Final Draft Petition For Conservancy Reading Rail

Filed and Attested by the
SCIOLI TURCO, INC., & 915 SPRING : Office of Judicial Records

GARDEN ASSOCIATES, LP, : COURT 21 JAN 2021
OF COMMON 12:04 pm
PLEAS
E. MEENAN
: PHILADELPHIA COUNTY
Petitioners, :
vs. : CIVIL TRIAL DIVISION
:
PHILADELPHIA & READING RAILROAD :
CO., and READING INTERNATIONAL, INC., : January Term, 2020
:
901 SPRING GARDEN STREET :
PHILADELPHIA, PA 19123 :
OPA/BRT: 875101750 : No. ____
:
Respondent. :
:
ORDER TO SHOW CAUSE
AND NOW, this ____ day of _____________, 2021, upon consideration of the
Petition for the Appointment of a Conservator for the property located at 901 Spring
Garden Street, Philadelphia, PA 19123 pursuant to the Abandoned and Blighted Property
Conservatorship Act, 68 P.S. § 1101 et seq. (P.L. 1672, No. 135), it is hereby ORDERED
and DECREED that:
1. The Petitioners shall promptly:
(a) Post a copy of the Notice of Filing a Petition for the Appointment of a
Conservator at the property.
(b) Serve a copy of the Notice, Petition and all exhibits, and this Order on
the Respondent, as required by Pa. R.C.P. 400.1 and file a return of
service as soon as possible upon service. The Petitioners must
demonstrate to the Court that all necessary parties have been identified
and served prior to the hearing.
(c) Mail a copy of the Notice, Petition and all exhibits, and this Order by
registered or certified mail on the City of Philadelphia 1515 Arch Street,
15th Floor, Philadelphia, PA 19102; the Philadelphia Department of
License and Inspection at 1401 Arch Street, 11th Floor, Philadelphia, PA
19102; and the Philadelphia Gas Works, 800 West Montgomery
Avenue, Philadelphia, PA 19122. The Petitioner shall file returns of
service as soon as possible upon service. Service may also be
accomplished as provided by Pa. R.C.P. 400.1.
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Case ID: 210101327
Control No.: 21011983
(d) Mail a copy of the Notice, Petition and all exhibits, and this Order to all
lienholders and other secured creditors as identified in the Petition, by
regular or certified mail, to their last known address, and shall file a
return of service as soon as possible upon service. Service may also be
accomplished as provided by Pa. R.C.P. 400.1. The lienholders and
other secured creditors as identified in the Petition are:
No lienholders have been identified.
(e) Mail a copy of the Notice, Petition and all exhibits, and this Order to all
interested parties as identified in the Petition, by regular or certified mail,
to their last known address, and shall file a return of service as soon as
possible upon service. Service may also be accomplished as provided
by Pa. R.C.P. 400.1.
City of Philadelphia
Law Department
1515 Arch Street, 15th Floor
Philadelphia, PA 19102
Consolidated Rail Corporation

1717 Arch Street
Southeastern Pennsylvania Transportation Authority

1234 Market Street
2. As required by 68 P.S. §1104(c), the Petitioner shall file a lis pendens with the
City of Philadelphia Department of Records and a copy with the Office of
Judicial Records.
3. Respondent shall file an Answer to the Petition within 20 days of service.
4. The City of Philadelphia, lienholders, other secured creditors, and any other
party of interest” as defined in 68.P.S. §1103 may file a Petition to Intervene.
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5. A hearing will be held on , 2021 at : .M.
in Courtroom ___, City Hall, to determine whether the conditions for
conservatorship have been met, whether a conservator should be appointed,
who should be appointed as conservator and/or when other appropriate relief
should be granted.
BY THE COURT:
, J.
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KLEHR HARRISON HARVEY BRANZBURG LLP
Gaetano P. Piccirilli, Esq.
Attorney I.D. No. 93522
Monica Clarke Platt, Esq.
1835 Market Street, 14th Floor
Telephone: 215-569-3699
gpiccirilli@klehr.com
mplatt@klehr.com
Attorneys for Petitioners
SCIOLI TURCO, INC. :

8 Penn Center :
1628 JFK Boulevard, Suite 800 :
Philadelphia, PA 19103, :
:
And : COURT OF COMMON PLEAS
915 SPRING GARDEN ASSOCIATES, LP, :
990 Spring Garden Street, Ste. 100 :
Philadelphia, PA 19123 : CIVIL TRIAL DIVISION
:
Petitioners, :
vs. : January Term 2021
:
PHILADELPHIA & READING RAILROAD : No. ____
CO., and READING INTERNATIONAL, INC., :
OPA/BRT: 875101750 :
:
Respondent. :
:
NOTICE OF FILING OF A
PETITION FOR THE APPOINTMENT OF A CONSERVATOR
A petition has been filed under the Abandoned and Blighted Property Conservatorship
Act, 68 P.S. §§ 1101-1111 (2008), for appointment of a Conservator to take possession
of and rehabilitate or demolish the property located at:
901 SPRING GARDEN STREET - OPA/BRT: 875101750
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Case ID: 210101327
A hearing on the Petition for Conservatorship will be scheduled by the Court, and in
addition to this Notice, the Petitioner will provide to you a copy of that Order, together with
the Petition and any attached exhibits. A copy of this Notice (without the Order, Petition,
or Exhibits) will also be posted at the property.
YOU ARE RECEIVING THIS NOTICE BECAUSE PUBLIC RECORDS

REVEAL THAT YOU MAY BE ONE OF THE FOLLOWING:
Record Owner. If you are the record owner and want to be heard in this matter, you
must file an answer as required by the Court order referenced above. If you do not, the
court may proceed without you. A conservator may be appointed to take possession of
the property and incur expenses that will be a lien against the property. You will still be
responsible for your obligations as record owner, including expenses incurred by the
conservator. You may lose your rights through sale of the property.
Lienholder/Secured Creditors. If you are a lienholder or other secured creditor and

want to be heard in this matter, you must file a petition to intervene as required by the
Court order referenced above and may seek to be appointed as the conservator. If you
do not, the court may proceed without you. A conservator may be appointed to take
possession of the property and incur expenses that will be a lien against the property.
That lien may have priority over your lien or other rights. You may lose your rights through
sale of the property.
The City of Philadelphia. As the political subdivision in which the property is located,
the City of Philadelphia may file a petition to intervene as required by the Court order
referenced above and may seek to be appointed as the conservator.
Consolidated Rail Corp. and Southeastern Pennsylvania Transportation Authority.

As companies or public entities responsible for the provision and maintenance of certain
rail facilities, including those not within the public realm, it is believed that you ought to be
placed on notice of this proceeding.
You should take this paper to your lawyer at once. If you do not have a lawyer or
cannot afford one, go to or telephone the office below to find out where you can
get legal help.
Philadelphia Bar Association

Lawyer Referral and Information Service
One Reading Center
Philadelphia, Pennsylvania 19107
(215) 238-6333 TTY (215) 451-6197
Lleve esta demanda a un abogado immediatamente. Si no tiene abogado o si no

tiene el dinero suficiente de pagar tal servicio, vaya en persona o llame por telefono
a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se
puede conseguir asistencia legal.
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Asociacion de Licenciados de Filadelfia
Servicio de Referencia e Informacion Legal
One Reading Center
Filadelfia, Pennsylvania 19107
(215) 238-6333 TTY (215) 451-6197
__/s/ Gaetano P. Piccirilli__________

Attorney for Petitioners
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Telephone: 215-569-3699
mplatt@klehr.com
:
8 Penn Center :
:
:
Petitioners, :
:
OPA/BRT: 875101750 :
:
Respondent. :
:
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after the complaint and
notice are served, by entering a written appearance personally or by attorney and filing in
writing with the court your defenses or objections to the claims set forth against you. You
are warned that if you fail to do so the case may proceed without you and a judgment
may be entered against you by the court without further notice of any money claimed in
the complaint or for any other claim or relief requested by the plaintiff. You may lose
money or property or other rights important to you.
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Case ID: 210101327
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
PHILADELPHIA BAR ASSOCIATION

Lawyer Referral and Information Service
Philadelphia, Pennsylvania 19107
(215) 238-1701
AVISO
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas

expuestas en las páginas siguientes, usted tiene veinte (20) dias de plazo al partir de la
fecha de la demanda y la notificación. Hace falta asentar una comparencia escrita o en
persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus
objeciones a las demandas en contra de su persona. Sea avisado que si usted no se
defiende, la corte tomará medidas y puede continuar la demanda en contra suya sin
previo aviso o notificación. Además, la corte puede decidir a favor del demandante y
requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede
perder dinero o sus propiedades u otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE

ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
ASOCIACIÓN DE LICENCIADOS DE FILADELFIA

Servicio De Referencia E Información Legal
Filadelfia, Pennsylvania 19107
(215) 238-1701
__/s/ Gaetano P. Piccirilli__________

Attorney for Petitioners
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MAJOR NON-JURY
EQUITY ACTION
ASSIGN PURSUANT TO GENERAL
ORDER 2009-1

Telephone: 215-569-3699
mplatt@klehr.com

8 Penn Center :
:
:
Petitioners, :
:
OPA/BRT: 875101750 :
:
Respondent. :
:
PETITION FOR THE APPOINTMENT OF A CONSERVATOR
Petitioners Scioli Turco, Inc. (“Scioli Turco”) and 915 Spring Garden Associates,
L.P. (“915 Spring Garden,” and together with Scioli Turco, “Petitioner” or “Petitioners”)
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respectfully petitions this Honorable Court for equitable relief by appointing a conservator
to take possession of, rehabilitate, or demolish certain premises, and in support thereof
avers as follows:
JURISDICTION AND VENUE
1. This Court has jurisdiction pursuant to the Abandoned and Blighted
Property Conservatorship Act, P.L. 1672, No. 135, 68 P.S. § 1101 et seq. (2008) (“Act
135”).
2. Venue is proper pursuant to §1104(a) of Act 135 because the Property
(defined below) is in Philadelphia County, Pennsylvania.
PROPERTY
3. The property subject to this Petition is located at 901 Spring Garden Street,
Philadelphia, Pennsylvania 19123 (the “Property”).
4. Upon information and belief, the Property is owned by Reading
International, Inc., the successor in interest to Philadelphia & Reading Railroad Co.
(collectively, “Reading”).
5. The Property is designated with the Office of Property Assessment
(“OPA”)/Board of Revision of Taxes as No. 875101750.
6. The Property is improved with a masonry improvement/structure that was,
at one time, a rail station owned and operated by the Philadelphia & Reading Railroad
Company and/or the Reading Railroad. Upon information and belief, the rail station was
the former Spring Garden Station. For purposes of this petition, the now-defunct Spring
Garden Station will be referred to as the “Defunct Spring Garden Station.”
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7. As detailed infra, Reading is the successor in interest to the Reading
Railroad.
8. Upon information and belief, Reading is a business corporation organized
and/or existing under the laws of the State of California with a principal place of business
located at 5995 Sepulveda Blvd., Suite 300, Culver City, CA 90230.
9. The Property sits at the intersection of 9th and Spring Garden Street and is
wedged between Ninth Street to the east and a former Philadelphia & Reading Railroad
rail line known as the “Reading Viaduct” or “Viaduct” to the west.
10. It is believed, and therefore averred, that the Viaduct ran through the
Defunct Spring Garden Station and terminated at the Reading Rail Terminal. A pictorial
depiction of the Property and Defunct Spring Garden Station is set forth at Figure 1 infra.
Figure 1- Site from Spring Garden Looking North
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11. Reading has admitted that it is the fee owner of the Property and all
improvements thereon, including the Defunct Spring Garden Station.
12. Indeed, on or about July 7, 2020, in the action titled Rojs v. City of
Philadelphia, et al., Philadelphia Court of Common Pleas No. 200500250, Reading
International, Inc., “admitted” that “at all material times hereto, [it] did own, maintain,
control the property located at 901 Spring Garden Street,” i.e. the Property.
13. Further, as Reading is a publicly traded company, it must file certain forms,
reports, and documents with the Securities and Exchange Commission (the “SEC”). As
detailed in Paragraphs 35-42 infra, Reading acknowledges its ownership, possession,
and control over the Viaduct and many properties along/adjoining the Viaduct. Based
upon Reading’s public admissions regarding the Property, it is believed that the Property
is included within Reading’s claims to the Viaduct and assorted properties.
14. Despite reasonable efforts including, but not limited to, a title search and
other research with Philadelphia’s Department of Records, Petitioner has been unable to
locate the exact deed vesting ownership of the Property in Reading. However, as detailed
in Paragraphs 10-13 supra and Paragraphs 35-42 infra, Reading has acknowledged and
admitted its ownership of the Property.
PETITIONER
15. Scioli Turco is a party in interest as defined by §1103 of the Act.
16. Scioli Turco is a non-profit corporation located in Philadelphia.
17. Scioli Turco’s purpose is community development through the remediation
of blight and blighted properties in Philadelphia.
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18. This Honorable Court has appointed Scioli Turco to be conservator of
several properties within a five-mile radius of the Property, including 125 North 10th
Street, 814-16 South 19th Street, 1748 South Mole Street, 753 South 8th Street, 744
Saint Albans Street, 1727 Snyder Avenue, 1314 Sigel Street, 1525 Manton Street, and
1214 South 17th Street.
19. In addition, Scioli Turco is the successful petitioner in the matter Scioli
Turco, Inc. v. 500 Loft, LLC, Philadelphia Court of Common Pleas No. 161200232, which
involves the former Willow Street Steam Generation Plant (the “Steam Plant
Conservatorship”) located a quarter mile from the Property. The owner of the property
involved with the Steam Plant Conservatorship is currently repairing/remediating blighting
conditions under “conditional relief” consistent with Act 135.
20. Petitioner 915 Spring Garden is a party in interest as defined by §1103 of
the Act as it is the fee owner of real property within 2,000 feet of the Property. More
specifically, 915 Spring Garden is a mixed-use commercial building located immediately
adjacent to the Viaduct.
RESPONDENT AND RELEVANT PROPERTY HISTORY
21. Upon Petitioner’s knowledge, information, and belief, obtained after
reasonable efforts, the Property is owned by Reading. Despite reasonable efforts,
Petitioner has not been able to locate the vesting deed. It is believed, and therefore
averred, that Property is included in a larger deed that includes portions of the Viaduct.
OPA’s records indicate that the transfer was dated in or around March 1976.
22. Reading is a corporate entity, and thus has not vacated the Property to
perform military service in time of war or armed conflict or to assist with relief efforts during
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a declared federal or state emergency as a member of the United States Armed Forces
or reserve.
23. The Property is not held in trust for the federal government and is not
regulated under the United States Housing Act of 1937, 50 Stat. 888, 42 U.S.C. §1437
et. seq.
24. The Reading Railroad was a railroad located in southeastern Pennsylvania
and transported anthracite coal from the coal regions of Pennsylvania into Philadelphia.
25. Reading Railroad also operated passenger rail lines in and around
Philadelphia.
26. It is believed and therefore averred that the Defunct Spring Garden Station
was constructed as part of Reading Railroad’s passenger operations.
27. Upon information and belief, the Defunct Spring Garden Station was built in
the early 20th Century. For a time, Reading Railroad’s passenger rail operations at the
Defunct Spring Garden Station competed with other passenger rail operations in and
around Philadelphia.
28. By 1971, because of increased competition from highways and truck-based
transport, Reading Railroad’s fortunes declined. In 1971, Reading Railroad filed for
bankruptcy protection.
29. In 1976, large portions of Reading Railroad’s rail interests were sold to
Consolidated Rail Corporation (“Conrail”), leaving the Reading Railroad with hundreds of
real estate parcels as legacy assets, including rights of way such as the Viaduct.
30. Based upon available public records, it is believed that ownership of the
Property was retained by the Reading Railroad.
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31. Today, Reading is the successor-in-interest to the Reading Railroad and
operates as Reading International, Inc.
32. In sharp contrast to its industrial past, Reading is a private company focused
on the development and operation of movie theaters and other entertainment venues.
33. Reading describes itself as a “diversified company focused on the
development, ownership and operation of entertainment property assets in three
countries.” This includes the United States.
34. Reading’s operations include a “real estate” segment that includes “real
estate development and the rental or licensing of retail, commercial and live theater
assets comprising some 22,101,800 square feet of land and approximately 879,000
square feet of net rentable area.”
35. Reading trades on the NASDAQ as RDI and RDIB.
36. As a publicly traded company, it must report certain information to the SEC.
37. Several of Reading’s recent SEC filings are found on Reading’s website
under “Investor Relations” and “SEC filings.” In 2019, Reading reported approximately
$276 million in gross revenue. See Reading 2019 Annual Report:
https://s24.q4cdn.com/917758434/files/doc_financials/quarterly/2019/q4/q4-2019-form-
10k.pdf.
38. In its SEC “Current Report Filing”/8-K filing dated December 11, 2020,
Reading boasts that its United States “Real Estate Portfolio” includes the “Reading
Viaduct and adjacent properties in Philadelphia.”
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Figure 2 - US Real Estate Portfolio per 8-K
See Reading December 2020 8-K: https://investor.readingrdi.com/financials/sec-
filings/sec-filings-details/default.aspx?FilingId=14556767.
39. Further detail regarding Reading’s Philadelphia holdings, including the
Property reflects that Reading owns the Viaduct and “24 Taxable Parcels . . . surrounding
or adjacent to the Viaduct. Id.
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Figure 3 - Additional Detail from 8-K
40. Reading maintains ownership and control of the Property.
41. Per Reading, it has no present development plan though is in “dialogue with
the City about a potential re-development of the Viaduct.” Per Reading, all properties
along the Viaduct are “unencumbered.” Id.
Figure 4 Philadelphia Holdings per 2019 10-K
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42. In Reading’s 2019 10-K/“Annual Report” filing with the SEC, Reading wrote
to investors “[w]e also own various properties relating to our historic railroad business,
including the Reading Viaduct in central Philadelphia.” See Reading 10-K, supra.
43. Reading’s public reporting to investors paints a colorful portrait of the
company’s holdings, including the Property.
44. Yet while Reading awaits investment and/or opportunity for the Property, it
ignores the fact that the Property sits abandoned, blighted, and derelict, and has for the
decades of Reading’s ownership.
45. Due to Reading Railroad’s ongoing neglect, the Property has become a
gathering place for human suffering and desolation.
46. The conditions of blight and abandonment are discussed in detail infra. It is
worth noting that Reading has the resources to maintain the Property and has chosen not
to.
CONDITIONS FOR CONSERVATORSHIP
47. The Property has not been legally occupied for at least twelve months
before the date of the filing of this Petition. See Affidavit of B. Grossman, attached hereto
as Exhibit 1.
48. During the sixty-day period prior to the date of the filing of this Petition, the
Property has not been actively marketed, no “For Sale” sign has been placed on or in
front of the Property, nor has the Owner advertised the Property through distributed print
advertisements, print or electronic media, through engagement of a real estate
professional to place the Property in a Multiple Listing Service or to otherwise market the
Property. Id.
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49. The Property is not subject to an existing foreclosure action. In fact, per its
SEC filings, Reading’s Philadelphia properties are unencumbered.
50. Reading has not acquired the Property within the preceding six months prior
to the date of the filing of this Petition.
51. The Property is dangerous and dilapidated, covered with graffiti, debris,
garbage, and vegetation, and is open and unsecured. Id.
52. Photographs of the Property speak for themselves, as follows:
Figure 5 -9th Street Elevation, street-level trash, debris, and vegetation
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Figure 6 – Elevated/Station-level conditions, including graffiti, debris, trash, vegetation, and evidence of encampment.
Figure 7 - Elevated/Station-level conditions including encampment, trash, vegetation, and debris
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Figure 8 - Elevated/Station-level conditions including evidence of encampment
53. The Property is open and unsecured and, therefore, is (a) subject to illegal
entry and (b) an attractive hazard to children. Id.
54. The Defunct Spring Garden Station is a public nuisance and/or needs
substantial rehabilitation.
55. No rehabilitation has taken place during the previous 12 months. Id.
56. The Property has major building components that need to be replaced,
including roof structures, ceilings, wall, or floor structures, plumbing systems, heating
and/or air conditioning systems, and electrical systems. Id.
57. By way of example only, Defunct Spring Garden Station’s roof illustrates the
dire condition of the Property. Indeed, the roof, including substrate, is entirely rotted with
trees and vegetation protruding therefrom. This condition is illustrated in Figure 9:
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Figure 9 - Roof from 9th Street
58. The Defunct Spring Garden Station is unfit for human habitation. As a result
of the roof and other conditions, the Defunct Spring Garden Station is open to the
elements including rain, snow, and cold. Upon information and belief there are no utilities,
including heat, at the Defunct Spring Garden Station. Id.
59. Despite these horrendous conditions, the Property includes what appears
to be a homeless encampment on the upper, Viaduct-level of the Defunct Spring Garden
Station (the “Encampment”). Id.
60. The Property, including the Defunct Spring Garden Station, is subject to
unauthorized entry/access. Beyond the pictorial evidence shown supra, neighboring
residents and/or business occupants have witnessed individuals risk life and limb to climb
the rail-bridge from street level to gain access to the Viaduct and the Defunct Spring
Garden Station. Once on the Viaduct, the surface is uneven and has holes that a person
could fall through to the street level. Id.
61. Petitioner’s agents have witnessed individuals scale the Viaduct-bridge to
gain access to the Defunct Spring Garden Station and the Encampment. Id.
62. Reading has not taken any steps to clean, close, or maintain the Property.
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63. Evidence of drug and/or alcohol abuse is widespread and is readily
apparent from the Encampment as shown on the photographs supra. It is believed the
Property is being used as a “shooting den” for illicit narcotics. Id.
64. Being multi-level and offering seclusion from public view, the Property is an
attractive nuisance for illicit purposes, including vagrancy, drug use, and vandalism.
65. Vermin, trash, garbage, debris, and vegetation have created potential
health and safety hazards, and Reading has failed to do anything to address these issues.
Id.
66. To no avail, surrounding businesses and property owners have repeatedly
sought the help of the City of Philadelphia, Department of Licenses (L&I) and Inspections
and other local leaders.
67. The appearance and conditions of the Property negatively affect the
economic well-being of residents and businesses near the Property; decrease property
values; and cause loss of business. The Owner has failed to take reasonable and
necessary measures to remedy the appearance and conditions.
68. Per L&I, the Property is in substantial violation of the Property Maintenance
Code (“PMC”) and has been deemed and “unsafe structure,”1 as follows:
Case No. Date Added Date Updated Description of Violation Status
691141 06/18/19 09/03/20 Architect / Engineer Services Open
691141 06/18/19 09/03/20 Unsafe Structure Open
691141 06/18/19 09/03/20 Exterior Structure Unsafe Cond. 8 Open
691141 06/18/19 09/03/20 Exterior Structure Unsafe Cond. 7 Open
679119 04/08/19 - Vacant Structure License Open
1
L&I violations related to the Property are attached hereto as Exhibit 2.
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679119 04/08/19 - Exterior Area Sanitation Open
679119 04/08/19 - Door and Window Vacant Open
679119 04/08/19 - Exterior Area Sidewalks Open
679119 04/08/19 - Exterior Area Graffiti Open
679119 04/08/19 - Exterior Area Weeds Open
573398 02/17/17 -- Vacant Structure License Open
69. The Property is blighted and meets the statutory standards for
conservatorship for the reasons outlined above.
70. For the safety of the public, including those illegally or improperly accessing
and residing in the Encampment, the Property must be cleared, repaired, and closed.
71. The Property needs substantial rehabilitation and remediation.
72. No rehabilitation has taken place during the previous twelve months prior to
the date of the filing of this Petition.
73. The vacancy and conditions of the Property materially increase the risk of
fire to the Property and adjacent properties. In fact, neighbors have reported at least one
fire at the Property.
74. Reading has failed to take reasonable and necessary measures to secure
the Property.
75. Herein, Petitioners request a pre-hearing inspection of the interior of the
Property to document the aforementioned issues more fully and to develop a remedial
plan.
76. Upon Petitioner’s knowledge, information, and belief, obtained after
reasonable efforts, including an examination of public records Petitioners have not
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identified any lienholders or secured creditors with a potential interest in the Property.
However, Petitioners believe that the City of Philadelphia, Consolidated Rail Corp., and
Southeastern Pennsylvania Transportation Authority may be interested parties.
PROPOSED CONSERVATOR
77. As a result of its work with the Steam Plant Conservatorship, Scioli Turco
was made aware of the Property and its blighted nature by local business owners and
representatives.
78. While Reading has the resources to repair and maintain the Property, it
does not appear interested in doing so. Therefore, Scioli Turco recommends that it be
appointed Conservator.
79. Scioli Turco is a non-profit corporation located in Philadelphia. See
Certification to Serve as Conservator, attached hereto as Exhibit 3.
80. Scioli Turco has the financial resources to rehabilitate the Property to a level
that would allow for the abatement of blighting conditions. Given the extent of the issues,
however, Scioli Turco will be required to borrow against the Property and/or obtain public
and private funds to contribute to the needs of the Property. Further, given the
Encampment that has developed and grown as a result of Reading’s inaction and
inattention, Scioli Turco will be required to coordinate with other not-for-profit services
providers and agencies.
81. Petitioner and its members have extensive experience in rehabilitation of
blighted properties. See id.
82. Petitioner has been appointed conservator and has completed several
projects within five miles of the Property. See id.
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83. Petitioner’s Preliminary Plan (hereinafter, “the Plan”) is attached as Exhibit
4. The Plan (with initial cost estimates) outlines the potential scope of work required to
remediate the Property and bring it into compliance with all municipal codes and duly
adopted plans for the area in which the Property is located. As stated above, due to the
significant blight and environmental issues, as well as the size of the Property, there are
unique circumstances which call for a pre-hearing property inspection (including the
interior).
84. Petitioner anticipates obtaining federal, state, or other grant funding and
anticipates borrowing additional funds as needed from public or private entities or
individuals.
85. As part of its due diligence, Petitioner has preliminarily attracted the interest
of the Commonwealth of Pennsylvania’s Industrial Reuse Program as a potential source
of funding.
86. It is believed that as part of its efforts to remediate blighting conditions at
the Property, Petitioner will need to interface with social service organizations to help
relocate residents of the Encampment and provide them with assistance. Id.
87. Until a full inspection of the Property has occurred, Petitioner retains to right
to supplement or amend any plan.
NOTICE & LIS PENDENS
88. Upon filing this Petition and pursuant to §1104(d)(6), Petitioner shall attempt
to provide notice to Respondents by personal service and to all political subdivisions in
which the Property is located, including the City and County of Philadelphia, the
Philadelphia Department of Licenses and Inspections, and all lienholders and other
18
PHIL1 9262387v.2
Case ID: 210101327
secured creditors by registered mail to the last known address of each and by posting a
copy of the notice on the Property.
89. Upon filing this Petition, Petitioner requests the Prothonotary index a Notice
of Lis Pendens in the office of the Philadelphia Recorder of Deeds, a copy of which is
attached as Exhibit 5.
WHEREFORE, Petitioners respectfully request the following relief:
1. Issue an Order to Show Cause as to why Scioli Turco, Inc. should not be
appointed Conservator of the Property pursuant to the Act.
2. A pre-hearing inspection of the interior and exterior of the Property.
3. Upon such hearing, issuance of an Order appointing Scioli Turco, Inc.
Conservator of the Property.
4. Award Petitioners their attorneys’ fees, costs, and such other sums
consistent with the Act.
5. Such other and additional relief as may be just and appropriate.
Respectfully submitted,
Dated: January 21, 2021 _/s/ Gaetano P. Piccirilli

KLEHR HARRISON HARVEY
BRANZBURG LLP
19
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EXHIBIT 1
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EXHIBIT 2
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L&I Property History https://li.phila.gov/#details?entity=violationdetails&eid=691141&key=5...
Case ID: 210101327

1 of 3 1/21/2021, 9:32 AM
(http://www.phila.gov/311)
(https://twitter.com/philly311)
(http://www.phila.gov
/OPA/AbatementsExemptions/Pages/Homestead.aspx)
(http://www.phila.gov/prisons/Facilities/Pages/default.aspx)
(https://prodpci.etimspayments.com/pbw/include
/philadelphia_parking/input.jsp)
(https://secure.phila.gov/WRB/WaterBill/Account/GetAccount.aspx)
(https://ework.phila.gov/revenue/)
(http://www.philadelphiastreets.com/sanitation
/residential/collection-schedules)
(http://serve.phila.gov/)
(http://phlcouncil.com/)
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2 of 3 1/21/2021, 9:32 AM
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1 of 3 1/21/2021, 9:33 AM
(http://phlcouncil.com/) Case ID: 210101327

2 of 3 1/21/2021, 9:33 AM
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1 of 3 1/21/2021, 9:33 AM
(http://phlcouncil.com/)
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2 of 3 1/21/2021, 9:33 AM
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1 of 3 1/21/2021, 9:34 AM
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2 of 3 1/21/2021, 9:34 AM
L&I Property History https://li.phila.gov/#details?entity=violationdetails&eid=679119&key=545309,15834775&addr...
Case ID: 210101327

1 of 4 1/21/2021, 11:25 AM
(http://www.phila.gov/OPA/AbatementsExemptions/Pages/Homestead.aspx)
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2 of 4 1/21/2021, 11:25 AM
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1 of 4 1/21/2021, 11:26 AM
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2 of 4 1/21/2021, 11:26 AM
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2 of 4 1/21/2021, 11:26 AM
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1 of 4 1/21/2021, 11:27 AM
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2 of 4 1/21/2021, 11:27 AM
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1 of 4 1/21/2021, 11:27 AM
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1 of 4 1/21/2021, 11:28 AM
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2 of 4 1/21/2021, 11:28 AM
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1 of 3 1/21/2021, 11:28 AM
(https://prodpci.etimspayments.com/pbw/include/philadelphia_parking/input.jsp)
(http://www.philadelphiastreets.com/sanitation/residential/collection-schedules)
Case ID: 210101327

2 of 3 1/21/2021, 11:28 AM
EXHIBIT 3
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EXHIBIT 4
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PRELIMINARY PLAN FOR REHABILITATION
901 SPRING GARDEN STREET
PHILADELPHIA, PA 19123
BRT/OPA NO. 875101750
General Strategy
It has been Scioli Turco, Inc.’s (“Scioli Turco”) ongoing plan to rehabilitate each blighted
property for which it serves as conservator by eliminating the visible blight, curing the active
violations and bringing the property up to the code required for vacant properties. In each
instance, with many notable exceptions, Scioli Turco does not plan to fully develop the property,
but rather facilitate such remediation efforts.
By opting for partial redevelopment, Scioli Turco is generally able to market the property as a
“clean envelope” to buyers and developers. This reduces the time of each project, and by
extension, provides buyers, developers, neighbors, and communities with greater opportunity to
restore their neighborhoods.
It is Scioli Turco’s belief and experience that this strategy provides the best mechanism to
transform abandoned and blighted buildings into productive reuse throughout the City of
Philadelphia. Further, it is Scioli Turco’s experience that this strategy provides the Owner with a
greater return than a full rehabilitation.
Background Experience: Beginning in 2011, Scioli Turco has served as conservator for more
than two dozen properties in Philadelphia and has successfully rehabilitated and rebuilt more
than three million dollars in market value real estate. Projects have included two- and three-story
single-family homes, condominiums, a vacant real estate lot, luxury townhomes, and commercial
property. Projects have included property demolition, interior gutting, new construction,
renovation and rehabilitative construction, and cleaning and sealing. All projects are insured and
done to a very high standard. Addresses include:
814 S. 19th Street 3215 Memphis Street

816 S. 19th Street 3318 Bleigh Avenue
1331 S. Alder Street 1314 Sigel Street
753 S. 8th Street 1432 S. 16th Street
744 St. Albans Street 1748 S. Mole Street
1727 Snyder Avenue 1214 S. 17th Street
3446 Ryan Avenue 5005 McKean Avenue
5250 Wayne Avenue 528 Ritner Street
528 Westview Street
PHIL1 9303250v.1
Case ID: 210101327
Specific Strategy for 901 Spring Garden Street
901 Spring Garden Street, Philadelphia, PA (the “Property”) is a former train station that has been
abandoned for many years and has all of the attendant problems. It is Scioli Turco’s plan in this
instance to rehabilitate the “Property by eliminating the blight, curing any active violations, and
bringing the Property up to the code required for vacant properties. See attached pro forma to
supplement this plan.
The following plan addresses only the exterior and visible portions of the Property. Until the Scioli
Turco is able to inspect and evaluate the interior of the Property, it is unable to accurately assess
what remediation efforts must take place. However, based upon experience and past expenses,
Scioli Turco anticipates that the work required for the entirety of the Property will be
approximately $415,000.1
Anticipated Exterior Work:

1. Windows and doors
a. Scope: Repair or replace as needed;
b. Cost: $1,000 per opening for 40 openings
c. Total cost: $40,000
2. Structural engineer
a. Cost: $20,000
3. Masonry
a. Scope: Remove and replace masonry as needed; repaint exterior
b. Cost: $125,000.00
4. Roof
a. Scope: Inspected and brought up to code. Typically requires the
removal of the existing roof and repair of sheathing and joists. The
reason for this is that code permits no more than two (2) roofs in the
aggregate to be applied. Bracing likely will also be needed.
b. Cost: $75,000
5. Cleanup and remediation
a. Scope: It is unknown at this stage whether any environmental
remediation may be necessary given the Property’s status as a former
train station. However, the Property is strewn with debris throughout
and in places has been overtaken with vegetation, and will require
significant cleanup.
b. Cost: $100,000
6. Sidewalks
a. Scope: Repair and replace as necessary. The Property has already been
the subject of a personal injury suit.
b. Cost: $20,000
7. Secure property
a. Cost: $15,000.
1
Scioli Turco has prepared these estimates based on costs and work performed in past projects and based on a visual
inspection of the exterior of the Property only. Should interior inspection reveal that additional work is necessary to
cure the blight, Scioli Turco will undertake such work and these estimated costs will likely increase.
PHIL1 9303250v.1
Case ID: 210101327
In addition to the above remediation costs, if appointed conservator, Scioli Turco, Inc. intends to
work with the City of Philadelphia and Center City District for assistance in relocating the
homeless individuals currently using the Property for shelter. Center City District has estimated
that its costs for this engagement will be $20,000.
PHIL1 9303250v.1
Case ID: 210101327
Proforma expense sheet for property at 901 Spring Garden Street
Expenses Percent Amount $ Selling price TBD

Legal fees Klehr, Harrison $35,000.00 Attorney Square feet 6440
Real Estate Commissions 6% Realtor
Transfer Taxes 2% City
Real Estate Taxes City $866.48 OPA
Homeless outreach Center City District $20,000.00 Center City District
Conservator fee 20% Act 135
Utilities PWD/PGW/PECO $3,900 estimated
Secure property $15,000.00
Construction Costs* $380,000.00
Total expenses $454,766.48
Net revenue (loss) TBD based on sale price
* includes estimated costs for roof work, masonry, sidewalk repair, environmental cleanup, windows, doors, and structural engineering
Case ID: 210101327

EXHIBIT 5
PHIL1 9262387v.2
Case ID: 210101327
BRANZBURG LLP
Gaetano P. Piccirilli, Esq. (PA ID No. 93522)
Monica Clarke Platt (PA ID No. 311445)
mplatt@klehr.com
Telephone: 215-569-3699
Attorneys for Petitioners, Scioli Turco, Inc. and

915 Spring Garden Associates, LP
SCIOLI TURCO, INC. & 915 SPRING GARDEN

ASSOCIATES, LP,
COURT OF COMMON PLEAS

Petitioners,
PHILADELPHIA COUNTY
v.
January Term, 2021
PHILADELPHIA & READING RAILROAD CO.,
No. _____
AND READING INTERNATIONAL, INC.,
Respondent.
PRAECIPE FOR LIS PENDENS
To the Prothonotary:
Kindly index the above-captioned action as a lis pendens against the following real
property: 901 Spring Garden Street, Philadelphia, Pennsylvania 19123, BRT/OPA No.
875101750, which is owned by respondents Philadelphia & Reading Railroad Co., and
Reading International, Inc., and a description of which real property is attached hereto as
Exhibit A. I certify that this action affects title to or other interests in the above-described
real property.
PHIL1 9303248v.1
Case ID: 210101327
Respectfully Submitted,
Dated: January 20, 2021 By: /s/ Gaetano P. Piccirilli

BRANZBURG LLP
Attorneys for Petitioners, Scioli Turco, Inc. 915
Spring Garden Associates, LP
2
PHIL1 9303248v.1
Case ID: 210101327
Case ID: 210101327

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Filed and Attested by the

SCIOLI TURCO, INC., & 915 SPRING : Office of Judicial Records

ORDER TO SHOW CAUSE

No lienholders have been identified.

Consolidated Rail Corporation

Southeastern Pennsylvania Transportation Authority

3. Respondent shall file an Answer to the Petition within 20 days of service.

SCIOLI TURCO, INC. :

901 SPRING GARDEN STREET - OPA/BRT: 875101750

YOU ARE RECEIVING THIS NOTICE BECAUSE PUBLIC RECORDS

Lienholder/Secured Creditors. If you are a lienholder or other secured creditor and

Consolidated Rail Corp. and Southeastern Pennsylvania Transportation Authority.

Philadelphia Bar Association

Lleve esta demanda a un abogado immediatamente. Si no tiene abogado o si no

__/s/ Gaetano P. Piccirilli__________

PHILADELPHIA BAR ASSOCIATION

Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas

LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE

ASOCIACIÓN DE LICENCIADOS DE FILADELFIA

__/s/ Gaetano P. Piccirilli__________

KLEHR HARRISON HARVEY BRANZBURG LLP

SCIOLI TURCO, INC. :

PETITION FOR THE APPOINTMENT OF A CONSERVATOR

JURISDICTION AND VENUE

1. This Court has jurisdiction pursuant to the Abandoned and Blighted

2. Venue is proper pursuant to §1104(a) of Act 135 because the Property

(defined below) is in Philadelphia County, Pennsylvania.

Philadelphia, Pennsylvania 19123 (the “Property”).

4. Upon information and belief, the Property is owned by Reading

5. The Property is designated with the Office of Property Assessment

(“OPA”)/Board of Revision of Taxes as No. 875101750.

6. The Property is improved with a masonry improvement/structure that was,

Garden Station will be referred to as the “Defunct Spring Garden Station.”

8. Upon information and belief, Reading is a business corporation organized

located at 5995 Sepulveda Blvd., Suite 300, Culver City, CA 90230.

rail line known as the “Reading Viaduct” or “Viaduct” to the west.

Figure 1- Site from Spring Garden Looking North

improvements thereon, including the Defunct Spring Garden Station.

Philadelphia, et al., Philadelphia Court of Common Pleas No. 200500250, Reading

detailed in Paragraphs 35-42 infra, Reading acknowledges its ownership, possession,

is included within Reading’s claims to the Viaduct and assorted properties.

admitted its ownership of the Property.

15. Scioli Turco is a party in interest as defined by §1103 of the Act.

16. Scioli Turco is a non-profit corporation located in Philadelphia.

17. Scioli Turco’s purpose is community development through the remediation

of blight and blighted properties in Philadelphia.

1214 South 17th Street.

involved with the Steam Plant Conservatorship is currently repairing/remediating blighting

conditions under “conditional relief” consistent with Act 135.

20. Petitioner 915 Spring Garden is a party in interest as defined by §1103 of

specifically, 915 Spring Garden is a mixed-use commercial building located immediately

adjacent to the Viaduct.

RESPONDENT AND RELEVANT PROPERTY HISTORY

21. Upon Petitioner’s knowledge, information, and belief, obtained after

reasonable efforts, the Property is owned by Reading. Despite reasonable efforts,

24. The Reading Railroad was a railroad located in southeastern Pennsylvania

was constructed as part of Reading Railroad’s passenger operations.

/s/ Gaetano P. Piccirilli________

/s/ Gaetano P. Piccirilli________