Appropriate measures shall be taken, to continually cut and maintain the lawn of the property,
and remove all vegetation that might cause any risk to adjacent properties and residents (i.e.
poison ivy sumac etc.) to comply with the Township standard.
BOCA PM306.1 Accumulation of rubbish or garbage: "All Exterior property and
premises, and the interior of every structure shall be free of from any accumulation of rubbish
and garbage ". This applies to any the tires any other miscellaneous non and hazardous waste
materials including the 55 gallon drums located on the rear of the property containing, oil humped
out of the underground tanks. ~ '
The accessory structure is in violation of BOCA PMI0g. I.I Unsafe Structure.. An
Unsafe structure is one that is found to be dangerous to the life, health, property or safety of the
public or the occupants of the structure by not providing minimum safeguards to protect or warn
occupants in the event of fire, or because such structure contains unsafe equipment or is so
damaged, deca3,ed, dilapidated, structural unsafe, or of such faulty construction or unstable
foundation, that partial or complete collapse is likely".
This accessory structure in the rear of th~ propert2, presents some very specific and
dangerous concerns, that corrective action shall be taken to mitigate the current conditions for
obvious health and safety reasons. This structure is in such dilapidated and unsafe conditions
presents a clear and present danger of collapse. Therefore it might be necessary to
have this structure razed since the structural members that once supported have failed causinl~ the
tank to fall and push on and create extreme pressure and strain on the walls of the comprom~'sing
the overall structural integrity. The oil tank itself should be seal or covered, and removed to
98 South Enota Drive · Enola, PA 17025-2796 · (717] 732%3711
prevent access to the interior of the tank. It should be noted that the underground oil tank should
also be secured to prevent access, until [ts existence can be remedy for safety concerns.
The main structure and property as long as it remains posted, and structure is secured
should to discourage further vandalism, and trespass. If you find any vandalism is occurring,
please feel free to contact the Township police deparU~ent. If you should have any addition
questions regarding disposal of non hazardous waste please feel free to refer to your letter of 27
April 2000, or contact me to obtain the previously offered dump pass, which is still in my
possession.
To disregard this notice under BOCA National Building Code Section 11.9.6: "Upon
refusal or neglect of person served with an unsafe notice to comply with the requirements of the
order to abate the unsafe condition, the legal counsel of the jurisdiction shah be advised of all the
facts of the order to purse recourse of the/aw".
Therefore, upon receipt of this letter you shall have the grass, weeds and other vegetation,
cut and removed, and remove all remaining rubbish and trash from the exterior of the property.
You shall have fourteen (14) days to comply with these two violations.
The Township would also request that you ~ake any and all necessary and appropriate
measures to make the accessory structure, the above and below ground oil tanks safe. The 55-
gallon drums shall be removed from the property and contents properly disposed. These
corrective measures shall be addressed with in the next thirty (30) days.
If you wish to appeal this enforcement notice or request an extension please submit a
letter and detailed course of action on the corrective measures you wish to employ, and specific
time line that these violations will be corrected. You may also attend the next Township Board of
Commissioners meeting on the 11 July 2001 at 7:00 PM. It will be located at the Summerdale
Fire Company Social Hall, 202 Third Street, Summerdale.
It is my sincere desire to see you meet with and comply with all these violations in a
timely and expedient manner. The property will be inspected during the above-mentioned time
standards to ensure compliance. Failure to comply will constitute violation, which upon
conviction is punishable by fine of not more than one thousand dollars ($1,000.00) per violation,
plus costs of prosecution. Every day that the violation continues after the notice has been served
shall be deemed a separate offense.
Thank you, for your time and consideration in this matter. If you should have any
questions concerning this letter, please contact me at the Township office at 732-0711.
Sent Certified & 1u Class 7000-0600-0028-6078.1603
Sincerely,~.~.._..~
,,,,]bhn B. Owen ~
//Codes Compliance Officer
All Township Commissioners
Robert L. Gill, TWP Manager
Donald L. Tappan, Assr Twp Manager
Her~ F. Coyne, Twp Solicitor
John Pietropaoli, Code & Zoning Officer
Christopher Houston, Cumberland Coantv Redevelopment Authority
Susan Smith, Mr. Smileys Legal Counsel'
2
DEPARTMENT OF ENVIRONMENTAL PROTECTION ',
BUREAU OF LAND RECYCLING AND WASTE MANAGEMENT
dWM Identification Number
IEntr~ Time/Dale ~
I 1:30 AM / 7-13-01
Facility/Incident Name and Location
Smiley Property
101 North £nola Rd., Enola, PA 17025
Name. Address of Responsible Official
David Smiley
115 East Columbia Rd.
Enola, PA 17025
Title
Estate administrator
Telephone
[nterviewed
[] Yesfl~' No
REMARKS:
The Department conducted an inspection in response to a complaint filed by East Permsboro Twp. regarding
the presence of several unidentified drums at 101 North Enola Rd. Present from the Department were James
Smathers and Elizabeth Gaige.
The__~_~_~artment has the following observations, comments, and recommendations:
1. The property appeared to be former auto repair and service station. No business is currently operating
onsite. The _bu~ The townshi identi~ed David ~th_e administrator of the es .
2. Seventeen 55-gallon drums were observed behind the ~ Most of the ~ ~ ~ ~;~
labels attached; however, the specific contents of the drums were not written of them. The Department was
unable to determine the contents because the lids were bolted onto the drums.
3. The presence of these drums is considered a hazard to the environment and public safety and health.
Therefore, the Department recommends that all of the drums be removed and properly disposed of within 10
days of receipt of this inspection report. Receipts from the disposal facility should be obtained to document
the proper disposal of the drums.
4. Before removing the drums, contact this office at 717-705-4909 in order to discuss this inspection report
and the contents of the drams.
5. If the drums are not removed in the recommended time frame, the Department will consider taking
enforcement actions in order to have the drums removed an~osed of.
VIOLATIONS
PA Solid Waste Mana.~.g. ement Act Sections 601 and 610(1), (2), (4), and (9)
Sample ColleCted
[] Yes ~
James Smathers
IInspector Signature
MAILED
Headquarters
DEP-SCRO
Title
, Telephone
717-705-4909
Date
Telephone
APPENDIX
CUMBERLAND COUNTY ORDINANCE 99-1
J1 1-14-2002 M0N 10:01 AM CUMBERLAND COUNTY C0 I$
FAX NO, 717 240 6448
12,22,91~11.13.99/5.6.99
ORDINANCE 99- ]
AN ORDINANCE OF THE COUNTY OF CUMBERLAND CREATING A VACANT
PROPERTY REVIEW COMMITTEE OF THE COUNTY OF CUMBERLAND, TO BE
KNOWN AS THE "CUMBERLAND COUNTY VACANT PROPERTY
RI=INVESTMENT BOARD,' AND ALLOWING 'FOR THE ACQUISITION AND
DIaI=;OSITION OF REAL PROPERTY UNDER CERTAIN CONDITIONS.
BE IT ORDAI.NED BY THE COUNTY OF CUMBERLAND as follows:
SECTION 1, LEGISLATIVE FINDINGS.
There exists within the County *of Cumberland, both within and outside of certified
I'edavelopment areas, properties which have become derelict, abandoned, or unfit for
human habitation or other use by reasons of age, obsolescence, prolonged vaoancy,
dilapidation, deterioration, lack of maintenance and cam or general neglect {hereinafter
'Derelict Properties~),
Such Derelict Properties both individually and collectively constitute a blight and
nuisance in County neighborhoods, create fire and health hazards, and are in many
cases used, for Immoral and criminal purposes.
Such Derelict Properties cons/~itute unreasonable interferences with the reasonable and
lawful use and enjoyment of other premises In County neighborhoods, em harmful to
the social e~onomic wellbeing of the County of Cumbedand, depreciate property
values, and generally jeopardize the health, safety, and welfare of the public.
It is the purpose of the County of Cumberland to preserve end enhance residential
neighborhoods and neighborhood life and the property uses associated therewith and
to discourage destru~ion and displacement of neighborhoods and neighborhood
properly uses associated with neighborhood life, including, in parzlcular, dlsplaoemant
of Iow and moderate irmome persons.
In the County of Cumberland there exists a serious shortage of affon:lable, decent, safe
or sanitary housing accommodations and properties for related usages.
Vacant property can be a resource for the advancement of economic development in
the County, including both residential and related reuse and commercial or indu~rfal
r~uaa.
Eminent domain is a proper public purpose which will promote Public health, safety, and
welfare.
It is deemed in the best interest of the citizens of the County of Cumberland that a
Vacant Property Review Committee be crea~ed and empowered to' certify to the
Redevelopment Authority of the County of Cumberland (hereinafter "Redevelopment
J N-14-2002,_ . -,, MON lO:O1 CUMBERLAND COUNTY COMMIS FRX NO. 717 240 6448 P. 03
Authority'} blighted properties so that the Redevelopment Authority may hold, clear,
menage or dispose of property for residential and related muse and commercial or
Indu~trlal reuse.
SECTION 2: PUR.POSE The purposes of these provisions are to establish a Vacant Property
Review Committee of the County of Cumberland to implement the provisions of the Url~an
Redevelopment Law, 1945, May 24, P.L. 991, as amended by Act 94 of 1978, Act 39 of
1988, and Am 58 of 1996, and to promote reuse of the relnvestment properties in the County
of Cumberland. This Vacant Property Review Committee shall be known as the 'Cumbederld
County Vacant Property flelnvestme[~t I~oard" (harelna~er the "Board").
SECTION 3. DEFINITIONS.
'Authority" or 'Redevelopment Authority." The Redevelopment Authority of the
County of Cumberland, a public body and a body corporate and politic erected and
organized in accordance with the provisions of the Urban Redevelopment Law.
'Blighted Property." Blighted property shall include:
Any.premises which because of physical condition or use is regarded eea public
nuisance at common law or has been declared a public nuisance in accordance
with local housing, building, plumbing, fire and related codes.
Any premises which because of physical condition, use or occupancy Is
considered an attractive nuisance to children, including but not limited to,
abandoned wells, shafts, basements, excavations, and unsafe fence~ or
strum'urea. '
Any dwelling which because it is dilapidated, unsanitary, unsafe, vermin
invested, or lacking in the facilities and equipment required by the Housing Code
of any municipality, has been designated by the department responsible for
enforcement of the Coda as unfit for human habitation,
Any structure which is a fire hazard, or is otherwise dangerous to the safety of
persons or property.
Any structure from which the utilities, plumbing, heating, 'sewage, or other
facilities have been disconnected, destroyed, removed, or rendered Ineffective
so that the properry Is unfit for Its intended usa.
Any vacant or unimproved lot or parcel of ground in a predomin~tely built up
neighborhood, which by reason of neglect or lacl( of maintenance ~ become
a place for accumulation of trash and debris, or a haven for rodents or other
vermin.
J N-14-2002 liON 10:01 CUliBERL ND COUNTY COlililS NO, 717 240 6448 P, 04
7, Any property which is vacant, which has not been rehabilitated within one year
of the receipt of notice to rehabilitate from a municipal code enforcement
agensy.
'Board of Commissioners." The Board of Commissioners of the County of Cumberland.
D. "County." The County of Cumberland.'
"Munk;ipal/Municipality.' The. County of Cumberland or any city, borough or township
within the County of Cumberland.
F. 'Municipal Planning Commission." The local municipal planning commission,
G. "County Planning Commission." The Cumberland County Planning Commission.
'Redevelopment A?es." Any area, whether improved or unimproved, which the
I~anning Commission may find to be blighted beseuse of the existence of the
conditions enumerated herein, so as to reclUiro redevelol~ment under the provisions of
the Urban Redevelopment Law, as amended.
'Redevelopment Contrast.' A contract between the Authority and the redeveloper for
the redevelopment of an area under the provisions of the Urban Redevelopment Law,
aa amended.
Je
'Residential and Related Usa." Residential and related use shall include residential
property for sale or rental and related uses, including, but not limited to, park and
recreation areas, neighborhood community service, and neighbo~ood parking
SECTION 4, COMPOSITION OF BOARD. The Board shall consist of seven (7) members, as
follows:
A, One (1) member of the goard of Commissioners.
The Chairman of the Redevelopment Authority or his/her designee.
One (1) member of the County Planning Commission, as al~l~oint~d by the County
Planning Commission's chairman.
Four (4) members to be appointed by the Board of Commissioners, with the selection
of the members to be made after due consideration for providing membership on the
Board from the various geographic regions of the County of Cumberland.
~;ECTION 5. CERTIFICATION. The Board, the Municipal Planning Commission, and the County
JRN-]4-2002 M0N 10:02 CUMBERLRND COUNTY CORMI$
NO, 717 240 6448
05
Flanning Commission, upon making a determination ~hat any property is blighted within the
ten~s of this Ordinance, must certify said blighted property to the Redevelopment Authority
except that:
A. No proper~y.ahall be certified to the Redevelopment Authority unless it is vacant.
No'property shall bo certified to the Redevelopment Authority unless the owner of the
property or an agent designated by him for receipt of service of notices within the
County has been served with notice of the determination that the property ia blighted,
together with an appropriate .order to eliminate the conditions causing the blight and
notification that failure to do se may render the property subject to condemnation under
this Ordinance. The notice shall be served upon the owner or his agent in accord with
rules and regulations established by the Board. The owner or his agent shall have the
fight of appeal from the determination that the property is blighted.
No blighted property shall be certified to the Redevelopment Authority until the time
period for appeal, es provided in the Board's rules and regulations, has expired and no
appeal has bean taken, or, if taken, the appeal has been disposed of and the owner or
his agent has failed to complv with the order of the Board or the Court.
SECTION 6. OTHER FUNCTIONS OF THE BOARD.
The Board may advise at its own discretion the County and the Redevelopmertt
Authority in matters relating to the establishment and modification of policies, priorities
and procedures affecting the disposition of properties acquired through the certification
process of the Board.
The Board may advise at its own discretion the Count/ and me Redevelopment
Authority in mat'tara relating to the provision of financial, advisory, and teehni~,ai
rehabilitation assistance affecting reinvestment of properties acquired through the
certification process of the Board.
The Board may advise st its own discretion other municipal agencies in matters relating
to the functions of said agencies affecting the acquisition, disposition, end
reinveetment of properties which have been or may be acquired through the
certification process of the Board.
The Board may advise at its own discretion appropriate agencies in matters relating tO
the disposition of publicly owned properties in the County of Cumberland.
The Board may advise at its own discretion appropriate agencies in the design,
development and implementation of homesteading and other property reinvestment
programs which may from time to time be effectuated ~n the County of Cumberland by
such agencies.
JF~N-14-2002 liON 10:02 f~li CUliBERLF~ND COUNTY COliliI$ F~qX NO, 7]7 240 6448 P. 06
The Board shall do such other acts, including J3ut not limited to the promulgation and
implementation of rules and regulations as may be necessary to fulfill the duties,
obligations, and administration of the Urban Redevelopment Law, as amended, and this
Ordinance.
SECTION 7- REUSE OF ACQUIRED PROPERTY.
Acquisition and disposition of blighted property under this Ordinance shall not re(~uire
preparation, adoption, or approval of a Redevelopment Area Plan or Redevelopment
Propose, ss those terms are .defined in the Urban Redevelopment Law, as amended,
but et least thirty {30| days prior .to the acquisition of any property, the Redavalol~ent
Authority shall transmit identification of the property to the Municipal Planning
Commission and the County Planning Commission and shall request a reoommendndon
aa to the appropriate reuse of the property. The Redevelopment Authority shall no~
aoquire the property where the Munioipal Planning Commission and the County Planning
Commission certify the disposition for residential or related use or commercial or
industrial reuse would not be in accord with the Comprehensive Plan of the Municipality
or the County.
Be
Property disposed of within a Redevelopment Area should be disposed of under a
Redevelopment Contract in accordance with the provisions of the Urban
Redevelopment Law, as amended.
C~hlef Clerk '
C. Property disposed of outside an urban renewal project area shall be disposed of by deed
in accordance with the provisions set forth in applicable law.
SECTION 8. All ordinances or parts of ordinances inconsistent herewith ar~ hereby repealed.
8EC'rlON 9. This Ordinance shall be effective upon enaotment.
ENACTED AND ORDAINED this ~,?'~day of ~'//~c~ ,1999,
A'FI'EST BOARD OF COMMISSIONERS OF
CUMBERLAND COUNTY
Marcia L. Myers
RULES AND REGULATIONS
TO GOVERN PROCEDURES OF THE
CUMBERLAND COUNTY
VACANT PROPERTY REINVESTMENT BOARD
Rules&Rags 12.1.98/ 12.22.98/12,28.98/1.13.99/4.28.99/1.13.00/1.14.00/7,14.00/1 O, 19.00
RULES AND REGULATIONS TO GOVERN PROCEDURES
OF THE CUMBERLAND COUNTY
VACANT PROPERTY REINVESTMENT BOARD
I. NAME
Cumberland County Vacant Property Reinvestment Board (hereinafter the "Board').
I1. AUTHORIZATION
The authorization for the establishment of the Board is provided for in the Urban
Redevelopment Law, 1945, May 24, P.L. 991, as amended by Act 94 of 1978, Act 39 of
1988, and Act 58 of 1996. Pursuant to the Urban Redevelopment Law, the Board of
Commissioners of the County of Cumberland enacted Ordinance 99- 1, which established the
Board and which further authorized the Board to adopt rules and regulations.
Section 1:
Section 2:
II1. BOARD MEMBERS
The Board shall consist of seven (7) members, as follows:
A. One (1) member of the Board of Commissioners.
The Chairman of the Redevelopment Authority of the County of
Cumberland (hereinafter the "Redevelopment Authority") or his/her
designee.
One (1) member of the Cumberland County Planning Commission
(hereinafter the "County Planning Commission") as appointed by the
County Planning Commission's Chairman.
Four (4) members to be appointed by the Board of Commissioners, with
the selection of the members to be made after due consideration for
providing membership on the Board from the various geographic regions
of the County of Cumberland.
Members shall serve for a term of three (3) years dating from January I of the
year of their appointment and shall continue their membership until December
31 or until their successors have been selected and qualified. Provided,.
however, that the initial Members as identified in Section 1 .A.B. and C., shall
serve for a term of one (1) year and Members appointed by the Board of
Commissioners in Section 1. D. shall serve as follows: two (2) years for two
members, so appointed, and three (3) years for two members, so appointed.
Section 1:
Section 2:
Section 3:
Section 4:
Section 5:
Section 1:
Section 2:
Section 3:
Section 4:
Section 5:
IV. DESIGNATION OF OFFICERS
Chairperson - The Chairperson or in the absence of the Chairperson, the Vice
Chairperson, shall preside at all meetings of Board and shall perform such other
duties as may from time to time be requested by the Board.
Vice Chairperson - The Vice Chairperson shall preside at meetings of the Board
in the Chairperson's absence and shall perform such other duties as may from
time to time be requested by the Board.
Secretary - The Secretary of the Board shall prepare the agenda of regular and
special meetings, provide written notice of all meetings to Board members,
arrange for proper and legal notice of hearings, attend to correspondence of the
Board and perform such duties as are normal~y carried out by the Secretary.
The officers shall serve for a term of one (1) year and be members of the Board.
They shall be elected by the members annually at the first regular meeting of
the Board in each calendar year,
Vacancies in office shall be filled immediately.
V. MEETINGS
Regular meetings shall be held bi- monthly at a time and place designated by the
Chairperson.
A quorum for Board meetings shall consist of four (4) members. Binding action
shall require the vote of a majority of Board members present.
Special meetings may be called by the Chairperson or on request of a majority.
of the Board, provided they are called according to the Sunshine Law and that
at least three (3) days written notification of the scheduling of the meeting is
provided to all Board members.
All meetings shall be open to the general public; however, the Board may meet
in closed session for discussion purposes pursuant to the Sunshine Law. Any
meeting may be held by telephone conference call by means of which all
persons participating in the meeting can hear each other.
Unless otherwise specified by a majority vote of a quorum of Board members,
Roberts Rules of Order shall govern the proceedings at the meetings of the
Board.
Section 1:
Section 2:
VI. ORDER OF BUSINESS
The order of business for meetings shall be as follows:
Ao
B.
C.
D.
E.
F.
G.
Call to order
Approval of Minutes of previous meeting
Hearings
Correspondence
Old Business
New Business
Public Comment Period
Removal of any agenda items shall require the vote of the majority of Board
members present.
Section 1:
VII. BUSINESS PROCEDURES
An official agenda of regular Board meetings shall be prepared and mailed to
Board members at least one (1) week prior to the meeting date, Property
reports of properties to be considered by the Board shall accompany the agenda.
Section 2:
Section 3:
All business received after the one (1) week cut off shall be considered as other
business.
Special meeting called by the Board shall cover only the items which have been
scheduled in advance for the specific meeting,
Section 1:
VIII. OPERATING PROCEDURES
List of Potentially-Eligible Properties - At the direction of the Board, a list of
properties that are potentially-eligible for certification as blighted will be
prepared by the Redevelopment Authority. The Redevelopment Authority may
obtain input from any city, boroughs, or township (hereinafter "Local
Municipality") within Cumberland County as to which properties may be
potentially-eligible for certification as blighted. The Planning Commission for a'
Local Municipality (hereinafter "Municipal Planning Commission") shall be
provided with information identifying a potentially-eligible property within its
Local Municipality that is placed on the list of properties, as aforesaid. The
Municipal Planning Commission may provide written comments to the Board
concerning the potentially-eligible property, which the Municipal Planning
Commission feels would be relevant for the Board to consider in determimng
whether the property is blighted. The list shall contain the property's address,
owners' names, date of last-known occupancy, and an indication of its current
status, i.e. vacant, boarded or placarded as unfit for human habitation under any
housing code. The list shall also contain information as to the status of any
proceedings pertaining to housing code violations for the property and any prior
or current rehabilitation of the property. The properties are listed in order of
priority for Board action based upon the Redevelopment Authority's view of the
degree of blighting influence on the neighborhood in which they are located.
The Board selects the properties that it wishes to address.
Section 2:
Property Owner Notification Letter - A letter is sent via both regular and
certified mail to the owner or its designated agent for service of notices within
the county. The letter explains what action needs to be taken by the property
owner to eliminate any blight and provides for a reasonable time period for any
action to be taken. The letter does not constitute official action by the Board
but is only a notice of the fact that the Board may deem the property to be a
Blighted Property, as that term is defined in Ordinance 99-1.
Section 3:
Property Fact Sheet - In the event that the property owner fails to follow the
instructions outlined in the Property Notification Letter, the Property Fact Sheet,
which is based on the criteria of blight as defined in Ordinance 99-1, is
completed by the Redevelopment Authority based on specifics concerning any
evidence of blight, including, but not limited to, any reports and evidence of
municipal code violations.
Section 4: First Official Notice -
The Fact Sheet is evaluated and, if the subject property is declared
blighted, a Blight Determination Resolution (hereinafter the "BDR") is to
be adopted by the Board.
The Board's Secretary shall then provide notice of the adoption of the
BDR, as follows: (i) Mail to the property owner or an agent designated
by him for receipt of service of notices within Cumberland County via
certified mail, return receipt requested, a copy of the BDR (In the event
the mail is returned with notation by the postal authorities that the
owner or his agent refused to accept the mail, the Secretary shall have
the right of service of the BDR by mailing a copy to the owner or his
agent at the same address by ordinary mail with the return address of
the Board appearing thereon. Service by ordinary mail is complete if the
mail is not returned to the Board within fifteen (15) days after mailing.
In the event the mail is returned with the notation by the postal
authorities that it was unclaimed, the BDR shall be personally served
upon the owner or his agent). In the event that personal service upon the
owner or his agent is not able to be made after three (3) such attempts,
then the Secretary shall mail the BDR to the owner or his agent at the
same address by ordinary mail with the return address of the Board
appearing thereon with service by ordinary mail being deemed complete
if the mail is not returned to the Board within fifteen (15) days after
mailing, (ii) post the property with a copy of the BDR, and (iii) publically
advertise the adoption of the BDR.
In the BDR, the property owner's rights are explained to them. The BDR
shall specifically advise the owner of the steps that are to be taken to
remedy the blighted condition of the property and of the fact that the
failure of the owner to remedy the blighted condition may cause the
property to be subject to condemnation. The property owner shall
further be advised that it may request a hearing before the Board to seek
a review of the determination. Said request for a hearing shall be made
in writing to be received by the Board no more than thirty (30) days from
the date of the property owner's receipt of the BDR. A request for a
hearing shall be accompanied by a check in the amount of $_350.00,
made payable to the County of Cumberland.
In the event the owner of said property decides to comply and remedy
the blighted conditions of the property, he must provide to the Board,
within thirty (30) days of the property owner's receipt of the BDR, a
rehabilitation plan in significant detail to show how the blighted
conditions will be removed along with the estimated cost of
rehabilitation. The removal of the blighting influences must occur within
a six (6) month period from the date of the Board's acceptance of the
plan. A deposit of ten per cent (10%) of the estimated rehabilitation
cost or $1,000, whichever is less, is required to be posted with the
Board along with the rehabilitation plan before the plan will be accepted.
If the Board accepts the rehabilitation plan, it will take no further action
against the subject property, provided the owner diligently carries out
the rehabilitation plan. Prior to acceptance of the rehabilitation plan, the
Board shall be satisfied that: (1) the rehabilitation plan will remedy the
blighted conditions identified in the BDR, (2) the rehabilitation plan will
remedy the existing municipal housing and other applicable code
violations, for which prior notice of violation thereof has been provided
to the property owner by the municipality, and (3) a building permit can
be issued by the municipality for the work contemplated to the property
owner. Upon completion of the rehabilitation plan the deposit shall be
refunded to the property owner. If the rehabilitation plan is not
completed then the deposit shall be forfeited and the property is returned
to the Board where the steps for a Second Resolution, as provided for
Section 5:
in Section 10, will be followed.
Hearing Before the Board -
Upon receipt of a written request for a hearing from a property Owner,
the Board shall provide written acknowledgment to the property owner
of the request for a hearing and of the scheduling of the hearing. The
hearing shall be scheduled at a regular meeting of the Board. Notice of
the time and place of the hearing shall be given not more than fourteen
(14) and not less than seven (7) days in advance of any hearing. Such
notice shall be published for two consecutive days in a newspaper of
general circulation in Cumberland County.
The Chairman shall select a Hearing Panel to be comprised of three (3)
members of the Board, not to include however the Redevelopment
Authority or County Planning Commission representative, and shall
select a chairperson for the Hearing Panel.
At the hearing before the Hearing Panel the Redevelopment Authority
shall present the evidence of blight and shall be subject to cross
examination by the property owner or his representative. The property
owner shall be afforded an opportunity to present evidence in defense
of the determination that blight exists and shall be subject to cross
examination by the Redevelopment Authority.
The Board shall keep a record of the Proceedings of any hearing, either
stenographically or by sound recording. A transcript of the proceeding
and copies of graphic or written material received during any hearing
shall be made available to any person at their cost.
At the conclusion of the hearing, the Hearing Panel shall render a
decision as to whether the property is deemed a Blighted Property, as
that term is defined in Ordinance 99-1. The decision of the Hearing
Panel shall be deemed a final decision of the Board. Any appeals from
the decision of the Board may be to the Court of Common Pleas and
made pursuant to provisions of the Local Agency Law, 1978, April 28,
P.L. 202 No. 53, as amended.
Section 6:
Section 7:
Public Notice - Public notice of the BDR shall be deemed satisfied if the BDR is
published in a newspaper of general circulation in Cumberland County.
Notarized proof of publications shall be retained by the Board Secretary.
Certification of Service - Posting - A certificate of service - posting is completed
Section 8:
Section 9:
Section 10:
Section 1:
when the property is posted. The property is to be posted by the
Redevelopment Authority and is to be done in a manner so as to keep the
posting in place for a period of ten (10) days, and can only be removed by
tearing it off. This posting is to be witnessed and notarized and a certificate is
to be filed with the Board Secretary.
Certificate of Service - Personal Delivery - A certificate of service - Personal
Delivery is completed when the BDR is hand delivered to the owner of said
property or his authorized agent. This hand delivery is to be witnessed and
notarized and retained by the Board Secretary.
Rehabilitation Agreement - This Agreement is provided to the owner by the
Board upon acceptance by the Board of owner's rehabilitation plan. All
conditions of blight must be addressed and timed elements stated for each
violation. This document is signed by a Board member, the owner of said
property, and notarized.
Request to County Planning Commission and Municipal Planning Commission -
At such time as: {i) the property owner has failed to timely request a hearing
before the Board, or {ii) the property owner has exhausted all appeals, and no
Rehabilitation Agreement has been entered into with the Board, then the Board
shall adopt a "Second Resolution" stating the property owner has been served
with a notice of blight, been notified of his/her right to appeal the determination,
has failed to correct the violations cited, and has not made satisfactory
arrangements to the Board to begin addressing the violations. Prior to adoption
of the Second Resolution, the Redevelopment Authority shall conduct a
reinspection of the property indicating that the violations cited have not been
eliminated. Upon adoption of the Second Resolution, the Board shall transmit
to the County Planning Commission and the Municipal Planning Commission, if
any, for the municipality in which the property is located the Second Resolution
and request that the County Planning Commission and the Municipal Planning
Commission determine whether the property is a Blighted Property and, if so,
certify said Blighted Property to the Redevelopment Authority. The
Redevelopment Authority shall, likewise, be provided with a copy of the Second
Resolution and the Board shall certify said Blighted Property to the
Redevelopment Authority.
IX. STAFF
The Board may retain its own staff; however, the Board shall have available to
it such staff as the Redevelopment Authority can provide.
X. AMENDMENTS
These rules and regulations may be amended by a majority vote of the entire membership of
the Board.
1N RE: APPEAL OF ESTATE OF ROSS : IN THE COURT OF COMMON PLEAS OF
H. SMILEY FROM THE : CUMBERLAND COUNTY, PENNSYLVANIA
DETERMINATION OF BLIGHT OF THE :
VACANT PROPERTY REINVESTMENT : NO: 02-25 CIVIL TERM
BOARD OF CUMBERLAND COUNTY
: BLIGHT DETERMINATION APPEAL
PETITION FOR RULE TO SHOW CAUSE
WHY EQUITABLE OWNER, ERIC DESROSIERS, SHOULD NOT
BE PERMITTED TO INTERVENE IN THE APPEAL FROM THE
DECEMBER 3, 2001 DECISION OF THE VACANT PROPERTY
REINVESTMENT BOARD OF CUMBERLAND COUNTY DEEMING
THE PROPERTY IN THIS ACTION TO BE A BLIGHTED PROPERTY
AND NOW, comes equitable owner, Eric Desrosiers, by and through his
attorneys, Killian & Gephart LLP, and files this Petition To Intervene in appeal of the
December 3, 2001 decision of the Vacant Property Reinvestment Board of Cumberland
County, (hereinafter "Board"), which deemed the property of the Estate of Ross H.
Smiley to be a blighted property, and represents to this Honorable Court as follows:
1. Equitable owner, Eric Desrosiers, is the equitable owner of the property
located at 101 North Enola Road, East Pennsboro Township, Cumberland County,
Pennsylvania.
2. The Estate of Ross H. Smiley, which retains merely legal title to the
property at this point, entered into an Agreement of Sale for the estate property on
January 19, 2000. A true and correct copy of that agreement is incorporated hereby, and
attached hereto as Exhibit "A".
3. An Addendum to that Agreement of Sale was signed between Doris K.
Smiley, Administrator of the Estate of Ross H. Smiley, and Eric Desrosiers on March 8,
2000. A true and correct copy of that agreement is incorporated hereby, and attached
hereto as Exhibit "B".
4. This Agreement of Sale makes the sale contingent upon the completion of
testing and inspection as to enviromental conditions on the property.
5. Initial testing of the property indicated some potential environmental issues
which needed to be addressed.
In order to address those issues an Addendum to the Agreement of Sale was
signed.
7.
Pursuant to the Addendum, attached hereto as Exhibit "B", Seller agreed to
pay for all costs of all Phase I and Phase II environmental investigations, and to sign all
appropriate contracts to assume financial responsibility for those enviromental
investigations. (Addendum to Agreement of Sale, Exhibit "B" herein, ¶3).
8. To date, Seller has refused to sign agreements to allow the Phase II
environmental investigation to proceed, and to sign contracts to assume financial
responsibility for those investigations.
9. At the Hearing in this matter, current Administrator for the Estate of Ross
H. Smiley, represented to the Court through his attorney, Susan J. Smith, Esquire, that
Phase II testing was underway.
2
10. Equitable owner, Eric Desrosiers, has not seen any results from that Phase
II environmental testing.
11. Once those agreements are signed, and the Phase II environmental testing is
complete, the parties will be able to proceed with remediation of the site with appropriate
deductions out of the agreed upon purchase price as provided in the Addendum to the
Agreement of Sale, in paragraph 4.
12. Contrary to the assertions of the appeal in this matter, the estate
Administrator has refused to perform pursuant to the Addendum to the Agreement of
Sale.
13. An action for specific performance of the Addendum to the Agreement of
Sale is contemplated.
14. The entry of a judgment in this action, with the possibility of condemnation
of the property, has the potential to divest Purchaser of his equitable interest in this
property.
15. The Purchaser is so situated as to be adversely affected by any disposition
of this property pursuant to the East Pennsboro Township Redevelopment Ordinance
99-1.
16. Equitable owner, Eric Desrosiers, should and could have been joined as an
original party in this appeal pursuant to East Pennsboro Township Ordinance 99-1.
17. East Pennsboro Township Ordinance 99-1 provides in Section 5(b): "No
property shall be certified to the Redevelopment Authority unless the owner of the
3
property or an agent designated by him for receipt of service of notices within the County
has been served with notice of the determination that the property is blighted, together
with an appropriate order to eliminate the conditions causing the blight and notification
that failure to do so may render the property subject to condemnation under this
Ordinance. The notice shall be served upon the owner or his agent in accord with
rules and regulations established by the Board. The owner or his agent shall have
the right of appeal from the determination that the property is blighted." (Emphasis
Supplied).
18. It is black letter law that as the equitable owner of the property, Eric
Desrosiers currently has all but legal title to the property.
19. As such, equitable owner, Eric Desrosiers, was a necessary party to this
matter before the Cumberland County Vacant Property Reinvestment Board, and should
have been afforded notice and an oppommity to be heard at those proceedings.
20. Equitable owner, Eric Desrosiers, is the President of a contracting business
which does commercial rehabilitation, and is eminently qualified and ready, willing and
able to restore this property to acceptable commercial condition.
21. When Administrator of the Estate of Ross H. Smiley, Donald Smiley
complies with his obligations under the Agreement of Sale and Addendum thereto,
equitable owner, Eric Desrosiers is ready, willing and able to commence rehabilitation of
any allegedly blighted conditions on the property.
4
22. The interests of equitable owner, Eric Desrosiers, are not adequately
represented in this matter as is clear from the pleadings filed by the Estate of Ross H.
Smiley.
23. The Estate of Ross H. Smiley erroneously and unlawfully seeks to blame
equitable owner, Eric Desrosiers for its own inactivity and refusal to proceed with
conditions imposed by the Agreement of Sale and Addendum thereto.
24. A copy of the appeal which will be filed by equitable owner, Eric
Desrosiers is incorporated hereby and attached hereto as Exhibit "C".
25. Those portions of the appeal of the Estate of Ross H. Smiley which contest
the finding of blight will be adopted by reference.
WHEREFORE, for all the foregoing reasons, equitable owner, Eric Desrosiers,
respectfully requests this Honorable Court to grant him a Rule To Show Cause why his
Petition To Intervene in this matter should not be granted since he is an equitable owner
in the property and a necessary party in any action involving the property.
Respectfully submitted,
KILLIAN & GEPHART
Dated:
January 22, 2002
Paula J. McDermott, Esquire
Attorney I.D.//46664
218 pine Street
P.O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
SALES AGI~EMENT.
TI~S AGI~MENT made this. t~ day of ~a~',/, ~O00,'by ~d
WITN~SSETH:
a~ ~ foEows:
1. ~chae P~ce ~d T~s of Pa~t
p~cb~se ~ of~e r~ es~e locamd at 101 No~ Enela Ko~ E~t Pe~boro
To~sM~ ~b~d Co--W, Peuu~l~ (fomer am g~e)for
pflce ofS~ Fiv~ ~ou~ud Do~s (~8~,000.00) DoH~ m be p~d~ fo~ow~: (1)
$2,000 do~ pa~em m he h~d ~ ~ by f~e~ ~og~ Esq.% a~omey for
(2) ~e r~u~f $83,000 to be p~d ~ a~ ~;k ~ ~ pla~ on ~ bef~e
en~o~ con~fio~ on ~e prop~wMch P~ch~ ~ ~ s~e ~sc~on ~
EXHIBIT "A"
determine to be s~sfactoxy, In the event that Purchaser ~. n6t sa~fied wi~ ~e ~e~mlt of
the envLromuental ~est~ag and insgectioa5 crfthe site, Pu~haser ~h~ll
attocney in writ/rig, and neither party slmll h~ve any ~ obligation purs,,~r~ to this
Agreement.
3. Exe~u~on and De~ive~-v of DeecL
Upon the payment of ~aid purchase price, Seller will make, execute and
deliver tn Purch~m~ a good and sufficient SpecL~l Wanmnty Deed for the prope:
conveying and assuring of the said pr,,~t~e$ Lu fo: shnplc, free a~d clear f~om
encumbrances, lichs and dower, or right of dower, said conveyance to contain the usual
covcmmm of sp::txl wazranry cxc~t for recorded rcsld~nfi~l restrictions, utility
e~sement~, and any other irons ofzecord'~ th~ co:tory cmzrthousc which do not
u~re~sonably in;erfm'; w/th the Lutrmdcd use ofthz premi~s. Th~ title to said pr~mises
zh~ll be r~cord title, ~ood and marketable as aforesaid, for ~t lear i/my (60) yeah and
such as wi~ be Lu~ured by any title Ll~Urance corpora~on/n Pe~yl~ ~ re.ar ra~es.
Possession o£ saicl pr~mi~es i~ m be del/voted ~: se~¢memL
Property tsxes and all othc: itzmms involving the premi~s that a~ capable
be~T=~g a lien on the pr~mise~ on la,ur: to make paym:nt thereof ~hall
of:he day of seutem~n:. Towns~{p and county t~x~s ~!~ be prorated on a calendar year
2
h~fore made have been paid in ft~l.
T~e si~ng of ~ A~e~ by b~ ~e ~eh~ ~d Se~ ~ pl~e
~ ~ h~eof ~o ~e~ despi~ ~e ~e of e~ or bo~ p~ ~o no~ ~e o~er
9. ~ole A~t.
~ A~em~ ce~ ~e whole A~e~t be~e~n ~e p~es ~d
~ modeled
10. Lae~ qfS~et ~rc~ent No Wfi~.
~s A~e~z sh~ll not be co~ed ~ a w~v~, r~c or r~lq~q~sh~ent ~eo~ ,
~s Agency: ~ not he ~i~e~ set ever, or ~n.~q~ed by.~,
nor ~h~l ~h~er
~out ~e~ cons~t o~e Se~, w~ con~ent ~h~1 not be ~e~on~ly
4
12. Addresses.
.&Il payments, n,~ie~ ~-d doetuaent~ required by~ A~e~t s~.l! be
requ~ ot p~son~y ~ve~ed ~ o~ of~e p~es of~ A~ ~
(a) To SeH~, a~cssed ~
Ms. D~ ~ Stagey
115 East Columbia Road
Eno!a, P~ ~7025
~) To P~eh~, a~essed as fo~ows:
' ~. ~c
~pitel K~vafion ~ Supply,
New ~b~l~ PA 17070
~ent~ or ~votv~ ~ my ~y ~ nego~g ~s
aec~g upon my n~neompE~ or d~Mt ~ ~e o~er p~ ~i re~pe~ to my of ~
t~ cov~u or coni6o~ of ~ A~c~em ,h~ ~p~ ~y su~ ~h, or p~w~ or
be c~ed ~ be a wMwr
IN WITNESS wI:rI~.I~OF, the parties hereto on flae day aM year fi~st ab~
written hav~ executed this A~eement by letting their ~,~-ds and leal~ the day and year
fn~t ab(~'v~ wrltt~n.
WITNESS:
SELLER
DORIS K, SMILEY, ~or of
Tim Estate ~£Ross H. Smile~r
WITNESS
ERI~DF~KOSlERS
ADDENDUM TO SALES AGREEMENT
THIS ADDENDUM TO SALE AGREEMENT made this ~ r~day of
f~Ef~ ,2000, by SMILEY, Administrator of thc Estate of
and
between
DORIS
Ross H. Smiley, party of the first part, hereinaft~ called "Seller", and ERIC
DESRO$1ERS, party of the second paxt, hereinaRer called "Purchaser", who for good
and vainable consideration and intending to be legaUy bound hereby:
WITNESSETH
1. The parties have previously signed a sales agreement for the real estate
located at 101 North Enola Road, East Peunsbo~o Township, Cumberland County,
P~ansylvania.
2. The Phase I environmental investigation of the real estate has disclosed a
leaking underground tank which will require that a Phase II investigation be done.
3. Seller agrees to pay for the costs of all Phage I and Phase II environmental
investigations and to sign all appropriate eontraots to assume flnanoial responsibility for
those environmental investigations.
4. The parties further agrcc that whatever amounts advanced or to be
advanccd by Pu~haser over thc amount of Twelve Thousand ($12,000) Dollars for
removal of fuel taRks, contar~inatcd soil and any waste to bc done in connection with
environmental remediation, for which Purchaser will produce invoices to Seller, will be
dcducted f~om the Sixty Five Thousand ($65,000) Dollar purchase price.
EXHIBIT "B"
£0/~0'd F~C~ AC~ AI?, L~HHHq~ ~ hlHTq'q~ IF OT
5. The pailies agree that purchaser shall, at his own discretion, have the option
of terminating both this addendum and the original sales asreement signed be~veen the
parties,
6. The panics agree that all the provisions of the original sales agrcr~acnt shall
continue in full force and effect except for those provisions pertaining to lime which must
necessarily be extended due to the Phase II environmental study.
7, Settlement will take place on or before sixty (60) days from the date that the
property ~eceives clearance f~om all the appropriate governmental agencies and the
engineering consultants.
IN WITNESS WHEREOF, the parties hereto on the day and year first above
written havc executed this A~reement by setling their hands and seals the day and year
first above written.
V¢ITNESS:
SELLER:
DORIS K. SMILEy, Adminis~or of
The Estate of Ross H. Smiley
WITNESS
PURCI-L&SER:
.Pa g-6ES OSiEP. S
2
~0/£0'd FRqR R¢~ ,-',1:?, IHHHd~rl '~ t, IHI-I-tl"4 Ia:OI
IN RE: APPEAL OF ESTATE OF ROSS : IN THE COURT OF COMMON PLEAS OF
H. SMILEY FROM THE : CUMBERLAND COUNTY, PENNSYLVANIA
DETERMINATION OF BLIGHT OF THE :
VACANT PROPERTY REINVESTMENT : NO: 02-25 CIVIL TERM
BOARD OF CUMBERLAND COUNTY
: BLIGHT DETERMINATION APPEAL
NOTICE OF APPEAl.
AND NOW, comes equitable owner, Eric Desrosiers, of the property located at
101 North Enola Road, East Pennsboro Township, Cumberland County, Pennsylvania
(hereinafter "Desrosiers"), by and through his attorneys, Killian & Gephart LLP, and in
support of this Notice of Appeal avers the following:
1. By Agreement of Sale dated January 19, 2000, Desrosiers is the equitable
owner of property located at 101 North Enola Road, East Pennsboro Township,
Cumberland County, Pennsylvania.
2. An Addendum to the Agreement of Sale was signed on March 8, 2000 by
and between Doris K. Smiley, Administrator of the Estate of Ross H. Smiley, property
owner, and Eric Desrosiers for the purchase of the property.
3. Copies of the Agreement of Sale and Addendum thereto are attached to the
Petition To Intervene filed herein, and are marked as Exhibits "A" and "B".
EXHIBIT "C"
4. It is black letter law that Desrosiers as the equitable owner of the property,
has all the ownership rights pertaining to the property, save the legal title retained by the
Estate of Ross H. Smiley.
5. On September 13, 2001, the Vacant Property Reinvesmaent Board of
Cumberland County adopted blight resolution number 2003, and served this on the
Administrator of the Estate of Ross II. Smiley.
6. The Estate of Ross II. Smiley appealed the resolution on October 22, 2001.
7. A Hearing was conducted on this appeal on November 29, 2001.
8. By decision dated December 3, 2001, the Vacant Property Reinvestment
Board of Cumberland County deemed the estate property to be blighted and denied the
appeal. A copy of the decision of the Vacant Property Reinvestrnent Board of
Cumberland County is already included in the record herein.
9. Equitable owner, Eric Desrosiers, was not notified of any of these
proceedings, nor was he offered an opportunity to be a party nor to be heard at the
Hearing on November 29, 2001.
10. Equitable owner, Eric Desrosiers, learned of the determination of the
Vacant Property Reinvestment Board of Cumberland County from an article which
appeared in the Patriot News on January 15, 2002.
11. Subsequently, equitable owner's attorney was able to obtain materials
relating to this matter from Christopher C. IIouston, Esquire, attorney for the Vacant
Property Reinvestment Board of Cumberland County.
2
12. To the extent that the original appeal indicates that the property is not
blighted, and that the Board's decision was erroneous and an abuse of discretion not
supported by substantial evidence and arbitraxy and capricious, it is adopted by reference
herein.
13. Equitable owner, Eric Desrosiers, owns a contracting business which
rehabilitates large commercial properties.
14. As such, it is in both the interests of the citizens of East Pennsboro
Township, as well as equitable owner, Eric Desrosiers' interest that the Agreement of
Sale go forward so that Mr. Desrosiers can immediately rectify the allegedly blighted
conditions on the property.
15. Once the sale is consummated, Mr. Desrosiers intends to rehabilitate the
property to a reasonable commercial condition.
16. The Estate of Ross H. Smiley has refused to undertake the signing of, and
financial responsibility for the Phase II environmental testing which is required at the
property by the Department of Environmental Protection.
17. Paragraph 3 of the Addendum to the Agreement of Sale, attached to the
Petition To Intervene as Exhibit "B", clearly requires the Administrator of the estate to
arrange the Phase II environmental testing and take financial responsibility for it.
18. Once this is accomplished, legal owner and equitable owner, Eric
Desrosiers, can set about the business of completing the sale and getting the property into
a condition which will be acceptable to the Board and East Pennsboro Township.
3
19. Equitable owner, Eric Desrosiers' interests are not currently protected in
this matter, and he was not afforded notice or an oppommity to be heard in these
proceedings.
20. Equitable owner, Eric Desrosiers, has all the ownership rights to the
property except legal title by virtue of the Agreement of Sale and the Addendum thereto.
21. The appeal filed in this matter by the legal owner of the property
erroneously depicts equitable owner, Eric Desrosiers, as the obstacle to the
consummation of the sale.
22. In reality, the obstacle to the sale has been the contumacious refusal of the
Administrator of the Estate of Ross H. Smiley to cmry out his legal obligation to have the
Phase II environmental testing performed and to pay for it.
23. A complaint of specific performance will be filed in this matter to assert
equitable owner, Eric Desrosiers' rights under the Agreement of Sale and the Addendum
thereto.
24. The interest of equitable owner, Eric Desrosiers, is not already adequately
represented in this proceeding; being the interest of equitable owner is adverse to that of
legal owner as is clear fxom the Notice of Appeal.
25. There has been no undue delay in making this application for intervention,
nor will this intervention delay the rights of the parties in this matter.
26. Upon information and belief, at the present time an appeal has been filed
and the record is certified, and no further action has been taken by any party in this
matter.
WHEREFORE, equitable owner, Eric Desrosiers, respectfully requests this
Honorable Court to dismiss the blight proceeding for lack of jurisdiction, as lacking a
necessary party, the equitable owner, and in the alternative to find that the blight
determination was erroneous.
Respectfully submitted,
KILLIAN & GEPHART
Dated: January__, 2002
Paula J. McDermott, Esquire
Attorney I.D. #46664
218 pine Street
P.O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
5
CERTIFICATE OF SERVICE
On this
day of January, 2002, I hereby certify that I served the foregoing
document on the following by depositing a tree and correct copy in the United States
Mail, postage prepaid, addressed to:
Susan J. Smith, Esquire
Malatesta Hawke & McKeon LLP
Harrisburg Energy Center
100 North 10~ Street
P.O. Box 1778
Harrisburg, PA 17105
Christopher C. Houston, Esquire
Vacant Property Reinvestment Board of Cumberland County
114 North Hanover Street
Carlisle, PA 17013
KILLIAN & GEPHART
Paula J. McDermott, Esquire
Attorney I.D. #46664
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
CERTIFICATE OF SERVICE
On this 22~ day of January, 2002, I hereby cerffy that I served the foregoing
document on the following by depositing a true and correct copy in the United States
Mail, postage prepaid, addressed to:
Susan J. Smith, Esquire
Malatesta Hawke & McKeon LLP
Harrisburg Energy Center
100 North l0th Street
P.O. Box 1778
Harrisburg, PA 17105
Christopher C. Houston, Esquire
Vacant Property Reinvestmem Board of Cumberland County
114 North Hanover Street
Carlisle, PA 17013
KILLIAN & GEPHART
Paula J. h,'IcDermott, Esquire
Attorney I.D. #46664
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
KILLIAN &' GEPHART
HARRISBURG, pEN NSYLVAN~0886
IN RE: APPEAL OF ESTATE OF ROSS · 1N TIIE COURT OF COMMON PLEAS OF
H SMILEY FROM THE : CUMBERLAND COUNTY, PENNSYLVANIA
DETERMINATION OF BLIGHT OF TI~ :
VACANT PROPERTY REINVESTMENT : NO: 02-25 CIVIL TERM
BOARD OF CUMBERLAND COUNTY
: BLIGHT DETERMINATION APPEAL
RULE TO SHOW CAUSE
AND NOW, this ~day of January, 2002, upon consideration of the foregoing
Petition For Rule To Show Cause Why Equitable Owner, Eric Desrosiers, Should Not Be
Permitted To Intervene In The Appeal From the December 3, 2001 Decision of the
Vacant Property Reinvestment Board of Cumberland County Deeming the Property In
This Action To be A Blighted Property, IT IS HEREBY ORDERED AND DECREED
that a Rule To Show Cause is issued upon the p ,arfies in this action to respond to the
within Petition within ~0 days of the ~ofthis Rule.
RULE RETURNABLE: ~ days from the ~e6"of thts Rule.
By The~
Distribution:
.Suaan J. Smith, Esquire
stopher C. Houston, Esquire
02 JAN 30 AHS:~2
CUMtSERL/:,,[qD COUNTY
PENNSYLVANIA
IN RE: APPEAL OF ESTATE OF ROSS : IN THE COURT OF COMMON PLEAS OF
H. SMILEY FROM THE : CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: APPEAL OF ESTATE OF
ROSS H. SMILEY FROM THE
DETERMINATION OF BLIGHT OF
THE VACANT PROPERTY
REINVESTMENT BOARD OF
CUMBERLAND COUNTY
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02-25 CIVIL TERM
:
: BLIGHT DETERMINATION APPEAL
ANSWER OF CUMBERLAND COUNTY
VACANT PROPERTY REINVESTMENT BOARD
TO PETITION TO SHOW CAUSE WHY EQUITABLE OWNER,
ERIC DESROSIERS, SHOULD NOT BE PERMITTED TO INTERVENE
IN THE APPEAL FROM THE DECEMBER 3, 2001 DECISION OF THE
VACANT PROPERTY REINVESTMENT BOARD OF CUMBERLAND COUNTY
DEEMING THE PROPERTY IN THIS ACTION TO BE A BLIGHTED PROPERS'
AND NOW, comes the Cumberland County Vacant Property Reinvestment Board
(hereinafter the "Board"), by and through its attorney, Christopher C. Houston, Esquire,
which answers as follows:
3.
4.
5.
Denied. It is specifically denied that Eric Desrosiers is the equitable owner of the
property located at 101 North Enola Road, East Pennsboro Township, Cumberland
County, Pennsylvania.
Admitted.
Admitted.
Admitted.
After reasonable investigation, the Board is without knowledge or information
sufficient to form a belief as to the truth of the averments of Paragraph 5 and they
are, therefore, deemed to be denied.
11.
12.
13.
After reasonable investigation, the Board is without knowledge or information
sufficient to form a belief as to the truth of the averments of Paragraph 6 and they
are, therefore, deemed to be denied.
Admitted.
After reasonable investigation, the Board is without knowledge or information
sufficient to form a belief as to the truth of the averments of Paragraph 8 and they
ara, therefore, deemed to be denied.
Admitted.
After reasonable investigation, the Board is without knowledge or information
sufficient to form a belief as to the truth of the averments of Paragraph 10 and they
are, therefore, deemed to be denied.
After reasonable investigation, the Board is without knowledge or information
sufficient to form a belief as to the truth of the averments of Paragraph 11 and they
are, therefore, deemed to be denied.
After reasonable investigation, the Board is without knowledge or information
sufficient to form a belief as to the truth of the averments of Paragraph 12 and they
are, therefore, deemed to be denied.
After reasonable investigation, the Board is without knowledge or information
sufficient to form a belief as to the truth of the averments of Paragraph 13 and they
ara, therefore, deemed to be denied.
14. Denied. It is specifically denied that the purchaser has an equitable interest in the
subject property. After reasonable investigation, the Board is without knowledge or
information sufficient to form a belief as to the truth of the remaining averments of
Paragraph 14 and they are, therefore, deemed to be denied.
15. Denied. it is specifically denied that the purchaser had any equitable interest in the
property, which would be adversely affected by any disposition of the property by
the Board.
16. Denied. It is specifically denied that Eric Desrosiers is an equitable owner or that
he should have been joined as an original party in the pending Proceedings.
17. Admitted. By way of further answer the referenced Ordinance is an Ordinance of the
County of Cumberland.
18.
21.
19.
20.
Denied. It is specifically denied that Eric Desrosiers is an equitable owner of the
Property.
Denied. It is specificelly denied that Eric Desrosiers is an equitable owner and a
necessary party to these Proceedings.
After reasonable investigation, the Board is without knowledge or information
sufficient to form a belief as to the truth of the averments of Paragraph 20 and they
are, therefore, deemed to be denied.
After reasonable investigation, the Board is without knowledge or information
sufficient to form a belief as to the truth of the averments of Paragraph 21 and they
are, therefore, deemed to be denied.
22.
23.
24.
25.
After reasonable investigation, the Board is without knowledge or information
sufficient to form a belief as to the truth of the averments of Paragraph 22 and they
are, therefore, deemed to be denied
After reasonable investigation, the Board is without knowledge or information
sufficient to form a belief as to the truth of the averments of Paragraph 23 and they
are, therefore, deemed to be denied
Paragraph 24 sets forth averments to which no responsive pleading is required and,
therefore, deemed to be denied.
Paragraph 25 sets forth averments to which no responsive pleading is required and,
therefore, deemed to be denied.
26.
27.
NEW MATTER
As of September 13, 2001, the date of the adoption of the Blight Determination
Resolution No. 2001-3, equitable conversion of any ownership interest had not yet
transferred to Eric Desrosiers.
As of September 13, 2001, Eric Desrosiers was not an owner of the property and,
therefore, not a necessary party in the blight determination proceedings before the
Board.
WHEREFORE, the Cumberland County Vacant Property Reinvestment Board respectfully
requests this Honorable Court to deny the Petition for Rule to Show Cause for Permission
to Intervene.
Respectfully submitted,
~ston, Esquire
Attorney for Cumberland County
Property Reinvestment Board
114 North Hanover Street
Carlisle, PA 17013
717-249.0789
Vacant
A:~PetAnswer.wpd
I verify that the statements n 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.
VACANTPROPERTYREINVESTMENTBOARD
OFCUMBERLAND COUNTY
John Et~ I '
Chairpers"o~n
IN RE: APPEAL OF ESTATE OF ROSS : IN TI~ COURT OF COMMON PLEAS OF
H. SMILEY FROM TI-IE : CUMBERLAND COUNTY, PENNSYLVANIA
DETERMINATION OF BLIGHT OF THE :
VACANT PROPERTY REINVESTMENT : NO: 02-25 CIVIL TERM
BOARD OF CUMBERLAND COUNTY :
: BLIGHT DETERMINATION APPEAL
ANSWER TO NEW MATTER
The averments of paragraphs 1 through 25 are incorporated hereby as if set forth
fully and at length. The numbering of the New Matter is adopted hereby.
Denied. To the contrmy, Eric Desrosiers is the equitable owner of the
26.
property.
27.
Denied. To the contrary, Eric Desrosiers is the equitable owner of the
property and a necessary party in the blight determination proceeding.
Respectfully submitted,
KILLIAN & GEPHART
Dated:
Febmary22,2002
Paula J. ~/IcDermott, Esquire
Attorney I.D. g46664
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
CERTIFICATE OF SERVICE
On this 22na day of February, 2002, I hereby certify that I served the foregoing
document on the following by depositing a true and correct copy in the United States
Mail, postage prepaid, addressed to:
Susan J. Smith, Esquire
Malatesta Hawke & McKeon LLP
Harrisburg Energy Center
100 North 10~ Street
P.O. Box 1778
Harrisburg, PA 17105
Christopher C. Houston, Esquire
Vacant Propen'y Reinvestment Board of Cumberland County
114 North Hanover Street
Carlisle, PA 17013
KILLIAN & GEPHART
Paula J. IVtcDermott, Esquire
Attorney I.D. #46664
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
IN RE: APPEAL OF ESTATE OF ROSS : IN THE COURT OF COMMON PLEAS OF
H. SMILEY FROM THE : CUMBERLAND COUNTY, PENNSYLVANIA
DETERMINATION OF BLIGHT OF THE :
VACANT PROPERTY REINVESTIVIENT : NO: 02-25 CIVIL TERM
BOARD OF CUMBERLAND COUNTY
i BLIGHT DETERMINATION APPEAL
PETITIONER. ERIC DESROSW~RS' RESPONSE TO NEW MATTER
The averments of the Petition To Intervene are incorporated hereby as if set forth
fully and at length, and the numbering of the new matter is adopted.
26. Denied. To the contrapy, Petitioner, Eric Desrosiers, has an equitable
interest in the property due to the sales agreements which were signed.
27. Denied. The Phase I investigation speaks for itself, and any
characterization of it by the Estate is specifically denied.
28. Denied. After reasonable investigation, Petitioner is without information to
form a belief as to the truth or falsity of the averments of this paragraph and proof
thereof, if material, is demanded at the time of trial.
29. Denied. To the contrary, the Depax talent of Environmental Protection
ordered Petitioner to stop his work on the site. By way of further answer, the
investigation was provided to Petitioner long after the Petition To Intervene was filed, to
wit, on or about February 21, 2002.
30. Denied. The report speaks for itself, and any characterization of it by the
Estate is specifically denied.
WHEREFORE, Petitioner, Eric Desrosiers, respectfully requests that the new
matter be stricken off, and that Petitioner be permitted to intervene in this matter.
Respectfully submitted,
KILLIAN & GEPHART
Dated: February 26, 2002
Paula J. l~lcDermott, Esquire
Attorney I.D. g46664
218 Pine Slxeet
P.O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
CERTIFICATE OF SERVICE
On this 26~ day of February, 2002, I hereby certify that I served the foregoing
document on the following by depositing a tree and correct copy in the United States
Mail, postage prepaid, addressed to:
Susan J. Smith, Esquire
Malatesta Hawke & McKeon LLP
Harrisburg Energy Center
100 North l0s Street
P.O. Box 1778
Harrisburg, PA 17105
Christopher C. Houston, Esquire
Vacant Property Reinvestment Board of Cumberland County
114 North Hanover Street
Carlisle, PA 17013
KILLIAN & GEPHART
Paula J. McDermott, Esquire
Attorney I.D. #46664
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
INRE:
APPEAL OF ESTATE OF
ROSS H. SMILEY FROM THE
DETERMINATION OF
BLIGHT OF THE VACANT
PROPERTY REINVESTMENT
BOARD OF CUMBERLAND
COUNTY
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2002-0025 CIVIL TERM
ORDER OF COURT
AND NOW, this 28TM day of FEBRUARY, 2002, upon consideration of the
Petition of Eric Desrosiers to Intervene, and the Answers filed in response thereto, and it
appearing that questions of fact have been raised, it is hereby ordered and directed as
fellows:
(1.) This matter shall proceed in accordance with Pa. Rule of Civil Procedure
206.7.
(2.) Depositions shall be completed by Monday, April 15, 2002.
(3.) Petitioner shall file a brief in support of his position by Monday, April 22,
2002. Reply briefs shall be filed by Monday, April 29, 2002.
(4.) Argument shall be held in Chambers of the undersigned on Wednesday, May
1, 2002, at 8:30 a.m.
Edward E. Guido, J.
hO :6 NV I - U~'N ~0
Christopher C. Houston, Esquire
114 North Hanover Street
Carlisle, Pa. 17013
For Cumberland County Vacant Property Reinvestment Board
Paula J. McDermott, Esquire
218 Pine Street
P.O. Box 886
Harrisburg, Pa. 17108-0886
For Eric Desrosiers
Susan J. Smith, Esquire
100 North 10th Street
P.O. Box 1778
Harrisburg, Pa. 17105
For the Estate
:sld
IN RE: APPEAL OF ESTATE OF ROSS : IN THE COURT OF COMMON PLEAS OF
H. SMILEY FROM THE : CUMBERLAND COUNTY, PENNSYLVANIA
DETERMINATION OF BLIGHT OF THE :
VACANT PROPERTY REINVESTMENT : NO: 02-25 CIVIL TERM
BOARD OF CUMBERLAND COUNTY :
: BLIGHT DETERMINATION APPEAL
ORDER OF COURT
AND NOW, this ~s[' day of April, 2002, IT IS HEREBY ORDERED AND
DECREED that all proceedings presently in the above-captioned matter be continued
indefinitely pending the outcome of the real estate settlement which the parties are
planning and which will settle this matter in its entirety.
Edward E. Guido, Judge
Paula J. McDermott, Esquire
Susan J. Smith, Esquire
Christopher C. Houston, Esquire
IN RE: APPEAL OF ESTATE OF ROSS : IN THE COURT OF COMMON PLEAS OF
H. SMILEY FROM THE : CLFMBERLAND COUNTY, PENNSYLVANIA
DETERMINATION OF BLIGHT OF THE :
VACANT PROPERTY REINVESTMENT : NO: 02-25 CIVIL TERM
BOARD OF CUMBERLAND COUNTY
: BLIGHT DETERMINATION APPEAL
TO: THE HONORABLE JUDGE EDWARD E. GUIDO OF SAID COURT
MOTION FOR CONTINUANCE
AND NOW, comes Petitioner, Eric Desrosiers, by and through his attorneys,
Killian & Gephart, LLP, and respectfully represents as follows:
1. Petitioner filed a Petition To Intervene in this matter.
2. On Febmmy 28, 2002, the Honorable Edward E. Guido of this Court
established a schedule for depositions, briefing and argument.
3. On February 28, 2002, Judge Edward E. Guido issued an Order ordering
the following: 1) This matter shall proceed in accordance with Pa. Rule of Civil
Procedure 206.7; 2) Depositions shall be completed by Monday, April 15, 2002; 3)
Petitioner shall file a brief in support of his position by Monday, April 22, 2002. Reply
briefs shall be filed by Monday, April 29, 2002; 4) Argument shall be held in Chambers
of the undersigned on Wednesday, May 01, 2002, at 8:30 A.M.
4. It appears that the pmties will settle this matter and none of these
proceedings will be necessary.
5. Petitioner requests that all proceedings in this matter be postponed
indefinitely.
WIIEREFORE, Petitioner, Eric Desrosiers, respectfully requests that all
proceedings presently issued in the above-captioned matter be continued indefinitely
pending the outcome of the real estate settlement pursuant to the Order of March 18,
2002.
Respectfully submitted,
KILLIAN & GEPHART, LLP
Dated: April 29, 2002
Paula J. 19I~Dermott, Esquire
Attorney I.D. g46664
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
2
CERTIFICATE OF SERVICE
On this Z.~teOay of t~.~,~_ ,2002, I hereby certify that I served the foregoing
document on the following by depositing a true and correct copy in the United States
Mail, postage prepaid, addressed to:
Susan J. Smith, Esquire
Malatesta Hawke & MeKeon LLP
Harrisburg Energy Center
100 North Tenth Street
Harrisburg, PA 17101
Christopher C. Houston, Esquire
114 North Hanover Street
Carlisle, PA 17013
KILLIAN & GEPHART, LLP
Paula J. McDErmott, Esquire
Attorney I.D. #46664
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
XIAOQING ZHU,
Plaintiff
VS.
JIANGCHAO WANG,
Defendant
: IN THE COURT OF COMMON PLEAS
:CLl~m_glxD COUNTY, PENNSYLVANIA
:
: NO. 02-2~ CIVII, TERM
:
:
: CIVIL ACTION - DIVORCE
AFFIDAVIT OF CONSENT
21,2002.
2.
A Complaint in Divorce under §3301(c) of the Divorce Code was filed on May
The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a f'mal decree of divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom
falsification to authorities.
JIANGCHAO WANG
DEFENDANT
XIAOQING ZHU,
Plaintiff
VS.
JIANGCHAO WANG,
Defendant
: IN TIlE COURT OF COMMON PLEAS
: ~ COUNTY, PENNSYLVANIA
:
: NO. 02-2~ CIVIL TERM
_.
_.
: CIVIL ACTION - DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§3301 (c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses ifI do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to
unswom falsification to authorities.
DATED:
DEFENDANT