Loading...
HomeMy WebLinkAbout01-5017IN RE: : CONDEMNATION BY THE : REDEVELOPMENT AUTHORITY OF : THE COUNTY OF CUMBERLAND : OF THE PREMISES KNOWN AND : NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA EMMA C. WENTZEL and FRANK TOTH, Plaintiffs REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant AND NOW, this ..L~_~i~ay of July, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5017 CIVIL TERM · EMINENT DOMAIN PROCEEDINGS ORDER 2002, on consideration of a Petition of the Redevelopment Authority of the County of Cumberland for Writ of Possession and the Petition to Make Rule Absolute, it is hereby ordered that the Rule is made absolute and that a Writ of Possession shall issue for the property located at 68 East King Street, Shippensburg, Cumberland County Pennsylvania, against Emma C. Wentzel and Frank Toth, Condemnees. By the Court, IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF EMMA W. TOTH, a/k/a EMMA C. WENTZEL, and FRANK TOTH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-~ CIVIL TERM EMINENT DOMAIN PROCEEDING DECLARATION O~__FF TAK__IING_ Pursuant to the authority granted to it at 35 P.S. 1712.1 of the Urban Redevelopment Law and 26 P.S. 1-101, et seq., the Eminent Domain Code, the Redevelopment Authority of the County of Cumberland hereby declares: 1 The Condemnor is the Redevelopment Authority of the County of Cumberland, with its principal place of business being located at 114 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2 Pursuant to 35 P.S. 1712. l(a), Condemnor has the power to acquire by eminent domain any property properly certified to Condemnor as a blighted property. 3 The Cumberland County Vacant Property Reinvestment Board (hereinafter the "BOard") by Resolution dated June 8, 2000, certified the premises hereinafter described (hereinafter the "Premises ) to Condemnor as a blighted property. 4 On July 20, 2000, the Cumberland County Planning Commission did certify the Premises as a blighted property to Condemnor and did submit a recommendation to Condemnor as to the appropriate reuse of the Premises. 5 On July 12, 2000, the Borough of Shippensburg Planning Commission did certify the Premises as a blighted property to Condemnor and did submit a recommendation as to the appropriate reuse of the Premises. 6 The appropriate reuse of the Premises, as recommended by the aforesaid Planning Commissions, for residential re-use, is not inconsistent with the Comprehensive Plan of the County of Cumberland nor the Borough of Shippensburg. 7 The purpose of the COndemnation is to acquire a blighted property that has been certified as a blighted property in accordance with the provisions of 35 P.S. 1712.1, as amended, and to dispose of said property in accordance with the recommendations of the aforesaid Planning Commissions. 8 The interest in the property hereinafter described is hereby condemned in fee simple or absolute title by the Condemnor pursuant to the Urban Redevelopment Law at 35 P.S. 1712.1, as authorized by Resolution adopted by the Condemnor on the 8th day of June, 2001. A copy of the Resolution is attached as Exhibit "A." The original Resolution may be examined at the offices of the Condemnor at the above address. 9 A description of the Premises condemned sufficient for its identification attached Exhibit "B." is set forth in the 10 On the same day as this Declaration of Taking is being filed with the Prothonotary, a Notice of Filing of Declaration of Taking is being filed in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in accordance with Section 404 of the Eminent Domain Code, 26 P.S. 1-404. 11 The nature of the title acquired in and to the property is a fee simple or absolute title. 12 The Condemnor files with this Declaration of Taking an open-end bond without surety pursuant to Section 403(a) of the Eminent Domain Code, 26 P.S. 1-403(a). Just compensation is made or secured by the filing of the bond. A copy of the bond is attached as Exhibit "C." ATTEST: Secretary '~ -- REDEVELOPMENT AUTHORITy OF THE COUNTY OF CUMBERLAND ~Esquire Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 A:\68DecTkg.wpd I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unswom falsification to authorities. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBF-?RLAND Chris opher Gulo'tta- , ~'; ' Executive Director RESOLUTION AUTHORIZING THE FILING OF A DECLARATION OF TAKING AND ALL NECESSARY ACTION FOR THE ACQUISITION THEREOF OF THE PREMISES LOCATED AT 68 EAST KING STREET SHIPPENSBURG, CUMBERLAND COUNTY, PA WHEREAS, Ordinance No, 99~ 1 of the County of Cumberland created and empowered ~umberland ~~unty Vacant Pr~perty Re~nvestment ~~ard (here~nafter the ``B~ard~~) t~ tahcet with regard to blighted properties, as that term Redevelopment Law; and is defined in the Ordinance and the Urban WHEREAS, the Board had reviewed COnditions existing at 68 East King Street, Sh/PPensburg, Cumberland County, Pennsylvania, (hereinafter the "Premises',); and WHEREAS, the Board had determined that the Premises was vacant and exhibited one or more of the COnditions of a blighted property as set forth in Ordinance No. 99-1; and WHEREAS, the Board adopted a Blight that the Premises is blighted; and Determination Resolution No. 2000-6 determining WHEREAS, the property owner of the Premises, Emma W. Toth, a/k/a Emma C. Wentzel and Frank Toth (hereinafter the "Owners"), had been served with the Resolution No. 2000-6 and notified of their right to appeal the determination or provide a rehabilitation plan; and Blight Determination WHEREAS, the Owner did not file an appeal nor did they file a rehabilitation p/an; and WHEREAS, the BOard adopted a Second Resolution No. 2000-9 certifying the Premises to the Redevelopment Authority of the County of Cumberland as blighted; and WHEREAS, in accordance with the provisions of the Urban Redevelopment Law and the Rules and Regulations of the Board, Planning Commission a report on the Premises was transmitted to the of the County of Cumberland and the Planing Commission of the Borough of Shippensburg for tho · whether the property was b inh ,~s~e...c~o. mmls, slons to make their own determ nation as to re-use of the Premises; and = t...,., ~,~u [o supra t a recommendation as to the appropriate WHEREAS, on July 20, 2000, the Cumberland County Planning Commission determined that the Premises is blighted and recommended with the re-use plan be to use the Premises for residential purposes; and WHEREAS, the Borough of Shippensburg Planning Commission determined on July 12, 2000, that the Premises is a blighted property and did concur With the recommended re- use of the Premises, as aforesaid; and EXHIBIT "A" WHEREAS, the Redevelopment Authority had previously attempted to negotiate the acquisition of the Premises in lieu of COndemnation without success; and WHEREAS, in accordance with the Urban Redevelopment L Redevelopment Authority is authorized aw as nd domain proceedinns to acquire title to th ~ .... L' ._ame ed, the = · e --~,.;~es through eminent NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Authority of the County of Cumberland, in accordance with authority conferred by/aw, accepts the Premises located at 68 East King Street, ShiPpensburg,the certification of Pennsylvania, as a blighted property and does further select Cumberland County, acquisition and disposition in accordance with law the Premises, which are more fully described: and apPropriate for ALL THAT CERTAIN lot of ground with two-story stone dwelling house two-car garage thereon at the Southwest corner of King and Penn Streets, Borough a~ erected, known as No, 68 East King Street, situate Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows: On the North by King Street; on the East by Penn Street; on the South by improved lot formerly of Margaret S. Berry, now or formerly of Glenn Etter, formerly a part of this lot; and on the West by improved lot formerly of John Hosfeld Estate. no extendin nfro ~,.,.~,... _,-..' worformerlyofG Le - g nt'~,'..~r,,ng~[reetfromthePennStree~ncuarrb~oOrtgye_lSo~nega~r~ one-half (41-1/2) feet to the line of the said G. Leonard Fogelsonger property, and extending from the King Street curb Southwardly one hundred eleven (111) feet to the line which is now the Southerly side of the concrete garage wall on these premises, along which Southerly line this line abuts to a width of forty-two (42) feet. RESOLVED that the title to be acquired shall be absolute or fee simple title, inClUding all easements, dghts of way, and real property interests of whatsoever nature. RESOLVED that counsel for the Redevelopment Authority and its proper officers are hereby authorized to file a Declaration of Taking and Such other proceedings, inCluding the entry of Such bond as may be necessary or desirable, to carry out the purpose of this resolution. RESOLVED that the institution of Such proceedings, and any damages which may be agreed upon or awarded to any party in interest shall be Paid out of the funds of the Redevelopment Authority. ATTEST Date:~¢~_L_. A:\68EKing Resol.wpd EXHIBIT "B" LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with two-story stone dwelling house and two-car garage thereon erected, known as No. 68 East King Street, situate at the Southwest corner of King and Penn Streets, Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows: On the North by King Street; on the East by Penn Street; on the South by improved lot formerly of Margaret S. Berry, now or formerly of Glenn Etter, formerly a part of this lot; and on the West by improved lot formerly of John Hosfeld Estate, now or formerly of G. Leonard Foge/songer; extending in front along King Street from the Penn Street curb, forty-one and one-half (41-1/2) feet to the line of the said G. Leonard Foge/songer property, and extending from the King Street curb Southwardly one hundred eleven (111) feet to the line which is now the Southerly side of the concrete garage wall on these premises, along which Southerly line this line abuts to a width of forty-two ('42) feet. EXHIBIT "C" B___ONq KNOW ALL MEN BY THESE PRESENTS, that a De the ~.~:~ay of_.~ ~,~ rd-- ,~,,^ .... claration of Taking havino been ¢~,~,~ of Cumberland (the "Ob'l~gOr"~'bo~',,'cUo~'or~aYt me R. ede...velopmen, Authority o~'the Co~; ~ p Le ano politic and existing under the laws of the Commonwealth of Pennsylvania, being held and firmly bound unto the Commonwealth of Pennsylvania (the "Obligee") for the use and benefit of the owner or owners of the property condemned as hereinafter noted, and other proper parties in interest, for such amount of damage as the owner or owners of the property and other parties in interest shall be entitled to receive after the same shall have been agreed upon or assessed in the manner prescribed by law, by the reason of the condemnation by Obligor of certain land improvements located in the Borough of Shippensburg, Cumberland County, and described as follows: ALL THAT CERTAIN lot of ground with two-story stone dwelling house and two-car garage thereon erected, known as No. 68 East King Street, situate at the Southwest corner of King and Penn Streets, Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows: On the North by King Street; on the East by Penn Street; on the South by improved lot formerly of Margaret S. Berry, now or formerly of Glenn Etter, formerly a part of this lot; and on the West by improved lot formerly of John Hosfeld Estate, now or formerly of G. Leonard Fogelsonger; extending in front along King Street from the Penn Street curb, forty-one and one-half ('41-1/2) feet to the line of the said G. Leonard Fogelsonger property, and extending from the King Street curb Southwardly one hundred eleven (111) feet to the line which is now the Southerly side of the concrete garage wall on these premises, along which Southerly line this line abuts to a width of forty-two (42) feet. BEING the premises of Emma W. Toth, a/Ida Emma C. Wentzel, and Frank Toth, to which payment well and truly to be made, the Obligor does bind itself and its successors and assigns, firmly by these presents. WHEREAS, the Obligor has COndemned said property and it cannot agree with the owner or owners of said land and buildings upon the just compensation to be paid for the damages sustained by said owner or owners as a result of the condemnation: NOW THE CONDITION of this bond is such that if the Obligor shall pay or cause to be paid such amount of damages as the said owner or owners of the property and other parties in interest shall be entitled to receive by reason of such condemnation, after the same shall have been agreed upon or assessed in the manner provided by law, then this obligation shall be void; otherwise, to be and remain in full force and effect. SEALED with the corporate seal and duly executed this .~'¢%day of_ I/'~t4,.~ V~'"' 2001. ATTEST Secretary REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND ' J' mJeC George Chairman IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF EMMA W. TOTH, a/Ida EMMA C. WENTZEL, and FRANK TOTH · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · NO. 01- ~"~[ 9h CIVIL TERM : EMINENT DOMAIN PROCEEDING MEMORANDUM OF FILING OF NOTICE TO THEPROTHONOTARY: Notice of the above-captioned condemnation is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book (~ g O, Page 2.q~'~, , having been filed of record on the 2.~d~ay of Y~ u~'~/~ ,2001. ~~5'n,~Esquire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 Date: A:'~68Memo.wpd IN RE: CONDEMNATION BY THE : REDEVELOPMENT AUTHORITY : OF THE COUNTY OF CUMBERLAND : OF THE PREMISES KNOWN AND : NUMBERED AS 68 EAST KING : STREET, SHIPPENSBURG, : CUMBERLAND COUNTY, : PENNSYLVANIA, BEING THE : PROPERTY OF EMMA W. TOTH, : a/k/a EMMA C. WENTZEL, and : FRANK TOTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- _~'OI ~, CIVIL TERM EMINENT DOMAIN PROCEEDING AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND : Christopher C. Houston, being duly sworn according to law, deposes and says that he served a Notice of Condemnation, a trup. and correct copy which is attached hereto, by certified mail to Frank Toth, on the ~),~3~,~lay of ~ u~ 4 ~J ,-)L ,2001, as evidenced by the attached return receipt. ' ' -/ Christopher C. Houston, Esquire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 Sworn and subscri, j;).e,d to befor~ me, this/'(~ day of ~~.~, 2001. I~tary Public A:~68AffSer-,wpd · 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 mailpieca, or on the front if space permits. 1. A~ic~ Addmssecl to: ONE EAST BUILD ST .SHIPPENSBURG PA 17257 A. Received by (P~ase Print C~arly) B. Date of Delivery C. , address different fromitem 17 i-I Yes enter delivery address below: ][][No 3. S,rvice Type ;. · I~ C~med Mail [] Express Mail i--~ Rf~gistemd [] Return Receipt for Merchandise r'l Ir~Jre~i Mail [] C.O.D. 4. Restdcted Daiivery? (Ex~a Fee) }~ Yes 2. A~i¢le Number (Copy from service ~be~) 7099 3220 0009 5575 0759 PS Form 3811, July 1999 Dom~--tic R~um Receipt ~02595-00-M-0952 DIRECTOR OF REAL ESTATE DEVELOPMENT REDEVELOPMENT AUTM.ORITY OF Cb'M~ELAND COUNT~ '_: 114 N HANOVER ST CARLISLE PA 17013 IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF EMMA W. TOTH, a/k/a EMMA C. WENTZEL, and FRANK TOTH IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- -%~'O~'~- CIVIL TERM EMINENT DOMAIN PROCEEDING : NOTICE OF CONDEMNATION In accordance with Section 405 of the eminent Domain Code of 1964, 26 P.S. 1-405, the Redevelopment Authority of the County of Cumberland notifies you that: A Declaration of Taking, a copy of which is attached as Exhibit "A," was filed on the 2, ~}~'day of ~c~j~ , 2001, in the Court of Common Pleas of Cumberland County~ at the above-named term and number. Your property has been condemned by the Redevelopment Authority of the county of Cumberland pursuant to the provisions of 35 P.S. 1712.1 for blighted property removal. Identification of your property appears on Exhibit "B" on the Declaration of Taking. If you wish to challenge the power or right of the Redevelopment Authority of the County of Cumberland to appropriate the condemned property, the sufficiency of the security, the procedure followed by the Condemnor, or the Declaration of Taking, you are required to file Preliminary Objections within thirty (30) days after being served with this notice. -- Chr~n, Esquire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 A:\68NotCon.wpd IN RE~ CONDEMNATION BY THE REDEVELOPMENT AUTHORITY Of THE COUNTY OF CUMBERLAND : OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF EMMA W. TOTH, a/k/a EMMA C. WENTZEL, and : FRANK TOTH, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- ?j~)i 7 CIVIL TERM EMINENT DOMAIN PROCEEDING DECLARATION OF TAKING Pursuant to the authority granted to it at 35 P.S. 1712.1 of the Urban Redevelopment Law and 26 P.S. 1-101, et seq., the Eminent Domain Code, the Redevelopment Authority of the County of Cumberland hereby declares: 1 The Condemnor is the Redevelopment Authority of the County of Cumberland, with its principal place of business being located at 114 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2 Pursuant to 35 P.S. 1712.1(a), Condemnor has the power to acquire by eminent domain any property properly certified to Condemnor as a blighted property. 3 The Cumberland County Vacant Property Reinvestment Board (hereinafter the "Board") by Resolution dated June 8.2000, certified the premises hereinafter described (hereinafter the "Premises") to Condemnor as a blighted property. 4 On July 20, 2000, the Cumberland County Planning Commission did certify the Premises as a blighted property to Condemnor and did submit a recommendation to Condemnor as to the appropriate reuse of the Premises. 5 On July 12, 2000, the Borough of Shippensburg Planning Commission did certify the Premises as a blighted property to Condemnor and did submit a recommendation as to the appropriate reuse of the Premises. 6 The appropriate reuse of the Premises, as recommended by the aforesaid Planning Commissions, for residential re-use, is not inconsistent with the Comprehensive Plan of the County of Cumberland nor the Borough of Shippensburg. 7 The purpose of the condemnation is to acquire a blighted property that has been certified as a blighted property in accordance with the provisions of 35 P.S. 1712.1, as amended, and to dispose of said property in accordance with the recommendations of the aforesaid Planning Commissions. 8 The interest in the property hereinafter described is hereby condemned in fee simple or absolute title by the Condemnor pursuant to the Urban Redevelopment Law at 35 P.S. 1712.1, as authorized by Resolution adopted by the Condemnor on the 8~h day of June, 2001. A copy of the Resolution is attached as Exhibit "A." The original Resolution may be examined at the offices of the Condemnor at the above address. 9 A description of the Premises condemned sufficient for its identification is set forth in the attached Exhibit "B." 10 On the same day as this Declaration of Taking is being filed with the Prothonotary, a Notice of Filing of Declaration of Taking is being filed in the Office of the Recorder of Deeds in and for Cumbedan(~ County, Pennsylvania, in accordance with Section 404 of the Eminent Domain Code, 26 P.S. 1-404. 11 The nature of the title acquired in and to the property is a fee simple or absolute title. 12 The Condemner files with this Declaration of Taking an open-end bond without surety pursuant to Section 403(a) of the Eminent Domain Code, 26 P.S. 1-403(a). Just compensation is made or secured by the filing of the bond. A copy of the bond is attached as Exhibit "C." ATTEST: Secretary REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND ×?~Jimmie C. George Chairman Christopher O. Houston, Esquire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 A:\68DecTkg.wpd I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. REDEVELOPMENT AUTHORITY OF THE COUNTYOFCUMBERLAND Christopher Gulotta Executive Director RESOLUTION AUTHORIZING THE FILING OF A DECLARATION OF TAKING AND ALL NECESSARY ACTION FOR THE ACQUISITION THEREOF OF THE PREMISES LOCATED AT 68 EAST KING STREET SHIPPENSBURG, CUMBERLAND COUNTY, PA WHEREAS. Ordinance No. 99-1 of the County of Cumberland created and empowered the Cumberland County Vacant Property Reinvestment Board (hereinafter the "Board") to act with regard to blighted properties, as that term is defined in the Ordinance and the Urban Redevelopment Law; and WHEREAS. the Board had reviewed conditions existing at 88 East King Street, Shippensburg. Cumberland County, Pennsylvania, (hereinafter th_e "Premises"); and WHEREAS, the Board had determined that the Premises was vacant and exhibited one or more of the conditions of a blighted property as set forth in Ordinance No. 99-1; and WHEREAS. the Board adopted a Blight Determination Resolution No. 2000-6 determining that the Premises is blighted: and WHEREAS. the property owner of the Premises, Emma W. Toth. a/k/a Emma C. Wentzel and Frank Toth (hereinafter the "Owners"), had been served with the Blight Determination Resolution No. 2000-6 and notified of their right to appeal the determination or provide a rehabilitation plan; and WHEREAS, the Owner did not file an appeal nor did they file a rehabilitation plan; and WHEREAS, the Board adopted a Second Resolution No. 2000-9 certifying the Premises to the Redevelopment Authority of the County of Cumberland as blighted; and WHEREAS. in accordance with the provisions of the Urban Redevelopment Law and the Rules and Regulations of the Board, a report on the Premises was transmitted to the Planning Commission of the County of Cumberland and the Planing Commission of the Borough of Shippensburg for those commissions to make their own determination as to whether the property was blighted and to submit a recommendation as to the appropriate re-use of the Premises; and WHEREAS, on July 20, 2000. the Cumberland County Planning Commission determined that the Premises is blighted and recommended with the re-use plan be to use the Premises for residential purposes; and WHEREAS, the 8orough of Shippensburg Planning Commission determined on July 12, 2000. that the Premises is a blighted property and did concur with the recommended re- use of the Premises. as aforesaid; and EXHIBIT "A" WHEREAS, the Redevelopment Authority had previously attempted to negotiate the acquisition of the Premises in lieu of condemnation without success: and WHEREAS, in accordance with the Urban Redevelopment Law. as amended, the Redevelopmem Authority is authorized to acquire title to the Premises through eminent domain proceedings. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Authority of the County of Cumberland in accordance with authority conferred by law, accepts the certification of the Premises located at 88 East King Street, Shippensburg, Cumberland County, Pennsylvania. as a blighted property and does further select and appropriate for acquisition and dispositio¢, in accordance with law the Premises. which are more fully described: ALL THAT CERTAIN lot of ground with two-story stone dwelling house and two-car garage thereon erected, known as No. 68 East King Street, situate at the Southwest corner of King and Penn Streets. Borough of Shippenscurg, Cumberland County, Pennsylvania, bounded and described as follows On the North by King Street; on the East by Penn Street; on the South by reproved lot formerly of Margaret S. Berry, now or formerly of Glenn Et:er formerly a part of this lot: and on the West by improved lot formerly c' John Hosfeld Estate, now or formerly of G. Leonard Fogelsonger; extendin~c n front along King Street from the Penn Street curb. forty-one and one-half 41-1/2) feet to the line of the said G. Leonard Fogelsonger property, and extending from the King Street curb Southwardly one hundred eleven (111 ) feet to the line which is now the Southerly side of the concrete garage wa on these premises, along which Southerly line this tine abuts to a width of %rty-two (42) feet. RESOLVED that me title to be acquired shall be absolute or fee simple title, including all easements, rights of way, and real property interests of whatsoever nature. RESOLVED that counsel for the Redevelopment Authority and its proper officers are hereby authorized to file a Declaration of Taking and such other proceedings, including the entry of such =ond as may be necessary or desirable, to carry out the purpose of this resolution. RESOLVED that :ne institution of such proceedings, and any damages which may be agreed upon or -2,varded to any party in interest shall be paid out of the funds of the Redevelopment A;thority. ATTEST Sesretary EXHIBIT "B" LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with two-story stone dwelling house and two-car ga_rage thereon erected, known as No. 68 East King Street, situate at {h~ SoL~thwest corner of King and Penn Streets, Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows: On the North by King Street; on the East by Penn Street; on the South by improved lot formerly of Margaret S. Berry, now or f_ormedy of Glenn Etter, formerly a part of this lot; and on the West by improved lot formedy of John Hosfeld Estate, now or formedy of G. Leonard Fogelsonger; extending in front along King Street from the Penn Street curb, forty-one and one-half (41-1/2) feet to the line of the said G. Leonard Fogelsonger property, and extending from the King Street curb Southwardly one hundred eleven (111) feet to the line which is now the Southerly side of the concrete garage wall on these premises, along which Southerly line this line abuts to a width of forty-two (42) feet. EXHIBIT "C" BOND KNOW ALL MEN BY THESE PRESENTS, that a Declaration of Taking having been filed the Z.~layof 1~,~,'~ ,2001,bytheRedevelopmentAuthodtyoftheCounty of Cumberland (the "Ob-l~gor"), a body corporate and politic and existing under t-he laws of the Commonwealth of Pennsylvania, being held and firmly bound unto the Commonwealth of Pennsylvania (the "Obligee") for the use and benefit of the owner or owners of the property condemned as hereinafter noted, and other proper parties in interest, for such amount of damage as the owner or owners of the property and other parties in interest shall be entitled to receive after the same shall have been agreed upon or assessed in the manner prescribed by law, by the reason of the condemnation by Obligor of certain land improvements located in the Borough of Shippensburg, Cumberland County, and described as follows: ALL THAT CERTAIN lot of ground with two-story stone dwelling house and two-car garage thereon erected, known as No. 68 East King Street, situate at the Southwest corner of King and Penn Streets, Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows: On the North by King Street; on the East by Penn Street; on the South by improved lot formerly of Margaret S. Berry, now or formerly of Glenn Etter, formerly a part of this lot; and on the West by improved lot formedy of John Hosfeld Estate, now or formedy of G. Leonard Fogelsonger; extending in front along King Street from the Penn Street curb, forty-one and one-half (41-1/2) feet to the line of the said G. Leonard Fogelsonger property, and extending from the King Street curb Southwardly one hundred eleven (111 ) feet to the line which is now the Southerly side of the concrete garage wall on these premises, along which Southerly line this line abuts to a width of forty-two (42) feet. BEING the premises of Emma W. Toth, a/k/a Emma C. Wentzel, and Frank Toth, to which payment well and truly to be made, the Obligor does bind itself and its successors and assigns, firmly by these presents. WHEREAS, the Obligor has condemned said property and it cannot agree with the owner or owners of said land and buildings upon the just compensation to be paid for the damages sustained by said owner or owners as a result of the condemnation: NOW THE CONDITION of this bond is such that if the Obligor shall pay or cause to be paid such amount of damages as the said owner or owners of the property and other parties in interest shall be entitled tO receive by reason of such condemnation, after the same shall have been agreed upon or assessed in the manner provided by law, then this obligation shall be void; otherwise, to be and remain in full force and effect. SEALED with the corporate seal_and_duly executed this }~+~'day of 2001. ATTEST Secr~etary , REDEVELOPMENT AUTHORITY Of THE COUNTY OF CUMBERLAND ~J~mmie C. George ~ %/ JChairman IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF EMMA W. TOTH, a/kJa EMMA C. WENTZEL, and FRANK TOTH · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 01- ~'OI ~' CIVIL TERM · EMINENT DOMAIN PROCEEDING AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND · SS Christopher C. Houston, being duly sworn according to law, deposes and says that he served a Notice of Condemnation, a true and correct copy which is attached hereto, upon George F. Douglas, I~., Esquire, on behalf of Emma VV. Toth, a/k/a Emma C. Wentzel and who executed the attached Acceptance of Service on the .! ~'h'l:lay of ~~_._, 2001. ~:hristoph~r C. Houston, Esquire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 Sworn and subscr~d to before me, this ?~ day of~;~i~, 2001. A:~3SAffSer2.w,~d IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF EMMA W. TOTH, a/k/a EMMA C. WENTZEL, and FRANK TOTH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-5017 CIVIL TERM : : EMINENT DOMAIN PROCEEDING : ACCEPTANCE OF SERVICE I accept service of the Declaration of Taking on behalf of Emma C. Wentzel and certify that I am authorized to do. Date: C~/ George F'. Douglas, III, Esquire Douglas, Douglas & Douglas 27 West High Street Carlisle, PA 17013 IN RE; CONDEMNATION BY THE REDEVELOPMENT AUTHORITY Of THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF EMMA W. TOTH, a/k/a EMMA C. WENTZEL, and FRANK TOTH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01- 5~"O~'~- CIVIL TERM : EMINENT DOMAIN PROCEEDING NOTICE OF CONDEMNATION In accordance with Section 405 of the eminent Domain Code of 1964, 26 P.S. 1-405, the Redevelopment Authority of the County of Cumberland notifies you that: A Oe~aration of T~aking, a.copy of which is attached as Exhibit "A," was filed on the 2, ~day of ~;~"7' , 2001, in the Court of Common Pleas of Cumberland County~ at the above-named term and number. Your property has been condemned by the Redevelopment Authority of the county of Cumberland pursuant to the provisions of 35 P.S. 1712.1 for blighted property removal. Identification of your property appears on Exhibit "B" on the Declaration of Taking. If you wish to challenge the power or right of the Redevelopment Authority of the County of Cumberland to appropriate the condemned property, the sufficiencY of the security, the procedure followed by the Condemnor, or the Declaration of Taking, you are required to file Preliminary Objections within thirty (30) days after being served with this notice. - CitrOn, Esquire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 A:\68NotCon.wpd IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BEING THE PROPERTY OF EMMA W. TOTH, a/k/a EMMA C. WENTZEL, and FRANK TOTH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- '~')(7 CIVIL TERM : · EMINENT DOMAIN PROCEEDING DECLARATION OF TAKING Pursuant to the authority granted to it at 35 P.S. 1712.1 of the Urban Redevelopment Law and 26 P.S. 1-101, et seq., the Eminent Domain Code, the Redevelopment Authority of the County of Cumberland hereby declares: 1 The Condemnor is the Redevelopment Authority of the County of Cumberland, with its principal place of business being located at 114 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2 Pursuant to 35 P.S. 1712.1(a), Condemnor has the power to acquire by eminent domain any property properly certified to Condemnor as a blighted property. 3 The Cumberland County Vacant Property Reinvestment Board (hereinafter the "Board") by Resolution dated June 8, 2000, certified the premises hereinafter described (hereinafter the "Premises") to Condemnor as a blighted property. 4 On July 20, 2000, the Cumberland County Planning Commission did certify the Premises as a blighted property to Condemnor and did submit a recommendation to Condemnor as to the appropriate reuse of the Premises, 5 On July 12, 2000, the Borough of Shippensburg Planning Commission did certify the Premises as a blighted property to Condemnor and did submit a recommendation as to the appropriate reuse of the Premises. 6 The appropriate reuse of the Premises, as recommended by the aforesaid Planning Commissions, for residential re-use, is not inconsistent with the Comprehensive Plan of the County of Cumberland nor the Borough of Shippensburg. 7 The purpose of the condemnation is to acquire a blighted property that has been certified as a blighted property in accordance with the provisions of 35 P.S. 1712.1, as amended, and to dispose of said property in accordance with the recommendations of the aforesaid Planning Commissions. 8 The interest in the property hereinafter described is hereby condemned in fee simple or absolute title by the Conctemnor pursuant to the Urban Redevelopment Law at 35 P.S. 1712.1, as authorized by Resolution adopted by the Condemnor on the 8th day of June, 2001. A copy of the Resolution is attached as Exhibit "A." The original Resolution may be examined at the offices of the Condemnor at the above address. 9 A description of the Premises condemned sufficient for its identification is set forth in the attached Exhibit "B." 10 On the same da~ as this Declaration of Taking is being filed with the Prothonotary, a Notice of Filing of Declaration of TaKing is being filed in the Office of the Recorder of Deeds in and for Cumberland County; Pennsylvania, in accordance with Section 404 of the Eminent Domain Code, 26 P.S. 1-404. 11 The nature of the title acquired in and to the property is a fee simple or absolute title. 12 The Condemnor files with this Declaration of Taking an open-end bond without surety pursuant to Section 403(a) of the Eminent Domain Code, 26 P.S. 1-403(a). Just compensation is made or secured by the filing of the bond. A copy of the bond is attached as Exhibit "C." ATTEST: Secretary REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND /?'Jimmie C. George Chairman -' Christopher O. Houston, Esquire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 A:\68DecTkg.wpd I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND Christopher Gulotta Executive Director RESOLUTION AUTHORIZING THE FILING OF A DECLARATION OF TAKING AND ALL NECESSARY ACTION FOR THE ACQUISITION THEREOF OF THE PREMISES LOCATED AT 68 EAST KING STREET SHIPPENSBURG, CUMBERLAND COUNTY, PA WHEREAS, Ordnance No. 99-1 of the County of Cumberland created and empowered the Cumberland County Vacant Property Reinvestment Board (hereinafter the "Board") to act with regard to blighted properties, as that term is defined in the Ordinance and the Urban Redevelopment Law; and WHEREAS. the Board had reviewed conditions existing at 68 East King Street, Shippensburg. Cumberland County, Pennsylvania, (hereinafter th_e "Premises"); and WHEREAS, the Board had determined that the Premises was vacant and exhibited one or more of the conditions of a blighted property as set forth in Ordinance No. 99-1; and WHEREAS. the Board adopted a Blight Determination Resolution No. 2000-6 determining that the Premises is blighted: and WHEREAS, the property owner of the Premises. Emma W. Toth. a~Ja Emma C. Wentzel and Frank Toth (hereinafter the "Owners"), had been served with the Blight Determination Resolution No. 2000-6 and notified of their right to appeal the determination or provide a rehabilitation plan; and WHEREAS, the Owner did not file an appeal nor did they file a rehabilitation plan: and WHEREAS. the Board adopted a Second Resolution No. 2000-9 certifying the Premises to the Redevelopment Authority of the County of Cumberrand as blighted; and WHEREAS, in accordance with the provisions of the Urban Redevelopment Law and the Rules and Regulations of the Board, a report on the Premises was transmitted to the Planning Commission of the County of Cumberland and the Planing Commission of the Borough of Shippensburg for those commissions to make their own determination as to whether the procerty was blighted and to submit a recommendation as to the appropriate re-use of the Premises; and WHEREAS, on July 20, 2000. the Cumberland County Planning Commission determined that the Premises is blighted and recommended with the re-use plan be to use the Premises for residential purposes; and WHEREAS, the 8orough of Shippensburg Planning Commission determined on July 12, 2000. that the Premises is a blighted property and did concur with the recommended re- use of the Premises. as aforesaid; and EXHIBIT "A" WHEREAS, the Redevelopment Authority had previously attempted to negotiate the acquisition of the Premises in lieu of condemnation without success: and WHEREAS, in accordance with the Urban Redevelopment Law. as amended, the Redevelopment Authority is authorized to acquire title to the Premises through eminent domain proceedings. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Authority of the County of Cumberland. in accordance with authority conferred by law, accepts the certification of the Premises Iocated at 68 East King Street, Shippensburg, Cumberland County, Pennsylvania. as a blighted property and does further select and appropriate for acquisition and disposition in accordance with law the Premises which are more fully described: ALL THAT CERTAIN lot of ground with two-story stone dwelling house and two-car garage thereon erected, known as No. 68 East King Street, situate at the Southwest corner of King and Penn Streets. Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows: On the North by King Street; on the East by Penn Street; on the South by improved lot formerly of Margaret S. Berry, now or formerly of Glenn E,t~r. formerly a part of this lot: and on the West by improved lot formerly of John Hosfeld Estate, now or formerly of G. Leonard Fogelsonger: extending in front along King Street from the Penn Street curb. forty-one and one-half (41-1/2) feet to the line of the said G. Leonard Fogelsonger property, and extending from the King Street curb Southwardly one hundred eleven (111 ) feet to the line which is now the Southerly side of the concrete garage wall on these premises, along which Southerly line this line abuts to a width of forty-two (42) feet. RESOLVED that the title to be acquired shall be absolute or fee simple title, including all easements, rights of way, and real property interests of whatsoever nature. RESOLVED that counsel for the Redevelopment Authority and its proper officers are hereby authorized to file a Declaration of Taking and such other proceedings, including the entry of such bond as may be necessary or desirable, to carry out the purpose of this resolution. RESOLVED that ',he institution of such proceedings, and any damages which may be agreed upon or awarded to any party in interest shall be paid out of the funds of: the Redevelopment Authority. ATTEST SeCretary Date: '-~v~< ~ '"'~(~<:~/ J' 68E~ngRe$oLwpU EXHIBIT "B" LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with two-story stone dwelling house and two-car ga_rage thereon erected, known as No. 68 East King Street, situate at the Southwest corner of King and Penn Streets, Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows: On the North by King Street; on the East by Penn Street; on the South by improved lot formerly of Margaret S. Berry, now or formedy of Glenn Etter, formedy a part of this lot; and on the West by improved lot formerly; of John Hosfeld Estate, now or formedy of G. Leonard Fogelsonger; extending in front along King Street from the Penn Street curb, forty-one and one-half (41-1/2) feet to the line of the said G. Leonard Fogelsonger property, and extending from the King Street curb Southwardly one hundred eleven (111 ) feet to the line which is now the Southerly side of the concrete garage wall on these premises, along which Southerly line this line abuts to a width of forty-two (42) feet. EXHIBIT "C" BOND KNOW ALL MEN BY THESE PRESENTS, that a Declaration of Taking having been filed the Z.~'~ay of ~ (43 ~ ~a-- ,2001, by the Redevelopment A_uthodty oft_he County of Cumberland (the "Ob-~gor"), a body corporate and politic and existing under the laws of the Commonwealth of Pennsylvania, being held and firmly bound unto the Commonwealth of Pennsylvania (the "Obligee") for the use and benefit of the owner or owners of the property condemned as hereinafter noted, and other proper parties in interest, for such amount of damage as the owner or owners of the property and other parties in interest shall be entitled to receive after the same shall have been agreed upon or assessed in the manner prescribed by law, by the reason of the condemnation by Obligor of certain land improvements located in the Borough of Shippensburg, Cumberland County, and described as follows: ALL THAT CERTAIN tot of ground with two-story stone dwelling house and two-car garage thereon erected, known as No. 68 East King Street, situate at the Southwest corner of King and Penn Streets, Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows: On the North by King Street; on the East by Penn Street; on the South by improved lot formerly of Margaret S. Berry, now or formerly of Glenn Etter, formerly a part of this lot; and on the West by improved lot formedy of John Hosfeld Estate, now or formedy of G. Leonard Fogelsonger; extending in front along King Street from the Penn Street curb, forty-one and one-half (41-1/2) feet to the line of the said G. Leonard Fogelsonger property, and extending from the King Street curb Southwardly one hundred eleven (111) feet to the line which is now the Southerly side of the concrete garage wall on these premises, along which Southerly line this line abuts to a width of forty-two (42) feet. BEING the premises of Emma W. Toth, a/Ida Emma C. Wentzel, and Frank Toth, to which payment well and truly to be made, the Obligor does bind itself and its successors and assigns, firmly by these presents. WHEREAS, the Obligor has condemned said property and it cannot agree with the owner or owners of said land and buildings upon the just compensation to be paid for the damages sustained by said owner or owners as a result of the condemnation: NOW THE CONDITION of this bond is such that if the Obligor shall pay or cause to be paid such amount of damages as the said owner or owners of the property and other parties in interest shall be entitled to receive by reason of such condemnation, after the same shall have been agreed upon or assessed in the manner provided by law, then this obligation shall be void; otherwise, to be and remain in full force and effect. SEALED with the corporate seal_and duly executed this }~'~day--~'~ of'~t/-~u~ ~4.~''' 2001. ATTEST Secretary ' REDEVELOPMENT AUTHORITY OF THE COUNTY Of CUMBERLAND ' Jjmmie C. George -- ~--~.~ ~'Chairman IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA EMMA C. WENTZEL and FRANK TOTH, Plaintiffs REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 01-5017 CIVIL TERM · EMINENT DOMAIN PROCEEDINGS PETITION OF THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND FOR A WRIT OF POSSESSION The Petition of Redevelopment Authority of the County of Cumberland ("Condemnor") pursuant to Section 407(a) of the Eminent Domain Code, 26 P.S. 1-407, represents: 1 The Condemnor is the Redevelopment Authority of the County of Cumberland, whose address is 114 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2 On November 29, 2000, Condemnor filed a Declaration of Taking at the above-captioned term and number· 3 Included in the Declaration of Taking was property owned by Emma C. Wentzel and Frank Toth ("Condemnees"), located at 66 East King Street, Shippensburg, Cumberland County, Pennsylvania ("Property"). 4 No Preliminary Objections to the Declaration of Taking have been filed. 5 By Order of Court dated November 13, 2001, the Court appointed a Board of View to assess damages in the condemnation. 6 On May 16, 2002, the Board of View conducted a hearing for purposes of taking testimony on the issue of the just compensation to be paid to Condemnees. 7 Condemnor submitted testimony from a certified real estate appraiser at the proceedings before the Board of View that the fair market value of the Property as of the date of taking was $67,500. 8 Condemnor is entitled to possession of the Property upon payment to the Condemnees or into the Court of the estimated just compensation. 9 Condemnor desires to pay the amount of estimated just compensation into Court. 10 George F. Douglas, III, Esquire, attorney for Condemnee, Emma C. Wentzel, does not oppose the filing of this Petition. WHEREFORE, Condemnor, Redevelopment Authority of the County of Cumberland, requests that this Court grant a Rule upon Emma C. Wentzel and Frank Toth to show cause why a Writ of Possession shall not issue upon payment into Court of the estimated just compensation of $67,500. ed, Christophe~C. Houston, Esquire Attorney for Defendant/Condemnor 114 North Hanover Street Carlisle, PA 17013 717-249-0789 A:\WritPossPet.wpd I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND Executive Director IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA EMMA C. WENTZEL and FRANK TOTH, Plaintiffs REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5017 CIVIL TERM EMINENT DOMAIN PROCEEDINGS AND NOW, this __~ day of ~~_~_~_~_~_~_~~, 2002, on consideration of the Petition of Redevelopment Authority of the County of Cumberland, a Rule is granted upon Emma C. Wentzel and Frank Toth to show cause why a Writ of Possession should not issue upon payment into Court by the Condemnor of the sum of $67,500. Pursuant to 26 P.S. 1- 407(a), this Rule is returnable'~,~ days after service upon Condemnee. By the Court, IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA EMMA C. WENTZEL and FRANK TOTH, Plaintiffs V REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 01-5017 CIVIL TERM · EMINENT DOMAIN PROCEEDINGS PETITION TO MAKE RULE ABSOLUTF The Petitioner, Redevelopment Authority of the County of Cumberland ("Condemnor"), represents: 1 Upon a Petition of the Redevelopment Authority of the County of Cumberland for a Writ of Possession, a Rule was issued on June 7, 2002, to show cause why a Writ of Possession should not issue with said Rule to be returnable twenty (20) days after service upon Condemnees. 2 Attached hereto and marked as Exhibit "A" is an Affidavit of Service of said Rule upon Condemnees. 3 No answer has been filed to Condemnor's Petition and said Rule is now returnable. WHEREFORE, Condemnor, Redevelopment Authority of the County of Cumberland, requests that this Honorable Court make the Rule absolute and issue a Writ of Possession for the property located at 68 East King Street, Shippensburg, Cumberland County, Pennsylvania, in favor of Condemnor. mitted, Christopher C. Houston, Esquire Attorney for Petitioner/Condemnor 114 North Hanover Street Carlisle, PA 17013 717-249-0789 A:\RulePet.wpd I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND Christ~)pher Gulotta Executive Director IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA EMMA C. WENTZEL and FRANK TOTH, Plaintiffs · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 01-5017 CIVIL TERM · EMINENT DOMAIN PROCEEDINGS V REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant AFFIDAVIT OF SERVlCF I, Christopher C. Houston, Esquire, do hereby certify that I served the Rule with accompanying Petition of the Redevelopment Authority of the County of Cumberland for Writ of Possession by first class, postage prepaid, on June 10, 2002, on the following: George F. Douglas, III, Esquire Douglas Law Office 27 West High Street Carlisle, PA 17013 Attorney for Emma C. Wentzel and by certified mail, postage prepaid, with service being made on or about June 13, 2002, on the following: Frank Toth One East Burd Street Shippensburg, PA 17257 EXHIBIT "A" Christopher C. Houston, Esquire Attorney for Petitioner/Condemnor 114 North Hanover Street Carlisle, PA 17013 717-249-0789 · cemptete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is de~irecl. · 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. Article Addressed to: 2. Article Number (Transfer from service/abe/) 'Printed Name) C. Date of Delivery D. ts de~ivery address diffef~3t from item l? r-lYes If YES, enter delivery address below: [] No 3. Service Type [~Certified Mail [] Exorass Mail i--I Registered ~ Return Receipt for Memhandise [] Insured Mail Y"I C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes / Addressee PS Form 3811, August 2001 Domestic Return Receipt 102595-01 -M-038' IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 01-5017 CIVIL TERM · EMINENT DOMAIN PROCEEDINGS EMMA C. WENTZEL and FRANK TOTH, Plaintiffs REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, ' Defendant CERTIFICATE OF SERVICF i, Christopher C. Houston, Esquire, do hereby certify that on this date I served the foregoing Petition with proposed Order by first class mail, postage prepaid, upon the following: Date: George F. Douglas, III, Esquire Douglas Law Office 27 West High Street Carlisle, PA 17013 Attorney for Emma C. Wentzel Frank Toth One East Burd Street Shippensburg, PA 17257 ~, Esquire Attorney for Petitioner/Condemnor 114 North Hanover Street Carlisle, PA 17013 IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA EMMA C. WENTZEL and FRANK TOTH, Plaintiffs · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 01-5017 CIVIL TERM · EMINENT DOMAIN PROCEEDINGS REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant TO THE PROTHONOTARY: Issue a Writ of Possession in the above matter to the Redevelopment Authority of the County of Cumberland for the property located at 68 East King Street, Shippensburg, Cumberland County, Pennsylvania. ~n, Esquire Attorney for Defendant 114 North Hanover Street Carlisle, PA 17013 717-249-0789 Date: REDEVELOPMENT AUTHORITY · nou~m~ ~,-~, .. . n_ L.A ~ollitv ~p~vements · · E~no~c Development ' MEMO DATE: July 31, 2002 TO: Cumberland County Sheriff's Department FROM: Christopher C. Houston, Esquire ~ RE: No. 01-5017 Civil Term Writ of Possession 68 E. King Street, Shippensburg, PA With respect to service of the Writ of Possession for the property at 68 E. King Street, Shippensburg, PA. This is a vacant and uninhabited property. Please serve the Writ of Possession upon the property owners, as follows: Frank Toth One East Burd Street Shippensburg, PA Emma C. Wentzel 242 W. Pomfret Street Carlisle, PA Once service has been accomplished upon the owners, please have the deputy contact me at 249-0789 for purposes of arranging a meeting at the property at 68 E. King St. for purposes of obtaining possession. SERVING CUMBERLAND COUNTY SINCE 1975 114 N. HANOVER ST. - STE. 104 · CARLISLE PA 17013-2445 (717) 249-0789 -(717) 697-7703 · (717) 532-8805 · lq~x(717) 249-4071 · E-mail: admln@cchra-c°m WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) Re~tevelopment Authority of the IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA County of Cumberland VS. F~ Ibth, One ~ ~ Street, .chi.~ri~ PA ~ C. Wentzel, 242 W. Ponfret $qlBet, ~=n~l ~1~ FD No. No. 2001-5017 Civil Term Costs Att'y.__ PI'fi(s) Prothy._ $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland _County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described properly to: Redevelopment Authority of the County of Cumberland being: (Premises as follows): Plaintiff (s) 68 East King Street, Shippensburg, Cumberland County Pennsylvania (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Date July 31, 2002 (SEAL) ~g, _Prothonotary__ Pr°~h°n°F~r-~°mm°n Pleas Co~l C/umbeland County, Peansylvania Deputy By virtue of this writ, on the 30th day of_ August ,_2002 i causedthewithinnamed_Redevelopment Authority of the County of Cumberland have possession of the premises described q(~Xl~k~¢~a~RcifgX~Iffi 68 East King , tO ~j~e_et~ Shi~burg~ PA Sheriff's Costs Dock~ Surcharge Poundage Prothon~ Advance Costs: 150.00 18.00 Sheriff's CostS: 98.53 bl.4/ 20.00 1.93 Refunded to Atty on 8/30/02 1.00 30.00 27.60 98~-53 Posession Milage Sworn and~ub~crib~d to before me this day of ~ IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA EMMA C. WENTZEL and FRANK TOTH, Plaintiffs V REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 01-5017 CIVIL TERM · EMINENT DOMAIN PROCEEDINGS PETITION OF REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND TO DISTRIBUTE DAMAGES PURSUANT TO SECTION 521 OF THE EMINENT DOMAIN CODE The Petitioner, Redevelopment Authority of the County of Cumberland ("Condemnor"), represents: 1 The Condemnor is the Redevelopment Authority of the County of Cumberland, whose address is 114 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2 On August 28, 2001, Condemnor filed a Declaration of Taking at the above-captioned term and number. 3 Included in the Declaration of Taking was property owned Iby Emma C. Wentzel and Frank Toth ("Condemnees"), located at 68 East King Street, Shippensburg, Cumberland County, Pennsylvania ("Property"). 4 No Preliminary Objections to the Declaration of Taking were filed. 5 By Order of Court dated November 13, 2001, the Court appointed a Board of View to assess damages in the condemnation. 6 On May 16, 2002, the Board of View conducted a hearing for purposes of taking testimony on the issue of the just compensation to be paid to Condemnees. 7 Condemnor submitted testimony at the proceedings before the Board of View that the fair market value of the property as of the date of taking was $67,500. 8 On June 7, 2002, in consideration of a Petition of Condernnor for a Writ of Possession, a Rule was issued upon Condemnees to show cause why a Writ of Possession should not issue upon payment into Court by the Condemnor of the sum of $67,500. 9 On July 16, 2002, the previously-issued Rule was made absolute and a Writ of Possession was ordered to be issued upon payment in to Court of the estimated just compensation of $67,500. 10 On July 30, 2002, the Report of Viewers was filed with 1:he Court which concluded that Condemnees were to be awarded damages totaling :$67,500 plus accrued interest calculated through August 2, 2002, of $1,872.52, for a total sum due of $69,372.52. 11 Condemnor did pay in to the Court on August 2, 2002, the sum of $69,372.52. 12 No appeal to the Report of Viewers was filed by Condemnees. 13 The Condemnee, Emma C. Wentzel, has been represented in these proceedings by George F. Douglas, III, Esquire, and Condemnee, Frank Toth, has been acting pro se. 14 Emma C. Wentzel and Frank Toth, although married, have been living separate and apart for many years. 15 Condemnor had understood that Frank Toth did not wish to receive any of the damage award for the property and, accordingly, had suggested that a written Agreement be entered into between the Condemnees to be filed along with the Petition for Distribution of Award, subject to any liens or claims existing as of the date of the filing of the Declaration of Taking. Attached hereto and marked as Exhibit A is a copy of Condemnor's correspondence regarding the proposed distribution. 16 No Agreement has been submitted to Condemnor with respect to the proposed distribution plan submitted by Condemnor. 17 With no appeal having been taken from the Board of Viewers award by any of the parties, the award has become final. 18 Condemnor has, at all times, been ready and willing to pay the proceeds of the award to the proper parties in interest pursuant to the proposed distribution plan as set forth herein. 19 By reason of the Condemnees not being in a position to submit an Agreement setting forth the distribution of the award between the Condemnees, Condemnor desires to distribute the award made by the Board of Viewers for the reasons that the award is now final and there is no dispute as to the total amount of the award involved. 20 Pursuant to 26 P.S. 1-521, Condemnor has made a diligent search for liens for all taxes and municipal claims assessed against the Property and all mortgages, judgments, and other liens of record for which the particular damages are payable, existing at the date of the filing of the Declaration of Taking and has determined that the following liens did exist: A. Borough of Shippensburg v Emma W. Toth and Frank Toth, her Husband - 89 MLD 29278 filed on December 11, 1989,, in the amount of $84.94; and B. Borough of Shippensburg v Emma Wentz. el, aka Emma Toth, 92 MLD 31435 filed on September 25, 1992, in the amount of $568.30; 21 Condemnor proposes the following schedule of distribution: A. Borough of Shippensburg in satisfaction of the municipal lien filed at 89 MLD 29278 in the amount of $84.94, which amount the Borough of Shippensburg is willing to accept in full satisfaction; B. Borough of Shippensburg in satisfaction of the municipal lien filed at 92 MLD 31435 in the amount of $568.30, which amount the Borough of Shippensburg is willing to accept in full satisfaction; C. To Emma C. Wentzel and Frank Toth - $ 68,719.28. WHEREFORE, Condemnor requests that this Court grant a Rule on Condemnees and the Borough of Shippensburg to show cause why Condemnor should not distribute the sum of $69,372.52, being the amount awarded by the Board of Viewers pursuant to the report filed on July 30, 2002, from which no appeal has been taken, for damages in connection with the taking of property located at 68 East King Street, Shippensburg, Cumberland County, Pennsylvania pursuant to the schedule of distribution as set forth herein. Condemnor further requests that Condemnees and the Borough of Shippensburg be further directed to show cause, why, upon Praecipe filed with the Prothonotary by Condemnor that upon such distribution having been made, the Prothonotary should not be directed to mark the Board of View award for the Property satisfied of record. Iouston, £squire Attorney for Condemnor 114 North Hanover Street Carlisle, PA 17013 717-249-0789 F:\HOUSTON\68EKing Pefition.wpd I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. REDEVELOPME-'NT AUTHORITY OF THE COUNTY OF CUMBERLAND Executive Director REDEVELOPMENT AUTHORITY * Housing Development · Housing Rehabilitation · · Housing Manage]nent · Homeownership Programs · · Downtown Revitalization · Public Facility Improvements · · Economic Development · August1,2002 George F. Douglas, III, Esquire Douglas, Douglas & Douglas 27 West High Street Carlisle, PA 17013 Mr. Frank Toth One East Burd Street Shippensburg, PA 17257 RE: 68 East King Street, Shippensburg Dear George and Mr. Toth: Please be advised that we have paid into Court the sum of $69,372.52, which is the amount recommended by the Board of Viewers to be paid to Condemnees, Ms. Wentzel and Mr. Toth. If no appeal is taken to the Report of the Board of Viewers, the next step would be for us to submit a Petition with the Court to distribute the funds deposited in Court in accordance with a proposed Schedule of Distribution. We had understood that Mr. Toth did not wish to receive any payment for the property. We ,would suggest that if that is the case, that Ms. Wentzel and Mr. Toth should enter into an Agreement to that effect, which would be filed with the Court. Assuming such an Agreement would be submitted, our proposed Schedule of Distribution would be to make payment in full to Ms. Wentzel, assuming that there are no liens or claims existing as of the date of the filing of the Declaration of Taking, which would have a priority position regarding the payment of the proposed distribution. If no such Agreement is submitted to the Court, then our proposed Schedule of Distribution would provide for a payment of one-half of the sum due and owing to each of the Condemnees. Again, assuming that no appeal is filed, we would intend on promptly filing a Petition with the Court for distribution. Accordingly, if an Agreement would be worked out between Ms. Wentzel and Mr. Toth, we would ask that that be done in the near future. Very truly yours, kb cc: Christopher Gulotta F:\HOUSTON\IAUG1 .WPD Christopher C. Houston, Esquire Director of Real Estate Development EXHIBIT "A" SERVING CUMBERLAND COUNTY SINCE 1975 114 N. HANOVER ST. - STE. 104 · CARLISLE PA 17013-2445 IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-5017 CIVIL TERM : EMINENT DOMAIN PROCEEDINGS EMMA C. WENTZEL and FRANK TOTH, Plaintiffs V REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant CERTIFICATE OF SERVICE I, Christopher C. Houston, Esquire, do hereby certify that on this date I served the foregoing Petition with the proposed Rule by first class mail, postage prepaid, upon the following: George F. Douglas, III, Esquire Attorney for Emma C. Wentzel Douglas, Douglas & Douglas 27 West High Street Carlisle, PA 17013 Frank Toth One East Burd Street Shippensburg, PA 17257 Emma C. Wentzel 242 West Pomfret Street Carlisle, PA 17013 Borough of Shippensburg P. O. Box 129 Shippensburg, PA 17257 ~lo~uston, Esquire Attorney for PetitionedCondemnor 114 North Hanover Street Carlisle, PA 17013 717-249-0789 Date: "~C(- ! "~f ~(~ % IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA EMMA C. WENTZEL and FRANK TOTH, Plaintiffs V REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 01-5017 CIVIL TERM · EMINENT DOMAIN PROCEEDINGS AND NOW, this y of ,20 n consideration of the Petition of Redevelopment Authority of the County of Cumberland to Distribute Damages Pursuant to Section 521 of the Eminent Domain Code, a Rule is granted upon Emma C. Wentzel and Frank Toth and the Borough of Shippensburg, to show cause why the award of the Board of Viewers filed July 30, 2002, regarding the condemnation of property located at 68 East King Street, Shippensburg, Cumberland County, Pennsylvania, in the amount of $69,372.52 should not be paid and distributed with said distribution being payable as follows: 1. Borough of Shippensburg - $ 653.24; and 1. Borough of Shippensburg - $ 653.24; and 2. Emma C. Wentzel and Frank Toth - $ 68,719.28. And why, upon Praecipe filed, that the Prothonotary should not be directed to make said distribution of the award and to mark the award made by the Board of Viewers for this Property satisfied of record. Rule returnable twenty (20) days after service. By the Court, IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA EMMA C. WENTZEL and FRANK TOTH, Plaintiffs v REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant : IN THE COURT' OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. 01-5017 CIVIL TERM : EMINENT DOMAIN PROCEEDINGS PETITION TO MAKE RULE ABSOLUTE The Petitioner, Redevelopment Authority of the County of Cumberland ("Condemnor"), represents: 1 Upon a Petition of Redevelopment Authority of the County of Cumberland to Distribute Damages Pursuant to Section 521 of the Eminent Domain Code, a Rule was issued on December 20, 2002, to show cause why the award of the IE~oard of Viewers filed July 30, 2002, regarding the condemnation of property located at 68 East King Street, Shippensburg, Cumberland County, Pennsylvania, in the amount of $69,372.52 should not be paid and distributed, with said distribution being payablle as follows: A. Borough of Shippensburg - $653.24; and B. Emma C. Wentzel and Frank Toth - $68,719.28. And why, upon Praecipe filed, the Prothonotary should not be directed to make said distribution of the award and to make the award made by the Board of Viewers for this property satisfied of record, with said Rule returnable twenty (20) days after service. 2 Attached hereto and marked as Exhibit "A" is an Affidavit of Service of said Rule. 3 No Answer has been filed to Condemnor's Petition and said Rule is now returnable. WHEREFORE, Condemnor, Redevelopment Authority of the County of Cumberland, requests that this Honorable Court make the Rule absolute and further direct that upon Praecipe filed by Condemnor, that the Prothonotary be directed to make said distribution of the award and to mark the award made by the Board of Viewers for this property satisfied of record. iitted' Christopher C. Houston, Esquire Attorney for PetitionedCondemnor 114 North Hanow.~r Street Carlisle, PA 1701:3 717-249-0789 F:\HOUSTON\68EKing Pet.wpd I verify that the statements in the foregoing pleading are tn. Je and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unswom falsification to authorities. REDEVELOPMFNT AUTHORITY OF THE COUNTY OF CUMBERLAND Executive Director IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA EMMA C. WENTZEL and FRANK TOTH, Plaintiffs · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 01-5017 CIVIL TERM · EMINENT DOMAIN PROCEEDINGS V REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant AFFIDAVIT OF SERVlCF I, Christopher C. Houston, Esquire, do hereby certify' that I served the Rule with accompanying Petition of the Redevelopment Authority of the County of Cumberland to distribute damages pursuant to Section 521 of the Eminent Domain Code by first class mail, postage prepaid, on January 2, 2003, on the following: George F. Douglas, III, Esquire Douglas Law Office 27 West High Street Carlisle, PA 17013 Attorney for Emma C. Wentzel Borough of Shippensburg P. O. Box 129 Shippensburg, PA 17257 EXHIBIT "A" And by certified mail, postage prepaid, with service being made on or about January 4, 2003, on the following: Date: Frank Toth One East Burd Street Shippensburg, PA 17257 Christopher C. Houston, Esquire Attorney for Petitioner/Condemnor 114 North Hanover Street Carlisle, PA 17013 717-249-0789 IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 01-5017 CIVIL TERM · EMINENT DOMAIN PROCEEDINGS EMMA C. WENTZEL and FRANK TOTH, Plaintiffs V REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, · Defendant · CERTIFICATE OF SERVICE_ I, Christopher C. Houston, Esquire, do hereby certify that on this date I served the foregoing Petition with proposed Order by first class mail, postage prepaid, upon the following: George F. Douglas, III, Esquire Douglas Law Office 27 West High Street Carlisle, PA 17013 Attorney for Emma C. Wentzel Frank Toth One East Burd Street Shippensburg, PA 17257 Emma C. Wentzel 242 WeSt Pomfret Street Carlisle; PA 17013 Borough of Shippensburg P. O. Box 129 Shippensburg, PA 17257 Christopher C. Houston, Esquire Attorney for Petitioner/Condemnor 114 North Hanover Street Carlisle, PA 17013 717-249-0789 IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA EMMA C. WENTZEL and FRANK TOTH, Plaintiffs · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 01-5017 CIVIL TERM · EMINENT DOMAIN PROCEEDINGS V REDEVELOPMENT AUTHORITY · OF THE COUNTY OF CUMBERLAND, · Defendant · ~ ORDER AND NOW, this 5t day of __~_, 2003, on consideration of a Petition of the Redevelopment Authority of the County of Cumberland to Distribute Damages Pursuant to Section 521 of the Eminent Domain Code and the Petition to Make Rule Absolute, it is hereby ordered that the Rule is made absolute and that, upon Praecipe of the Condemnor, the Prothonotary is directed to make distribution of the sum of $69,372.52 previously paid into the Court by Condemnor, as follows: 1. Borough of Shippensburg - $653.24; and 2. Emma C. Wentzel and Frank Toth - $68,719.28. It is further ordered and directed that the Prothonotary rnark the award by the Board of Viewers for this property satisfied of record. By the Court, IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, EMMA C. WENTZEL and FRANK TOTH, Plaintiffs · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 01-5017 CIVIL TERM · EMINENT DOMAIN PROCEEDINGS V REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant PRAECIPE TO THE PROTHONOTARY: Pursuant to Court Order of January 31, 2003, please make distribution of the sum of $69,372.52 previously paid into the Court by the Redewglopment Authority of the County of Cumberland, Condemnor, as follows: 1. Borough of Shippensburg - $653.24; and 2. Emma C. Wentzel and Frank Toth - $68,719.28. Please also mark the award by the Board of Viewers for this property satisfied of record. ~~Esquire Attorney for Condemnor Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-078(,;) F:\HOUSTON\68EKingPraecipe.wpd Date: IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AND NUMBERED AS 68 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PEN NSYLVAN IA EMMA C. WENTZEL and FRANK TOTH, Plaintiffs · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 01-5017 CIVIL TERM · EMINENT DOMAIN PROCEEDINGS V REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, Defendant  ORDER AND NOW, this 5L day of __~., 2003, on consideration of a Petition of the Redevelopment Authority of the County of Cumberland to Distribute Damages Pursuant to Section 521'°f the Eminent Domain ,Code and the Petition to Make Rule Absolute, it is hereby ordered that the Rule is made absolute and that, upon Praecipe of the Condemnor, the Prothonotary is directed to make distribution of the sum of $69,372.52 previously paid into the Court by Condemnor, as follows: 1. Borough of Shippensburg - $653.24; and 2. Emma C. Wentzel and Frank Toth - $68,719.28. It is further ordered and directed that the Prothonotary mark the award by the Board of Viewers for this property satisfied of record. By the Court, m:3:: ,.,nm o --Z~o rll o ~ RECEIPT FOR PAYMENT Cumberlan~ Cgunty Prothonotary's Office Carlisle, Pa 17013 Receipt Date Receipt Time Receipt No. 13: 53 134422 IN RE CONDEMNATION BY CCRDA (VS) Case Number 2001-05017 Receipt total. = .00 TRNS ESC OUT -- Distribution Of Payment ............................ Transaction Description Payment Amount BOND 69,372.52- REFUND 653.24 REFUND 68,719.28 RECEIPT FOR PAYMENT Cumberland County Prothonotary's Office Carlisle, Pa 17013 IN RE CONDEMNATION BY CCRDA (VS) Case Number 2001-05017 Receipt Date Receipt Time Receipt No. 2/o7/2oo3 13:54:53 134422 Receipt total. = Transaction Description BOND REFUND REFUND .00 TRNS ESC OUT Distribution Of Payment ............................ Payment Amount 69,372.52- 653.24 68,719.28 14142802072003 Cumberland County Prothonotary's Office Pa~e 1 PYS405 Manual Release Check Regl~ster 2/07/2003 Escrow Tran Date Distribution Case No Accounting Amount Date Release REFUND 2001- 05017 TRNS ESC IN 68719.28 2/07/2003 Payee total: 68719.28 REFUND 2001- 05017 TRNS ESC IN 653.24 2/07/2003 Payee total: 653.24 Grand total: 69,372.52