HomeMy WebLinkAbout94-03137
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SNELDAKER
a
BRENNEMAN
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IN REI CONDEMNATION EASEMENT
AND RIGHT-OF-WAY WITHIN LANDS
OF DONALD E. AND RUTH E.
FAILOR IN SILVER SPRING
TOWNSHIP, CUMBERLAND COUNTY,
PENNSYLVANIA, BY THE TOWNSHIP
OF SILVER SPRING FOR 1'HE
CONSTRUCTION, INSTALLATION,
USE, OPERATION, REPAIR,
MAINTENANCE, RENEWAL AND
REPLACEMENT OF A PUBLIC ROAD
OR STREET
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-3t37 CIVIL TERM
IN REM (EMINENT DOMAIN)
DONALD E. FAILOR and RUTH E.
FAILOR,
Plaintiffs,
vs.
TOWNSHIP OF SILVER SPRING,
Defendant
ORDER OF COURT
AND NOW, this Ilf j II day of Maroh, 1995, upon
oonsidsration of the within Petition and on motion of Richard C.
SnelbakLr, Esquire, attorney for the Petitioner/Defendant/
Condemnor, the Court hereby appoints: . VI I;" II)) L ,~It JIII/IY
Chairman, /)"",'!,/ \. I. , and .'../1.1/,/ /;, 1,1f(( (
as Viewers to determine and assess damages to which the
Petitioner/Defendant/Condemnor is entitled and further orders
that the Board of View perform its duties in accordance with law
and Acts of Assembly in such case made and provided.
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By the Court, \ (/" J
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SNEI DAHA
.
PAtfiNEMAN
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IN REI CONDEMNA'.'ION EASEMENT
AND RIGHT-OF-WAY WITHIN LANDS
OF DONALD E. AND RUTH E.
FAILOR IN SILVER SPRING
TOWNSIHP, CUMBERLAND COUNTY,
PENNSYLVANIA, BY THE TOWNSHIP
OF SILVER SPRING FOR TilE
CONSTRUCTION, INSTALLATION,
USE, OPERATION, REPAIR,
MAINTENANCE, RENEWAL AND
REPLACEMENT OF A PUBLIC ROAD
OR STREET
DONALD E. FAILOR and RUTH E.
FAILOR,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-3137 CIVIL TERM
IN REM (EMINENT DOMAIN)
PIa intiffs,
vs.
TOWNSHIP OF SILVER SPRING,
Defendant
PETITION FOR APPOINTMENT OF VIEWERS
TO TilE HONORABLE, THE JUDGES OF SAID COURT I
AND NOW, comes the Defendant-Condemnor, TOWNSHIP OF SILVER
SPRING, by its Attorneys, SNELBAKER & BRENNEMAN, P.C., and
respectfully represents as followSl
1. The Petitioner and Defendant herein is TOWNSHIP OF
SILVER SPRING, a municipal township of the second-class, having
its principal office at 6475 Carlisle Pike, Mechanicsburg, PA
17055.
2. The Respondents and Plaintiffs herein are DONALD E.
FAlLon and HU'I'II E. I'AILOH, husband and wife, adult individ\\als,
whose last known residential address is 298 nidge lIill Road,
Mechanicsburg, PA 17055.
3. Your Petitioner/Defendant is the condemnor in the above
captioned action originating with the filing of a Declaration of
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Pf1ENNEMAN
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Taking on June 10, 1994.
4. Preliminary objections previously riled were withdrawn
and none are now pending.
5. Donald E. Failor and Ruth E. Failor, further identified
in paragraph 2 hereinabove, are the sole condemnees, being the
sole owners of the subject property at the time of the taking.
There are no other known interestAd parties.
6. The description of the real estate taken by eminent
domain is a tract of 19,853 square feet of land situated in
silver spring Township, Cumberland County, Pennsylvania, more
particularly bounded and described in accordance with a certain
condemnation Plan attached hereto marked "Exhibit A" and
incorpor~ted herein by reference thereto.
7. The interest condemned in the above described real
estate is an easement and right-of-way for public road or street
purposes.
8. The parties have been unable to agree upon the just
compensation for said property.
WHEREFORE, PetitionerlDefendant hereby requests your
Honorable Court to appoint viewers to ascertain just compensation
pursuant to section 502 of the Pennsylvania Eminent Domain Code.
, P.C.
By
card C. Snelbaker
sup. ct. 1.0. 106355
44 West Main street
Mechanicsburg, PA 17055-0318
Attorneys for Petitioner/
Defendant/Contiemnor
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LAW OVrlcrs
SNEl..l1At\ER
.
aREW~EM^N
IN REI CONDEMNATION EASEMENT
AND RIGHT-Or-WAY WITHIN LANDS
OF DONALD E. AND RUTH E.
FAILOR IN SILVER SPRING
TOWNSHIP, CUMBERLAND COUNTY,
PENNSYLVANIA, BY THE TOWNSHIP
OF SILVER SPRING FOR THE
CONSTRUCTION, INSTALLATION,
USE, OPERATION, REPAIR,
MAINTENANCE, RENEWAL AND
REPLACEMENT OF A PUBLIC ROAD
OR STREET
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-3137 CIVIL TERM
IN REM (EMINENT DOMAIN)
CONDEMNOR'S BRIEF IN SUPPORT OF MOTION
TO OUASH PRELIMINARY OBJECTIONS
TO THE HONORABLE EDGAR B. BAYLEY I
I. FACTUAL AND PROCEDURAL BACKGROUND
The TownShip of Silver spring, Condemnor herein, filed a
Declaration of Taking with the Prothonotary on June 10, 1994
pursuant to the Eminent Domain Code, 26 P.S. 51-101 gt ~.
Condemnor gave written Notice to Condemnees of the institution of
this Eminent Domain proceeding by document dated and mailed by
certified mail on June 10, 1994. Donald E. Failor and Ruth E.
Failor, the Condemnees herein, received the Notice to Condemnees
on June 11, 1994, as evidenced by Return Receipt Card for
Certified Mail (Postal Service Form 3B11) filed herein on July B,
1994 with the Affidavit of Service.
The Condemnees filed Preliminary Objections on July 12,
1994, more than 30 days after receiving the Notice to Condemnees.
Condemnees did not seek an extension of time prior to the
expiration of the 30-day time limitation for filing preliminary
LAW oHlns
SNElDAKln
.
Bnr..NUEMA"
procedure to be applied in eminent domain actions. The Rules of
civil Procedure generally have no application to eminent domain
actions unless there is an enumerated exception such as Rule 4001
regarding discovery. ADpeal of Edqewood Bldq. Co. Inc., 43 Pa.
Commw. 91, 402 A.2d 276 (1979), In Re Lower Gwvnedd Township,
Pa. Commw.
, 630 A.2d 915 (1993). Section 406(a) of the
Eminent Domain Code addresses the filing of preliminary
objections, providing, in pertinent part:
(a) within thirty days after being served with
notice of condemnation, the condemnee may file
preliminary objections to the declaration of taking.
The court upon cause shown may extend the time for
filing preliminary objections.
26 P.S. Sl-406(a)
In the case at hand, the preliminary objections of the Condemnees
were filed more than thirty days after Condemnees were ssrved
with notice of condemnation.
The record clearly shows that Condemnees received notice of
condemnation on June 11, 1994 via certified mail, return receipt
requested. (See Affidavit of Service filed July 8, 1994.) The
Eminent Domain Code provides that notice to condemnee may be
served by certified mail. 26 P.S. Sl-405(b).
The preliminary objections of the Condemnees wers filed on
July 12, 1994, more than thirty days aftsr the date of service,
June 11, 1994. (See Preliminary objections of Donald E. Failor
and Ruth E. Failor.) Neither the Condemnees nor their attorneys
sought an extension of time for filing preliminary objections
prior to the expiration of the thirty day time period.
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BnLtmlMAH
B. As a matter of law, inadvertence is insufficient
"cause shown" to justify the untimely filing of
Preliminary Objections.
As of the writing of this brief, Condemnees have not filed a
response to Condemnor's Motion to Quash Preliminary Objections.
As a result, Condemnor cannot be certain of Condemnees' position
as to why the preliminary objectione were not filed within the
time limit mandated by the Eminent Domain Code. Based on the
limited information available to Condemnor as of the writing of
this brief, it is believed that Condemnees may argue that the
preliminary Objections were filed late due to inadvertence of
counsel.
The Eminent Domain code provides that "[t]he court upon
cause shown may extend the time for filing preliminary
objeotions." 26 P.S. S1-406(a). The Commonwealth Court has held
on several occasions that inadvertence will not justify the
untimely filing of preliminary objections under the Eminent
Domain Code.
ADDeal of McCov, 153 Pa. Commw. 504, 621 A.2d 1163
(1993), ADDeal of Edaewood Buildina Co.. Inc., 43 Pa. Commw. 91,
402 A.2d 276 (1979). In the McCoy case, the Commonwealth Court
disagreed with appellants' argument that "the conduct of former
counsel in failing to file timely preliminary objections or
obtain an extension of time in which to file, as well as his
failure to disolose a conflict of interest, is suffioient cause
shown." McCoy, 153 Pa. Commw. at _, 621 A.2d at 1165. The
court upheld the trial court's denial of appellants' petition to
-4-
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6NEl-IJAK[R
.
BFH.IWEMAfl
file preliminary objections DYnQ Rr2 tynQ. In the Edaewood case,
the commonwealth court sustained the trial court's denial of
appellant's application to file preliminary objections DYDQ Rr2
tynQ where the Notice of Declaration of Taking was received by
Edgewood on January 11, 1977 and preliminary objections were
filed on February 14, 1977. Appeal of Edaewood, 43 Pa. Commw.
91, 402 A.2d 276. In both the McCoy and Edaewood cases, the
commonwealth Court pointed to the fact that there were no
allegations that the Condemnors were in any way responsible for
the condemnees' delayed filings. The holdings and reasoning of
the McCoy and Edaewood cases control the disposition of the case
at bar.
In the case ~ iudice, there haye been no suggestions
that the Condemnor (TownShip) had anything to do with the
late filing of the preliminary objections. As explained in
McCoV, the court would not condone a policy of extending the
time for filing of preliminary objections on the basis of
misconduct of one's attorney because to do so would
encourage such abuses. The court concluded that "misconduct
by one's attorney is insuffioient 'cause shown' to justifY an
extension of time to file preliminary objections under the
Eminent Domain Code." McCoy, 153 Pa. Commw. at _, 621 A.2d at
1165-66. The preliminary objections in the case ~ jUdice
should be quashed, because, as a matter of law, inadvertence of
counsel is not sufficient "cause shown" to justify late filings
-5-
LAW Uffln..
BNHUA.Kl:.R
.
BRUHlf MAt~
IN REI CONDEMNATION EASEMENT .
AND RIGHT-OF-WAY WITHIN LANDS .
OF DONALD E. AND RU'l'H E. I
FAILOR IN SILVER SPRING I
TOWNSHIP, CUMBERLAND COUNTY, I
PENNSYLVANIA, BY THE TOWNSHIP I
OF SILVER SPRING FOR THE I
CONSTRUCTION, INSTALLATION, .
USE, OPERATION, REPAIR, .
MAINTENANCE, RENEWAL AND I
REPLACEMENT OF A PUBLIC ROAD I
OR STREET I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-3137 CIVIL TERM
IN REM (EMINENT DOMAIN)
MOTION TO QUASH PRELIMINARY OBJECTIONS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, comes the Condemnor, TOWNSHIP OF SILVER SPRING, by
its Attorneys, SNELBAKER' BRENNEMAN, P.c., and moves the Court
to Quash Condemnees' Preliminary Objeotions based upon the
following.
1. By Declaration of Taking filed with the Prothonotary on
June 10, 1994, pursuant to the Emin~nt Domain Code (26 P.S. 1-101
et seq.), Condemnor initiated this eminent domain proceeding to
acquire certain interests in, on, over, across and through
condsmnees' land situated in the Township of Silver spring,
Cumberland county, Pennsylvania.
2. condemnor gave written Notice to Condemnees of the
institution of said proceeding by dooument dated and mailed on
June 10, 1994.
3. Condemnees received said Notice to Condemnees on June
11, 1994, as evidenced by return receipt card for certified mail
filed with Affidavit of Service horein.
LAW otner I
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.
BRf:UNl:MAf"
4. Condemnees filed Preliminary Objections on July 12,
1994, which were served upon condemnor by mail sent on July 12,
1994. (Condemnees' certificate of Service filed with the
Preliminary Objections is erroneous.)
6. Condemnees' Preliminary Objections were filed more than
thirty (30) days after receiving the above referenoed Notioe to
Condemnees.
6. seotion 406(a) of the Eminent Domain Code (26 P.B. 51-
406a) provides in relevant part as followsl
"Within thirty days after being served with notice of
condemnation, the condemnee may file preliminary
objeotions to the deolaration of taking. The court
upon cause shown may extend the time for filing
preliminary Objections."
7. Condemnees did not seek an extension of time prior to
the expiration of the 30-day time for filing preliminary
objeotions.
8. The 30-day time limitation is mandatory I Appeal of
McCoy,
Cmwlth. ct.
, 621 A.2d 1163 (1993).
9. Therefore, Condemnees' Preliminary Objeotions are
ineffeotive and a nullity.
WHEREFORE, Condemnor respectfully requests your lIonorable
Court to quash the condemnees' Preliminary Objections.
SNELB~J(ER
I-
I
By
C. Bne a er
44 West Main street
Mechaniceburg, PA 17055-0318
Attorneys for Condemnor
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IN RE I CONDEMNA'I'lON I~ASI!MEN'l' AND
RIGIIT-O~'-WAY WITIIIN I,ANIlS O~'
DONALD E. AND HUTII E. FAI LOll IN
SILVER SPRING 'rOWNSIIlI', CUMUEIlLANO
COUNTY, PENNSYLVANIA, BY 'rilE
TOWNSIIIP OF SILVER SPRING FOil 'rilE
CONSTRUCTION, I Ns'rALI,A'rION , UBI!,
OPERATION, REPAIR, MAINTENANCE,
RENEWAl, AND REPLACEMIlN'r O~' A
PUBLIC ROAD OR STIlEIlT
I IN 'rill! COUR'l' OF COMMON PLEAS OF
I CUMBEIII,ANO COUN'l'Y, PENNSYLVANIA
I
I CIVIL ACTION - LAW
I
I NO. 94-3137 CIVIL TERM
I
I
I IN IlEM (IlMINEN'l' DOMAIN)
I
PRILIMINARY OBJECTIONS OF DONALD I. FAILOR AND RUTH I. rAILOR
TO TilE 1I0NORABLE JUDGES Of' SAID COUH'rl
The preliminary objections of Donald E. Failor and Ruth E.
Failor, pursuant to 26 Pa. C.S.A. S1-406, respeotfully represent I
1. Donald E. ~'ailor and Iluth E. ~'ailor are adult individuals
living at 29B Ridge lIill Road, Meohaniosburg, Cumberland County,
Pennsylvania, 17055 and are the reoord and fee simple owners of lands
or interests sought to be condemned by the 'l'ownship of Silver Spring
under a Deolaration of Taking filed with this Court to Docket 94-3137
civil Term.
2. Paragraphs 4 and 6 of the Declaration of Taking are denied
for the reasons hereinafter set forth.
3. The purpose of the Township in filing said Declaration of
Taking is not to acquire and securs the easement and right-of-way in
lands for the construction, installation, operation, maintenance,
repair, renewal and replacement of a public road or street by said
Condemnor or as permitted by it to be done within said easement and
-1-
.
.
right-of-way as alleged, to the contrary, the purpose is to make
available an easement and right-of-way to a private venture, for
private purposes and private profit. A condemnation for such purposes
is violative of the township's enabling statute, Article 1, section 10
of the Pennsylvania Constitution, and the Fifth Amendment to the
United States Constitution.
4. For the reasons set forth above, the said Declaration of
Taking is void and of no effect whatsoever and as a result thereof,
title to said premises shall bs deemed to vest in Donald E. Failor and
Ruth E. Failor to the same extent as if no Declaration of Taking had
been filed.
WHEREFORE, Donald E. Failor and Ruth E. Failor pray your Honor-
able Court to enter an Order dismissing said Declaration of Taking,
decreeing same to be void and of no effect whatsosver and further
decreeing that title to said premises shall vest in Donald E. Failor
and Ruth E. Failor to the same extent as if no Declaration of Taking
had been filed.
Respectively submitted,
I
STONE LaFAVER , STONE/
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By .. I, I I
DAVID lit aT E, ESQUIRE
1.0. H397B5
414 Bridge Street, P.O. Box E
New Cumberland, PA 17070
Telephonel 717-774-7435
-2-
LAw OnlC[fi
SNEL.DAKEn
.
BREtmtMAU
IN REI CONDEMNATION EASEMENT I
AND RIGHT-OF-WAY WITHIN LANDS I
OF DONALD E. AND RUTH E. I
FAILOR IN SILVER SPRING I
TOWNSHIP, CUMBERLAND COUNTY, I
PENNSYLVANIA, BY THE TOWNSHIP I
OF SILVER SPRING FOR THE I
CONSTRUCTION, INSTALLATION, I
USE, OPERATION, REPAIR, I
MAINTENANCE, RENEWAL AND I
REPLACEMENT OF A PUBLIC ROAD
OR STREET
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-3137 CIVIL TERM
IN REM (EMINENT DOMAIN)
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND)
Richard C. snelbaker, being duly sworn according to law
deposes and says that he is a principal in the firm of Snelbaker
, Brenneman, P.c., attorneys for Township of Silver spring, the
oondemnor in the above oaptioned action/ that he did send to
Donald E. Failor and Ruth E. Failor, condemnees, a Notice to
Condemnees on June 10, 1994, by certified mail return reoeipt
requested No. P 147 284 753/ that said Notice to Condemnees was
received by the condemnees as evidenced by return receipt card
for said certified mail on June 11, 1994/ that attached hereto
are the original receipts for mailing and delivery of said
certified mail, together with a copy of the Notice to condemnees
(without the Notice of Filing of Deolaration of Taking, which
was, in fact, attached to said notice as sent to condemnees)/ and
u.w OHICll
SNELOAKER
.
BRENNEMAN
-'
IN RE: CONDEMNATION EASEMENT
AND RIGHT-OF-WAY WITHIN LANDS
OF DONALD E. AND RUTH E.
FAILOR IN SILVER SPRING
TOWNSHIP, CUMBERLAND COUNTY,
PENNSYLVANIA, BY THE TOWNSHIP
OF SILVER SPRING FOR THE
CONSTRUCTION, INSTALLATION,
USE, OPERATION, REPAIR,
MAINTENANCE, RENEWAL AND
REPLACEMENT OF A PUBLIC ROAD
OR STREET
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94- 3137 CIVIl. TEllM
IN REM (EMINENT DOMAIN)
NOTICE TO CONDEMNEES
TOI Donald E. Failor Certified Mall No. P 147 284 753
Ruth E. Failor
298 Ridge Hill Road
Mechanicsburg, PA 17055
NOTICE IS HEREBY GIVEN pursuant to Section 405 of the
Eminent Domain Code (26 P.S. 1-405) that the Township of Silver
spring as condemnor, has instituted eminent domain proceedings on
June 10, 1994, docketed as aforesaid. The purpose. of the
condemnation and other relevant information are contained in the
attached copy of the Notice of Filing of Declaration of Taking as
filed in the Office of the Recorder of Deeds in and for
Cumberland county, Pennsylvania, on June 10, 1994, (Deed Book
100 , Page BoB ) having attached thereto a copy of the
Declaration of Taking as filed on the same date in the Office of
the prothonotary in and for said cumberland County, said copy is
hereby certified by the undersigned as being a true and correct
copy of the original as filed and incorporated herein by
reference thereto.
You are further notified that if you wish to challenge the
power or the right of the Condemnor to appropriate the condemned
property, the sufficiency of the security, the procedure followed
by the condemnor or the Declaration of Taking, you shall file
Preliminary Objections within thirty (30) days after being served
with this Notice of condemnation.
RING
By
R card C. Snelbaker
Township Solicitor
DATE OF NOTICE:
June 10, 1994
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LAW O~rJCl5
SNHUAKUi
.
BRENNEMAN
IN REI CONDEMNATION EASEMENT I
AND RIGHT-OF-WAY WITHIN LANDS I
OF DONALD E. AND RUTH E. I
FAILOR IN SILVER SPRING
TOWNSHIP, CUMBERLAND COUNTY,
PENNSYLVANIA, BY THE TOWNSHIP
OF SILVER SPRING FOR THE
CONSTRUCTION, INSTALLATION,
USE, OPERATION, REPAIR,
MAINTENANCE, RENEWAL AND
REPLACEMENT OF A PUBLIC ROAD
OR STREET
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-'>11/ ('I~'" iI^'1I1
IN REM (EMINENT DOMAIN)
CONDEMNOR'S BOND
KNOW ALL MEN BY THESE PRESENTS, that the TOWNSHIP OF SILVER
SPRING TOWNSHIP, a muncipal township of the second class created
and existing under the laws of the Commonwealth of Pennsylvania,
hereinafter called "obligor", is held and firmly bound unto the
COMMONWEALTH OF PENNSYLVANIA, hereinafter called "Obligee", for
the use and benefit of the owners of the property or property
interests condemned as hereinafter noted, and other proper
parties in interest, for such amount of damages as the said
owners of ths said property or property interests 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 reason of the condemnation by the TOWNSHIP OF SILVER
SPRING of a certain easement and right-of-way in lands and
property interests located in the Township of Silver spring,
Cumberland County, Pennsylvania, more fully shown and described
in "Exhibit A" attached hereto and attached to the Declaration of
LAW OH1CUI
SNELO"KlR
.
flnENNUtAr4
Taking of which this Bond is a part and which Exhibit is mads a
part hereof by refersnce thereto.
SEALED with the official Township seal and duly executed
this 8th day of Juns, 1994.
WHEREAS, the TOWNSIIlP OF SILVER SPRING has condemned the
aforementioned propsrty interests and cannot agree with the
owners thereof upon the just compensation to be paid tor the
damages sustained by the owners of ths property interests as a
result of the condemnation;
NOW, THE CONDITION of this Bond Is such that if ths TOWNSHIP
OF SILVER SPRING, the Obligor herein, Ihall payor caule to be
paid such amount of damagee as the said owners of the property
interests so condemned and the other parties in interest shall be
entitled to recelve by reason of suoh oondemnation, atter the
same shall have been agreed upon or aBBes sed in the manner
provided by law, then this obligation Ihall be void; otherwise,
it shall be and remaln ln full force and erfect.
ATTEST I
TOWt/SlIlI' OF BlINER SPRING
'J . I I
"y .'.,; ,I II i _"'} t'./
p " i
Chairman, board of Township
Supervisors
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Township Seer. V
(ToWnshlp /leal)
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LAW OIfICIU
SNEUJAKER
ft
BRENNEMAN
The reoord of said pUblio meeting, being the minutes thereof, and
the original resolution may be examined at the Township's office
at the Municipal Building aforesaid, a copy of said Resolution
being attached hereto marked "Exhlbit I" and incorporated herein
by reference thereto.
4 .
The purpose of this condemnation and this Declaration of
Taking filed incldental thereto is to acquire and seoure the
easement and rlght-of-way in lands for the construction,
installation, operation, malntenance, repair, renewal and
replacement of a publio road or street by sald Condemnor or as
permitted by it to be done wlthin said easement and right-of-way.
5.
Attached hereto marked "Exhiblt 2" and incorporated herein
is documentation which contains a map or plan of the land,
easement and right-of-way situate ln the Township of Silver
Spring, Cumberland County, Pennsylvania, necessary to be obtained
for the purposes, as aforesaid. A copy of said documentation
mentioned in said Exhlblt will be filed as of the date of filing
hereof in the Office of the Recorder of Deeds in and for
Cumberland county, Pennsylvania, at the Cumberland County Court
House in carlisle, Pennsylvanla, ln accordanoe with Section 404
of the Eminent Domain Code, Aot of June 22, 1964 (Speoial
session), P.L. 84, Artiole IV, aa amended.
-;1-
TOWNSIIlP OF SILVER SPBltiQ
A RESOWTION
OF TilE IJOARD OF TOWNBIIlP BUPERVIflORS IN AND
FOR TilE TOWNSIIlI' OF SILVER SPRING, CUMBERLAND
COUNTY, PENNSYINANIA, AUTlfORIZING TlfE
SELECTION, CoNDEMNATION AND AI'PROI'RIATION OF
CERTAIN INTERESTS IN CERTAIN LAND SITUATED IN
TilE TOWNSIIIP OF SILVER SPRING FOR TlfE
CONSTRUCTION, INSTALLATION, USE, OI'ERATION,
REPAIR, MAINTENANCE, RENEWAL AND REPLACEMENT
OF A PUBLIC ROAD OR STREET, AND AUTIIORIZING
TlfE FILING OF A DECI,ARATION OR DEcr~ARATIONS
OF TARING AND A1,I, NECESSARY ACTION FOR TilE
ACQUISITION TIIEREOF.
WIIEREAS, the TOWNSIIIP OF SILVER SPRING (herelnafter ealled
"Township") ls a TownShip of ths Beeond-Class sltuated ln
cumberland county, Pennsylvanlal and
WIIEREAB, said Townshlp has developed and created a land uee
and zoning ordinance whlch lnoludes a zoning distriot known as
Enterprise Distriot which is located generally along both sides
ot carlisle Pike, a busy and dangerous state hlghway of arterial
eharacteristles, whlch Dlstrlot requires limited lnterseotions ot
new public roads with said carlisle plke; and
WIIEREAS, sald 'l'ownship IUIS been presented wlth various
dsvelopment plans for a tract of land on the northern side of
sald carliele Pike opposite an exi.sting lntersootl.on of a publio
township road (Appalachian Ilrive, Ir-57J) I and
WIIEREAB, said Township aoltng hy IInd through Its Board of
Townlhip supervisore (hereinafter oalled "Board") has oarefully
considered possible proposed IIccesses of publlo rOllds or streets
IX II I 1111 I
to serve said tract of land in keeping with lts land liRe and
zoning requirements and the safety of the motoring and pedestrian
traffic entering and leavlng said tract and the safety of high
volume vehioular trafflc uslng said carlisle Pike; and
WHEREAS, said Board believes the public safety and welfare
will be enhanced and best protected by the creation of a public
road or street to intersect from the north side of carlisle Pike
at a location directly opposite the existing intersection of
Appalachian Drive (T-57J) with Carlisle pike; and
"'HEREAB, it is necessary that said Township acqulres and
seoures the necessary easement and right-Of-way in, over, across,
under and through certain lands in said Township for the purposes
of constructing, installing, using, operating, repalring,
maintaining, renewing and replaelng said public road or street,
and to install or permit to be installed above-ground and
underground public utilitles, municipal services and storm
drainage facilities, and
WHEREAB, said Townshlp has developed a plan of the necessary
land, easement and right-Of-way Which will contain and
accommodate the proposed public road or street, Which plan has
been prepared by pennoni Assoclates, Inc., (hereinafter called
"Township Engineer"), a true copy of which i.s attached hereto
marked "Exhiblt A" and lncorporated herein by reference thereto;
WHEREAS, the land being the SUbject of this proceedlng ls
owned by DONALD E. FAILOR and RUTH E. FAILOR, hi.s wife,
-2-
EXIIIIlIT I
(hereinafter called "Failors") who reside at 298 Ridge Hill Road,
Heehanicsburg, PA 17055/ and
WHEREAS, said Townshlp has been unsuocessful in negotiating
the acquisition of the neoessary easement and right-of-way from
the Failors/ and
WHEREAS, pursuant to The Second class Township Code, Aot of
Hay 2, 1933, P.L. 103, as amended (53 P.S. S65101 et seq.), the
Township is authorized and empowered to acquire and secure such
title, easement and right-of-way and other interests in and to
said lands through eminent domain proceedings;
NOW, THEREFORE, on motion duly made, seconded and duly
passed by said Board, be and it is hereby
RESOLVED I
SECTION 11 The foregoing title, preamble and paragraphs are
incorporated hereln by reference thereto.
SECTION 21 This Township hereby selects, condemns and
appropriates thoss premises shown and set forth ln "Exhibit A",
said lands being owned by Fallors.
The nature and extent of the title, easement and right-
of-way to be acqulred under this sectlon 2 are as followSI a
permanent easement and a free, unlnterrupted and unobstructed
right-of-way in, over, across, upon, under and through the
premises shown and deslgnated on the aforementioned plan
("Exhibit A"), for the purposes of presently and perpetually
thereafter, lnstalling, constructing, operating, maintainlng,
-3-
J:XIIJIIIT I
repairing, renewing and replacing a public road or street and/or
permitting the constructlon and installation of such public road
or street, together with all rlghts of ingress, egress and
regress in, to, over, upon, and through sald premlses for the
full and complete use by the TownShip, its successors and
assigns, of the said easement and right-of-way and for the
exercise ot said rights and privlleges to install, construct,
operate, maintain, repalr, renew and replace said public road or
street, and further together with the rights and privileges to
construct, install, operate, maintain, repalr, renew and replace
and/or permit the construetion, installatien, operation,
maintenance, repair and replacement of public utilities and
municipal services (including but not limited to water, electric,
gas, telephone, cable television, sanitary sewerage and storm
water management facilities and equipment), and to otherwise use
and maintain said land as a public road or street within and
as a part of the municipal public road and street system of
Township.
SECTION 31 The Township, its Board and its proper officers
are hereby authorized to flle such Declarations of Taking and
such other papers, documents and/or proceedings, including the
entry of such bond as may be necessary or deslrable, and to do
and perform all other acts necessary and requisite to carry out
the purposes of this Resolutlon, and said officers and the
Township's employees or agents are authorlzed and empowered to
-4-
EXIIIIIII
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TABLE OF CONTENTS
, TITLE PAGE
Leller of Transmittal
Photographs of Property
Location Map
Table of Contents
Summary of Important Facts & Conclusions . . .. . .. . ,., I .. . . . I
General Limiting Conditions ... . o. . I.. 00 o. 2
Statement of Competency . 0 .0. . . .0 2
General Assumptions 00 . . . . 3
Purpose and Function . . 4
Scope of the Appraisal 5
Regional Data ..... t .. . . 6
Neighborhood Analysis . . . . 8
Zoning . 0 . I.... I... 9
, Assessment and Taxes 9
. . o.
Description of the Property 10
Sales History 10
Land ... . 00 10
Flood Map 12
Improvements .. 13
Land Improvements IS
The Taking IS
Damages . . 16
Highest and Best Use 17
Valuation (Before) 20
Land Analysis 20
Cost Analysis . . 28
Income Analysis o. 31
Market Rent 32
.. Income and Expenses Statement . . 35
Capitalization Rate ........ . o. 35
Building & Residual Technique 36
Direct Sales Comparison o. 37
WOOF APPRAISAL GROUP
GENERAL ASSUMPTIONS
The legal description used In this report Is assumed to he correct.
No survey of the Appraised Property has heen made hy Woof Appraisal
Group and no responsibility is assumed In connection with such mailers.
Sketches in this report are included only to assist the reader in visualizing the
Appraised Property.
No responsihllity is assumed for malters of a legal nature affecting title to the
Appraised Property nor is an opinion of title rendered. The title is assumed
to be good and me rchantahle.
Information furnished hy others is assumed to he true, correct, and reliable.
A reasonable effort has been made to verify such Information; however, no
responsibility for its accuracy Is assumed by the appraisers.
All mortgages, liens, encumbrances, leases, and servitude have been
disregarded unless so specified within the report. The property is appraised
as though under responsible ownership and competent management.
It Is assumed that there are no hidden or unapparent conditions of the
Appraised Property, subsoil, or structures which would render it more or less
valuahle. No responsibility is assumed for such conditions for engineering
which may be required to discover them.
It Is assumed that there is a full compliance with all applicable federal, state,
and local environmental regulations and laws unless non-compliance Is stated,
defined, and considered in the updated report.
It is assumed that all required licenses, consents other legislative, or
administrative authority from any local, state, national governmental, private
entity, or organization have been or can be ohtained or renewed for any use
on which the value estimate contained in tbis report is hased.
\
It Is assumed that the utilization of the land llnd improvements is within the
boundllrles or property lines of the Appraised Property described llnd that
there Is no encroachment or trespllss unless noted within the report.
3
WOOF APPRAISAL GROUP
R.:mONAI. UATA
Harrisburg, lhe Capital City of Pennsylvania, has a llIetropolltan statistical
ureu consisting of Perry, Lehanon, Duuphln, and Cumberlund Counties.
Locuted In the southeastern section of Central Jlennsylvanlu between the
stute's twolurgest cities - I'hlllldelphla, IlXl miles ellstwardly, and PllIsburgh,
200 miles westwllrdly, this area col1lalns approximately 1,9711.4 square miles.
Harrishurg Is accesslhle hy an excellent network of roads such us I-III, 1-113,
1.76 (lhe I'ennsylvanla Turnpike), 1-2113, U.S. Itoutes II, IS, and 22, pluclng
major eustern cities within cOl11fortahle driving time. Air service is provided
by l11ujor ulrllnes Iltllarrishurg Inlernutionul Airport and Cupital City Airport.
Conrail and Amtruk provide mil service und Greyhound/Trallways the bus
service. There ure Iwo non-navigahle rivers, the Susquehanna und the
Juniuta.
The populution of the Horrishurg Metropolltun Arell is estimated to be in
excess of 5117,900 based on the 1990 Census, an increase in population of
5.71% over 19110 Census data. In recent stutistlcaldota, the population of the
Harrisburg ureu was suid to huve the fifty-eighth highest retail soles per
household in the notion while only heing the 1141h metropolitan area in size.
Government and services are the largest employers. Manufacturing ono trude
are also significant sources of employment in Ihe lIarrlsburg orca. TIle 19118
annual wage for the lIarrlsburg orell was $20,591l.
,
There are 0 number of colleges In the area including Lehllnon Valley College,
Dlckhlson College, 1I0rrlshurg Arell COlllmunity College, a hruncb CUtt1PU8 of
pennsylvanlll Stale University, Dickinson School 01' Law, Widener Unlvenlty
School of Law, and II hranch campus of Temple University.
II
WOOF APPRAISAL GROUP
.
TIle Apprulsed Property Is descrlhed hy deed recital as:
ALL 11~A T CEHTAIN piece or parcel of land situate In Silver Spring
Township, Cumherland County, Pennsylvania, more particularly hounded and
descrihed as follows, to wi!:
BEGINNING at an Iron pipe on the Northern rlght.of.way line sixty
(60) feet of U.S. Route II, locally known as the Harrishurg Pike, which pipe
Is 1125.13 feet, measured North seventy.elght (78) degrees forty.one (41)
minutes fifty (50) seconds West from the East property line of the land now
or formerly of Clarence R. Sunday and Ada A. Sunday, acquired from Frank
S. Sponsler et ux, hy deed dated the 12th day of March, 1947, as recorded in
the Office of the Recorder of Deeds In and for the County of Cumberland In
Deed Book "M", Volume 13, Page 14 I; thence hy said Northern rlght.of.way
line North seventy-eight (78) degrees forty-one (41) minutes fifty (50) seconds
West 3611.14 feet to an Iron pipe on said northern rlght-of.way line; thence by
land now or formerly of Clarence R. Sunday and Ada A. Sunday, North thirty-
three (33) degrees forty-five (45) minutes East 242.25 feet to an iron pipe;
thence by same North fifteen (IS) degrees five (5) minutes East 171.19 feet
to an iron pipe; thence by same South sixty-seven (67) degrees fourteen (14)
minutes East 222.42 feet to an Iron pipe; thence by same South (0) degrees
thirty-two (32) minutes East 109.74 feet to an iron pipe; thence by same South
five (5) degrees forty.four (44) minutes twenty (20) seconds West 244.43 feet
to an iron pipe. the place of BEGINNING.
CONTAINING 2.403 acres and having thereon erected a stone house,
stone and frume harn and other improvements.
BEING DESCRIBED according to a sUlvey dated April 17, 1963, by
Thomas Alvin Neff, Registered Surveyor.
BEING the Slime premises which Arthur JR. Rupley and Mildred
Gates Rupley, his wife, by their deed dated Septemher I, 1973 and recorded
in the Office of the Recorder of Deed of Cumberland County, Pennsylvania,
in Deed Book 25, Volume I. Page 945, granted and conveyed unto Rohert L.
Goodall Company, Inc. judgment dehtor und real owner.
SEIZED, TAKEN IN EXECUTION and to he sold as the property of
Rohert L. Goodull Company, Inc., Judgment dehtor and real owner.
11
WOOF APPRAISAL GROUP
IMPROVEMENTS
1l1ere are three structures located on the Appraised Property. A tavern that
was huilt In 1780 which has heen converted Into an office huildlng. A hank
harn that was huilt In 1798 and a small frame garage that has heen converted
into an office/shop.
"Bell's Tavern", built In 1780 was re.named "Sign of the Rattlesnake Tavern"
In 1807 as detailed hy the Cumherland County Historic So city. Currently the
tavern is designed as an office building for a single tenant. 1l1e stone
structure contains 4,164 square feet of office area with a 2,082 square foot
hasement and a stairway to the attic which is partially floored.
1l1e first floor contains three office areas and a kitchenette. TIlere are four
fireplaces on the first floor and four points of ingress and egress. 1l1e second
floor contains five office areas and two. two fixture hathrooms. Only one
fireplace remains on the second floor.
1l1e office areas, in general, have carpeted floors, paneled. plaster or
drywalled walls, and suspended or plaster ceilings. 1l1e improvements are
heated hy a forced hot air oil furnace with central air conditioning on the first
floor and a separate heat pump system for the second floor.
1l1e foundation and exterior walls are stone, and appear structurally sound.
TIle roof, a large portion of which is relatively new, Is asphalt shingle over
wood deck on wood joist. Exterior improvements include a 360 square foot
hrlck patio, a 6'x 22' halcony, a 7'x 12' concrete pad, and a 7'x 24' front
porch. TIle front porch's roof has pulled away from the structure and should
he repaired prior to it's collapse. There is also II 106 linear foot stone wall
at the front of the house that forms a grussed terrace area. 111is structure is
13
WOOF APPRAISAL GROUP-.----~.----.------
Three aspects were given particular conslderutlon In this highest and best use
analysis: TIle Physical Adaptublllty, the Legal Permissibility, and the
Economic Feaslbillty.
The physical pnsslhilltles are studied as they can limit use because of size,
shape, terrain, etc. Physical studies first center on land, as If vacant and
aVllllable for use..the Infra.structure of physical layout of the urell, streets, and
utility lines, etc., und the number of physical options aVllllable tOil site; having
more options Is hetter than having fewer.
TIle leglll possibilities that place constraints on the potentlalllse of the site
are studied, such as zoning, deed restrictions, and set..hack regulations, etc...
the more legal options IIvailable the better..the more legal constraints the
more restrictive the probable use.
The economic or financial feasihllity posslhllltles are studied hased on space.
users (consumers), space.producers (suppliers), and various agencies (Infra-
structures). This Is sometimes called the "MOil flllln. Ule", which Is an
optimal reconciliation of the goals and objectives of various groups.
This reconciliation considers the constraints Imposed by effective consumer
demand, the cost of production, the physical and environmental impact of
third parties, the physical constraints placed on these things by the IlInd,and
financial Impact analysis of "Who pays" and 'Who benefils". '11115 Is the
relationship hetween the most ptllhahlc lISC, which Is defined as "something
less than the most fitting use." ,Ille l110st prohahle lIse conslden all
constraints on a property IInd Is more restrictive thanl110st fitting lIse. 'Ille
Appraised PtIlperty that Is thc object of this report was reviewed IInd 8\udled
with this concept liS II guideline to highestllnd best use.
IH
WOOF APPRAISAL GROUP
HIGHEST AND BEST USE. CONCLUSION (BEFOIU3):
The Appraised Property was considered as If vacant land, free and clear of
any Improvements, and ready for construction using all of the aforementioned
constraints, uses, and guidelines of physical, legal, and economic. The highest
and best use for lhe site:
"As If Vacant" . The highest and best use is considered 10 be a
site for u commercial huilding sile with direcl uccess to
Curlisle Pike.
"As Improved" . TIle highest and hest use is considered as an
office huilding with potentlul for conversion of the hank
harn into sales and maintenance office and modular
home sales and used car sales 101 as approved by the
Township with direct access to the Carlisle Pike.
HIGHEST AND BEST USE. CONCLUSION (AFTER):
The Appraised Property was considered as If vacant land, free and clear of
any Improvemenls, and ready for construction using all of the aforementioned
constraints, uses, and guidelines of physical, legal, und economic. The highest
und best use for the site:
"As If Vacunt" . The highest und hest use Is considered to he a
sHe for u commerclul huilding site with u side street
access to the Carlisle Pike.
"As Improved" . The highest llnd hesl use is considered to he an
office huildlng wilh potential for conversion of tlte
hank harn Into uddltlonal office area.
IlJ
WOOF APPRAISAL GROUP
COST APPROACH
Detailed Computations
TAVERN/OFFICE BUILDING
Foundation $ 2.30
Busement $15.05
Excavation $ 2.26
Floor Structure $ 4.36
Floor Cover $ 2.83
Exterior Walls $16.82
Ceilings $ 2.01
Roof $ 7.08
Interior Construction $12.20
Heating and Cooling $ 109
Electrical $ 2.05
Plumbing $ 2.17
Porches, Balconies, and Patios $ 2.00
Bank Barn
$74.22 X 4,164 S/F =
$18.74 X 5,958 S/F =
$20.48 X 384 S/F =
$309,052
$111,653
j 7.864
$428,569
Total Cost New
Garage/Office
TOTAL BUILDING COST NEW
SITE IMPROVEMENTS
Macudam $ 1.50 X 15,61XI S/F =
Stone Wail $60.111J X 106 L/F =
Landscaping $2,2111J.()() X 1.655 Acres =
Total Site Improvement Cost New
$23,400
6,360
3.640
$33,400
30
WOOF APPRAISAL GROUP
('()I\WAKAIII.I~ SAI.E #4
OI{ANTOH:
OI{ANTEE:
LOCATION:
DEED BOOK/I'AOE:
TAX MAP NlJMBEH:
DATE:
SIZE:
SALES pIUCE:
plUCE PEI{ SO.I'T.:
(Lund und Building)
ImMAI{KS:
WOOF APPRAISAL GROUP
(Alwe Inveslmelll Corpurution
Nulullll C'umpuny
MSIl C'urllsle Pike, Silver Spring Township
113 - 203
31l-11)-I()OIl.OOI
OCloher 12, 1l)l)4
30,S30 Squure Feet
$I,OSO,OOll
$34031)
4.33 Acres, 30,S30 Squure Fnnt Mellll Building
hulllln 11)111; IS,S30 Squure Fnnl Sules/Off/ce und
IS,OOO Squllre Fnut wllrehuuse; 120,000 Sllullre
fuut I1lUCUllll11l surfuce,
41
ANALVSIS OF DAMAGES
The Taking of 19,853 square feet of the Appraised Property for the purpose
of aligning a proposed street with Appalachian Drive effects the Appraised
Property beyond just the Taking of 19,853 square feet. There are four
additional effects which will he individually analyzed to determine the
monetary effect on the value of the property for a total of five separate
damage issues.
1. TIle Taking of 19,853 square feet of the Appraised Property is valued
based on a per square foot value prior to the Taking. As detailed In
the land analysis section of this report, the site has a per acre value of
5130,000. Divide this value hy 43.560 (number of square feet in an
acre) which indicates a value of $2.98 per square foot. Then multiply
19,853 square feet by the value per square foot producing a damage
estimate of 559,162.
2. Based on the plans suhmltted to the Silver Springs Township by the
developer of the adjoining land, the Taking removes the direct access
to the Appraised Property from Carlisle Pike. The Appraised Property
can only he access from the rear through a feeder road. Access to the
Appraised Property is not possible from the proposed primary access
street.
To determine Ihe effect of making the Appraised Property a limited
accessed Carlisle Pike fronlage property. sales In similar situations
were researched. This research produced an excellent group of sales
that detailed damages to the Appraised Property. Parcel Numhers 10-
20-1842-0KK & OKK-D are two vacautland sales. Parcel NIlK8, now a
Burger King Restaurant, has the same access situation of that of the
45
WOOF APPRAISAL GROUP
Apprulsed Property. As detuiled in the Murket Rent Section of this
repnrt, u monthly Income to the Apprulsed Pruperty is Indicuted ut
$3,104 per month ufter vucuncy und relll loss ure tuken Into account.
Therefore. a loss of three mOlllhs of rent at $3,104 per month,
fndlcutes udditionuldamuges of $9,312.
4. As u result of InSlulling the proposed streets, u reduction of the
Appruised Properties net bullduhle urea, ufter allowing for setbacks us
mundated hy the Township Zoning Ordinances, will decrease hy 2,408
square feet due to increases in sethacks. The setback area prior to the
Taking was 27,914 square feel. The setback area after the Taking will
be 30,322 square feet. 1111s reduces the buildable areu of the
Appraised Property by 2,408 square feel.
Bused on the diminished access value of the Appraised Property per
square foot times tbe loss of buildable area due to the increused
setbacks, a damage value of $6.115 is indicated. $130,000 per acre
prior to tbe Taking less the diminished value percentage of 14.91% or
$110,617 per acre, divided by 43,560 times 2,408 square feet equals
$6,115.
5. After the diminished values to the site have been accounted for, one
other factor must be offsel. 111e taking removes the only access to the
parking area of the Appraised Property. A new driveway and curb cut
must be Installed by the owner. As discussed, this new drive must be
installed at the rear of the site which is located ahout 190 feet from
the backside of the parking area. Bused on installing 190 linear feet
of driveway with a twenty foot width, u cost or damage amount of
$5,700 Is Indicated.
47
WOOF APPRAISAL GROUP
LANU SALES
IIUJUiEH KING IU:STAUHANT
'" .
DIJNKIN DONI JTS JWSTAIJltANT
49
WOOF APPRAISAL GROUP
'Ille Income Approuch ufter the Tuking tukes illto considerutlllllthe lowered
murket rents lhul could he ohwined fur thc improvcmcnts, buscd on the
properties less desiruhlc locution due to the loss of lhe direct uccess from the
Carlisle Pike.
A reduction lnohtulnuhle nlUrket rents for the office/tuvern und hunk harn
has heen projected ut 30%. A reduction In the rentullnCllme In turn reduces
the vulue hy the CUJlltulllutllln rute method to $279,242 ($26,37/1/ 11.0944(3).
SA Y: $2/10,O()(). Furthermore, u reductlllnlnthe rental income, alsu, reduces
the vulue hy the Uuildlng Residual Technique to $2/10.000. As detulled below.
.
JUSTIFICATION m' CAPITAl.IZATION RATE
INCOME ANn EXIJENSE STATEMENT
GROSS INCOME ESTIMATE
Tavern/Office 4,164 sIr (rr $5.25
Dunk Burn 5,95/1 S/f Crr' 51AO
Ourage $ to() per month
TOTAL OROSS POTENTIAl. INCOME
VACANCY AND RENT LOSS 111%
EFFECIlVE GROSS INCOME
521,861
8,341
-UllO
531,402
~
$26,378
EXPENSES: (Triple Net l.cuses)
NONE
NET INCOME BEFORE CAI'ITAIJZATION
$26,378
51
WOOF APPRAISAL GROUP
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BAE',NEM"'j
IN REI CONDEMNATION EASEMENT
AND RIGHT-OF-WAY WITHIN LANDS
OF DONALD E. AND RUTH E.
FAILOR IN SILVER SPRING
TOWNSHIP, CUMBERLAND COUNTY,
PENNSYLVANIA, BY THE TOWNSHIP
OF SILVER SPRING FOR THE
COtlSTRUCTION, INSTALLATION,
USE, OPERATION, REPAIR,
MAINTENANCE, RENEWAL AND
REPLACEMENT OF A PUBLIC ROAD
OR STREET
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO , 94- j I j C I \' 11. rue I
IN REM (EMINENT DOMAIN)
NOTICE TO CONDEMNEES
TOI Donald E. Failor certified Mail No. P 147 284 753
Ruth E. Failor
29B Ridge Hill Road
Mechanicsburg, PA 17055
NOTICE IS HEREBY GIVEN pursuant to section 405 of the
Eminent Domain Code (26 P,S. 1-405) that the Township of Silver I
spring as Condemnor, has instituted eminent domain proceedings on I
June 10, 1994, docketed as aforesaid. The purposes ot the
condemnation and other relevant information are contained in the I
attached copy of the Notice of Filing ot Declaration ot Taking as I
filed in the Office of the Recorder of Deeds in and tor I
cumberland county, Pennsylvania, on June 10, 1994, (Deed Book I
lOb ,Page BbB ) having attached thereto a copy of the
Declaration of Taking as filed on the same date in the Oft ice of I
the Prothonotary in and for said Cumberland county, said copy is I
hereby certified by the undersigned as being a true and correct I
copy of the original as filed and incorporated herein by ,
~eference thereto.
You are further notified that it you wish to challenge the
powAr or the right of the Condsmnor to appropriate the condemnsd
property, the IUfficiency of the security, the procedure followed
by the Condemnor or the Declaration of Taking, you shall file
Prelimlnary Objections within thirty (30) days after being served
with this Notice ot Condemnation.
TO..~F .1
By
-
DATE OF NOTICEI
June 10, 1994
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IN REII (EMINENT DOMA.!N) ~ ;:;:"~
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~OTICE OF FILING OF DECLARATION OF TAKING -.J ~
IN RE I CONDEMNATION EASEMENT
AND RIGHT-OF-WAY WITHIN LANDS
OF DONALD E, AND RUTH E,
FAILOR IN SILVER SPRING
TOWNSHIP, CUHB&RLAND COUNTY,
PENNSYLVANIA, BY THE TOWNSHIP
OF SILVER SPRING FOR THE
CONSTRUCTION, INSTALLATION,
USE, OPERATION, REPAIR,
MAINTENANCE, RENEWAL AND
REPLACEMENT OF A PUBLIC ROAD
OR STREET
-'.
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.
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IN THE COURT OF COMMON PLEAS OF :
CUMB&RLAND COUNTY, PENNSYLVANIA I
,
CIVIL ACTION - LAW .
tD
-
NO. 114-3131 C'VIl ~ ~
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TO I RECORDER OF DEED/l IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA
Cumberland county Court Hou.e
carliele, Penn.ylvania 17013
NOTICE IS HEREBY GIVEN that on the 10th day ot June, 1994,
the TOWNSHIP OF SILVER SPRING tiled a Declaration ot Takinq in
the Court of Co..on Pleae in and for cuab.rland county,
Pennsylvania, to the above t.rm and nuab.r and captioned a.
abov., wherein c.rtain property wa. condaan.d in part for the
purpoee ot obtaininq and .eeurinq an ......nt .nd riqht-ot-way,
uid property b.inq .ore tully d.ecribed in "Exhibit A" attached
hereto and incorporat.d her. in by r.t.rence th.reto.
A true and correct copy ot said D.claration ot Takinq 1s
attach.d h.reto and incorporated herein as a part hereot by
reterence thereto,
TOWNSHIP OF SILVER SPRING
AW O"'C(.
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"INNIMA 4
ATTEST.
V,J, nhfi:. l. I " Q " "
Towns p Seoretary 1"
(TownBhip Seal)
By
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IN RE I CONDEMNATION EASIIIENT I
AND RIGHT-OF-WAY WITHIN LANDS I
OF DONALD E, AND RUTII E. I
FAILOR IN /lILVER SPRING I
TOWNSHIP, CUMBERLAND COUHTY, I
PENNSYLVANIA, BY THE TOWNSHIP I
OF SILVER SPRING FOR THE I
CONSTRUCTION, INSTALLATION, I
USE, OPERATION, REPAIR, I
MAINTENANCE, RENEWAL AND I
REPLACEMENT OF A PUBLIC ROAD I
OR STREET I
,. .,....~
IN THE COURT or COMMON PLEAS OF
CUMBERLAND COUHTY, PENNSYLVANIA I
,
CIVIL ACTION - LAW :
NO, 94-81J? e,II,1- ~.II
IN REM (EMINENT DOMAIN)
DECLARATION OF TAKING
AND NOW, comes the TOWNSHIP OF SILVER SPRING, a Penneylvania
municipal township ot the .econd cla.., and hereby tile. this
Declaration ot Takinq, and declare. a. fellovsl
1.
The Condemnor is the TOWNSIIIP OF SILVER SPRING havinq it.
principal ottice at the silver Sprinq Townehip Municipal
BUildinq, 6475 carlisle pik., Mechanicsburq (Silver sprinq
TownShip), Cumberland Ceunty, pennsylvania 17055,
2,
This Declaration ot Taking is tiled pursuant to the
authority ot The Second Class Township Cod., Act of Hay 1, 1933,
P.L, 103, as amended (53 P.S. 565101 et s.q,).
3.
This Declaration of Takinq is made and authorized by virtue
of a Resolution duly adopted by the Board ot Township Supervisors.
in and tor the Township at silver Sprin\J at a public meeting held
on June a, 1994, at the Township Munioipal Buildin\J aforesaid.
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The record ot said public meetinq, being the minutee thersof, and
the original resolutien may be examined at the Township's office
at the Munioipal BUildinq aforesaid, a copy of said Resolution
being attached hereto marked "Exhibit I" and incorporated herein
by reterence thereto.
4.
The purpose of this condemnation and this Declaration of
Taking filed incidental thereto is to aequire and .ecure the
easement and right-of-way in lands for the construction,
installation, operation, maintenance, repair, renewal and
replacement of a publie road or street by eaid Condemnor or as
psrmitted by it to be done within said saeement and right-of-way.
5,
Attached hereto marked "Exhibit 2" and incorporated herein
is documentation which contains a map or plan of the land,
easement and right-of-way situate in the Township of Silver
Spring, Cumberland County, Pennsylvania, necessary to be obtained
tor the purposes, as atoresaid. A eopy of eaid documentation
mentioned in said Exhibit will be tiled ae of the date of filing
hereof in the attice ot the Recorder of Oeeda in and for
Cumberland county, Pennsylvania, at the Cumberland county Court
lIoUle in Carlisll, Pennsylvania, in accordance with sectien 404
of the Eminent Demain Code, Act ot June 22, 1964 (Special
Ssseion) I P,L, 84/ Article IV, as amended.
-2-
LAW O"ICII
SHILI.KIA
III
BRlNNIMM4
6.
The nature and extent ot the title, easement and
right-ot-way acquired hereby are tor the purpose ot
constructing, installing, operating, .aintaining, repairing,
renewing, and replacing the ator..entioned public road or .treet,
and are more fully set forth in section 1 ot said Resolution
("Exhibit 1") which said section is specifically incorporated
herein by reterence thereto.
7.
The names and addresses ot the Condemnees herein arel
DONALD E. FAILOR and RUTH E. FAILOR, husband and wite, adult
individuals, who reside at 298 Ridge Hill Road, Mechanicsburg
(Silver spring Township), pennsylvania 17055.
8.
The above named Condemneos are the ownsrs in tee simple of
the lands or interests therein being taken, appropriated and
condemned.
9.
Plans describing and showing the condemned land may be
inspected at the office ot the Township ot Silver Spring, at the
Silver spring Township Municipal Building at 6475 Carlisle Pike,
Mechanicsburg (Silver spring Township), Cumberland County,
Pennsylvania 17055.
10.
The Township of silver spring, as Condemnor, files
-3-
TONHSHIP OF SILVER SPRING
A RESOLUTION
OF THE BOARD OF TONHSHIP SUPERVISORS IN AND
FOR THE TONHSHIP OF SILVER SPRING, CUMBERLAND
COUNTY, PENNSYLVANIA, AUTHORIZING THB
SELECTION, CONDEMNATION AND APPROPRIATION OF
CERTAIN INTERESTS IN CERTAIN LAND SITUATED IN
THE TOWNSHIP OF SILVER SPRING FOR THE
CONSTRUCTION, INSTALLATION, USE, OPERATION,
REPAIR, MAINTENANCE, RENEWAL AND REPLACEMENT
OF A PUBLIC ROAD OR STRBET, AND AUTlIORIZING
THE FILING OF A DECLARATION OR DECLARATIONS
OF TAJ(ING AND ALL NECESSARY ACTION FOR THE
ACQUISITION THEREOF.
WHEREAS, the TONHSHIP OF SILVER SPRING (hereinafter called
"Township") is a Township of the Second-Class situated in
cumberland county, Pennsylvania, and
WHEREAS, said Township hae developed and created a land use
and zoning ordinance which includes a zoning district known as
Enterprise District which is located generelly along both sides
ot carlisle pike, a busy and dangerous state highway ot arterial
characteristics, which District requires limited intersections of
new public roads with said carlisle pike, and
WHEREAS, eaid Township has been presented with various
development plans tor a tract of land on the northern side of
said carlisle Pike opposite an existing intersection of a public
townShip road (Appalachian Drive, T-57J), and
WHEREAS, said Township acting by and through its Board of
Township supervisors (hereinafter called "Board") has carofully
considered possible proposed accesses of public roads or streets
EXIIIBlT
to serve said tract ot land in k..ping with ite land ue. and
zoning requirements and the satety ot til. aotoring and p.d.strian
traffic entering and leeving said tract and the sat.ty ot high
volume vehicular traftic using said Carli.le pike, and
WHEREAS, eaid Board believ.e the public safety end w.lfare
will be enhanced and best protected by the creation of a public
road or street to intersect from the north eid. of Carlisle Pike
at a location directly opposite the .xisting intersection of
Appalachian Drive IT-57J) with carlisle Pike, and
WHEREAS, it is necessary thet said Township acquires and
secure. the necessary ea.e.ent and riqht-of-vay in, over, across,
under and through certain land. in said Township for the purpo.es
ot constructing, installinq, using, operatinq, repairinq,
maintaining, renewing and r.placing said public road or street,
and to install or p.rmit to be installed above-ground and
underground public utilities, aunicipal service. and .torm
drainage facilities, and
WHEREAS, said Town.hip has developed a plan ot the nsces.ary
land, ....ment .nd right-Of-way which will contain and
accommodate the propo.ed public road or str.et, which plan has
been prepared by pennoni A.sociat.., Inc., (hereinafter called
"Township Engineer"), a true copy ot which is attached hereto
marked "Exhibit A" and incorporated herein by reference thereto,
WHEREAS, the land being the subject of this proceeding is
owned by DONALD E. FAILOR and RUTH E. FAILOR, his wite,
-2-
EXIIIBIT I
(hereinafter called "Fallon") who reside at 298 Ridg. Hill Road,
. Mechanicsburg, PA 17055, and
WHEREAS, said Township has been unsuccesstul in negotiating
the acquisition of the nec.seary easement and right-of-way from
the Fa ilore, and
WHEREAS, pursuant to The Second Class Township cod., Act of
May 2, 1933, P.L. 103, a. am.nded (53 P.B. 565101 et ..q.), the
Township is authorized and .mpowered to acquire and secure such
titls, easement and right-Of-way and oth.r inter.sts in and to
said lands through eminent doaain proceedings;
NOW, THEREFORE, on motion duly made, second.d and duly
. pass.d by .aid Board, b. and it is hereby
RESOLVED I
SECTION 11 The foregoing title, preamble and paragraphs are
incorporated herein by reference thereto.
SECTION 21 This Township hersby selects, condemns and
appropriate. those premis.. shown and ..t forth in "Exhibit A",
said land. being owned by Failors.
The nature and ext.nt of the title, .as.ment and right-
of-way to be acquired under this Section 2 are as followsl a
permanent .a..m.nt and a free, uninterrupted and unobstructed
right-Of-way in, over, across, upon, under and through the
premises shown and designated on the aforemention.d plan
("Exhibit A"), for the purposes of presently and perp.tually
thereafter, installing, constructing, operating, maintaining,
-)-
r.pairing, renewing and replacing a public road or etre.t and/or
permitting the con.truction and in.tallation of .uch publio road
or .tr.et, tog.th.r with all right. of ingre.., egreu. and
regre.. in, to, over, upon, and through .aid pr..i.e. for the
full and complete u.. by the Tovn.hip, it. .ucce..or. and
as.ign., ot the .aid .a....nt and right-of-way and for the
ex.rci.. of .aid right. and privilege. to in.tall, con.truct,
operate, maintain, repair, reneV and r.place .eid publio road or
.treet, and further together with the right. and privilege. to
con.truct, install, operat., .aintain, repair, renew and replace
and/or permit the con.truction, in.tallation, op.ration,
.aintenance, repair and replace.ent of publio utilities and
munioipal .ervic.. (including but not li.ited to vater, electric,
ga., telephone, ceble televi.ion, .enitary .everege and etorm
water manage.ent facilitie. and equip.ent), end to otherwi.e UI.
and maintain .aid land a. a public road or .tr..t within and
a. a part of the munioipal publio road and .tr..t .yste. of
Townahip.
SECTION 31 The Townlhip, it. Board and ita proper officers
are her.by authoriaed to file .uch D.claration. ot Taking and
suoh other pap.rs, documentl and/or proceeding., inclUding the
entry of such bond a. may be nece.sery or d..irable, and to do
and perform all other acts neoe.lary and r.qui.ite to carry out
the purposes of this Re.olution, and .aid officer. and the
Township's employees or agents ar. authoriaed and empowered to
-4-
EXIIIBIT I
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4. DIVISION D . PUBLIC ADMINISTRA nON
0. Execullve. Legislative ond General Government.
Except Finance
Executive offices
Leglslativc bodies
Executivc and legislative offices comblncd
Gcncral govcrnment. not clsewhere
c1assificd
b. JU5l1ce. Public Ordcr and Safcty
Courts
Public ordcr ond safcty
c. Public Finance, Taxation and Monctary Policy
. Public finance, taxation and monctary poUcy
d, AdmJnJstratlon of Human Resourcc Progranu
Adminimation of cducational programs
Administration of public hcolth progranu
Administration of social, human resourcc
and Incomc maintenancc program.s
AdminJmatlon or.veteran's affairs, except
hcalth and insurance
e. Adm1nistr:l\ion of Environmcntal Quality and
Housing Programs
AdminJstration of cnvironmental quality
nfsrograms
Admi stratlon of housing and urban
dcvclopmcnt programs
750.7
f, AdmlnJstratlon of Economic Programs
Administration of general economic
programs
Regulation and administration of trans-
pOrlatlon programs
Regulation and adminJstratlon of communJ.
cations, electric, gllS and other
utilities
Regulation of ugricuhural marketing and
commodities
Regulation, licensing and Inspection of
miscellaneous commercial SeCIOr5
5. DIVISION E . RETAIL TRADE (except shopping
centers larger then 50,000 square feet)
a, Building Materials, Hardware. Garden Supply
- Lumber and other building material deal en
Paint. glllSs and wallpaper stores
Hardware stores
. Retail nurseries. lawn and garden supply
stores
b. General Merchandise Stores
Department stores
Variel)' stores
c, Food Stores
Grocery stores
Meat and fish (seafood) markeu
Fruit and vegetable markets
Candr. nuu and confectionery stores
Retail bakery
Miscellaneous food stores
\.I. Apparel and Accessory Stores
Shoe stores
Clothing stores
750.8
Secllon 7 ~O.4
Area and Hulk lteaulaUonl
Dh'hlon Dlylllon Dh'lllon
A' Jl.C,D.[. F.O.
A, LoI Slu (mln,) Farm . 2~ A 22.000 SF IA
(A-acre)
B. Lot Width at
Bulldlna Setback 200' min. 100' min, ISO' min.
C. LoI Coveraae .. So/c 35% 50%(25%)'"
0, Carlisle Pike Setback .. SO' SO' SO'
E. Front Setback .. 35' 35' SO'
. F. Side Yards .. :!O' 10' 25'
O. Rear Yardl " 35' 20' 30'
H. Heiaht JS' 35' 45'
3 Ilorlll 3 Itorlel 4 lIorlea
.
DlvilloN as lIS1ed In "Use RegulatiON"
Definltlon applies as per Aniele 11. Section 102, DefinltloN and
Interpretations for the exi~tins S!lver Sprina TO'.\'TIthlp Zonlna Ordinance, In
addlllon. within the Enlerptise District. all parcell with a )'ard adJacenlto the
Carlisle Pike Ihall conform to Ihe Carlisle Pike setback defined above, All
yards adJacent to Ahernate Access Houtea shall be defined as front yards,
See Section K . Warehnme /lelulatlnns.
..
...
750.13
Secllon 750.5 Olher Requlrenltnll
A. ~
I. Screening shall he required al loading areas. outdoor
mechanical equipment, garbage dumpsters, outdoor
lIorage or vehlclel where such Itora,e II contlnuoul, and
leasonalltems and other are lIS and temslU required bn
the Town~hlp Supervisors, ScreenIng requlremenu sha I
he separate rrom and In addition to burrer )'ard
requirements.
2, Screening materials shall Include:
a. Plantlngs which shall have 100% opaqueness at
malUrll}' and 50% opa~ueness at time or planting.
See .flInLLJ.u...A, in th s ordinance, ror approved
screen plant material list; or
b. Earth berm which shall have a minimum height
or Ihree reel (3') with 3:1 maximum side slopes;
or
c. Fence or wall or brick, stone or wood which shall
have a minimum height or six reet (6') and 100%
opaqueness.
3, Screeninf. materials may be used Individually or combined
to errecl vely screen are lIS and Items as required.
4, Screening male rials shall be located adJacent 10 Itenu to
be meened.
B, orr.Street Parking
I.
orr.meet parking shall be prohibited within required
burrer yards,
Orr.street parking shall be p:rmJlled within the front
setback. Carlisle Pike setback, side yard and rear )'ard,
which are in addition \0 burrer vards, \lith the restriC'lion
lhat a minimum width Dr fiCleen reet (IS') adjacent 10 the
lIreet rlght.or.way line sholll be maintained lIS grass Dr
a planted area.
2,
750.14
0, Township Direclional Si~n ne~ulatlolll
1. TOWlUht directional sl~ns shall he required at
intersect on of Feeder Roads and the Carlisle Pike, on
Feeder Roads 01 the Intersection of Alternate Accen
Route and at IntervlIls alona the Carlisle Pike.
., TQ\\'lUhlp directional signs shall provide In/ormation on
...
lhe name of Ihe Feeder Roads, Ihe nume of commercial
cenler or complex, name of office ceOler or complex.
name of wholesale cenler or complex and directional
arrows,
3. Township directional slins shall be the property of the
Township and the Township shali be responsible for the
production. erection, modincatlon II nd maintenance of
Ihe slans.
4. Property O\\lIell shall submit sign inlormatlon to the
Township for review by the Planning Commlnlon.
S. Desl,n criteria for Township directional sllns shall
conlorm to Penn DOT Tille 67 Transportation Chapter
23, 23.742 and 23.743 Advance Street Name Slln.
E. ~
I, Use Identincation sllns shall be prohibited within
required buffer l'ards, front selbacks, Carlisle Pike
selbacks, side yards and rear yards.
2. Use Identincatlon signs shall be pennJued within the
buildable site area and on the bulldinl facades.
3, Desl,n criteria for use Identification signs shall conlorm
10 tht rr'1ulremenlS outlined In Anlcle 800, Supplemental
reJUlatlons, Secdon 817 of the Sliver Sprin, Township
Zorlng Ordinance.
4, The developer/landowner /tenanlshall be responsible for
manufacture, erection, modllicalion and maintenance of
Use Idcnlincalion Signs,
S, Sign message and structure shall be revlewed and
approved by the Sliver Spring TO\\lIshlp Supervisors,
7SlJ.16
8, The Uatl placemenl of required planl mllerlallhall be
the ded.lon of each develoher utepl Ihallhe followlnl
require menu Ihall be lIIII led:
.
a. Clur I'Shl Iflanaln Ihall he ~rovided al allmeel
and driveway Inlmecllo",. Ilhln Ihe clear I'ahl
Irlanalu, no vlllon obSlruclln~ Ob/eell lhall he
permilled which exceed a helg I 0 Ihlrry Inchel
(30") above Ihe elevalion of Ihe Inlmecllna
IIr..\5. Such Irianaln ,hall be ntabll,hed from
a dillanee of:
(I) Seventy.rive feet (75') from Ihe poinl of
Intmectlon of Ihe centerllne al Feeder
Road, and al Ahernllle Acms Roules.
(2) One.hundred flhy feel (150') from the POlnl
of Inteucclion of Ihe cenlerllne 1\ Ihe
Carlisle Pike and Feeder Roads.
b. No planl malerlal ,hall be planled closer than two
feet (2') to a property line.
c, No planl mllerial ,hall be planted clam than
fifleen feel (15') from driveway, and alleYI.
d. No planl mllerial ,hall be planted c1o,er Ihan \eD
feel (10') from utility pol II.
9. The area of Ihe buffer yard nol planted with planl
material ,hall be planled with eran or around cover.
10.
The landowner/developer shall b~ mporulble for Ihe
continued maintenance of Ihe buffer vardl which ,hall
be kepi clean of all debril, liller, rubbish, weeds and Iall
iflll.
II.
No SlrUClUrcl, lmpemoul pavement, loadlns or unloadlna
are us, oUldoor llOrale or vehicular parklna shall be
pennlll~d In Ihe buffer yard.
12.
Orick walls and fenm are nOI allowed In buffer yard..
750-19
rRON T YARD
.urrER YARD
,
.
I
:1
i
...
.
..
..
:1
.
..
.
::t
....
PUDER lOAD rn2l
CO.'nIOL ~,
. 'I ( ~
TYPICAL DEYELO....EHT
ENTER......E DISTRICT
IMO' ... ~.... rl
750-24
,
tABLE A
tlI STIIIG
ADJACENt LAIID USE DIVISIOII OR
lOllING DISTRICT
OIVISIOII DIVISIOII DIVISIOII DIVISIOII CARLISLE FEEDER R-l R-IO
A B,t, , D E r , G PIKE ROAD THP:11 .
R-9 R-II
AG, r 0.\ t.\, t-2 H.\, M-?
C. '. 1 NS MR
!
-
"'''' . 1 I . 1 . 1 1
-
..
- .
CI
101 !C1
~ -oe I 5 4 2
'" ? 3 2 3
-u
~g .. .
-Ill
CI
,.j-
'"
CI- I:
101:- CI
"'- -
fCl "'''' 2 , 4 5 5 4 4 3
-
f ..
-
CI
!~
-
"'... 3 5 5 5 6 6 ~ 5
-
>10-
-
CI
'"
.
. No ~uffer yard reQuired
750.25
PLAut U ST . A
scml! BUmR tHECTIVE
YARD HEIGHT
~
DEC I DUDUS TREES
Ac,r pl.t.nold.1 . \0'
t1orw.y H. pl.
Acer ruhrum . ao'
R.d H.ple
Ac,r lice he rum . aD'
Sugar H.ple
C,rclrllphyllum jeponlcum . aD'
Ketlure.trtt
Fre.lnul em,rlc.n. . 10'
Am,rlc.n Alh
Glnko bllob. . In'
Glnko 'melt only)
.
Gl.dltlle trlec.nthOI In.rmll . n'
Hon.ylocult
Gymnocledul dlolcul . U'
r.,ntucky Cofftttrtt
H,tel,quol. glyptoltroboldtl . 10'
Dewn Rtdwood
Plttenul occld.ntelll . 10'
Am,rlcen Plen.tr"
Qu,rcul ecutllllm. . 71'
Sewtooth Oek
Qu,rcul Imbrlcerle . ai'
Shlnrh Oek
Qu.rcul Ptlultrll . RO'
PI n Oek
. Qu,rcul p.,.l1ol . ...
W1110w Oek
Quercus rubre . 10'
R.d O.k
TIlle .m.rc lene . ...
~,l'Ic.n L Indtn
,
750.27
SCREEU BUrrER [FFtCT I VE
YARD HtlGHT
T 11 II cord. tI . 60'
Llttl.l..f Llnd.n
T II II .uchlorl . 40'
Crlmtln L Ind.n
Tll II tomento.. . 10'
SIlv.r LInden
EVERGREEN TRtES
Abln concolor . -0'
Ilhlte FIr
AllIn frllerl . SO'
Fras.r FIr
Ch.m.ec~p.rls obtuse crlppSI . \0'
Gold.n Inokl Cypr."
.
tryptom,rl. jlponlc. lobbl . :ll'
Lobb Cryptom.rl.
Plctl .bln . ISO'
Norw.y Spruc,
Plctl omorlh . flO'
Serbian Spruce
PI Ctl punl.ns II 70'
Colorado pruc.
Pic.. pun"ns I"UC' . eo'
Colorldo lu. prUCI
Pinus montlco" . 10'
W,stlrn Whit. Pin.
P I nus strobus . ISO'
WhIt. Pine
. Pinus s~'v'strl. . I 15'
Scotch inl
Pinus tllunhervll . . 15'
JIP.n,s, Bl.ck Plnl
750.28
SCREEN . BUFFER EFFECTIVE
YARD HEIGHT
PIIUdOllUfl la.lfol1a . 70'
, Doughl F r
.
Tluga c.nld,nltl . 80'
C.n.dl.n Hemlock
hug. CI ro" Inl . 10'
C.rol1n. Hemlock
~R~TORY TREES
IIClr c.mptllrl . 10'
Hldgl K.p"
IIcer glnnl1l . 20'
Amur Kaple
IIcer grlseun! . 20'
. P.Olrbark KIP"
flcer p"l11alum . \I'
J.panl.. H.ph
Amllanchl.r canadenll. . . II'
Shadblo~ Servlceb.rry
Belu1l nigra . ao'
R h.r II rch
C.rplnul carol1nlana . 3D'
Amlrlc.n Hornbeam
Chdrlllh lulu . n'
VI 11 o~wood
Cornul ~ou.. . \I'
Y.OUII Dog~ood
Cornu. "'II . to'
Cornel1an Chlrry
. Cratllgu. cru,'gall1 Inlrllll. . . '0'
Thornll" Cock.pur Hawthorn
Cralalgu, phaenopyrum I . 10'
Wa.hlngtDn Ha~thorn
750.29
SCREE N BUmR HFECTlVE
YARD HEIGHT
[le.eonus engustlfolle I I IS'
I' RUlllln Ollv,
" ~o,'r,ut'rle oenlculete . 26'
.
Golden Rein Tre.
Helu. speclts . 20'
CralJ.pple.
Ostry. vlrg'n'ana . W
Am,rlcen Hopnornb,em
Prunu. .errulete . 25'
Jepene.. flow,rlng Ch,rry
Pyru. c.l',ryene Bradford k 3D'
B red ford Pur
Sop~ore Jeponlce . . 31'
Chln,.e Scholertr"
. Syrlnoa emur,nsl. j.ponlca . k IS'
Japenea. Traa LIlac
SHRUn
DECIDUOUS SHRUBS
Aronl. erbutlfolla . . 6'
Red Chokeberry
Au leu spec 111 . . Ylrtu
An leu
Berberis t~unbergll . . I'
Jap.ne.e Barberry
Cornus .lba slblrlc. . . I'
Siberian Dogwood
Cornus urlcu . . It
Redosler Dogwood
Cotoneaster aplculat. . . 3'
. Cranberry Coton,.st,r
75().30
SCREEtl aUmR EHtCTIVt
YARD HlIGHT
"
, Cotonllstlr ,"lcl'o'la . . . '
.. Wlllowlla' Cotonl.stlr
[uonymul alatul . . \0'
III no.d [yonymUI
[uonymul alltuI complctul . . .'
Complct Burning BUlh
Forlythtl 'nt,rmldll . . .'
Bordlr Forsythia
Forsythll IUIP,nsa I . I'
IIllplno Forsythll
Hlmlmllll vlrnllls . . 10'
Vlrnll IIltchharll
llaustrum vulOlrl . . 7'
COlllllon Prlvlt
.
Myrica p.nsylvanlca . . I'
. lIorthlrn nlyherry
Prunul ollndulOSI . . a'
Flowerlno Allllond
ROil ruoo.. . . I'
R.rt Ruga.. ROil
Spl rtt bumll da . . )'
Spl r..
Spl r.. nlpponlCI Snowmound . . "
Snowmaund Spl rtt
Splrla vlnhoutttl . . 8'
Vlnhouttl Splrll
Symphorlclrpal .lbl . . r'
Coral blrry
. SyrlnOI chln.nsls . . .'
Chi n.1t L I lac
'. Viburnum burkwpodl K . ,.
Bur~wood Viburnum
750.31
SCREtH BurrER ErrtCTIVE
YAIID HE I GHl
.. Viburnum elrl,sl 4'
. I
,- Fragrlnt Vlrburnum
..
Vlrburnum d,ntltum . . '0'
Arrowwood
Viburnum opulus . . .'
Europ.ln Crlnb,rrybush
Viburnum prunlfollum . . 10'
Bhekhlw
Vlrburnum tom,ntosum . . 12'
Doubl.fl', Viburnum
EVERGREENS SHRUBS
tI.. sPlelu . . V. r lit
Holll..
. Juniperus species verI"
. .
) Jun I pers
Klhonll IQulfollum . . .'
Or'gon Grlp'ho"y
Pl,rla jlponlel . . S'
Jlplne.. Plerls
Pinus montlnl mug;us . . 3'
Mugho Pine
Rhodod.ndron sp,eles . . vlrln
R lIodod,nd ronl
TI.us bleeltl r,plndens . . 3'
Spreldlng English Yew
TIKUI eUlpldetl . . varIn
Sprudlng Yew
Viburnum rhytldophyl'um . . \0'
: Leath.rlelf VIburnum
~
750-32
,.. MAf2l (CONT'D)
A looation map hal 1110 been inoluded in the apprlll.l for the purpo.e of
identifying the looational feature' of the property II It relatel to the eMitting
road ayatem.
OWNERSHIP:
Property ie owned by Donald E. and Ruth E. Failor, I' reoorded In Deed Book
27.K, Page 179 on Beptember 7, 1977.
6ft'-A. ANALYSIS:
Subjeot area is looated in South Central Pannaylvlnia Ind Inoludee
Cumberland, Dauphin, Perry and Northern York Counties. The area is one of the
most strategioally looated areas In the Eutern United States and the mljor
oenter for food distribution in the Middle AtlantiC market region which containa
over 40 million people, 1/6 of the national population.
.
Freight and rail services to the area are eMoellent. More than 38 truoking
lines msintsin terminala in Harrisburg which is looated at tha hub of the Esst.
West and North.South 11nes of the Conrail Railway, making the area ideally
.ituated for Itorage in trsnsit benefits. The Conrail Rsllwsy alia operatel s
large freight ollslificatlon yard in the ares.
Convenience to major cities is very good with highway distanoe as followSl
Baltimore 86 miles, Philadelphia t03 miles, Weshington tOO miles, New York City
185 miles snd Pittsburgh 200 miles, Oettyaburg 36 miles, Allentown 81 milel and
Lanoalter 28 miles and Harrisburg 20 miles.
Employment opportunities in the area are good. The State of Pennsylvsnie
employs 36,000 area workers. Harrisburg being ths State Capitol and the U.S.
Oovernment employs another 14,000' I most of which serve ths two large supply
depots, the Army Suppll Depot at New Cumberland and the bhlp's Pal'ts Contl'ol
Depot in Meohsnicsburg.
According to information provided by the Central Penn Business Journal,
FebrUary, 1993, lome of the largest employers in the Harr18burg Area inolude AMP,
Ino., Harshey Foods Cot'poration, Pennsylvanh Blue Shield, 01lnt Food Btores,
Ino., CapHal Health System, Heroo, Inc., Polyolinic Msdical Center', Haraca
Corporation.
\",J
~ AREA ANALYSIS: (CONT'D)
The economio ball of thl! area 11 dlverl1f ild and utendI from It rang
government, IIrvice I'ehted and transpol'hUon faoilities to oommeroial and
indultrial uses. Unemployment rates are consistently lame of the lowelt reported
in the area. Thla ie due in the malt part to high Btate and Federal Government
Employment, al well as, eKpanding private aeotor uaea of diatribution and offioe
faoHitiel,
In lummal'y, the el'eea location with reapect to the Eastern United Statea,
the presence of convenient highway, all' and rail transportation and the presence
of State and National Employment opportunities have reaulted in bright proapeots
for oontinued growth in the Harrisburg Standarda Matropolitan Statistical Area.
l.ANlU
.
Irl'egular ahaped tract con81at1ng of 2.403 acrea with 366.23' frontage
along the north aide of Carlisle Pike, Frontage is level with road grade elong
the east portion and at the macadam driveway entrancea and along the weat portion
of the traot. Land ia terraced above grade at the front area at the dwalling.
Lot 11 nicely landacaped surrounding the dwelling with macadam driveway and
parking aree at tha rear of the dwelling and at the garage area. Rear of tract
18 l1ghtly wooded area with gran and stoned area surrounding the stOlle barn.
LEGAL DEBCRIPTION:
ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township,
Cumberland County, Pennsylvanla, more psrticularly bounded and deacribed 18
follOWS, to wit:
BEGINNING at an iron pipe on the Northern right-of-way line siKty (60) feet
of U.S. Aoute ", looally known ea the Itarr1Bburg Pike, which pipe 1& 825.13
fut, me88ured North seventy-eight (78) degrees forty-one (41) minutes fifty (60)
seconds West from the East property line of the land now or formerly 01 Clarenoe
R. Sunday and Ada A, Sunday, acquired from Frank S. Sponsler, etuK. by deed dated
the 12th day of Mar'ch, 1947, as recorded In tile office of the Aecorder of Deeds
in and for the County of Cumbel'land in Desd Book "Moo, Volume 13, Psge 141 i thenoe
by uid Northern right-of.way line North seventy.eight (781 degrees forty.one
(41) minutel fifty (60) leoondl WSlt 360.14 'aat to an iron pipe on said northern
right-aI-way linei thence by land now or lormerly of Clarence A, Sundey and Ada
A. Sunday, North thirty. three (33) de{jl'eea forty-five (45) minutes East 242.26
feet to all iron pipel thence by aame North fifteen (15) degrees five (6) minutes
Ealt 171,29 feet to en iron pipel thence by .ame South siKty"seven (67) degreel
'W
. LEGAL DESCRIPTION: (CONT'D)
tourteen (141 minute8 Ee8t 222.42 teet to an iron pipe; thenoe by aame South (0)
degree8 thirty.two (321 minute8 Ea8t 109.74 feet to an iron pipel thenoe by 8ame
South five (6) degree8 forty. tour (44) minute8 twenty (20) eecond8 Wu t 244.43
feet to an iron pipe, the plece of BEGINNING,
CONTAINING 2.403 ecre8 and having thereon erected a 8tone houee, 8tone and
frame barn and other improvemente.
BEING DESCRIBED according to a survey dated April 17, 1963, by Thomae AlVin
Neff, Regi8tered Survoyor,
BE I NG tho sarno prom18os wh ich Ai'1 hilI' R. Rupley and MUd/'sd Ga tos Rupley,
hia wife, by their doed dated September " 1973 and recorded in the Office of the
Reoorder of Deeda of Cumbarland County, Pennsylvania, in Deed Book 26, Voluma I,
Page 946, granted and conveyed unto Robert L. Goodall Company, Inc. judgement
d.btor and real owner.
SEIZED, TAKEN IN EXECUTION and to be 801d a8 the property of Robert L.
Goodall Company, Inc., judgement debtor and real owner.
.
HAZARDOUS MATERIALS:
In thie 8ppraisal aeeignment, the existence of potential hau/'dous material
u8ed in oon8truction or the maintaining of the building or the gase8 found 1n the
environment (8uch 08 the preeence of urea formaldehyde in8ulation, toxio wa8te
and/or redon g881 which mayor may not be pre8ent 1n the property has not been
oona1dered. The apprai8er i8 not qualified to deteot such substanoe8. I urge
the olient to retain an expert regarding these mattere.
NEIGHBORHOOD ANALYSIS/TRENDS:
Carl18le Pike (U.S. Route 11) between Camp lUll to the eest and Carlisle
to the weat, 18 one of the fastust growing commercial locations in the West Shore
area. There are a variety of commercial establishments including motels, mobils
home parka, automobile agencies, restauranta, aeveral strip shopping centers, a
large K.Mart Center, 2 additional shopping centers and a new ahopping center at
Clr1111e Pike and Route 114. There are several large truok terminals located
Ilong Carlisle Pike due to the exoellent acoess to Interstate Routes 1,61, 1.83,
1.76 (Pennsylvania Turnpike), a8 well as, U. S. Routes 11, 16 and 22,
~
.
NEIGHBORHOOD ANALYSIS/TRENDS:
(CONT'D)
Prioee vary within the noighborhood and depend on the type of property end
its exiating uae. Generally houaing prices range from $06,000 to in exoess of
$160,000, with ages ranging from new \0 In excess of 75 years, with typioal age
being 20 to 30 years. Residential rentals range from $460 to $860 per month.
Commeroial and industr ial uses range In pl'ica f I'om $500,000 to $3,000,000.
Commeroial, industrial and warehouse rentalB range fl'om $3.00 to $12.00 per
square foot, depending on the size of the rental units and the services inoluded.
The srea has buen consistent in maintaining property values with tho vaoancy rate
in the area to 5 . 10%.
PlanninlJ, zoning and restriotions for the al'ea permits a mixed blend of
uses which are favorable to the naighborhood. Properties qualify for all types
of finanoing with mortgage money available for residential, oommeroial and
industrial/warehouse properties through numeroua lending institutions, as well
as, possible assistanoe through Cumberland County Industrial Development
Authority.
Area is improving due to proximity to Carlisle, Meohaniosburg Naval Supply
Depot, the State Capitol at Harrisburg and the expanding West Shore area.
.
BUILDINGS:
Dwellina: 2~ story stone farm dwelling, approximately 200 years old,
oonvarted into an office building. Building was remodeled and upgraded over the
yeara. Dwelling h8B an eaphalt shingle roof, approximately 5 years old,
galvanized and aluminum gutters and downapouts and aluminum storm windows.
Basament: full oement basement, outside cellar entranoe, ooncrete floor,
floor drain, electrio hot water heater, water atorage tank, oil fired, forced hot
air furnaoe, central air conditioning units.
1st Floor: large double front office with 1 stone and 1 brick fireplace,
2nd office with 1 stone fireplace and rear office with stone fireplsce, suspended
ceilings with recessed fluol'escent !lghts and wall to wall cal'peting. Wood
panelled employee's lounge with wood cabinets, stainless steel sink and wall to
wall carpeting.
2nd Floor: 4 wood panelled off ices, suspendad oeillngs, wall to wall
carpating, 1 fireplace and 2 powder rooma.
Attio: unfinished sttio.
~
. VALUATION PROC~SS AND SCOPE or APPHAISlli
The purpose of this appraissl is to estimate the market value of the fee
simple title to the property. The goal of the valuation prooe88 18 a well
dooumented and supported value conclusion that reflecta the appreiser's study of
,II faotora that influence the market value of the property being appraised. In
order to do thl8, the appraiser usually studie8 a property from three different
view points which are typically known as the thr'ee approaches to value. They al'a
88 followa:
1. The Cost Approach whereby the current cost of reproducing or
replacing the improvements le88 the 10S8 in value from dapra.
oietion equels a depreciated cost of Improvements, the value of the
land is added to arrive at an indication of value.
2. The Sale Comparison Approach is that approach to value
whereby the property is compared to other reoent Bales
of comparable properties to arrive at an indication
of vslue.
.
3. The Income Capitalization Approach looks at the earning power
of the property, its Inoome or anticipated future benefits
and oapitalizea this into an indication of value.
Information for' the application of the three approaohes to value 18 ob.
tained from the market through research and analysia and it should be noted thst
the approaohee are interrelated. Separate indioations of property value are
uaually derived from each approach. These approaches to value will be oonaidered
in the following aeotion of this report.
Market Analvsis and SDecial Considerations:
In the valuation prooess I market faotors which relate direotly to the
marketability of the property were oonsidered & included the following:
1. The ourrent supply of new and uaed space of equal or
auparlor quality which is currently available in the Greater
Harrisburg al'ua.
2. Rent conce88ions which are currently available in oompeting
spaoe presently for lease.
I."J
3. The availability of vacant sites which would permit construotlon
of new faol1ltiea.
..
COST APPROACIi:
Approach through which an appralBer dprlvea a value indication of the foe
limple Intel'88t In a PI'OII&l'ty by eollmatlng the cUI','ent coat to constl'uct a
reproduction of 01' roplacomont for tha axIBl1ng st ,'uotura, daduct10n of sll
evidence of acol'uad dl/pl'ech 110n f I'om t he COIl new of the "ep"oduot ion or
replaoement Itruotul'e, and adding the osl1malll land v81ue plus an antl'epreneurlal
proUt. (Diotionarv of Real Estate Allpf'a16al. Second [dHion. Pauv 721,
Replacement cost will be used In thiS sppralsal ond may be definod OS:
Tho oost of conetruction, ot curront pricel, of 0 building having utility
equivalent to the building boing appraised but built with modeI'll materiala and
aooording to ourrant standards, dQBign and layout. lDictional'v of Real Estlte
Aporaisal Second ~~~ Paoe 2641~
The COlt Approach Is baaed on the proposition that a knowledgeable buyer
would not pay more for a proparty than tha cost of building e nl/W property of the
lame utility This is elpecially true when the property baing apprailed is new
and reprel8ntl the highelt and belt UBI of the site, It may oleo apply when
thlrl II'I Ipecialized or unusual improvements on a site for which there are
. llmi led oomparable sales. Th18 also Assumn t here Ie no unusual time delay.
The COlt Approach to value consists of the following stepa and inoludes the
valuation of the land,
1, Estimate the value of the land as though vacant and available to be
developed to ite highest and best use.
2. Estimate the replacement coat of the building on the affective date
of appraisal.
3, f.Ume" the amount of depreciation in the atructure including phy.icsl
deterioration, functional obsoleacenca and l/xtl/rnal obsoll/acance,
4. Deduot tha ystimatad dapraolation from the raplacemant ooet of
the Itructura to aatimata tha buildinge contribution to value,
5, f.timate the dl/praciated cost of other struotures & site improvement.
6, Add the depreciated velue of bUildings, other etruoturee and elte
improvements to the eite valul/ to arrive at an indloation of value
by the Co.t Approach.
u
--
.
~
COMPARABLE SALES
ADJUS1MENT~U-
Indio.ted Prioe Adlultld
811.. Per Ba t Ft. Looation JmDrov,mlnt. HMI Pria.
NI .211 + iJ. 00\ .0- +4.10\ $2.08
2 3.12 ll5\ .0. .0. 2.03
3 .76 +2.00\ +80\ .0. 1.115
4 1.111 .0. .0. + 8\ 2.00
6 2.30 26\ .0. + 10\ 1.116
S.11 NI: Inferior loo.tion, prop.rty .old in ll1BB under S.lel Agreem.nt with
arlntee p.ying monthly p.ym.ntl on exilting mort gig. plu. t.x...
S.le N21 Superior loo.tion, corner lot.
S.le N3: Limited 100e.I, no improvement. on .ite, l.rge .mount of gr.ding
rlquired, right.of,wlY IcrOSI property.
Slle N41 V.lue inore..ed .ince purohl.e.
8.1e N51 Superior looltion, oorner lot, vllue inot'el.ed .inoe puroh....
After IdJUltment. for time, locltion, improv.ment. .nd oth.r .m.niti...
indio.ted price per Iqu.r. foot of l.nd i. $2.06.
. COBT APPROACH
BEfORE VALUE
Replaoamlnt COlt
4,IGB Iq.tt, " SaIl.OO . SU1,480
Poroh..
400 Iq, f t , " SilL 00 . 4/800
m2,aeo
LIII Dlprl01ation
PhYl10al fiO\
(AgI and deferred maintenlncl)
funotional 20\
(Inourablea Ind floor plan)
Eoonom10 WI
(Rural area for off10eel
80\ .181,8U . 48,400
Oarlgl . Btorlgl
432 aq.ft. (I $18.00 . . 8,1112
Lila Dlprl01ation
. Phye10al 25\
(Age and dlferred ma1ntlnanol)
funotional 10\
(Floor phn)
Economio -:.2.;.
35\ . . 1.'18 4,4113
Barn
3,860Iq.ft, (I $24,00 . . 1l2,840
Mllk HoulI
140Iq,ft. III $10.00 . 1,400
8110 (No Value) . -0-
. 114,040
L.I. Depreo1ation
Phy.10al 60\
(Ag. and d.ferred maint.nano.)
funotional 20\
(Ovlr1mprovement for 2 acrel of hnd)
Eoonom10 5\
(MlIphoe imp,'ovwnhl
. 85\ . . r~,lIu 14,108
W D.prloi.ted Value of Improvementl S 011,01111
.
.
.
~
UORtBABE eQUITY CAPITALI~ATION
71\ MORtBABe, &1 INTEREST, 20 YEARS
elUl IJ.Q1i
BAll.
~l!I BHTED
8W
Mortgag. .76 x .111& . ,OS31l
Equity ...ll. x ,10 . ...w.g
Weighted Average 1.00 ,108&
Le.. Credit for I:quity Build.up, ,76 x .0176 . .JUJ.1
Be.io Ratl Full Term ,0&118
With no Ixpeotation of depreoietion or apprloiation, indioated value would bl:
Net Inooml Beforl Rloapture $27,7811' ,01168 . $2811,022,66
(ROUNDED)
$290,000
.
OVlrall oap1\lljllt~on rite 0'-,0960\ fOL.JQu1ty vieldl 0' 9\ to 18\
B YEAR PROJECTIO~
n
Ylald R r D1f liB \ of Chlnoe
II ,01lD8 ,011211 .00211 .1671 1.74\ Depre011tion
III .01lD8 .1012 . .0054 .ID74 . 3.43\ Appreoht1on
16 .01l&8 .101l6 . .0137 .1483 . 11.23\
18 .01l68 .1178 . ,0216 .13118 '15.59\ .
10 YEAR PROJECTION
. n
Yhld R r D1f 118 \ of Chlnaa
II ,01lD8 .0926 .0032 .01lD8 4,86\ Depreo11t1on
12 .01168 .1019 ,0081 .0670 .10.70 AppreohUon
lD ,01l68 .1111 .01ll3 .0493 .31,03\
18 .0968 ,1200 ,0242 .0425 .68.94\
'"
.
~YS15 or GAP 11'flL1ZA1'10N hAT/.: OF' 9. 'H~
I'roBpfICts for yield on eqUHy investlllent, a&liuming purchaee at
apprftiud Vnlllf' nnd typical lllortgagE' finunclng nt 75" of value
full y amort! zed in 20 years, by level Illonthl y ins tallmenh at
9.~".
Ye.n 0 1 2 3 4 5 6 7 0 II 10
r-r fi 50"
40'Ao
-- --1_]'--- ~\",',~
30"
20"
.
9'Ao
I 10",
+
! Appreciation
eprfIClet10n
t
---.- __110"
120"
-
i
Apprehed
\.18 I
..-----
17'
~~._-
-
!30"
\
40'Ao
-..- .-...-- ....---. -- .--.
..__. ._.\.._J~o"
I
60'1'
AT tND or 5 YtARS AT END or 10 YEARS
Equity Yield If Property Value If Properly Value
Wip !!e
9" Declina! 1.74' Declines 4.86"
12' IncreueI 3.43" Inerene. 10.70"
15" " 9.23" " 31. OJ"
V l~ " 15.59' " 56.94"
'" i&.E~ COMPARI80N-Af~~1WKli.LmJlM.ru;
lh. Appro.ch t1woullh whloh In IPI1I'I1I1I' UII'lvII I vllue !rUllOlllOIl
oomp.rlll11 the proptr'ly 10 b. Ippr.lud 10 11mlhr 11I'0perUII thll II.v, bnn .old
r.o.ntly, .pplylng .pproprl.l. unlll of complrllon .IlU mlklllg Idlullmvnl., bllld
on the el.mlnll of comp.rllon, 10 the I' Ie prlc' of comp.r.bl'l,
III Ipplylng the 6.188 Companion Approa(;h, Ihe AplJlIIIVl' la~.. Ih.
10110wlng .tePI:
I. R....roh.. Ih. m.rkvt Illd 111.ote the .elle Illd/or lllllllgl
of prop.rllll mOlt comparlb!e to the propvrly b.lng .ppr'llld,
O.n.r.lly, Ih. mOil ourrenl and 11mlllr comparlbll 1.1..
prove 10 ba Ihl bell Indle.lorl of Iha vIlua of tha properly,
2, Collaell and VDI'Hlul dala "n Dftuh 6th"tu(1 IJI'ol'nlY'1 IIlllng
and hlllng 11I'1c8l, uatf18 01 salt, phYII"al dHhrun"u,
100.llon81 ehlreetDrl6110B Hnd Any apuclal cundltlunl,
3. AnalYI.1 .nd comparaa ..ch properly with Iha lubllCI II 10
tlm. 01 lal., looallon, phYllo.1 chlrlcl.rll110l, condlllon.
01 .al. alld olh.r dlff.renoel,
.
4. Adlu.t. the lal.1 or 11allllg prIce of v.eh con~.r.bl. for
dlffer'M" b'lw..n II .nd the property, AdJullmunll H'
b...d Oil markll 1~lraollonl andior judUlmlnl,
5. Reoonoll.. the Idlu.l.d prlc'l of Ihv compar.ble prop.rll"
Into .n Illdlcatloll of value for Ih. property belllg .ppr'111d.
In In effort 10 II'!'lvl at value Indlcallone hy Ihu aalll Comp."hon
Approloh, ..I" ot f....on.bly 81mllar pl'oplrll88 In IlJl'/'oundlnll .1'111 w.re
etud1ed.
Num.roul ..111I 1'181'8 Iludlad, at well 81, CUl'I'8111 HIIIIIUI alld PI'Ollll'l111
under aontr.ot, Only Ih, mOil comparable 8Ilee hayt heln IIIhCltd fur 11I(;lulloll
In thlt r.porl, VerUlelllon of III.. Intlll'mllllln wllh ""ltlll', Uralllllf', u,'alll..
.nd oourlhoulI f'UCOI'dl Wlf't COfHluclocl W1181'8 POUlhlu, SpecIal at t811110n 1'1"
given to ttrml of Ilia .nd Ipeclal condlllonl 10 dtlarmllle Ihal Ihe Ir.nllollonl
w.re 'arml Itnglh",
~
Each oomp.rable proplrly wal compared to Ih. lubj8nt pl'oplrly Ind
adlultmenll wal'l mad, for IlunHlcanl rlltfa/'ollcn, lhl adJilllll1 price IIf lIeh
comparahle indica I,d a valua range tOf' tl10 8UhllGI "Ioloh waa th81\ I UC"''';I Jud lnlo
a Ilngl. valut Indication vii Ih, SalOl Comparl,"n Approach,
.
MARKET STUUY ~O~PARAaLE SALta (CONT'DI
Improv.menu
J. Hepford, etuM.
Hlrrleburg Hoepltll
006 Stlte ROld, U.S, Route 11.10.
Mary.vlllt, PI.
2 .tory brjo~ retlll .tore/offlo..
oontlln. 6,200 .q.ft.
1 101'e.
June 10, 111112.
$200,000,
(4) Orantor
Orante.
Looa tion
Lot 111t
Oat. aold
Contid.rat1on
Prlo. p.r Iq,Ft,
01 llu11dlng
$40,32 .
COMPARABLE SALES GRID
ADJUSTMENT ORIQ
Indloated Prlo.
. P.r Iq,Ft, of Lot Adlu.t.d
8al.. BUllQlnO Locat1on Imorovem.ntl 'Ht Pr io'
/11 $611.84 .'0\ .20\ +30\ '611,84
/12 88,11 .10\ .10.. +130\ 12.10
/113 13.01 .10\ .20.. +ao\ 611,38
114 40,32 .1.20\ +26\ +20\ 70,06
Slle /II: Superlor locltlon, improvement. tuperlor, .m.lltr lot.
Bile /121
Slle /13:
Slle /141 Infll'lor 1001110n, lnftl'lcll' Improvementt, am.1l II' lot.
After .dlu.tm.nt. for 100111011, condition of Improvemtnt. and oth.r
amenitl.., a valu. of $70,00 ov.rlll prlcu p.r .q.ft. of dwelling 1. lndloat.d,
4,'30 Sq.rt. , $10.00. $289,b20
ttJ
InOUNUlUI $280,600
'"
APPRAISER'S CERTIFICATION
I have re.earched the subject market area and have .elected a minimum of
three reoent 881es of properties most simllar and proximate to the .ubl eot
property for oonslderation ln the sales compar'hon analysh and have made
IdJu.tmente when appropriate to ,'eneot the market reaotion to th088 !tems of
signifioant variation. If a sign1ficsnt !tem in s oomparable proper'ty 1&
.uperlor to, or more favorable than, the subject property, I have made a negative
adlu.tment to reduce the adjusted sal88 IlI'ice of the comparable and, if a
.ignificant item in a comparable property is lnferior to, or less favorsble than
the subleot property, I have made a positlve adjustment to increase the adJuated
..le. price of the comparable.
I have taken lnto consideration the factore that have an impact on value
in my development of the estimate of market value in the appraiaal "eport. I
have not knowingly withheld any signiflcant information from the appralsal report
and I believe, to the best of my knowledge, that all statemante snd lnformation
in the appraisal report are true and correct.
.
I ststed in the apprahal report only my own personsl, unbiased and pro.
teulonal snalysia, opinions and conclusions, which are subject only to the
contingent snd limlting condltlona specified in this form.
I have no present or prospeotive interest in the property that is the
subject of thi. report, and I have no present or prospeotive personal interest
or bial with respect to the participsnts in the transaction. I did not bale,
either partislly or completely, my analysis and/or the eltimate of market value
in the appra1&al r'eport on the race, color, religion, lUX, handicsp, famll1a1
atatua, or national origin of either the prospeotive owners or occupants of the
sublect property or the pre.ent owners or occupants of the properties in the
vicinity of the subject property.
I have no present or contumplated future interest in thu sublect property,
and neither my current or future employment nor my compensation for performing
this spprslsal ls contingent on the appraised value of the property.
I was not required to report a predetermined value or direction ln value
that favora the cause of the client or any related party, the amount of the value
eatimate, the attainment of a specific reault, or the occurrence of s aUbaequent
event in order to recelve my compensation and/or employment for performing the
sppraisel. I did not base the apprsisal report on a r'equested minimum valustion,
a specific valuation, or the need to approve a apecifio mortgage losn.
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41 Article Numb.r
P 512 052 203
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3 A,lleI. Add..II8<iTir-------.----...
Ricllard C. Sne1baker, ~quire
44 Weat Main Street
Mechcnicsburg, PA 17055
I 0 slgllal~: (A'.....lI/j U.,'!, I ..1-.,
X ( .tiLI'." J /~ ((),f ~
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PS Form 3111, December 1994
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alltl'.e /. paid)
I el.o WI." 10 rec.lvl Ille
folloWIng ..lVie"lfo, In
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I ,~,II:'!R"lI1n RICe/pI RfqlJtlttcl' 00 Ih. mailpi.~ btlo'lt the ,rtlel. numb.,.
. · the ~ltum Rte'illl WIN tho'lt 10 rrflGm th, .lttell. 'ltlt ddv.r.d end Ih, dllo
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,3. Artlel. ddr... 10'
David II. Stone, ~quire
414 Oridge Street
New Cunner1l1lnd, PA 17070
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UNITED STME' POIlAL SERVICE
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Polltge & F'.. Peld
uSPS
P,rmll No. 0.10
William L. Sunday, Eaquire
39 West Main Street, Suite .1
Mechanicsburg, PA 17055-6230
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IN REI OONDEMNATIOO EASEMENT AND RIGHT-
OF-WAY WITHIN LANDS OF OONALD E. AND
RUTH E. FAILOR IN SILVER SPRING TOWNSHIP,
CUMBERLAND COONTY, PENNSYLVANIA, BY TilE
'l'O.'lNSHIP OF SILVER SPRING roR TilE CON-
STRUCTlOO, INSTALLATION, USE, OPERATION,
REPAIR, MAINTENANCE, RENEWAL AND
REPLACEMENT OF A PUBLIC ROAD OR STREET
I IN THE COURT OF ca-lMOO PLEAS OF
1 CUMBERLAND COUNTY, PENNSYLVANIA
I
I
1
1
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1
1 NO. 94-3137 CIVIL TERM
1
1
1
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1
I IN REM (EMINENT DOMAIN)
1
DONALD E. FAILOR and RUfH E. FAILOR,
PlaintiCCs,
va.
TOWNSHIP OF SILVER SPRING,
Defendant
REPCm' OF VIIN!R9
it) mE IDDWlLE, 'nil! Jt1DGF.9 OF SAID enml
The undersigned Viewers respectively reportl
IIIB'latY OF 'nil! CASE
1. on June 10, 1994 the Township of Silver Spring, a Pennsylvania
municipal Townahip of the second class, organized and exiating under the laws
of the COI11l1Onwealth of Pennsylvania (hereinafter "Township"), filed a
Declaration of Taking to the above term and number condemning the lands of
Donald E. and Ruth E. Failor, at 70a6 Carlisle Pike, Silver Spring Township,
to acquire and secure easements and rights-of-wIllY for the construction,
installation, use, operation, repair, maintenance, renewal and replacement of
a public road or street.
2. On June 10, 1994 the Township filed its Bond, without surety, to
secure just compensllltion to the Condemnees.
3. On June 10, 1994 the Township filed a Memorandum of Recording to the
above term and number.
4. On July a, 1994 the 'I'ownship filed an Affidavit of Service to the
above term and number.
5. On July 12, 1994, Donald E. Failor and Ruth E. Failor (hereinafter
CondenVlees) by their attorney, David II. Stone, Esquire, filed Preliminary
Objections to the Declaration oC 'I'aking.
6. on July 21, 1994, Hichard C. Snelbaker, Esquire, Solicitor of Silver
Spring 'I'ownship, filed Motion to Quash Preliminary Objections.
7. On July 25, 1994, JUdge Bayley, issued a Rule to Show Cause why the
Preliminary Objections should not be quashed, and made the Hule Heturnsble at
Ar\lument on Wednesday, AU\lust 17, 1994, at 3130 p.m. and required that Briefs
Ihould be dllivered to his chambers not later thllln Monday, August 15, 1994.
B. 0'\ August 15, 1994, Richlllrd C. Snelbaker, 1'ownship Solicitor filed
Condemnor's Brief in support of Motion to Quash Preliminlllry Objections.
9. 0'\ August 17, 1994 at 1010B s.m., David 11. Stone, attorney tor
Condemneel, withdrew the Preliminary Objections.
10. 0'\ March 13, 1995, Richard C. Sne1bsker, 1'ownship Solicitor, filed a
Petition for Appointment at a Board of View on behslf of Silver Spring
1'ownship, the Condemnor.
11. On March 14, 1995 Your lIonorable Court appointed Wi11illlm L. Sunday,
Chai t'1Tl!In , Samuel Acri and Edwin T. fanus, Jr. as a Board of View in said
matter upon the Petition of Richard C. sne1baker, Esquire, attorney for the
CondlflV1or.
12. On June 26, 1996 the Board of View aerved Notice of View and Notice
of Viewer's Hearing to be held on August 23, 1996 at 11100 o'clock a.m. and
1100 p.m. respectively, on Richard C. snelbaker, Esquire, sttorney for the
CondlflV1or, snd on David II. Stone, Esquire, attorney for Condemn"l, by
Certified Mail, Return Receipts Requested. A copy of ssid Notice of View IIlnd
Notice of Viewer's Hearing and the Return Receipts therefor are sttached
hereto.
13. On August 19, 1996, David H. Stone, sttorney for Condemnees, advised
William L. Sunday, Chairman of the Board of View, that Donald E. Failor, one
of the Condemnees, had a triple bypass on August IS, 1996 and that he will
not be svaillllble for the View and Hearing until November or December.
14. On Septemer 16, 1996 the Chairman was advised by David H. Stone,
Esquire, thst the last week at OCtober would be good to reschedule the View
snd Hearing.
15. On September IB, 1996 the Chairman was advised that Lester G.
Connor, the Condemnor's expert witness, would not be available until after
November 6, 1996.
16. On october 9, 1996 the Board of View served Notice of View and
Notice of Viewer's lIearing to be held on November IB, 1996 st 11100 o'clock
s.m. IIlnd 1100 p.m. respectivP'ly at' Richard C. Snelbaker, Esquire, attorney
for Condemnor, IIlnd David Il. Stone, Eaquire, attorney for Condemnees, by
Certified Mail, Return Receipts Requested. ^ copy of said Notice of View and
Viewer's Hearing and the Return Receipts therefor sre hereto attached.
17. A View of the premises was held by the Board on Monday, November lB,
1996 at 11100 /I.m., at the site, and was attended by the meniJers of the Board
of View, llichard C. Snelbaker, attorney for the Condenmor, together with John
E. Freilino, Township Manager, Daniel Flint, Township Engineer, Jan LeBlanc,
1'0wnSldp Supervisor, Lel!ter G. Connor, David H. Stone, attorney for the
Condemnees, Donald E. Failor, one of the Condemnees, Reynold R. Woof, ,1r. and
Donald S. Failor.
lB. The Hearing was convened at 1:00 o'clock, p.m., 0/1 NoveniJer 10, 1996
in the Hearing Roan in the Old Court Bouse in Carlisle, PA. William L.
Sunday, Esquire, Samuel Acri and Edwin T. Fanus, Jr., the membera of the
Board of View presided. Richard C. Snelbaker, Esquire, attorney for the
Condemnor, appeared together with John E. Freilino, Township Manager, Daniel
Flint, P.E., Township Engineer, Jan LeBlanc, 1'ownship Supervisor, and Lester
G. Connor, apprsiser. David H. Stone, Esquire, attorney for Condemnees,
appelllred together Idth Donald E. Failor, one of the Condemnees, Reynold R.
Woof, Jr., sppraiser, snd Donald S. Failor.
19. All of the witnesses were sworn.
20. The Viewer's Bearing was continued st spproximstely 4:30 p.m. to be
reconvened st an availsble time and plsce.
21. On November 19, 1996, in accordance with telephone conversations,
the Hearing wss set to recon~ene at 10130 o'clock s.m., on Tuesdsy, November
26, 1996 in the Hearing Roan, on the 2nd Floor of the old Court House.
22. The Hearing was reconvened ss scheduled with all the attorneys and
witnesses present.
FINDINGS OF FAaf
The Plaintiff-Condemnees and Defendsnt-Condemnor entered Stipulations
through their attorneys at the Hearing as followsl
BTlPUlJ\TICRJ
1. The date of the taking is June 10, 1994.
2. The Condemnation Plan attached to the Declaration of Taking is the
Viewer's Plan in the proceeding.
3. No payment hillS been made to the Condemnees.
4. The Condemneea have paid appraisal fees and attorney's fees in
excess of Five Bundred ($500.00) Dollars.
In addition to the facts set forth in the History of the Case and the
StipUlations, the Viewers make the following findings of factI
1. Condemnor condemned an easement and right-of-way in a portion of the
lands of the Condemnees for the construction, installation,
operation, maintenance, repair, renewal and replacement of s public
road or street.
2. Condemnees' land lies within the Enterprise District ("ED") under
the Silver Spring Township Zoning Ordinance.
3. Condemnor condemned a somewhat triangular parcel of lsnd contsining
19853 square feet at the southesst corner of Condemnees' Isnd slong
the north side of Carlisle (US Rt 11) Pike.
4. The subject property is improved with s 2\ story stone
dwelling/office building, a stone and frame barn, a garage/office
building, a silo and s milk house.
5. The owners of record are Donald E. Failor and Ruth E. Failor.
6. Prior to the taking the subject property contained between 2.296
acres and 2.403 acres of land.
7. Prior to the taking the old stone dwelling and the garsge located on
the subject premises had been converted Into office building and the
barn was used for storage.
8. The subject property is served by an Individusl well, an on-site
septic system, public electric and telephone.
9. The highest and best use of the premises, both before and after the
taking, was for a Commercial/Office site.
10. Donald E. Failor, one of the Condemnees, testified as followsl
a. That the Condemnees acquired the property in 1977.
b. That shortly after acquisition the stone dwelling was
damaged by fire snd thereafter the building was renovated.
c. Thlllt the stone dwelling/office building was rented to
Computer Link for four (4) years at a monthly rental of
$1600. plus utilities.
d. That shortly after Computer Link vacated the building he
rented the property to his son for $1000. per month but the
son did not pay the rent in cash but renovated the stone
dwelling/office building in lieu of cash rent.
e. That the building has been vacant since his son moved out
before the taking and is presently used for storage.
f. That the zoning limits the use.
g. That the taking affected the property in the following
manner!
1. Removed the driveway
2. Decreased the highway frontage
3. Access must be from rear of the property
4. That permitted uses of the barn are unknown.
h. That Mr. DiSanto owna the surrounding lands on the north
lide of the Carlisle Pike.
i. That in his opinion the value of the subject property
immediately before the taking and as unaffected thereby was
$400,000.00 and in his opinion the value thereof
inmediately after the taking and as affected thereby was
$200,000.00 with resulting dan~ges of $200,000.00.
j. That frontage on the Carlisle Pike is il1txJrtlllnt and the
1011I of frontage affects the value of the property.
k. Q'\ cross-examination the witness testified as follows I
1. That the barn was never rented.
2. ~'lat the garage which had no heat or water was rented
for four (4) months until the rent check bounced.
3. That he has not applied for a highway access permit for
access on the west side of the dwelling/office
building .
4. That the subject property has become a corner property
since the condemnation.
5. That he has not offered the property for sale since the
condemnation.
11. Donald S. Failor, son of the owners, testified as followsl
a. lie is a Real Estate Broker operating under the name of
Stratford Realty who owned and operated a real estate
agency in his father's property in Shermansdale, Perry
County, Pennsylvania prior to opening an office on the
subject property.
b. He rented the subject property in the summer of 1990 at a
monthly rental of $1000.00 per month.
c. That in lieu of paying the monthly rent in cash he repaired
and improved the stone dwelling/office building as followsl
1. Added a brick landing.
2. Added another door.
3. Re-carpeted the whole house/office.
4. Painted the house/office walls.
5. Did a little wiring.
d. Ile used the stone dwelling as an office and used it as the
main office in mid 1991 with 8 to 10 independent agents
working at the site.
e. He continued to use the Shermansdale property as a real
estate agency, a used car and modullllr homes sales.
t. He also used the subject property as a title insursnce
agency office.
g. The independent agents started leaving the subject property
for various reasons snd the office was closed in late 1993
or early 1994 prior to the taking.
h. Ile paid for utilities and oil, everything but taxes, while
he OIIlintsined the office at the site.
1. 'lllllt he had two potential renters for the subject property
at the time of the hearing.
j. Ql cross-examination the witness testified as follows I
1. The witness signed a Site Plan Waiver on May 23, 1990
for permission to operate a real estate sales office at
the subject property and a permit for said use waa
issued on June 15, 1990.
2. 'fhe agents that worked out of the subject property were
independent contractors and not employees or agents of
Stratford Healty.
3. Donald E. Failor did not Hst the subject property for
sale but was quoted in the newspapers as Offering the
property for sale to DiSanto or the County at the time
when the independent agents were leaving Stratford
Healty.
4. There are three (3) levels of flooring in the first
floor and s couple of different levels of floor on the
second floor of the dwelling/office building.
12. Reynold R. Woof, Jr., an appraiser whose testimony must be weighed
by the Board of View, testified on behalf of the CondelMees as
follows I
a. He inspected the subject property.
b. In his opinion the value of the subject property
immediately before the taking and as unaffected thereby was
Four Hundred Five Thousand ($405,000.00) Dollars and that
the value immediately after the taking and as affected
thereby was 'l'wo Hundred Seventy-eight Thousand
($278,000.00) Dollars with resulting damages of One Hundred
'l'wenty-seven Thousand ($127,000.00) Dollars.
c. The said values were as of June 10, 1994, the date of the
taking.
d. The witness considered the Cost Approach, the Income
Approach and Direct Sales Comparison Approach in
determining his opinion of value.
e. The before land value for the Cost Approach was determined
to be $298,480.00 (rounded to $300,000.00) using six (6)
adjusted comparable land sales at $130,000.00 per acre
times 2.296 acres.
f. The cost of reproducing the improvements on the subject
site as depreciated at a rate of 77% was $103,953.00.
g. The before value under the Cost Approach of $403,953.00
(rounded to $405,000.00) was determined by adding the
before land value and the depreciated value of the
improvements.
h. The witness gave the Cost Approach strong consideration.
i. The before value of the property under the Income Approach
was determined to be $394,334.00 (rounded to $395,000.00)
using six (6) leases as comparables, considering a vacancy
and rent loss of 16% and capitaHz1ng the net income at
0.094463\.
j. The Building Hesidusl Technique was also used to determine
the before value snd the value thereunder was determined to
be $401,931.00 (rounded to $400,000.00)
k. The before value of the property under the Direct Sale
Comparison Approach using four (4) aales as comparables was
determined to be $420,240.00 (rounded to $420,000.00).
1. The witness gave the Income and Direct Sales Comparison
Approaches moderate consideration.
m. The witness allocated the before value of $405,000.00 as
follows:
Improvements
Land
$105,000.00
300,000.00
n. The CondelMor took 19853 sq. ft. of land of which
approximately 160 feet was frontage along the Carlisle Pike
and extending approximately 243 feet in depth along the
eastern property line.
o. The Enterprise District provisions of the Silver Spring
Township Zoning Ordinance prohibit access from the Carlisle
Pike except at designated control points.
p. The witness considered the following elements of damagel
1. Taking of 19853 sq. ft. of land.
2. Removal of the only access to the site and the site's
direct access to the Carlisle Pike.
3. Loss of any access to the site until the roads to be
built are completed with an estimated construction time
of three (3) months.
4. Reduction of the site's buildable area due to increased
setback requirements caused by the addition of the two
streets slong the eastern and northern property lines.
5. Cost of installing a new access drive from the rear to
the existing parking area.
q. The elements of damages and the loss in value of the
property were analyzed and computed as followsl
1. The taking of 19853 sq. ft. @ $2.98 per sq. ft.
amounted to $59,162.00.
2. The loss in the ren~1ning site value resulting from the
loss of direct access to the Carlisle Pike was computed
to be $46,747.00 using direct sales of vacant land
considered to be comparables indicating a diminished
land value of 14.91t.
3. The loss in rental income until the new road and new
access road to the site are completed will amount to
$9,312.00. (Three (3) months at $3,104.00 per month.)
4. The loss resulting from the loss of buildable area was
computed to be $6,115.00.
5. The cost to install a new 190 foot driveway 20 feet in
width will be $5,700.00.
6. The total damages are $127,036.00 (rounded to
$127,000.00) .
1:'. The after value of the subject property under the Cost
Approach is effected by the diminished value of a smaller
tract and the increased adverse economic effect on the
improvements due to the diminished desirability of the
improvements.
I. The land value under the Cost Approach is $110,000.00 per
acre baaed on a 14.91% loss in value cauaed by the removal
of direct access to the site from the carlisle pike with a
resulting after land value of $202,400.00 (rounded to
$200,000.00) .
t. The rental value after the taking is estimated to be about
30\ less and the economic depreciation increased to 32.5\
increasing the total to depreciation to 84.5% which results
in reducing the value of the improvements to $70,055.00
(rounded to $70,000.00) after the taking.
u. Under the Cost Approach the after value of the property is
$270,000.00.
v. Under the Income Approach the after value of the property
is $2.79,242.00 (rounded to $280,000.00) due to the 30\
reduction in rent.
w. Under the Building Hesldual 'l'echnique the after value is
$279,831.00 (rounded to $280,000.00).
It. Under the Direct Sales Comparison Approach the after value
i. $294,168.00 (rounded to $295,000.) due to a 30\
reduction in the value per square foot.
y. The strongest consideration was gi ven to the Cost Approach
in reaching the aftsr value at the subject property.
z. on cross-examination the witness testified as followSI
1. That he inspected the property at least six (6) times
between Msy 1995 and July 6, 1995.
2. He considered the dwelling to be an office building I
the barn to be a barn and the small building to be an
office building.
3. He did not inspect the interiors of the compsrables.
4. That the office building was considered as an office
building for a !lingle tenant but it could be used by
groups after excessive renovations.
5. That the porch has fallen down since the taking.
6. That the stone dwelling/office building is in IIverage
condition but does not comply with the American
Disabilities Act.
7. No used car sales or modular sales uses were developed
on the site.
B. Corner lots are worth more than interior lots.
9. The 2.296 acreage is the personal computation of the
witness after removing the area taken by PennOOT.
10. The witness made adjustments to the Marshall swift Cost
Manual of unit values.
ll. The witness used the Marshall Swift Cost Manual for
landscaping for a corrmercisl property for grading snd
seeding.
12. The stone dwelling/office building and barn was built
in 179B.
13. The witness considered the single tensnt use of the
building as an office ss Functional Obsolesence.
14. The witness could not find any barn compsrables to
support the barn rental figure.
15. All of the Direct Sales Comparison properties were
conveyed sfter the dste of the taking snd, except for
the fire house property, are commercial buildings
constructed for the uses for which they sre being used.
16. The squsre footage of the house/office, the barn and
the small building/office is 10560 square feet all
valued at $40.00 per square feet.
aa. en redirect exsminstion the witness testified that he used
the Cost Approach because eighty (80%) percent of the value
of the property was in the land value.
13. Lester G. Connor, s MAl, SRPA, ASA appraiser whose qualificstions
were stipulated, testified on behslf of the Condemnor as follows I
a. That he prepared an Appraisal Heport.
b. That he inspected the subject property and sttended the
View and there have been no chsnges.
c. The appraisal was made as of June 10, 1994, the date of the
taking.
d. In his opinion the value of the property on the date of the
taking and as unsffected thereby was 'l'wo lJundred Ninety
Thousand ($290,000.00) Dollsrs and in his opinion the value
of the property immediately after the tsking and as
affected thereby was 'l'wo lJundred 'l'Wenty-one Thoussnd Five
Hundred ($221/500.00) Dollara wi th reaultin\l uamagu of
Sixty-eight Thousand Five Ilundred ($68/500.00) Dollars.
e. The higheat and beat uae of the atone buildin\l 18 its
ex18ting uae as an office building. That the highest and
best use of the barn and garage is for atora\le, parking and
garage with no income therefrom.
f. Personally measured all of the buildings.
g. lie used the Cost Approach just for an indication of market
value.
h. The Cost Approach is not the primary approach because the
building is over 200 years old and you cannot figure
depreciation on a 200 yea~ old building.
1. The witness in considering Cost Approach used five (5)
comparables to determine the before value of the land and
then prepared a \lrid to adjust for location, improvements
and time.
j. After making the adjustments the witnesa arrived at an
indicated value of $2.05 per aquare foot or $89,298.00 per
acre (rounded to $89,000.00).
k. For the Coat Approach the witneAs computed the replacement
cost, uaing the Marshall Swift Book and his own experience/
less depreciation of the buildings to be $65/055.00.
1. The witness determined the before value under the COllt
Approach to be the total of the depreciated value of the
improvements/ plua the depreciated value of the macadam
driveway and parking area, plus the value of the land to be
$294/638.00 (rounded to $294/500.00)
m. The witnesa determined the before value of the property
under the Income Approach to be $289,822.55 (rounded to
$290/000.00) using a gross rental value of $8.50 per square
feet lesa vacancy and rent loss, the fixed expenses, and
r.aerve for replacements and then capitalizing the net
income of $27,765.00 before recapture at .0958%.
n. The witness did not consider any rental income for the barn
as a warehouse.
O. The witnesa considered four (4) comparable properties in
arriving at his before value under the Market Approach.
p. After making adjustments for location, improvements and
size the witness computed the before value under the Market
Approach to be $70.00 per square foot times 4136 equare
feet (the area of the stone dwelling/of fice building) or
$289,520.00 (rounded to $289,500.00).
q. The witness put the greateat weight on the Income Approach
followed by the Market Approach and concluded the before
value to be $290,000.00.
r. The witness repeated the same processes after depreciating
the value of the property by 30\ as a result of the taking
and concluded that the subject property had a vslue of
$221,500.00 after the taking with resulting damages of
$68,500.00.
s. The witneas then broke down the damages as followal
1. 19853 sq. ft. of land taken @ $2.05 .
2. Loas of Macadam Driveway
3. Loss of Signs, trees and landscaping
4. Depreciation of Dwelling/Office, Barn
and Garage $75,500.00 @ 30\
$ 40,700.00
4,500.00
650.00
22,650.00
TOTAL
$ 68,500.00
t. Following the condemnation the Condemnees have a corner lot
and eventually a traffic light will be installed which will
improve access.
u. On cross-examination the witness testified as followsl
1. The frontage in the Deed is 368.14 feet and the
frontage on the Viewer's plan is 355.23 feet.
2. The witness used the frontage of 368.14 feet and 2.403
acres as set forth in the Deed.
3. The barn is in the same condition as in June of 1994
and the barn is in poor condition because of its age,
it's filthy, and the condition of the walls lire poor.
4. He knew that the Condemnees rented the shop for $100.00
per month and got stuck with the rent.
5. He considered the Wal-Mart property to be a corner lot
rather than an interior lot.
6. He considered the Rahal purchase to have a superior
location because it is closer to a school on a well
traveled road in a developed area which ia closer to
Camp Hill and a higher populated area.
7. He thought April 13, 1990 was the date of the Deed from
Donald E. Failor to Groco Limited Partnership and he
adjusted for time.
e. Bertrom W. Olley was a member of the Uarvest Church,
the grantee, but his other partner was not a menper of
the church and it was an arm lengths transaction.
9. The depreciation in both appraisals are about the same.
10. Historic significance of the tavern has no effect on
the witness' sppraisals.
11. In the Cost Approach Before Vnlue ths witness used the
square footage set forth in the Deed.
12. From hie experience the fair rents1 value of the Office
Building is $8.50 per sq. ft.
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It IWnt.'RIf\m1 AICIlpI R<<llMtH"onlht mlHpItcI below lhtIrtlefe nurrber.
Ii IThe RIlIIn Recllpl wi. .now 10 Mwmtht ,rUd.WlI dt'IYlftd andlhl d,t,
i d11ly.rod
I ~. Articl. Add.....d 10: 4.. r1I
. Richard C. Sne1baker, Esquire
44 W. Main Street
..
Mechanicsburg, PA 17055
I .110 wI.h to rlC.lv. 111.
following ..rvle.. (lor .n
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PB Form31U, o.c..1U
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P 512 U!lc: 'I.' /2
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US POSlill Sl!r\'I{:O
Receipt for Certified Mall
No hlSllfaf\( 0 ClJVlnaqo f'rlj\ilc!i>tl
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_44 -1'/ ._Main.st.reet...
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..Mechan1cabur L. PA 17055
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t . 'Complll. "1m. 3. 41, and 4b,
I 'P~nI~, name and addrtll on thl revertt ollhl. torm 10 thai WI efln Ilium It..
card 10 you.
tAnec:h lhillonn to the tun 01 the mallplKe, Of on IhI bldl II IfJlce dot, not
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. I IWnt,'Rtlum R<<tJpf R~UI.,td' on U.. maUptcI below the .rtlcle nUlri>lr
Ii IlhI Rlllln Receipl wlU thow 10 whom thl artld. we. d.htll.d and the dll.
& dIIIVOIod
13. rtIc I r...ed 10:
. David Il. stone, Esquire
414 Bridge street
New Cumberland, PA 17070
,
liVid By: (Pltnl N.me
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I 6. Slgn.lu..: (Add,..... 0( Ag.nl)
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PS Form 31", Declmber 1994
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P 512 U!,2 <''/3
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I al.o wllh 10 "cllva 111.
loIlowlng llNie.. (lor .n
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Con.ult po.1m8l1er lor I.., I
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4b, 61 e. W'
o R.gl.ler.d II C.rtlfied
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o Rllum ROC8Ipllor Merchan<lse D COO
7.0.1.0 .lIv,ry
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6. Add......'. Addr8l. (Only /I requ8Ilsd
.nd I.. I. p.'d)
us !'m.L11 St'r\dll'
Rocelpt for Certified Mall
Nu IflliuliHIL~ ('!VI.'ldiltJ Pltl\ldt'd
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f.fi,-;-(i()" -. . -- _. .... .' -. .----- -_._~-
David.!!. Stone, Esquire.
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New Cumbeda d,
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FILED-OFFICF.
OF IF" f:'PO'fIIONOTNW
91 ~1Ir, 22 PlI 31 :tl,
CUM2~r-:I./\\:D COUlflY
PEN~ J!lYIVAI~I^
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STIPULATION AOAINST LIENS
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THIS AGREEMENT made the
.,11
~..- day of t7~
, 1994,
by and between DON CLITES, t/d/b/a CLITES DES ION AND
COIlSTRUCTIOII, of B South lIanover Street, suite 202, carlisle,
cumberland county, Penneylvania, hereinafter referred to as
"CONTRACTOR", and WULIAM E. MACK and DANA J. MACI, husband and
wife, of 693 South Middlesex Road, Carlisle, cumberland county,
Pennsylvania, hereinafter referred to as "OWNER", whereby the
former undertook and agreed to erect and construct a dwelling
house on premises situate in South Middleton Township, Cumberland
county, Pennsylvania, more particularly described as Lot No. 69
as shown on Final Subdivision Plan for Phase 4 of The Oaks as
recorded in Cumberland county Plan Book 66, Page 65, which lot
fronts on the southern side of North Pin Oak Drive.
NOW, THEREFORE, THIS AGREEMENT WITNESSETHl That the said
CONTRACTOR, for and in consideration of the sum of One ($1.00)
Dollar to him in hand paid by OWNER, the receipt whereof is
hereby acknowledged, and the further consideration mentioned in
the agreement aforesaid, for himself and his subcontractors, and
all parties acting through or under him, covenants and agrees
that no mechanic's liens or claims shall be filed or maintained
by him or any of them against the said buildings and the lot of
ground appurtenant thereto for or on account of any work done or
materials furnished by him or any of them under said contract or
otherwise, for, towards, in, or about the erection and
construction of the said buildings on the lot above described,
and the said CON1'RACTOR, for himself, his subcontractors and
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