HomeMy WebLinkAbout12-1481
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7'
20 12 MAR -6 Ali 13, 41
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 JOELLE R. GROSS
AND JOHN MIXELL, JR.
CUMBEKLA D COUNTY
IN THE COURTKIMWDMPLEAS
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 5 Willow Mill Park Road, Suite 3,
Mechanicsburg, PA 17050.
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.
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4. This Declaration of Taking is made an authorized by virtue of Resolution
A-2011-02, 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 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 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 adjacent to the
property, which is the subject of this condemnation
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, 1 Courthouse Square, Carlisle, 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 temporary construction easement is hereby condemned from
the properties identified herein, as indicated on the plans referenced in Paragraph 6
(Exhibit "B") above.
SILVER SPRING TOWNSHIP AUTHORITY
Dated: ? /611z, By:
airman
EXHIBIT "A"
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SILVER SPRING TOWNSHIP AUTHORITY
Cumberland County, Pennsylvania
RESOLUTION A-2011-02
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 temporary construction easement for
purposes of constructing a new sanitary sewer main line on the properties now owned by
Joelle R. Gross, 214 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 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 temporary construction
easement to be acquired all as more fully described on Exhibit "A" 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 temporary construction easement
described in Exhibit "A" 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 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 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 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.
5XWb',T- A 2 0-c- ft
In the event that the Authority cannot expeditiously agree on terms of the
acquisition of the temporary construction 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
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.
5. 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- 2011-02 this 20`" day of July, 2011 by the
Board of the Silver Spring Township Authority.
ATTEST: SILVER SPRING TOWNSHIP AUTHORITY
By:
ecretary Chairman
C WkJ(0rT- A, 3 ,r, H
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.
P
JSreatary
001
"' {'
N IF' -~ 14ADELEINE REDMOND
PIN 38-21-0289-006
DEED BOOK 0033E-0023
220 HOGESTOWN ROAD
!f
P?e
it
JOELLENR.F GROSS II
- - P/N 38-21-0289-001
DEED BOOK 00249-02582
' I 214 HOGESTOWN ROAD
4 I
I PROPOSED 65' TEMPORARY
"p. CONSTRUCTION EASEMENT
r; 11aj
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N/F
14? OROLLE M. WISE
f PIN 38-21-0289-009
b DEED BOOK 0016L-00363 NOTE:
208 HOGESTOWN ROAD
PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
1 BY PENNONI ASSOCIATES, INC.
it I
214 HOGESTOWN ROAD SCALE: 1" = 50'
ing Engineers DATE: 01?20?11
TRINDLE SPRING RUN INTERCEPTOR OWN BY: SGS
F1215Manor Associates Inc.
erEMPORARY CONSTRUCTION EASEMEN REV.:
PIN 3821-0289007 REV. BY:
Drive Suite 100
burg, PA 17055 SILVER SPRING TOWNSHIP DJOB #: SSPA 00119
) 975-6481 CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 OF 1
EXHIBIT "B"
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X10
N/F
MADELEINE REDMOND
PIN 38-21-0289-006
DEED BOOK 0033F-0023
220 HOGESTOWN ROAD
N/F
JOELLE R. GROSS
PIN 38-21-0289-007
DEED BOOK 00249-02582
214 HOGESTOWN ROAD
OPOSED 65' TEMPORARY
VSTRUCTION EASEMENT
N/F
ORWLLE M. WISE
PIN 38-21-0289-009
DEED BOOK 0016L-00363 NOTE:
208 HOGESTOWN ROAD PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNONI ASSOCIATES, INC.
Pennoni Associates Inc. 214 HOGESTOWN ROAD SCALE: 1" = 50'
Consulting Engineers DATE: 01?20?11
TRINDLE SPRING RUN INTERCEPTOR
DWN BY: SGS
/ EMPORARY CONSTRUCTION EASEMEN REV.:
PIN 3821-0289-007 REV. BY:
1215 Manor Drive Suite 100
Mechanicsburg, 17055 SILVER SPRING TOWNSHIP D
(717) 975-6 6481 JOB #: SSPA 00119
CUMBERLAND COUNTY, PENNSYLVANIA SHEET: j OF 1
EXHIBIT "C"
BOND OF CONDEMNOR
KNOW ALL MEN BY THESE PRESENTS, that Declaration of Taking having
been filed the day of t1, 2012, 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
°! N day of 2012.
ATTEST: SILVER SPRING TOWNSHIP AUTHORITY
Y: h6
S cretary C airman
C)
IN RE: CONDEMNATION BY THE IN THE COURT OF COMMON PLEAS
SILVER SPRING TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA
AUTHORITY OF A SANITARY SEWER
EASEMENT IN THE TOWNSHIP OF NO.
SILVER SPRING CUMBERLAND
COUNTY, PENNSYLVANIA, OVER
LANDS OWNED BY JOELLE R. GROSS EMINENT DOMAIN - IN REM
AND JOHN MIXELL, JR.
NOTICE T O CONDEMNEE
In accordance with Section 305 of the Eminent Domain Code, 26 Pa.C.S.A. §305, Silver
Spring Township Authority notifies you that:
1. A Declaration of Taking, a copy of which is attached as Exhibit"A", was filed on
0-" , 2012, 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. 38-21-0289-007, 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
objections within thirty (30) days after being served with this notice.
i
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 JOELLE R. GROSS
AND JOHN MIXELL, JR.
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 5 Willow Mill Park Road, Suite 3,
Mechanicsburg, PA 17050.
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-2011-02, 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 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 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 adjacent to the
property, which is the subject of this condemnation
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, 1 Courthouse Square, Carlisle, 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 temporary construction easement is hereby condemned from
the properties identified herein, as indicated on the plans referenced in Paragraph 6
(Exhibit "B") above.
SILVER SPRING TOWNSHIP AUTHORITY
Dated: 36
By:
airman
EXHIBIT "A"
A ? uT 1
\
r^
SILVER SPRING TOWNSHIP AUTHORITY
Cumberland County, Pennsylvania
RESOLUTION A-2011-02
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 temporary construction easement for
purposes of constructing a new sanitary sewer main line on the properties now owned by
Joelle R. Gross, 214 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 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 temporary construction
easement to be acquired all as more fully described on Exhibit "A" 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 temporary construction easement
described in Exhibit "A" 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 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 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 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 temporary construction 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
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.
5. 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- 2011-02 this 20th day of July, 2011 by the
Board of the Silver Spring Township Authority.
ATTEST: SILVER SPRING TOWNSHIP AUTHORITY
By: Dit J4'-.41
6ecretary Chairman
LXkffOrT- A 3 e'F '-t
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.
.?SEAL)
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4Sretary
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N/F
MADELEINE REDMOND t
PIN 38-21-0289-006
DEED BOOK 0033F- 0023
220 HOGESTOWN ROAD
N/F
JOELLE R. GROSS
PIN 38-21-0289-007
DEED BOOK 00249-02582
214 HOGESTOWN ROAD
PROPOSED 65' TEMPORARY
CONSTRUCTION EASEMENT
I
I
I
I
N/F
ORWLLE M. WISE
PIN 38-21-0289-009 _
DEED BOOK 0016L-00363 NOTE:
208 HOGESTOWN ROAD PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNONI ASSOCIATES, INC.
Pennoni Associates Inc.
214 HOGESTOWN ROAD SCALE: 1" = 50
Consulting Engineers DATE: 01/20/11
TRINDLE SPRING RUN INTERCEPTOR DWN BY: SGS
EMPORARY CONSTRUCTION EASEMEN REV.:
PIN 38-21-0289-007 REV. BY:
1215 Manor Drive Suite 100 DWG #:
Mechanicsburg, PA 17055
(717) 975-6481 SILVER SPRING TOWNSHIP JOB #: SSPA 00119
CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 OF 1
EXHIBIT "B"
r X k " 6-( -r
N/F
MADELE/NE REDMOND
PIN 38-21-0289-006 ,
DEED BOOK 0033F-0023
220 HOGESTOWN ROAD g tt I
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Pennoni Associates Inc:
Consulting Engineers
non?
215 Manor Drive Suite 100
Mechanicsburg, PA 17055
(717) 975-6481
N/F
JOELLE R. GROSS' I
PIN 38-21-0289-007
DEED BOOK 00249-0.2582
214 HOGESTOWN ROAD
)POSED 65' TEMPORARY
4STRUCT10N EASEMENT
N/F
OROLLE M. WISE
PIN 38-21-0289-009
DEED BOOK 0016L-00363 NOTE:
208 HOGESTOWN ROAD PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNONI ASSOCIATES, INC.
214 HOGESTOWN ROAD SCALE: I = 50
TRINDLE SPRING RUN INTERCEPTOR DATE: 01/20/11
DWN BY: SGS
EMPORARY CONSTRUCTION EASEMEN REV.:
PIN 3821-0289-007 REV. BY:
DWG #:
SILVER SPRING TOWNSHIP JOB #: SSPA 00119
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 day of , 2012, by the Silver Spring Township FA- 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 2012.
ATTEST: SILVER SPRING TOWNSHIP AUTHORITY
y: Lk'6?C--l
(?S Chairman"-'
EXHIBIT "B"
G?
NIF I
MADELEINE REDMOND
PIN 38-21-0289-006
DEED BOOK 0033F-00234,
220 HOGESTOWN ROAD
_.
O
?i
O:
O
O
r
N/F
JOEL LE R. GROSS I
PIN 38-21-0289-007
DEED BOOK 00249-02582
214 HOGESTOWN ROAD
)POSED 65' TEMPORARY
JSTRUCTION EASEMENT
N/F
ORVILLE M. WISE
PIN 38-21-0289-009
DEED BOOK 0016L-00363
208 HOGESTO WN ROAD
Pennoni Associates Inc.
Consulting Engineers
Pennon/
1215 Manor Drive Suite 100
Mechanicsburg, PA 17055
(717) 975-6481
NOTE:
PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNONI ASSOCIATES, INC.
214 HOGESTOWN ROAD
TRINDLE SPRING RUN INTERCEPTOR
PORARY CONSTRUCTION Ej
PIN 38-21-0289-007
SILVER SPRING TOWNSHIP
CUMBERLAND COUNTY, PENNSYLVANIA
SCALE: 1" = 50'
DATE: 01/20/11
DWN BY: SGS
REV.:
REV. BY:
D WG #:
JOB #: SSPA 00119
SHEET: 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 JOELLE R. GROSS
AND JOHN MIXELL, JR.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
12-1481 CIVIL
NO
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EMINENT DOMAIN - IN REM
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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. 201206672.
By:
Steve e, Esquire
Solicitor for Silver Spring Township Authority
Attorney ID# 44859
23 Waverly Drive
Hummelstown, PA 17033
(717) 903-1268
CERTIFICATE OF SERVICE
I, Steven A. Stine, Esquire, Solicitor for the Silver Spring Township Authority, do hereby
certify that on March 22, 2012, I served the foregoing Memorandum of Filing of Notice by first
class mail, postage pre-paid upon the following:
John Mixell, Jr.
214 Hogestown Road
Mechanicsburg, PA 17050
Joelle R. Mixell
1870 Lambs Gap Road
Mechanicsburg, PA 17050
S tine, Esquire
Supreme Court ID# 44859
23 Waverly Drive
Hummelstown, PA 17036
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Silver Spring Township Authority
vs.
Joelle R. Gross (et al.)
I +S u1.:-
2017 APR 17 AN 9: 25
CRl.APN7 COUNTY
SYLVANIA
Case Number
2012-1481
SHERIFF'S RETURN OF SERVICE
04/05/2012 08:51 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 5,
2012 at 2051 hours, he served a true copy of the within Notice, upon the within named defendant, to wit:
John Mixell, Jr., by making known unto himself personally, at 214 Hogestown Road, Mechanicsburg,
Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the
said true and correct copy of the same.
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RONALD HOOVER, DEPUTY
04/05/2012 08:51 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 5,
2012 at 2051 hours, he served a true copy of the within Notice, upon the within named defendant, to wit:
Joelle R. Gross, by making known unto herself personally, at 1870 Lambs Gap Road, Mechanicsburg,
Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the
said true and correct copy of the same.
SHERIFF COST: $64.45
April 09, 2012
RONALD HOOVER, DEPUTY
SO ANSWERS,
RON R ANDERSON, SHERIFF
/?.
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 JOELLE R. GROSS
AND JOHN MIXELL, JR.
IN THE COURT OF COMMON PLEAS °?
CUMBERLAND COUNTY, PENNSYt ANJA
NO. 12-1481 CIVIL
EMINENT DOMAIN - IN REM' `
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PROOF OF SERVICE
I, Steven A. Stine, Esquire, Solicitor for Silver Spring Township Authority, do hereby
certify that on the date set forth on the attached Sheriff's Return of Service, I served the Notice
to Condemnees, pursuant to Section 305 of the Eminent Domain Code, 26 Pa.C.S.A. Section
305, upon the following individuals:
John Mixell, Jr.
214 Hogestown Road
Mechanicsburg, PA 17050
Joelle R. Mixell
1870 Lambs Gap Road
Mechanicsburg, PA 17050
Ste n , squire
Supreme Court ID No. 44859
23 Waverly Drive
Hummelstown, PA 17036
(717) 903-1268
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
V???«tr ?t clunhrr,
tf?b
OMCE OF 7hi "ERIPF
Silver Spring Township Authority
vs.
Joelle R. Gross (et al.)
Case Number
2012-1481
SHERIFF'S RETURN OF SERVICE
04/05/2012 08:51 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 5,
2012 at 2051 hours, he served a true copy of the within Notice, upon the within named defendant, to wit:
John Mixell, Jr., by making known unto himself personally, at 214 Hogestown Road, Mechanicsburg,
Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the
said true and correct copy of the same.
RONALD HOOVER, DEP TY
04/05/2012 08:51 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 5,
2012 at 2051 hours, he served a true copy of the within Notice, upon the within named defendant, to wit:
Joelle R. Gross, by making known unto herself personally, at 1870 Lambs Gap Road, Mechanicsburg,
Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the
said true and correct copy of the same.
RONALD HOOVER, DEPUTY
SHERIFF COST: $64.45
April 09, 2012
SO ANSWERS,
RONRfY R ANDERSON, SHERIFF
!Cj CCUntySuite Shentf, 1 eleosoti. I %-,
r
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 JOELLE R. GROSS
AND JOHN MIXELL, JR.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12-1481 CIVIL
: EMINENT DOMAIN - IN REM
ORDER
.V
AND NOW, this day of Gc , 2012, upon presentation
of the Petition to Deposit Estimated Just Compensation, it is ORDERED and
DIRECTED that the sum of $600.00 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.
BY THE COURT
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Distribution List:
? Steven A. Stine, Esquire
23 Waverly Drive
Hummelstown, PA 17036
John Mixell, Jr.
214 Hogestown Road
Mechanicsburg, PA 17050
Joelle Mixell
1870 Lambs Gap Road
Mechanicsburg, PA 17050
V Irwin Mortgage Corporation, d/b/a IPC Mortgage Corporation
9265 Counselor's Row
Indianapolis, IN 46240
ar; e-5 /staled 71al/ x
RA?&
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 JOELLE R. GROSS
AND JOHN MIXELL, JR.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
: NO. 12-1481 CIVIL
: EMINENT DOMAIN - IN REM
PRAECIPE
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TO THE PROTHONOTARY:
Pursuant to Order of Court, attached is a check in the amount of $600.00, payable to the
Prothonotary, which is the amount of estimated just compensation due the Condemnees
and/or interested parties.
Dated: July 12, 2012
even A. St ne, squire
Supreme Court ID No. 44859
23 Waverly Drive
Hummelstown, PA 17036
(717) 903-1268
CERTIFICATE OF SERVICE
1, 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 12th day of July 2012..
SERVED UPON:
John Mixell, Jr.
214 Hogestown Road
Mechanicsburg, PA 17050
Joelle Mixell
1870 Lambs Gap Road
Mechanicsburg, PA 17050
Irwin Mortgage Corporation, d/b/a IPC Mortgage Corporation
9265 Counselor's Row
Indianapolis, IN 46240
S EVEN
Attorney I.D.#44859
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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 JOELLE R. GROSS
AND JOHN MIXELL, JR.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12-1481 CIVIL
: EMINENT DOMAIN - IN REM
ORDER
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 $600.00 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.
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BY THE COURT