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Home My WebLink About11-8734IN 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 HARRY R. DEITZ, LEROY E. DEITZ AND SARAH J. DEITZ IN THE COURT OF COMMON PLEAS ' o PENNSYL4iA N CUMBERLAND COUNTY , rnw :NO. 11-8734 CIVIL co 0 EMINENT DOMAIN - IN REM zC) y.? ::' -1 o cn PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION PURSUANT TO 26 Pa.C.S.A. SECTION 522 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 November 18, 2011, the Authority filed a Declaration of Taking in the above- captioned case. By letter dated June 12, 2012, a copy of which is attached hereto as Exhibit "A", the Condemnees 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 their 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 Condemnees were unable to furnish a release of lien and the Condemnees have not acknowledged that they will surrender possession of the condemned property. 4. Upon issuance of an Order by this Court granting this Petition to Deposit --a z M 70 CD s° C) -n 7" 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 Condemnees. 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: ST , ESQUIRE Attorney I.D. No. 44859 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 EXHIBIT "A" 23 Waverly Drive Hummelstown, PA 17036 July 12, 2012 Law Office phone: 717.903.1268 Of fax: 7117.583.2943 email: ste?enstine@att.net Steven A. Stine Harry R. Deitz, Leroy E. Deitz and Sarah J. Deitz 453 Mulberry Drive Mechanicsburg, PA 17050 Re: Condemnation of a Permanent Sanitary Sewer Easement and Temporary Construction Easement, 451 Mulberry Drive, Mechanicsburg, PA 17050; No. 11-8734 Civil Dear Messsers Deitz and Ms. Deitz: On November 18, 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. 11-8734, which Declaration condemned a permanent sanitary sewer easement and temporary construction easement on property located at 451 Mulberry Drive, 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 $2,227.00. 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 August 3, 2012, and within twenty (20) days of this letter: 1. 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 Mechanicsburg, PA 17050 (717) 591-1372 If you have any questions or need further information, please contact me. Authority Solicitor enclosure cc: James Stevens, Authority Manager Cornerstone Federal Credit Union EXHIBIT "B" PROPOSED SCHEDULE OF DISTRIBUTION NAME AND ADDRESS OF CONDMNEES & LOCATION OF PROPERTY: Name: Harry R. Deitz (deceased), Leroy E. Deitz and Sarah J. Deitz Address: 453 Mulberry Drive, Mechanicsburg, PA 17050 Location: Record Book P-35, Page 1112 Tax Parcel No. 38-08-0567-012 ESTIMATED JUST COMPENSATION: $2,227.00 ENCUMBRANCES: TYPE: Mortgage DATE OF RECORD: June 14, 2011 PLACE OF RECORD: Instrument No. 201116756 AMOUNT: $50,000.00 NAME AND ADDRESS OF LIENOR: Cornerstone Federal Credit Union, 5 Eastgate Drive, P.O. Box 1181, Carlisle, PA 17013 INTERESTED PARTIES NOTIFIED OF THE PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION: Harry R. Deitz, Leroy E. Deitz and Sarah J. Deitz 453 Mulberry Drive Mechanicsburg, PA 17050 Cornerstone Federal Credit Union 5 Eastgate Drive P.O. Box 1181 Carlisle, PA 17013 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 7th day of August 2012. SERVED UPON: Sarah J. Deitz 453 Mulberry Drive Mechanicsburg, PA 17050 Cornerstone Federal Credit Union 5 Eastgate Drive P.O. Box 1181 Carlisle, PA 17013 VEN , SQUIRE IN RE: CONDEMNATION BY THE IN THE COURT OF COMMON PLEAS SILVER SPRING TOWNSHIP CUMBERLAND COUNTY. AUTHORITY OI~ A SANITARY SEWER :PENNSYLVANIA EASEMENT IN THE TOWNSHIP OF SILVER SPRING CUMBERLAND : NO. 11-8734 Civil Term COUNTY, PENNSYLVANIA, OVER LANDS OWNED BY HARRY R. DEITZ, EMIl`JENT DOMAIN - IN REM. LF..ROY E. DF,ITZ AND SARAH J. DEITZ PRAECIPE TcJ THI; PROTHONOTARY: Pursuant to Order of Court, attached is a check in the amount of $2,227.00.00, payable to the Prothonotary, which is the amount of estimated just compensation due the Condemnee and/or interested parties. Dated: October 18, 2012 Steve e, squire Supreme Court ID No. 44859 23 Waverly Drive Hummelstown, PA 17036 {717)903-1268 ~_. - ~--, ~~ CERTIFICATE OF SERVICE L. STEVEN A. STINE, ESQUIRE, do hereby c;ertify that I served a true and correct copy of the foregoixig Praecipe on the following below-named individuals by depositing the same in the U.S. Mail, postage pre-paid this IBth day of October 2012.. SERVED UPON: Sarah J. Deitz 453 Mulberry Drive Mechanicsburg, PA l 7050 Cornerstone Federal Credit Union 5 Eastgate Drive P.O. Box 1 I $1 Carlisle, PA 17013 ~7 ___ ;) Attorney LD.#44859 1 r t THE PROTHOti(TA 21A JAN 26 PM 2: f l CUMBERLAND COUNTY PENNSYLVANIA REAGER& ADLER, P.C. Linus E. Fenicle, Esquire Attorney I.D. No. 20944 LFenicle @ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Sarah J. Deitz a/k/a Sarah J. Hoffman IN RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS OF SILVER SPRING TOWNSHIP : CUMBERLAND COUNTY, AUTHORITY FOR A SANITARY SEWER : PENNSYLVANIA EASEMENT IN THE TOWNSHIP OF SILVER SPRING, CUMBERLAND : No. 11-8734 CIVIL COUNTY, PENNSYLVANIA, OVER LANDS OWNED BY HARRY R. DEITZ, : EMINENT DOMAIN—IN REM LEROY E. DEITZ AND SARAH J. DEITZ : MOTION FOR DISTRIBUTION OF ESCROW JUST COMPENSATION IN REGARD TO SUBJECT PROPERTY 1. Movant is Sarah J. Deitz a/k/a Sarah J. Hoffman with an address at 453 Mulberry Drive, Mechanicsburg, PA 17050. 2. The property that was the subject of condemnation by Silver Spring Township was 451 Mulberry Drive, Mechanicsburg, PA. 3. The said property was owned by Harry R. Deitz, Leroy E. Deitz, and Sarah J. Deitz a/k/a Sarah J. Hoffman as joint tenants with the right of survivorship. Said Deed is attached hereto and marked Exhibit "A." • 4. Harry R. Deitz died on May 15, 1995. 5. Leroy E. Deitz died on January 21, 2013. 6. The sole surviving owner of the Property is Sarah J. Deitz a/k/a Sarah J. Hoffman. 7. There is a mortgage on said property in favor of Cornerstone Federal Credit Union. 8. As the sole surviving Owner of said Property, Sarah J. Deitz a/k/a Sarah J. Hoffman is entitled to the monies that have been deposited with the Court as just compensation for the condemnation. 9. Pursuant to C.C.R.P. 208.3(a)(9), undersigned counsel hereby certifies that the concurrence of opposing counsel of record was sought and said counsel does not object to this Motion. WHEREFORE, Sarah J. Deitz a/k/a Sarah J. Hoffman requests that this Court issue an Order directing that the sum of$2,227.00 deposited as just compensation by the Silver Spring Township Authority be distributed to Sarah J. Deitz a/k/a Sarah J. Hoffman. Respectfully submitted, REAGE' ADLER, P.C. Date: January 28, 2014 t ‘61 Linus E. Fenicle, Esquire Attorney I.D. PA 20944 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Sarah J. Deitz a/k/a Sarah J. Hoffman ., EXHIBIT "A" • • • • • THIS FEED, MADE THE day of/9/%111--1L in the year of our Lord one thousand nine hundred ninety-two (1992) • • BETWEEN HARRY R. DEITZ, LEROY E. DEITZ, singlemen, and SARAH J. DEITZ, singlewoman, all of Silver Spring Township, Cumberland County, Pennsylvania, parties of the first ui part, hereinafter called 1-• ? M Grantors, °Lai s N and HARRY R. DEITZ, LEROY E. DEITZ, singlemen and °o SARAH J. DEITZ singlewoman, all of Silver rt; n.. Spring Township, Cumberland County, Pennsylvania, o c? ;< cV parties of the second part, hereinafter called U.'u K1 ' ' Grantees: u p•. «= N WITNESSETH that in consideration of One and no/100 ($1.00) ne S•Dollar, in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey to the said Grantees, their heirs and assigns as joint tenants with right of survivorship and not tenants in common, ALL THAT CERTAIN piece or parcel of land with improvements thereon erected situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers b Surveyors, dated March 21, 1991, consisting of one page, a copy of which is recorded October 16, 1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING in the centerline of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at the dividing line between Lot No. 2 and Lot No. 3 of said Subdivision Plan; thence continuing along the center line of Mulberry Drive and crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 49 degreees 50 minutes 00 seconds West 451.11 feet to the dividing line between Lot No. 1 and Lot No. 2 of aforesaid Plan; thence along said dividing line between Lot No. 1 and Lot No. 2 and passing across said stream and aewer easements, North 10 degrees 39 minutes 30 seconds West 551.12 feet to a point; thence continuing along same North 77 degrees 19 minutes 30 seconds East 274.77 feet to a point in common with Lots Nos. 1, 2, and 3 of said Plan; thence along the dividing line between said Lot No. 2 and Lot No. 3, South 29 degrees 52 minutes 15 seconds East 358.57 feet to the centerline of Mulberry Drive (T-586, a 60 feet wide right-of-way), the point and place of BEGINNING. CONTAINING 3.564 acres, total area, more or less. ueox P 35 PACE/112 • • • • BEING all of Lot No. 2 on the Minor Final Subdivision Plan recorded as aforesaid. AND BEING improved with a two story frame and stone dwelling and outbuildings, known and numbered as 212 Mulberry Drive, Mechanicsburg, Pennsylvania. ALSO BEING a small portion of the same premises which Harry E. Deitz and Elsie S. Deitz, his wife, by their deed dated June 8, 1955, and recorded June 19, 1955, in Cumberland County Deed Book 16 "M", Page 570, granted and conveyed unto Harry E. Deitz and Elsie S. Deitz, husband and wife. The said Harry E. Deitz died October 25, 1957, thereby vesting title in his spouse, the surviving tenant by entirety, Elsie S. Deitz. AND WHEREAS the said Elsie S. Deitz died November 12, 1959, leaving a will dated the 21st day of August, 1959, duly probated and remaining of record in the Office of the Register of Wills in and for Cumberland County in Will Book 52, Page 272, filed to Estate No. 9363, which named her three (3) sons, Harry R. Deitz, Harvey C. Deitz, and Leroy E. Deitz, Executors and sole beneficiaries of her entire estate, the said Harry R. Deitz and Leroy E. Deitz, being two of the Grantors herein. AND ALSO BEING a small portion of the same undivided one- third interest in real estate which the Court of Common Pleas of Cumberland County, by its Decree Awarding Real Estate from the Estate of Harvey C. Deitz, Deceased, dated .41-1',// 9 , 1992 and recorded in Deed Book ,$s -/'" Sr'/ on efi.-e/ y , 1992, awarded to Sarah J. Deitz, one of the Grantors herein. eow AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day and year first above written. (SEAL) H •RY R. D ITZ 1 �- (SEAL) • EROY D ITZ � / 7 (SEAL) SARAH / DEITIVF Signed, Sealed and Delivered in the Prfi/ence of , DOOR P35 PACEl1.1.3 • • . , COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) 7.2',On this, the /Z --day of,40,2'4., 1992, before me, the undersigned officer, personally appeared HARRY R. DEITZ, LEROY E. DEITZ and SARAH J. DEITZ, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. ,,IN WITNESS WHEREOF, I hereunto sat my hand and icial v:∎.-4f o... 7(I,�.r . SEAL) ..Nmrlel�� W'Wam$.Duals.Notary Pudlo 11070"14441/•`.: Crtlste Bore.Cumberland County �'6�i My Cemmdoalon Exptes Od.19.1992 ""-Ii - ' RTIFICATE OF RESIDENCE �a,""•.. Or. I do hereby certify that the precise residence and complete post office address of the within named grantees is ;Z/2„ //'`li�QL�iv^� �,.rrw. /J•a.e.G9.v�cl.o�r')� �/! /a03S/ .9 p,-, 2_1_, , 1992 �"‘‘‘,.- ,,, ,.-4 Attorney for Grantees COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUMBERLAND �d �()(^ l RECORDED on this day of "T" A.D., 1992, in the Recorder's O f I i a of said County, in Deed Book ) , Vol. , pa e Given under my hand and the seal of the said offkF :ai th e date above written. � µ y !r' .,.' , Recorder ',�" 11 ,+, • 1 ��' di•�:ji4... , ; . .1: :}p:t �r.::y��P.'.J,N...r j, r,.,- BOOxP 35 PAGE1114 • • VERIFICATION I, Sarah J. Deitz a/k/a Sarah J. Hoffman, hereby verify that the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. �f� / : Date: 2 �� ,. u � ia:44 Sarah J. Hoffman CERTIFICATE OF SERVICE I, Alana L. Souders, Legal Assistant to Linus E. Fenicle, Esquire, hereby certify that I have this date caused a true and correct copy of the foregoing Motion to be served upon the following counsel of record via First Class U.S. Mail, postage prepaid, addressed as follows: Cornerstone Federal Credit Union 5 Eastgate Drive P.O. Box 1181 Carlisle, PA 17013 Steven A. Stine, Esquire 23 Waverly Drive Hummelstown, PA 17036 Dated: January 28, 2014 • SOO ALA • IN RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS OF SILVER SPRING TOWNSHIP : CUMBERLAND COUNTY, AUTHORITY FOR A SANITARY SEWER : PENNSYLVANIA EASEMENT IN THE TOWNSHIP OF SILVER SPRING, CUMBERLAND : No. 11-8734 CIVIL COUNTY, PENNSYLVANIA, OVER LANDS OWNED BY HARRY R. DEITZ, : EMINENT DOMAIN— IN REM LEROY E. DEITZ AND SARAH J. DEITZ : ORDER AND NOW, this 3 ay of 2014, after consideration of the Motion to Release Just Compensation to Sarah J. Hoffman a/k/a Sarah J. Deitz, it is hereby ORDERED that said Motion is GRANTED and the Prothonotary is DIRECTED to distribute the sum of$2,227.00 payable to Sarah J. Hoffman a/k/., 'arah J. De' . J. Distribution: ✓ Linus E. Fenicle, Esquire Reager & Adler, P.C. 2331 Market Street C) Camp Hill, PA 17011 - - rn Steven A. Stine, Esquire t„r = _ -1 23 Waverly Drive Hummelstown, PA 17036 'C 'e' mac, `a r ca - ornerstone Federal Credit Union D ry ``;E5 5 Eastgate Drive (' P.O. Box 1181 Carlisle, PA 17013 t es /rLct XU f