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HomeMy WebLinkAbout11-7985a IN RE: CONDEMNATION BY THE SILVER SPRING TOWNSHIP AUTHORITY OF A SANITARY SEWER EASEMENT IN THE TOWNSHIP OF SILVER SPRING CUMBERLAND COUNTY, PENNSYLVANIA, OVER LANDS OWNED BY MADELEINE REDMOND IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ll - X485 ?IVi 1?+?1'i4 : EMINENT DOMAIN - IN REM - c.a e _ _ J a e DECLARATION OF TAKING TO THE HONORABLE, THE JUDGES OF SAID COURT: This Declaration of Taking, based on the provisions of Chapter 3, Section 302 of the Eminent Domain Code, Act of May 4, 2006, P.L. 112, No. 34 § 1, 26 Pa.C.S.A. §302, as amended, respectfully represents that: 1. The Condemnor is the Silver Spring Township Authority (the "Authority") acting through its Board. 2. The address of the Condemnor is 31 East Main Street Street, P.O. Box 1001, New Kingstown, PA 17072-1001. 3. The Authority is authorized by the provisions of the Municipality Authorities Act, 53 Pa.C.S. §5615, as amended and the Eminent Domain Code, to acquire by lease, purchase or condemnation, any land lying either within or without the territorial limits of Silver Spring Township, which may be necessary and desirable for the purpose of establishing and maintaining the sanitary sewer system. 4. This Declaration of Taking is made an authorized by virtue of Resolution A-2011- 05, duly adopted by the Board of the Authority at a public meeting held on July 20, 2011 in the 0 9a. oo PD A-M4 Of 6C67 0 0?&(-,(-3,-f Silver Spring Township Municipal Building. The record of said public meeting being the minutes thereof, and the original resolution with the accompanying plan may be examined at the Authority's offices, a copy of said Resolution being attached hereto, marked as Exhibit "All and incorporated herein by reference. 5. The purpose of the within condemnation and this Declaration of Taking filed incidental thereto is to acquire a permanent sanitary sewer easement for the purpose of constructing and maintaining a sanitary sewer line extension and its appurtenances and a temporary construction easement for the purpose of constructing a sanitary sewer line extension and its appurtenances, all as set forth on the plan attached hereto as Exhibit "B". 6. Attached hereto, marked as Exhibit "B" and incorporated herein by reference is documentation which contains a plan of the lands situate in Silver Spring Township, Cumberland County, Pennsylvania, necessary to be obtained for the purpose aforesaid. 7. The nature of the title hereby acquired is a permanent sanitary sewer easement and a temporary construction easement as set forth on Exhibit "B". The temporary construction easement shall terminate upon completion of the construction of the sanitary sewer line extension on the property which is the subject of this condemnation. 8. A plan (Exhibit "B") identifying and specifying the locations of the properties hereby condemned is attached hereto. 9. On the same day as this Declaration of Taking is being filed with the Prothonotary, plans showing the property condemned are being lodged for record in the Office of the Recorder of Deeds in and for Cumberland County in accordance with Section 304 of the Eminent Domain Code, 26 Pa.C.S.A. §304. 10. A plan showing the condemned property may be inspected at the address of the Condemnor and the Cumberland County Recorder of Deeds, Cumberland County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania. 11. The payment of just compensation in this matter is secured by an open-end bond without surety pursuant to Section 303(a) of the Eminent Domain Code, 26 Pa.C.S.A. §303(a). Just compensation is made or secured by the filing of the bond. A copy of the bond is attached as Exhibit "C". 12. I, Russ Brown, Chairman of the Silver Spring Township Authority, do hereby depose, swear and affirm that I am authorized by and hereby execute this Declaration of Taking on behalf of Silver Spring Township Authority, and that the averments contained and set forth herein are true and correct to the best of my knowledge, information and belief, and are made subject to penalties provided in 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. WHEREFORE, the permanent sanitary sewer easement and temporary construction easement are hereby condemned from the properties identified herein, as indicated on the plans referenced in Paragraph 6 (Exhibit "B") above. SILVER SPRING TOWNSHIP AUTHORITY Dated: Q4.14 Chairman EXHIBIT "A" SILVER SPRING TOWNSHIP AUTHORITY Cumberland County, Pennsylvania RESOLUTION A-2011-05 WHEREAS, the Silver Spring Township Authority (the "Authority") is a municipality authority, existing under the Municipality Authorities Act, as amended; and WHEREAS, the sanitary sewer system of the Authority has or will be expanded as a result of construction and development in and through Silver Spring Township; and WHEREAS, it is necessary to acquire a permanent right of way, easement, and temporary construction easement for purposes of constructing a new sanitary sewer main line on the properties now owned by Madeleine Redmond, 220 Hogestown Road, Mechanicsburg, PA 17050; and WHEREAS, in order to ensure proper sanitary sewer service, it has been deemed to be in the public interest for the Authority to acquire, by purchase or eminent domain proceedings, a permanent right of way, easement, and temporary construction easement in such lands as the Authority deems necessary for continued effective sanitary sewer service; and WHEREAS, the Board of the Authority, upon the recommendation of its Manager and the advice of its engineer and other advisors, has selected the right of way and easement to be permanently acquired and the temporary construction easement to be acquired all as more fully described on Exhibit "A" and Exhibit "B" hereto, as attached and to be acquired for the purposes of constructing a new sanitary sewer main line. NOW THEREFORE, the Authority hereby adopts the following resolution: 1. The Chairman, Secretary and other such officers as they may designate, through the Solicitor of the Authority and with the assistance of such other advisors as the Manager deems appropriate, shall contact the owner thereof and negotiate the acquisition of the permanent right of way, easement, and temporary construction easement described in Exhibit "A" and Exhibit "B" on terms and conditions deemed advantageous to the Authority in light of the public objectives of the Authority and the necessity to take title to this permanent right of way, easement, and temporary construction easement as soon as possible, and to settle on the acquisition of, make proper compensation and full payment for and secure the ownership and possession of this permanent right of way, easement, and temporary construction easement in order to complete the sanitary sewer construction project. 2. The proper officers of the Authority are hereby authorized and directed to do all things necessary and desirable to implement the above action by the Authority, including the fixing of the fair market value for the permanent right of way, easement, and temporary construction easement taken, making an offer to acquire the property by agreement and to order the preparation and execution of any and all such documentation necessary to accomplish this acquisition. 3. In the event that the Authority cannot expeditiously agree on terms of the acquisition of the permanent right of way, easement, and temporary construction easement with the owners of the property in question, then the Chairman and Secretary, with the assistance of the Solicitor and such engineering and other assistance as is deemed appropriate by the officers of the Authority, are hereby authorized and directed to take the permanent right of way, easement, and temporary construction easement by exercise of the eminent domain power of the Authority for sanitary sewer purposes under the Municipality Authorities Act, as amended and supplemented from time to time and under the Eminent Domain Code, as amended and supplemented from time to time. 4. Proper officers of the Authority are authorized and directed to execute, file and deliver such documents and to do such other things as may be necessary to carry out the intent and purpose of this Resolution, including, but not limited to a Declaration of Taking. This Resolution shall become effective immediately. 6. In the event any provision, section, sentence, clause or part of this Resolution shall be held invalid, such invalidity shall not affect or impair the remaining provisions, sections, sentences, clauses or parts of this Resolution, it being the intent of the Authority that such remainder shall be and shall remain in full force and effect. DULY ADOPTED as Resolution A- 2011-05 this 20'' day of July, 2011 by the Board of the Silver Spring Township Authority. ATTEST: SILVER SPRING TOWNSHIP AUTHORITY By: &Secretary6 Chairman LEGAL DESCRIPTION FOR SANITARY SEWER EASEMENT 220 HOGESTOWN ROAD PIN 38-21-0289-006, DEED BOOK 0033F-00234 ALL THAT CERTAIN parcel of land situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania described: BEGINNING at a point on the northerly right-of-way of Hogestown Road (S.R. 114) at the southwest property comer of Madeleine Redmond. Thence North 58 degrees 23 minutes 21 seconds West, a distance of 111.38', to a point. Thence North 01 degrees 04 minutes 05 seconds West, a distance of 148.76', to a point. Thence North 28 degrees, 42 minutes 54 seconds East, a distance of 96.21', to a point. Thence North 36 degrees, 44 minutes, 39 seconds West, a distance of 13.59', to a point. Thence North 26 degrees, 49 minutes, 57 seconds East, a distance of 33.50', to a point. Thence South 36 degrees, 44 minutes, 39 seconds East, a distance of 47.78', to a point. Thence South 28 degrees, 42 minutes, 54 seconds West, a distance of 107.51', to a point. Thence South 01 degrees, 04 minutes, 05 seconds East, a distance of 124.39', to a point. Thence South 58 degrees, 23 minutes, 21 seconds East, a distance of 95.67', to a point. Thence South 32 degrees, 54 minutes, 44 seconds West, a distance of 30.01', to the Point of Beginning. Containing 11,179 square feet (0.26 acres), more or less. Together with a 35' temporary construction easement on the east side of permanent sewer easement for the installation of the sewer line. /4 i /0 i - OWA YN x1. DE/MLER -- ` PIN 38 1 0289-005 ED B00 _5-82163.._- 224 HO STCaiNN ROAD - ? PROPOSED 30' SANITARY EASEMENT AREA: 11.179 SO FT R I?t PROPOSED 35' TEMPORARY t CONSTRUCTION EASEMENT NIF MADELEINE REDM D ?I E PIN J8-21-0289-006 ;y r -110??? t DEED BOOK 0033F- 0234 yy...?,_ ?N1 220 HOGESTOWN R AD Ny L10 N/F - - - - JOELLE R. GROSS P.O.B. PIN 38-21-0289-007 s ?. DEED BOOK 00249-02582 214 HOGESTOWN ROAD i ?i NOTE: PROPERTY LINE INFORMATION SHOWN IS TAKEN FROM DEED(S) OF RECORD. NO BOUNDARY SURVEY HAS BEEN PERFORMED BY PENNONI ASSOCIATES, INC. SEWER EASEMENT LINE TABLE LINE LENGTH BEARING Ll 111.38' N58'23'21 "W L2 148.76' N01'04'05"W L3 96.21' N28'42'54"E L4 13.59' N3644'39"W L5 L6 33.50' 47.78' N26'49'57"E S36'44'39"E L7 107.51' S28'42'54"W L8 L9 L10 124.39' 95.67' 30.01' S01'04'05"E S58'23'21 "E S32'54'44"W Pennoni Associates Inc 220 HOGESTOWN ROAD SCALE: 1" = 50' Consulting Engineers TRINDLE SPRING RUN INTERCEPTOR DATE: 01/20/11 wwwni SANITARY SEWER EASEMENT RE Y SGS DW 1215 Manor Drive Suite 100 PIN TAX MAP 38-21-0289-006 REV. BY: Mechanicsburg, PA 17055 (717) 975-6481 SILVER SPRING TOWNSHIP DWG #: SSPA 00119 CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 OF 1 CERTIFICATE I, the undersigned, Secretary of the Silver Spring Township Authority (the "Authority"), certify that the foregoing Resolution was adopted by a majority of the entire Board of the Authority at a meeting duly convened according to law and held on July 20th, 2011, at which meeting a quorum was present; said Resolution was adopted by an aye or nay vote; said Resolution and the vote thereon showing how each member voted have been recorded in the minutes of said Board; and said Resolution remains in effect, unaltered and unamended as of the date of this Certificate. IN WITNESS WHEREOF, I set my hand and official seal of the Authority, this 20th day of July, 2011. LP ?a4 ?? cretary EXHIBIT `B" DWA YN ° 4. DE/MLER - PIN 38- 1; 0289-005 ED B00ZS-02263 224 NO STOWN ROAD J5 ?'?' = "L3 - PROPOSED 30' SANITARY EASEMENT FT t, i' + } 1 AREA: 11.17a 99, V PROPOSED 35' TEMPORARY CONSTRUCTION EASEMENT NIF I r y 3 MADELEINE REDA40 VD " % s !I PIN J8-21-0289-006 I DEED BOOK 0033F- 0234 220 HOGESTOWN R MAD NIF 10ELLE R. GROSS P.O.B. PIN 38-21-0289-007 ?i DEED BOOK 00249-02582 214 HOGESTOWN ROAD i E R EASEMENT LINE TAB t LINE LENGTH BEARING c'.. I 111. 38' „n L2 148.76' L3 96.21' -54" L5 3 .50' N26 9'57"E NOTE: L6 47.78' S 6*44'39"E PROPERTY LINE INFORMATION SHOWN IS L7 107.51' S2842'54*W TAKEN FROM DEED(S) OF RECORD. NO L8 124.39' Sol *04'05*E BOUNDARY SURVEY HAS BEEN PERFORMED BY PENNONI ASSOCIATES, INC. L9 95 67' S58*23'21"E Pennoni Associatesngineers1ne 220 HOC3ESTOWN ROAD SCALE: 1° = 50' Consulting E TRINDLE SPRING RUN INTERCEPTOR DATE: 01/20/11 SANITARY SEWER EAS DwN BY: scs EMENT REV.: 1215 Manor Drive Site 100 PIN TAX MAP 38-21-0289-006 REV. BY: Mechanicsburg, 17055 SILVER SPRING TOWNSHIP DWG (717) 975-6 6481 : CUMBERLAND COUNTY, PENNSYLVANIA JOB SSPA 00119 SHEET: 1 OF 1 EXHIBIT "C" BOND OF CONDEMNOR KNOW ALL MEN BY THESE PRESENTS, that Declaration of Taking having been filed the day of _, 2011, by the Silver Spring Township Authority ("Obligor") a municipality authority organized and existing under the laws of the Commonwealth of Pennsylvania, being held and firmly bound unto the Commonwealth of Pennsylvania ("Obligee") for the use and benefit of the owner or owners of the property condemned as hereinafter noted, and other parties in interest, for such amount of damage as the owner or owners of the property and other parties in interest shall be entitled to receive after the same shall have been agreed upon or assessed in the manner prescribed by law by reason of condemnation by Obligor of certain land located in Silver Spring Township, Cumberland County and described as follows: ALL THAT CERTAIN lot or piece of ground as described in Exhibit "A" attached hereto, to which payment well and truly to be made, the Obligor does bind itself and its successors, and assigns, firmly by these presents. WHEREAS, the Obligor has condemned the said property and cannot agree with the owner or owners of said land and buildings upon the just compensation to be paid for the damages sustained by said owner or owners as a result of the condemnation: NOW THE CONDITON of this bond is such that if the Obligor shall pay or cause to be paid such amount of damages as the said owner or owners of the property and other parties in interest shall be entitled to receive by reason of such condemnation, after the same shall have been agreed upon or assessed in the manner provided by law, then this obligation shall be void; otherwise, to be an remain in full force and effect. SEALED with the Silver Spring Township Authority seal and duly executed this day of 0(4a? 2011. ATTEST: cretary SILVER SPRING TOWNSHIP AUTHORITY By: Chairm k IN RE: CONDEMNATION BY THE SILVER SPRING TOWNSHIP AUTHORITY OF A SANITARY SEWER EASEMENT IN THE TOWNSHIP OF SILVER SPRING CUMBERLAND COUNTY, PENNSYLVANIA, OVER LANDS OWNED BY MADELEINE REDMOND IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. tt - ?QSS 01V; `- EMINENT DOMAIN -IN REM'? i o NOTICE TO CONDEMNEE In accordance with Section 305 of the Eminent Domain Code, 26 Pa.C.S.A. §305, Silver Spring Township Authority notifies you that: A Declaration of Taking, a copy of which is attached as Exhibit "A", was filed on bA -- , 2011, in the Court of Common Pleas of Cumberland County at the above named term and number. 2. A portion of your property, known as Tax Parcel No. 38-21-0289-006, has been condemned for the purpose of constructing a sanitary sewer line extension and its appurtenances as set forth on the attached Exhibit "B". 3. If you wish to challenge the power or right of the Silver Spring Township Authority to appropriate the condemned property, the sufficiency of the security, the procedure followed by the Condemnor or the Declaration of Taking, you are required to file preliminary 0 objections within thirty (30) days after being served with this notice. By Steven A. Stine, Esquire Solicitor for Silver Spring Township Authority Attorney ID# 44859 23 Waverly Drive Hummelstown, PA 17033 (717) 903-1268 EXHIBIT "A" IN RE: CONDEMNATION BY THE SILVER SPRING TOWNSHIP AUTHORITY OF A SANITARY SEWER EASEMENT IN THE TOWNSHIP OF SILVER SPRING CUMBERLAND COUNTY, PENNSYLVANIA, OVER LANDS OWNED BY MADELEINE REDMOND IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. : EMINENT DOMAIN - IN REM DECLARATION OF TAKING TO THE HONORABLE, THE JUDGES OF SAID COURT: This Declaration of Taking, based on the provisions of Chapter 3, Section 302 of the Eminent Domain Code, Act of May 4, 2006, P.L. 112, No. 34 §1, 26 Pa.C.S.A. §302, as amended, respectfully represents that: 1. The Condemnor is the Silver Spring Township Authority (the "Authority") acting through its Board. 2. The address of the Condemnor is 31 East Main Street Street, P.O. Box 1001, New Kingstown, PA 17072-1001. 3. The Authority is authorized by the provisions of the Municipality Authorities Act, 53 Pa.C.S. §5615, as amended and the Eminent Domain Code, to acquire by lease, purchase or condemnation, any land lying either within or without the territorial limits of Silver Spring Township, which may be necessary and desirable for the purpose of establishing and maintaining the sanitary sewer system. 4. This Declaration of Taking is made an authorized by virtue of Resolution A-2011- 05, duly adopted by the Board of the Authority at a public meeting held on July 20, 2011 in the Silver Spring Township Municipal Building. The record of said public meeting being the minutes thereof, and the original resolution with the accompanying plan may be examined at the Authority's offices, a copy of said Resolution being attached hereto, marked as Exhibit "A" and incorporated herein by reference. 5. The purpose of the within condemnation and this Declaration of Taking filed incidental thereto is to acquire a permanent sanitary sewer easement for the purpose of constructing and maintaining a sanitary sewer line extension and its appurtenances and a temporary construction easement for the purpose of constructing a sanitary sewer line extension and its appurtenances, all as set forth on the plan attached hereto as Exhibit "B". 6. Attached hereto, marked as Exhibit "B" and incorporated herein by reference is documentation which contains a plan of the lands situate in Silver Spring Township, Cumberland County, Pennsylvania, necessary to be obtained for the purpose aforesaid. 7. The nature of the title hereby acquired is a permanent sanitary sewer easement and a temporary construction easement as set forth on Exhibit "B". The temporary construction easement shall terminate upon completion of the construction of the sanitary sewer line extension on the property which is the subject of this condemnation. 8. A plan (Exhibit "B") identifying and specifying the locations of the properties hereby condemned is attached hereto. 9. On the same day as this Declaration of Taking is being filed with the Prothonotary, plans showing the property condemned are being lodged for record in the Office of the Recorder of Deeds in and for Cumberland County in accordance with Section 304 of the Eminent Domain Code, 26 Pa.C.S.A. §304. 10. A plan showing the condemned property may be inspected at the address of the Condemnor and the Cumberland County Recorder of Deeds, Cumberland County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania. 11. The payment of just compensation in this matter is secured by an open-end bond without surety pursuant to Section 303(a) of the Eminent Domain Code, 26 Pa.C.S.A. §303(a). Just compensation is made or secured by the filing of the bond. A copy of the bond is attached as Exhibit "C". 12. I, Russ Brown, Chairman of the Silver Spring Township Authority, do hereby depose, swear and affirm that I am authorized by and hereby execute this Declaration of Taking on behalf of Silver Spring Township Authority, and that the averments contained and set forth herein are true and correct to the best of my knowledge, information and belief, and are made subject to penalties provided in 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. WHEREFORE, the permanent sanitary sewer easement and temporary construction easement are hereby condemned from the properties identified herein, as indicated on the plans referenced in Paragraph 6 (Exhibit "B") above. SILVER SPRING TOWNSHIP AUTHORITY Dated: 0 Q4.4 Chairman EXHIBIT "A" SILVER SPRING TOWNSHIP AUTHORITY Cumberland County, Pennsylvania RESOLUTION A-2011-05 WHEREAS, the Silver Spring Township Authority (the "Authority") is a municipality authority, existing under the Municipality Authorities Act, as amended; and WHEREAS, the sanitary sewer system of the Authority has or will be expanded as a result of construction and development in and through Silver Spring Township; and WHEREAS, it is necessary to acquire a permanent right of way, easement, and temporary construction easement for purposes of constructing a new sanitary sewer main line on the properties now owned by Madeleine Redmond, 220 Hogestown Road, Mechanicsburg, PA 17050; and WHEREAS, in order to ensure proper sanitary sewer service, it has been deemed to be in the public interest for the Authority to acquire, by purchase or eminent domain proceedings, a permanent right of way, easement, and temporary construction easement in such lands as the Authority deems necessary for continued effective sanitary sewer service; and WHEREAS, the Board of the Authority, upon the recommendation of its Manager and the advice of its engineer and other advisors, has selected the right of way and easement to be permanently acquired and the temporary construction easement to be acquired all as more fully described on Exhibit "A" and Exhibit "B" hereto, as attached and to be acquired for the purposes of constructing a new sanitary sewer main line. NOW THEREFORE, the Authority hereby adopts the following resolution: The Chairman, Secretary and other such officers as they may designate, through the Solicitor of the Authority and with the assistance of such other advisors as the Manager deems appropriate, shall contact the owner thereof and negotiate the acquisition of the permanent right of way, easement, and temporary construction easement described in Exhibit "A" and Exhibit "B" on terms and conditions deemed advantageous to the Authority in light of the public objectives of the Authority and the necessity to take title to this permanent right of way, easement, and temporary construction easement as soon as possible, and to settle on the acquisition of, make proper compensation and full payment for and secure the ownership and possession of this permanent right of way, easement, and temporary construction easement in order to complete the sanitary sewer construction project. 2. The proper officers of the Authority are hereby authorized and directed to do all things necessary and desirable to implement the above action by the Authority, including the fixing of the fair market value for the permanent right of way, easement, and temporary construction easement taken, making an offer to acquire the property by agreement and to order the preparation and execution of any and all such documentation necessary to accomplish this acquisition. In the event that the Authority cannot expeditiously agree on terms of the acquisition of the permanent right of way, easement, and temporary construction easement with the owners of the property in question, then the Chairman and Secretary, with the assistance of the Solicitor and such engineering and other assistance as is deemed appropriate by the officers of the Authority, are hereby authorized and directed to take the permanent right of way, easement, and temporary construction easement by exercise of the eminent domain power of the Authority for sanitary sewer purposes under the Municipality Authorities Act, as amended and supplemented from time to time and under the Eminent Domain Code, as amended and supplemented from time to time. 4. Proper officers of the Authority are authorized and directed to execute, file and deliver such documents and to do such other things as may be necessary to carry out the intent and purpose of this Resolution, including, but not limited to a Declaration of Taking. This Resolution shall become effective immediately. 6. In the event any provision, section, sentence, clause or part of this Resolution shall be held invalid, such invalidity shall not affect or impair the remaining provisions, sections, sentences, clauses or parts of this Resolution, it being the intent of the Authority that such remainder shall be and shall remain in full force and effect. DULY ADOPTED as Resolution A- 2011-05 this 201h day of July, 2011 by the Board of the Silver Spring Township Authority. ATTEST: SILVER SPRING TOWNSHIP AUTHORITY By: Z &SZecretary6 C hairman LEGAL DESCRIPTION FOR SANITARY SEWER EASEMENT 220 HOGESTOWN ROAD PIN 38-21-0289-006, DEED BOOK 0033F-00234 ALL THAT CERTAIN parcel of land situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania described: BEGINNING at a point on the northerly right-of-way of Hogestown Road (S.R. 114) at the southwest property corner of Madeleine Redmond. Thence North 58 degrees 23 minutes 21 seconds West, a distance of 111.38', to a point. Thence North 01 degrees 04 minutes 05 seconds West, a distance of 148.76', to a point. Thence North 28 degrees, 42 minutes 54 seconds East, a distance of 96.21', to a point. Thence North 36 degrees, 44 minutes, 39 seconds West, a distance of 13.59', to a point. Thence North 26 degrees, 49 minutes, 57 seconds East, a distance of 33.50', to a point. Thence South 36 degrees, 44 minutes, 39 seconds East, a distance of 47.78', to a point. Thence South 28 degrees, 42 minutes, 54 seconds West, a distance of 107.51', to a point. Thence South 01 degrees, 04 minutes, 05 seconds East, a distance of 124.39', to a point. Thence South 58 degrees, 23 minutes, 21 seconds East, a distance of 95.67', to a point. Thence South 32 degrees, 54 minutes, 44 seconds West, a distance of 30.01', to the Point of Beginning. Containing 11,179 square feet (0.26 acres), more or less. Together with a 35' temporary construction easement on the east side of permanent sewer easement for the installation of the sewer line. Xki?iT E DWAYN ...A. DEIMLER PIN 38 1--0289-005 ED B00 4-02263 - .} 224 HO STOWN ROAD ?w till I t v I"f /!w , PROPOSED 30' SANITARY EASEMENT AREA: 11.179 SO. FT. % `.• a< < PROPOSED 35' TEMPORARY CONSTRUCTION EASEMENT ' N/F MADELEINE REDM D PIN 38-21-0289- 06 DEED BOOK 0033F- 0234 220 HOGESTOWN R AD LIO NIF JOELLE R. GROSS !is P.O.B. PIN 38-21-0289-007 DEED BOOK 00249-02582 214 HOGESTOWN ROAD i PROPERTY LINE INFORMATION SHOWN IS TAKEN FROM DEED(S) OF RECORD. NO BOUNDARY SURVEY HAS BEEN PERFORMED BY PENNONI ASSOCIATES, INC. SEWER EASEMENT LINE TABLE LINE LENGTH BEARING L1 111.38' N58-23'21"W L2 148.76' N01'04'05"W L3 96.21' N28'42'54" L4 13.59' N3644'39 "W L5 33.50' N26'49'57"E L6 47.78' S36'44'39"E L7 107.51' S28'42'54"W L8 124.39' S01 *04'05"E L9 95.67' S5823'21 "E L10 30.01' S32'54'44"W Pennoni Associates Inc. 220 HOGESTOWN ROAD SCALE: 1" = 50' Consulting Engineers DATE: 01 /20/11 TRINDLE SPRING RUN INTERCEPTOR DWN BY: SGS SANITARY SEWER EASEMENT REV.: REV. BY: 1215 Manor Drive Site 100 PIN TAX MAP 38-21-0289-008 DWG #: Mechanicsburg. 6481 17055 (717) 975-6 SILVER SPRING TOWNSHIP JOB #: SSPA 00119 CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 OF 1 CERTIFICATE I, the undersigned, Secretary of the Silver Spring Township Authority (the "Authority"), certify that the foregoing Resolution was adopted by a majority of the entire Board of the Authority at a meeting duly convened according to law and held on July 20`h, 2011, at which meeting a quorum was present; said Resolution was adopted by an aye or nay vote; said Resolution and the vote thereon showing how each member voted have been recorded in the minutes of said Board; and said Resolution remains in effect, unaltered and unamended as of the date of this Certificate. IN WITNESS WHEREOF, I set my hand and official seal of the Authority, this 20`h day of July, 2011. cretary EXHIBIT `B" 14ib1 OWA YN '-' . DE/VIER PIN 38 1; 0289-005 ED 80025-02263 y, 224 HO STOWN ROAD PROPOSED 30' % SANITARY EASEMENT % i AREA: 11.179 SO. FT. } rl` t4 PROPOSED 35' TEMPORARY 1 t J N/F yr CONSTRUCTION EASEMENT fi r MADELEINE REDM D A \ ! ' PIN 38-21-0289- 06 { 'FJ, ,,,,??? DEED BOOK 0033F- 0234 220 HOGESTOWN R AD { { 1-10 ?OELL£ RFGROSS f I P.O.B. PIN 38-21-0289-007 DEED BOOK 00249-02582 ?' tl If? w 214 HOGESTOWN ROAD p ?} ; ii is PROPERTY LINE INFORMATION SHOWN IS TAKEN FROM DEED(S) OF RECORD. NO BOUNDARY SURVEY HAS BEEN PERFORMED BY PENNONI ASSOCIATES, INC. SEWER EASEMENT LINE TABLE LINE LENGTH BEARING L1 111.38' N 1 "W L2 148.76' N01'04'05'W L3 96.21' N '4 '54"E L4 13.59' N 44'3 "W L5 33.50' N '4 '57"E L6 47.78' S36'44'39" 17 107.51' S2 '42'54"W L8 124.39' S01'04'05"E L9 95.67' S58 3'21 'E L10 30.01' S3254'44"W 0' Pennoni Associates Ina. 220 HOGESTOWN ROAD SDATE: CALE: 1" = 5 01/20/11 Consulting Engineers TRINDLE SPRING RUN INTERCEPTOR DWN BY: SGS SANITARY SEWER EASEMENT REV.: REV. BY: 1215 Manor Drive Sits 100 PIN TAX MAP 38-21-0289-008 DWG : Mechanicsburg, 6 1055 SILVER SPRING TOWNSHIP JOB f SSPA 00119 (717) 975-6481 CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 OF 1 EXHIBIT "C" BOND OF CONDEMNOR KNOW ALL MEN BY THESE PRESENTS, that Declaration of Taking having been filed the Zkw - day of , 2011, by the Silver Spring Township Authority ("Obligor") a municipality authority organized and existing under the laws of the Commonwealth of Pennsylvania, being held and firmly bound unto the Commonwealth of Pennsylvania ("Obligee") for the use and benefit of the owner or owners of the property condemned as hereinafter noted, and other parties in interest, for such amount of damage as the owner or owners of the property and other parties in interest shall be entitled to receive after the same shall have been agreed upon or assessed in the manner prescribed by law by reason of condemnation by Obligor of certain land located in Silver Spring Township, Cumberland County and described as follows: ALL THAT CERTAIN lot or piece of ground as described in Exhibit "A" attached hereto, to which payment well and truly to be made, the Obligor does bind itself and its successors, and assigns, firmly by these presents. WHEREAS, the Obligor has condemned the said property and cannot agree with the owner or owners of said land and buildings upon the just compensation to be paid for the damages sustained by said owner or owners as a result of the condemnation: NOW THE CONDITON of this bond is such that if the Obligor shall pay or cause to be paid such amount of damages as the said owner or owners of the property and other parties in interest shall be entitled to receive by reason of such condemnation, after the same shall have been agreed upon or assessed in the manner provided by law, then this obligation shall be void; otherwise, to be an remain in full force and effect. SEALED with the Silver Spring Township Authority seal and duly executed this day of 64a?r 2011. ATTEST: 6cretary SILVER SPRING TOWNSHIP AUTHORITY `?J,6L, By: Chairm EXHIBIT "B" x Gc i b ; -? ,8 .. DWA YN DEIMLER == PIN 38 1 0289-005 ED B00 _?-02263... _ 224 HO STOWN ROAD ' PROPOSED 30' w SANITARY EASEMENT AREA: 11.179 SO. FT. t. ,.fNV'.( L I ` 1 PROPOSED 35' TEMPORARY CONSTRUCTION EASEMENT -- ` NSF _ }?? It y t f I MADELEINE REDM D PIN 38-21-0289- 06 DEED BOOK OOJJF 5( "d 220 H 0G ESTO MN R' D 02J4 L10 s j P.O.B. c'. N/F JOELLE R. GROSS PIN 38-21-0289-007 DEED BOOK 00249-02582 214 HOGESTOWN ROAD PROPERTY LINE INFORMATION SHOWN IS TAKEN FROM DEED(S) OF RECORD. NO BOUNDARY SURVEY HAS BEEN PERFORMED BY PENNONI ASSOCIATES, INC. SEWER EASEMENT LINE TABLE LINE LENGTH BEARING L1 111.38' N 8'23' 1 "W L2 148.76' N01'04'05"W L3 96.21' N28'42'54"E L4 13.59' N36'44'39"W L5 33.50' N26'49'57"E L6 47.78' S36'44'39"E L7 107.51' S28 2'54"W L8 124.39' S01 '04'05"E L9 95.67' S58'23'21 "E L10 30.01' S3254'44"W Pennoni Associates Inc. 220 NOGESTOWN ROAD [RREE ALE: 1" = 50' Consulting Engineers ATE: 01?20?11 TRINDLE SPRING RUN INTERCEPTOR WN BY EV.:. SGS P?1n SANITARY SEWER EASEMENT BY: 1215 Manor Drive Site 100 PIN TAX MAP 38-21-0289-006 GMechanicsburg. 6481 ,7055 (717) 975-6 SILVER SPRING TOWNSHIP B #: SSPA 00119 CUMBERLAND COUNTY, PENNSYLVANIA EET: 1 OF 1 IN RE: CONDEMNATION BY THE SILVER SPRING TOWNSHIP AUTHORITY OF A SANITARY SEWER EASEMENT IN THE TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, PENNSYLVANIA, OVER LANDS OWNED BY MADELEINE REDMOND IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-7985 Civil Term EMINENT DOMAIN - IN REM MEMORANDUM OF FILING OF NOTICE TO THE PROTHONOTARY: Notice of the above-captioned condemnation is recorded in the Office of the Recorder of Deeds in and for Cumberland County, as instrument no. 201129045. By: Step Solicitor for Silver Spring Township Authority Attorney ID# 44859 23 Waverly Drive Hummelstown, PA 17033 (717) 903-1268 r-? CIi ? ?'P7 N g..._ N' Z? ?? CERTIFICATE OF SERVICE I, Steven A. Stine, Esquire, Solicitor for the Silver Spring Township Authority, do hereby certify that on October 25, 2011,1 served the foregoing Memorandum of Filing of Notice by first class mail, postage pre-paid upon the following: Madeleine Redmond 220 Hogestown Road Mechanicsburg, PA 17050 JP Morgan Chase Bank, NA 1500 North Ninth Street Monroe, LA 71201 23 Waverly Drive Hummelstown, PA 17036 ti IN RE: CONDEMNATION BY THE SILVER SPRING TOWNSHIP PENNSYLVANIA AUTHORITY OF A SANITARY SEWER EASEMENT IN THE TOWNSHIP OF SILVER SPRING CUMBERLAND COUNTY, PENNSYLVANIA, OVER LANDS OWNED BY MADELEINE REDMOND IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, NO. 11-7985 Civil Term Y C-) EMINENT DOMAIN -IN REM ` ? } , PROOF OF SERVICE a , Steven A. Stine, Esquire, Solicitor for Silver Spring Township Authority, do hereby certify that on the date set forth on the attached copy of the returned receipts, I served the Notice to Condemnees, pursuant to Section 305 of the Eminent Domain Code, 26 Pa.C.S.A. Section 305, by Certified Mail, Return Receipt Requested upon the following individuals: Madeleine Redmond 220 Hogestown Road Mechanicsburg, PA 17050 JP Morgan Chase Bank, NA 1500 N. 9th Street Monroe LA 71201 ,squire Supreme Court ID No. 44859 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 t?^f 1 _ ¦ Complew ftsrns 1, 2, and 3. Also complete item 4 H Restricted Dellvery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. ArWle Addressed to: 21,a 11 A. Slpnawre Agent by ( ) gCDat of Delivery e? e a D. Is delivery address d ftm t from IgeT 11, . . H YES, enter delivery address bbip&ri ' ?. o' N? Epese Map 0 Return PAodpt for Merchandise 0 C.O.D. Service Too PA t705b a )gZartilled Mall 0 Reytetsred 0 Insured Mall 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7007 2680 0002 6161 5810 ()iWWW Orom se?vics - PS Form 3811. February 2004 Domestic Return Reoelpt 10¢59e-02-M-1e40 ¦ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desred. ¦ Print your name and address on the reverse so that we can,mbim the card to you. ¦ Attach this card'to the tack of the malipiece, or on the front if space permits. 1. Article Addressed to. l5M N ? ftoirgw , LA -7 t 2O I AtW"4ZC*, B. Received by (Prbrced Als") c. /C/",-- 7. D. Is delivery address d ftm t from Item 1? 0 Yes H YES, enter delivery address below: 0 No Md 0 Express Mali o Rued 0 Raton, R90910 for LWdWKUW 0 Insured Mau 0 c.o.D. 4. ReeOdcted Delivery? Pft Feej 0 Yes 2. Article Numbw` 7007 2680 0002 6161 5803 njansw from service PS Form 3811, February 2004 Domestic Return Receipt 'a"'s40 i IN RE: CONDEMNATION BY THE SILVER SPRING TOWNSHIP AUTHORITY OF A SANITARY SEWER EASEMENT IN THE TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, PENNSYLVANIA, OVER LANDS OWNED BY MADELEINE REDMOND IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-7985 CIVIL C m N rn =rn EMINENT DOMAIN - IN REM r !!?? CYN t? a 1rQgrT X A TVY'k iiTQ'T r d-%1ARD1VT%TQ A 7`iAft-7 =C PURSUANT TO 26 Pa.C.S.A. SECTION 522 5= "° -< CO TO THE HONORABLE JUDGES OF SAID COURT: 1. Silver Township Authority is a municipality authority with offices at 5 Willow Mill Park Road, Suite #3, Mechanicsburg, PA 17050 (the "Authority"). 2. On October 20, 2011, the Authority filed a Declaration of Taking in the above- captioned case. By letter dated June 11, 2012, a copy of which is attached hereto as Exhibit "A", the Condemnee listed on the Proposed Schedule of Distribution, attached hereto as Exhibit "B", was offered the full amount of the Authority's estimated just compensation as payment pro tanto of her permanent sanitary sewer easement and temporary construction easement claim, without prejudice to her right to proceed to a final determination of just compensation, but the Authority was unable to make payment because the Condemnee was unable to furnish a release of lien and the Condemnee has not acknowledged that she will surrender possession of the condemned property. 4. Upon issuance of an Order by this Court granting this Petition to Deposit CD C3 C) E -{ ca C) -n .0 Estimated Just Compensation, the Authority shall file a draft made payable to the Prothonotary of this Court representing the total amount of just compensation due the Condemnee. 5. No fee shall be charged against these funds. 26 Pa.C.S. Section 522(b). 6. A Judge has not ruled on any other issue in this or any related matter. 7. There is no opposing counsel of record in this matter, therefore, concurrence was not sought. 8. I, Steven A. Stine, Authority Solicitor, affirm that I am authorized to execute this Petition to Deposit Estimated Just Compensation on behalf of the Authority, and that the averments contained and set forth in this Petition are true and correct to the best of my knowledge, information and belief, and are made subject to the penalties provided in 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. WHEREFORE, to assure Petitioner's possession of the condemned property, if required, to which it is entitled under Section 307 of the Eminent Domain Code, as amended, 26 Pa.C.S. Section 307, Petitioner respectfully requests that the Honorable Court direct payment of the estimated just compensation into court, to be held until further Order of Court directing payment of said amount, or any part thereof, to the condemnees and/or interested parties entitled thereto pursuant to Sections 307, 521 and/or 522 of the Eminent Domain Code, as amended, 26 Pa.C.S. Sections 307, 521 and/or 522, as applicable. Respectfully submitted, By. STE UIRE Attorney I.D. No. 44859 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 EXHIBIT "A" 23 Waverly Drive Hummeistown, PA 17036 June 11, 2012 Madeleine Redmond 220 Hogestown Road Mechanicsburg, PA 17050 Law Office of Steven A. Stine Re: Condemnation of a Permanent Sanitary Sewer Easement and Temporary Construction Easement, 220 Hogestown Road, Mechanicsburg, PA 17050; No. 11-7985 Civil Dear Ms. Redmond: phone: 717.903.126 fax: 717.583.294: email: !; tevenstinevatt.nc On October 20, 2011, a Declaration of Taking (the "Declaration") was filed by the Silver Spring Township Authority (the "Authority") in the Court of Common Pleas of Cumberland County at Docket No. 11-7985, which Declaration condemned a permanent sanitary sewer easement and temporary construction easement on property located at 220 Hogestown Road, Mechanicsburg, Pennsylvania. The description of the permanent easement and temporary construction easement is attached to the Declaration. The amount of the estimated just compensation for the permanent easement and temporary construction easement is $13,726.50. This amount of estimated just compensation is being offered to you as payment of your damage claim for the permanent easement and temporary construction easement, without prejudice to your right to proceed to a final determination of just compensation. Please be advised that after twenty (20) days pass from the date you receive this letter, the Authority will present the enclosed petition to the Court of Common Pleas of Cumberland County. The Authority will not present the petition to the Court if you agree to accept the estimated just compensation and so inform the Manager of the Silver Spring Township Authority by July 3, 2012, and within twenty (20) days of this letter: Arrange for the payment or release of all liens and encumbrances against the payment of estimated just compensation; 2. Prove ownership of the property if any question as to the title of the property exists; and 3. Acknowledge that you surrender or are willing to surrender possession of the condemned permanent sanitary sewer easement and temporary construction easement. The name, address and phone number of the Authority Manager is: James Stevens, Authority Manager Silver Spring Township Authority 5 Willow Mill Park Road, Suite #3 Mechnaicsburg, PA 17050 (717) 591-1372 If you have any questions or need further information, please contact me. Sincerely, tine, Authority Solicitor enclosure cc: James Stevens, Authority Manager JP Morgan Chase Bank EXHIBIT "B" PROPOSED SCHEDULE OF DISTRIBUTION NAME AND ADDRESS OF CONDMNEES & LOCATION OF PROPERTY: Name: Madeleine Redmond Address: 220 Hogestown Road, Mechanicsburg, PA 17050 Location: Record Book F-33, Page 234 Tax Parcel No. 38-21-0289-006 ESTIMATED JUST COMPENSATION: $13,726.50 ENCUMBRANCES: TYPE: Mortgage DATE OF RECORD: October 14, 2005 PLACE OF RECORD: Mortgage Book 1926, Page 4809 AMOUNT: $97,900.00 NAME AND ADDRESS OF LIENOR: AFC First Financial Corporation (assigned on March 20, 2006 to JP Morgan Chase Bank, N.A., 1500 North Ninth Street, Monroe, LA 71201) INTERESTED PARTIES NOTIFIED OF THE PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION: Madeleine Redmond 220 Hogestown Road Mechanicsburg, PA 17050 JP Morgan Chase Bank, N.A. 1500 North Ninth Street Monroe, LA 71201 CERTIFICATE OF SERVICE I, STEVEN A. STINE, ESQUIRE, do hereby certify that I served a copy of the foregoing Petition to Deposit Estimated Just Compensation, upon the following below- named individual(s) by first class mail, postage prepaid this day of 2012. SERVED UPON: Madeleine Redmond 220 Hogestown Road Mechanicsburg, PA 17050 JP Morgan Chase Bank, N.A. 1500 North Ninth Street Monroe, LA 71201 ........... !4i - - STINE, ESQUIRE IN RE: CONDEMNATION BY THE SILVER SPRING TOWNSHIP AUTHORITY OF A SANITARY SEWER EASEMENT IN THE TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, PENNSYLVANIA, OVER LANDS OWNED BY MADELEINE REDMOND IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-7985 CIVIL c -?3 rn? r? EMINENT DOMAIN - IN REM r? C? An Zp ORDER N ,v G r- N 7r? ca cn AND NOW, this _/day of 2012, upon presentation of the Petition to Deposit Estimated Just Compensation, it is ORDERED and DIRECTED that the sum of $13,726.00 representing the amount of just compensation estimated by the Silver Spring Township Authority due the condemnees and/or interested parties on the subject property shown on the Proposed Schedule of Distribution be paid into Court in an interest bearing account. No fee shall be charged against these funds. It is further ORDERED that the sum shall be held until further Order of Court directing full or partial payment to the condemnee and/or interested parties entitled to it pursuant to Sections 307, 521 and/or 522 of the Eminent Domain Code, as amended, 26 Pa.C.S. Sections 307, 521 and/or 522, as applicable. --a rn _? cx c CD ? BY THE COURT Distribution List: Steven A. Stine 23 Waverly Drive Hummelstown, PA 17036 ? Madeleine Redmond 220 Hogestown Road Mechanicsburg, PA 17050 ? JP Morgan Chase Bank, N.A. 1500 North Ninth Street Monroe, LA 71201 6 pie-. ma •IPGA 7?/a?la r-t c? C -D cv 0 Cl-i RECEIPT FOR PAYMENT Cumberland Counti Prothonotary's Office Carlisle, ra 17013 SILVER SPRING TOWNSHIP (VS) Case Number 2011-07985 Received of PD BY SILVER SPRING TWNP AUTHO BY ATTY STEVEN STINE Total Non-Cash..... + 13,726.00 Check# Total Cash.... . + .00 Change ............. - .00 Receipt Date 7/31/2012 Receipt Time 9:55:49 Receipt No. 278672 8271 Receipt total...... = $13,726.00 -- ------------------ Distribution Of Payment Transaction Description Payment Amount BOND 13,726.00 PROTHONOTARY ESCROW $13,726.00 Silver Spring Township Authority 031318787 I t i Check No. n egr ty Bank 8271 5 Willow Mill Rd., Suite #3 Camp Hill, Pennsylvania Mechanicsburg, Pa 17050 Date Operating Fund 18-Jul-12 Pay Thirteen Thousand Seven Hundred Twenty Six Dollars and No Cents To The Cumberland County Prothonotary Order Of 1 Courthouse Square Carlisle, Pa 17013 11.008 2 7 Lill 1:0 3 L 3 L8 78 71: 2 29 L80044 ?iin CHECK AMOUNT IN RE: CONDEMNATION BY THE SILVER SPRING TOWNSHIP AUTHORITY OF A SANITARY SEWER EASEMENT IN THE TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, PENNSYLVANIA, OVER LANDS OWNED BY MADELEINE REDMOND TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-7985 CIVIL : EMINENT DOMAIN - IN REM PRAECIPE C -s 3 ro ^, w rri ?. C= "n C N C:) Pursuant to Order of Court, attached is a check in the amount of $13,726.00, payable to the Prothonotary, which is the amount of estimated just compensation due the Condemnee and/or interested parties. --- - - ---------- Dated: July 19, 2012 Steven A. me, Esquire Supreme Court ID No. 44859 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 CERTIFICATE OF SERVICE I, STEVEN A. STINE, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Praecipe on the following below-named individuals by depositing the same in the U.S. Mail, postage pre-paid this 19th day of July 2012.. SERVED UPON: Madeleine Redmond 220 Hogestown Road Mechanicsburg, PA 17050 JP Morgan Chase Bank 1500 North Ninth Street Monroe, LA 71201 STEVEN A. STINE Attorney I.D.#44859 Joseph F. Riga (PA# 55716) McCabe, Weisberg & Conway, P.C. 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 Tel: (215) 790-1010 Counsel for Petitioner Fax: (215) 7901274 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW , W. IN RE: M CONDEMNATION BY THE SILVER SPRING TOWNSHIP AUTHORITY OF A DOCKET NO. 11-7985 r C - . SANITARY SEWER EASEMENT IN THE TOWNSHIP OF SILVER SPRING EMINENT DOMAIN - CUMBERLAND COUNTY, PROCEEDINGS IN REM PENNSYLVANIA, OVER LANDS OWNED BY MADELEINE REDMOND VERIFIED JOINT PETITION OF PROPERTY OWNER AND MORTGAGEE FOR RELEASE OF FUNDS Madeleine Redmond (the "Property Owner") and JPMorgan Chase Bank,N.A. (the "Mortgagee," and together with the Property owner, the "Petitioners") hereby petition this Court for the release of condemnation funds paid into Court pursuant to 26 Pa.C.S. §522 (2013), and states as follows: 1. The Property Owner is title owner of the real property known as 220 Hogestown Road, Mechanicsburg, PA 17050 (the "Property"). 2. Mortgagee is the assignee of a first priority mortgage dated October 6, 2005 encumbering the Property and originally granted to AFC First Financial Corp. (the "Mortgage") in connection with a loan to the Property Owner, and no other unsatisfied lien encumbers the Property. 2. On October 20, 2011, the Silver Spring Township Authority (the "Condemnor") filed a declaration of taking in this Court(the "Declaration") seeking to take by eminent domain a portion of the Property. 3. Subsequently, the Condemnor paid into Court the sum of$13,726.50 (the "Fund") for distribution to the appropriate interested party pursuant to 26 Pa.C.S. §§307, 521 (2013). 4. Pursuant to Pennsylvania's condemnation statute,the terms of the Mortgage and the Petitioners' agreement, see generally Union Nat'l Bank v. Redevelopment Authority of New Kensington, 13 Pa. Cmmw. 295, 320 A.2d 370 (1974), the Fund should be divided among the Petitioners as follows: (1) a check in the amount of$6,565.02 is to be issued to JPMorgan Chase Bank, N.A., c/o Joseph F. Riga, Esq., McCabe, Weisberg & Conway, 123 South Broad Street, Suite 1400, Philadelphia, PA 19109; and (2) a check in the amount of$7,161.48 to be issued to Madeleine Redmond, c/o Jane M. Alexander, Esq., 148 South Baltimore Street, P.O. Box 421, Dillsburg, PA 17019. WHEREFORE, the Petitioners respectfully request the release of the Fund pursuant to the Stipulated Order attached hereto. Dated: August 9, 2013 Respectfully submitted, McCabe, er & onw , P.C. Jane M. Alexander, Esquire By: Josep a tt ney for the Property Ow/er Attorneys for the Mortgagee 2 VERIFICATION We hereby verify that the statements made in the foregoing Petition for Release of Funds are true and correct. We understand that statements made herein u ct to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to a ies. '. 1. Josep '2x Jan :Alexan er Date: August 9,2013 3 PROOF OF SERVICE The undersigned hereby certifies that on Auguste 2013, she caused to be served on the parties named below the foregoing Petition and Form of Stipulated Order by first-class,United States mail, postage pre-paid: Joseph F. Riga, Esq: Counsel for Mortgagee McCabe, Weisberg & Conway, P.C. 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 Steven Stine, Esq. Counsel for the Condemnor 23 Waverly Drive Hummelstown, PA 17036 Ja . Alexande A orney for Madeleine Redmond COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION -LAW IN RE: DOCKET NO. 11-7985 * CONDEMNATION BY THE SILVER SPRING TOWNSHIP AUTHORITY OF A EMINENT DOMAIN SANITARY SEWER EASEMENT IN THE PROCEEDINGS IN REM TOWNSHIP OF SILVER SPRING CUMBERLAND COUNTY, ' STIPULATED ORDER PENNSYLVANIA, OVER LANDS OWNED '` r BY MADELEINE REDMOND ' = AND NOW, this 2D day of 2013, upon I . — consideration of the foregoing petition, it is hereby ordered that (1) The Cumberland County Prothonotary' s Office release the $13,726.50 paid into this Court as just compensation for the eminent domain proceedings initiated by the Silver Spring Township Authority at docket no.: 11-7985 in the manner as specified below; (2) A check in the amount of$6,565.02 shall be issued and made payable to JPMorgan Chase Bank,N.A. and delivered,c/o Joseph F. Riga, Esq., McCabe, Weisberg& Conway, P.C., 123 South Broad Street, Suite 1400, Philadelphia,PA 19109; (3) A check in the amount of$7,161.48 shall be issued and made payable to Madeleine Redmond and delivered c/o Jane M. Alexander, Esq., 148 South Baltimore Street, P.O. Box 421, Dillsburg, PA 17019; (4) A copy of this order shall be provided to all parties by the Mortgagee. BY IRE COURT: J. ZTHE REBY STIPULATED TO BY THE FOLLOWING AUT R �'D SIGNATURES OF THEIR COUNSEL: f „/ e M. Al xaVder Counsel fo 1e Mortgagee ounsel for the Property Owner V- o�,�° 3 4y tra VP '1 e, ei Cam, `«,�r ►,ae, cz.�✓ rc� �` Joseph F. Riga (PA# 55716) McCabe,Weisberg & Conway, P.C. 123 South Broad Street, Suite 1400 Philadelphia,PA 19109 Tel: (215) 790-1010 Counsel for Petitioner Fax: (215) 7901274 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW c IN RE: -03 �'' =-n rico 3* rn r =rn CONDEMNATION BY THE SILVER ter- v ? SPRING TOWNSHIP AUTHORITY OF A DOCKET NO. 11-7985 a. c SANITARY SEWER EASEMENT IN THE TOWNSHIP OF SILVER SPRING EMINENT DOMAIN p CUMBERLAND COUNTY, PROCEEDINGS IN REM PENNSYLVANIA, OVER LANDS OWNED BY MADELEINE REDMOND VERIFIED AMENDED JOINT PETITION OF PROPERTY OWNER AND MORTGAGEE FOR RELEASE OF FUNDS Madeleine Redmond (the "Property Owner") and JPMorgan Chase Bank,N.A. (the "Mortgagee," and together with the Property owner,the "Petitioners") hereby petition this Court for the release of condemnation funds paid into Court pursuant to 26 Pa.C.S. §522 (2013), and states as follows: 1. The Property Owner is title owner of the real property known as 220 Hogestown Road, Mechanicsburg, PA 17050 (the "Property"). 2. Mortgagee is the assignee of a first priority mortgage dated October 6, 2005 encumbering the Property and originally granted to AFC First Financial Corp. (the "Mortgage") in connection with a loan to the Property Owner, and no other unsatisfied lien encumbers the Property. 2. On October 20, 2011, the Silver Spring Township Authority (the "Condemnor") filed a declaration of taking in this Court (the "Declaration") seeking to take by eminent domain a portion of the Property. 3. Subsequently, the Condemnor paid into Court the sum of$13,726.00 (the "Fund") for distribution to the appropriate interested party pursuant to 26 Pa.C.S. §§307, 521 (2013). 4. Pursuant to Pennsylvania's condemnation statute, the terms of the Mortgage and the Petitioners' agreement, see eg nerally Union Nat'l Bank v. Redevelopment Authority of New Kensington, 13 Pa. Cmmw. 295, 320 A.2d 370 (1974), the Fund should be divided among the Petitioners as follows: (1) a check in the amount of$6,565.00 is to be issued to JPMorgan Chase Bank, N.A., c/o Joseph F. Riga, Esq., McCabe, Weisberg& Conway, 123 South Broad Street, Suite 1400, Philadelphia, PA 19109; and (2) a check in the amount of$7,161.00 to be issued to Madeleine Redmond, c/o Jane M. Alexander, Esq., 148 South Baltimore Street, P.O. Box 421, Dillsburg, PA 17019. WHEREFORE, the Petitioners respectfully request the release of the Fund pursuant to the Stipulated Order attached hereto. Dated: August 23, 2013 Respectfully submitted, McCabe,We' g n ay, P Jane M. Alexander, Esquire By: Joseph F. R' t rney for the Property Owner Attorneys f r the Mortgagee 2 VERIFICATION We hereby verify that the statements made in the foregoing Amended Petition for Release of Funds are true and correct. We understand that statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authoriti Joseph F is J M. Alexan er Date: August 23, 2013 3 PROOF OF SERVICE The undersigned hereby certifies that on August�, 2013, she caused to be served on the parties named below the foregoing Amended Petition and Form of Stipulated Order by first-class, United States mail, postage pre-paid: Joseph F. Riga, Esq. Counsel for Mortgagee McCabe, Weisberg & Conway, P.C. 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 Steven Stine, Esq. Counsel for the Condemnor 23 Waverly Drive Hummelstown, PA 17036 J e . Alexander A orney for Madeleine Redmond COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW c ' IN RE: "Q3 ' DOCKET NO. 11-7985 =rn c r" CONDEMNATION BY THE SILVER cn� ry SPRING TOWNSHIP AUTHORITY OF A EMINENT DOMAIN 'T SANITARY SEWER EASEMENT IN THE PROCEEDINGS IN REM 3,. "'0 cam : C-) TOWNSHIP OF SILVER SPRING m e.n d ej Y CUMBERLAND COUNTY, .._, - STIPULATED ORDER PENNSYLVANIA, OVER LANDS OWNED CO F BY MADELEINE REDMOND AND NOW, this (.e day of AIA 4,w , 2013, upon consideration of the foregoing amended petition, it is hereby ordered that (1) The Cumberland County Prothonotary' s Office release the $13,726.00 paid into this Court as just compensation for the eminent domain proceedings initiated by the Silver Spring Township Authority at docket no.: 11-7985 in the manner as specified below; (2) A check in the amount of$6,565.00 shall be issued and made payable to JPMorgan Chase Bank,N.A. and delivered c/o Joseph F. Riga, Esq., McCabe, Weisberg & Conway, P.C., 123 South Broad Street, Suite 1400, Philadelphia, PA 19109; (3) A check in the amount of$7,161.00 shall be issued and made payable to Madeleine Redmond and delivered c/o Jane M. Alexander, Esq., 148 South Baltimore Street, P.O. Box 421, Dillsburg, PA 17019; (4) A copy of this order shall be provided to all parties by the Mortgagee. Y E COURT: B : J. THE AB RELI F I EBY STIPULATED TO BY THE FOLLOWING PA ES BY TH THO ZED SIGNATU S OF THEIR COUNSEL: j/ Joseph F. ✓ e M. Alex a der Counse e rtgagee ounsel for the Prop rty Owner /* UF THE PROTHONOTARV' David D. Buell - CUMBERLAC'ego'U�t Y CU?\�IBERLAI\D COUNTY PROTHONOTARY OFFICE c� I COURTHOUSE SQUARE,�TE 100 CARLISLE.PA 17013 PENN`�YLVANIA CHECK DATE CHECK NUMBER PAY THIS AMOUNT 08/27/2013 2254 $6, 565 . 00 Six Thousand Five Hundred Sixty Five And 00/100 Dollars TO THE ORDER OF . ATP MORGAN CHASE 'BANK NA 11-7985 - AUTHORIZED IGNATURE 11'00 2 2 S 411" 1:0 3 1 3 1 S0 3 6i: LOB 1 1 1 1 7 111' David D. Buell ORRSTOWN BANK SHIPPENSBURG.PA CUMBERLAND COUNTY PROTHONOTARY OFFICE 60-15031313 GENERAL.FU1\TD I COURTHOUSE SQUARE,SUITE 100 CARLISLE,PA 17013 CHECK DATE CHECK NUMBER PAY THIS AMOUNT 08[27/2013 2255 $7, 161 . 00 Seven Thousand One Hundred Sixty One And 00/100 Dollars TO THE ORDER OF REDMOND MADELEINE 11-7985 A IZED SIG TURE. 11'00225511" 1:03131SO3D: 108 1111 '? I'll RECEIPT FOR TRANSFER Cumberland County Prothonotary' s Office Receipt Date 08/27/2013 Carlisle, Pa 17013 Receipt Time 9 : 51 : 13 Receipt No. 294897 SILVER SPRING TOWNSHIP 31 EAST MAIN STREET PO BOX 1001 NEW KINGSTOWN, PA 17072 Case Number 2011-07985 Remarks RELEASE BY ORDER OF COURT DATE D 08-26-2013 ---------------------- Distribution Of Adjustment --------------------------- Transaction Payee This Adj BOND PROTHONOTARY ESCROW 6, 565 . 00- REFUND JP MORGAN CHASE BANK NA 6, 565 . 00 BOND PROTHONOTARY ESCROW 7, 161 . 00- REFUND REDMOND MADELEINE 7, 161 . 00 10014708272013 Cumberland County Prothonotary's Office Page: 1 PYS380 Check Register Costs & Fees Tran Receipt Case Trans Check Check Check Payee Name - Rel Date Desc No No Amount Date No Amount JP MORGAN CHASE BANK NA REFUND 8/27/2013 TRNS ESC IN 294897 11-07985 6,565.00 08/27/2013 2254 6,565.00 ** REDMOND MADELEINE REFUND 8/27/2013 TRNS ESC IN 294897 11-07985 7,161.00 08/27/2013 2255 7,161.00 ** Total Amount Released 13,726.00 -----------------------------------End of Listing ---------------------------------------------------------------------