HomeMy WebLinkAbout12-4498IN 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 JOEL D. KRAMER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLV
C)
NO.
I ?? l i?t? ?• rn?
?r-
us D
EMINENT DOMAIN - IN REM
DECLARATION OF TAKING
TO THE HONORABLE, THE JUDGES OF SAID COURT:
rN1a
-73
c
N
Q
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:
The Condemnor is the Silver Spring Township Authority (the "Authority")
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
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 maintainir
the sanitary sewer system.
4. This Declaration of Taking is made an authorized by virtue of Resolution A-201
18, duly adopted by the Board of the Authority at a public meeting held on June 20, 2012 in
""7i
4- 7
q?"
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"
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, 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,
County, Pennsylvania, necessary to be obtained for the purpose aforesaid.
7. The nature of the title hereby acquired is a permanent sanitary sewer easement
set forth on Exhibit "B".
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
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,
Courthouse Square, Carlisle, PA.
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
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
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 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:
By: 'L,u
Chairman
EXHIBIT "A"
SILVER SPRING TOWNSHIP AUTHORITY
Cumberland County, Pennsylvania
RESOLUTION A- 2012-18
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 easement for purposes of
constructing a new sanitary sewer main line on the property now owned by Joel Kramer,
45 West Willow Terrace Drive, 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 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 easement to be
permanently 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 permanent 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
permanent 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 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
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 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 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-2012-18 this ?L day of June 2012 by
the Board of the Silver Spring Township Authority.
ATTEST:
cretary
SILVER SPRING TOWNSHIP AUTHORITY
By:
Chairman
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
June.;; , 2012, 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 WITNE S WHEREOF, I set my hand and official seal of the Authority, this
day of v 1 , 2012.
L
?'
C X k 't 4) , 1?'
? t
NOTE. \
PROPERTY LINE INFORMATION SHOWN /
TAKEN FROM DEED(S) OF RECORD. N
BOUNDARY SURVEY HAS BEEN PERF MED? !,
(
I
BY PENNONI ASSOCIATES, INC.,
?. \
EASE ENT AREA
3, 73 SQ. FT. ? I _. __
.__. _..... __.
KR 'MER
JOEL
# -
,
I
1?
45 W W/ OW TERRACE D ?
P/N 3 -17-1023- 011 I
DEEDS K 00275-0211
1 1 0
PROPOSED 20' 1 1 ?SANITARY EASEMEN
0
`
WEAVER, ORVILLE\ TE
)i I l e ;'
-' N
4 W WILLOW TERRACE DR CH
LOGY
P/N J8-17-102J-012
"
j `OI
EEDBOOK 00270-01726 l (J _ _ --
_
l f r
A 1
O
,i
'
QO
I /!
1
F41
l 1
r ? % 1 t P I I
(
I
0L_ l
1
f ?
Pennoni Associates inc. 45 WEST WILLOW TERRACE DR SCALE: 1" 40'
Cons
ltin
E
i
u
g
ng
neers
WILLOW TERRACE SEWER EXTENSION DATE: 10 1510
? BY:
SG
D
?
P+en
no?n1 SANITARY SEWER EASEMENT
.:
REV
TAX MAP 38-17-1023-011 REV. BY:
1215 Manor Drive Suite 100
Mechanicsburg, PA 17055 DWG #:
(717) 975-6481 SILVER SPRING TOWNSHIP JOB #: SSP 001,8
CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 0 1
EXHIBIT "B"
f r
OP \ \ i
RTY LINE INFORMATION SHOWN I
PR
TAKEN FROM DEED(S) OF RECORD. N ,
BOUNDARY SURVEY HAS BEEN PERF MED
BY PENNONI ASSOCIATES, INC. e Q 4r
EASE ENT AREA
3
73 SQ
FT
,
.
.
KIR
AfER, JOEL f
`
45 WWI OW TERRACED
PIN J .V-17-102J-011
DEEDB K 00275-0211
4r O ?I
? O
I
PROPOSED 20 f J ti,
/SANITARY EASEMEN
O 3
I WEAVER, ORVILLE
W WILLOW TERRACE DR
N 38-17-1023-012 TECHN LOGY
IE
ED BOOK K 00270-01726 OJT ?-
?
/h
(V+ hc/
5 C)
.
fj
v
I
O
CT
f r
_ ? ?l t I r I?
a
0 E
1/
f
Pennoni Associates Inc.
45 WEST WILLOW TERRACE DR
SCALE: 1"
40'
Consulting Engineers
WILLOW TERRACE SEW
R DATE: 10 1510
) E
EXTENSION DWN BY: SG
wwwnf
fff" SANITARY SEWER EASEMENT REV.:
TAX MAP 38-17-1023-011 REV. BY.
1215 Manor Drive Suite 100
Mechanicsburg, 170
55 DWG #:
(717) 975-6481 SILVER SPRING TOWNSHIP JOB #: SSP 00118
CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 0 1
T
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 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 Coun
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.
I
ATTEST: SIL`
By: _
etary Chai
SPRING TOWNSHIP AUTHORITY
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 JOEL D. KRAMER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
C: r
-a
NO. 1 ?-7?f10 r""",
C CSI
EMINENT DOMAIN - IN REM
NOTICE TO CONDEMNEE
In accordance with Section 305 of the Eminent Domain Code, 26 Pa.C.S.A. §305, Sil
Spring Township Authority notifies you that:
1. A Declaration of Taking, a copy of which is attached as Exhibit "A", was filed
2012, in the Court of Common Pleas of Cumberland County at
above named term and number.
2. A portion of your property, known as Tax Parcel No. 38-17-1023-011, has been
condemned for the purpose of constructing a sanitary sewer line extension and its
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.
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 JOEL D. KRAMER
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")
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
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 maintaini
the sanitary sewer system.
4. This Declaration of Taking is made an authorized by virtue of Resolution A-201?-
18, duly adopted by the Board of the Authority at a public meeting held on June 20, 2012 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
Authority's offices, a copy of said Resolution being attached hereto, marked as Exhibit "A"
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, 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,
County, Pennsylvania, necessary to be obtained for the purpose aforesaid.
7. The nature of the title hereby acquired is a permanent sanitary sewer easement
set forth on Exhibit "B".
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
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,
Courthouse Square, Carlisle, PA.
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
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 Takin,
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 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: Byl??
Chairman
EXHIBIT "A"
SILVER SPRING TOWNSHIP AUTHORITY
Cumberland County, Pennsylvania
RESOLUTION A- 2012-18
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 easement for purposes of
constructing a new sanitary sewer main line on the property now owned by Joel Kramer,
45 West Willow Terrace Drive, 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 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 easement to be
permanently 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 permanent 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
permanent 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 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
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.
I -
3. In the event that the Authority cannot expeditiously agree on terms of the
acquisition of the permanent 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 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-2012-18 this -L day of June 2012 by
the Board of the Silver Spring Township Authority.
ATTEST:
cretary
SILVER SPRING TOWNSHIP AUTHORITY
By:
Chairman
_ r
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
June-. _ 2012, 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 WITNE S WHEREOF, I set my hand and official seal of the Authority, this
?-Oday of c v A ?.•, , 2012.
(Jretary
v_ Y Li* : k. r A
NOTE:
PROPERTY LINE INFORMATION SHOWN I
TAKEN FROM DEED(S) OF RECORD. N
BOUNDARY SURVEY HAS BEEN PERF MED
BY PENNONI ASSOCIATES, INC.
EASE ENT AREA
3, 73 SQ. FT.
t
KR 7NER, JOEL t 1
45 W WI OW TERRACED
PIN 3#-17-1023-011
! i
DEEDB K 00275-0211
p
?rQ R
N 'o t
'
PROPOSED 20
l J!
SANITARY EASEMENT
?, x i 13
,i, ( J
WEAVER, ORVILLE TECHN
LOGY
-
4 W WILLOW TERRACE DR
PlN 38-17-1023-012 p
EEDBOOK 0 02 70-0 1 726
1J
k
o ?
1
? ?1
i
C3
1 _E
r
f '
I
i
.
(
Pennoni Associates Inc. 45 WEST WILLOW TERRACE DR SCALE: 1" 40'
C
lti
E
i
onsu
ng
ng
neers
WILLOW TERRACE SEWER EXTENSION DATE: 10 1510
DWN BY: SG
SANITARY SEWER EASEMENT REV.:
TAX MAP 38-17-1023-011 REV. BY:
LManorDrive
e 100
7055 DWG #:
SILVER SPRINGi TOWNSHIP JOB #: SSP 00118
CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 0 1
EXHIBIT "B"
NOTE:
PROPERTY LINE INFORMATION SHOWN I
TAKEN FROM DEED(S) OF RECORD. N
BOUNDARY SURVEY HAS BEEN PERFyMED
BY PENNONI ASSOCIATES, INC.
KR )NER, JOEL
45 W WI OW TERRACE
PIN J#- 17-1023-011
OEEDB K 00275-0211
PROPOSED 20'
SANITARY EASEME
.c
WEAVER, ORWLLE
IEEPIEN W WILLOW TERRACE DR
38-17-1023-012
DBOOK 00270-01726
6
000 ? ///v
0 E -TL-E
Q
rri
a
1
r
o Q
O
Jr
J
?r
3
O
J
J
OI
OI
tAj
TECHN
a
w r r
4 r r
Pennon! Associates Inc.
45 WEST WILLOW TERRACE DR SCALE: 1" - 40'
Consulting Engineers DATE: 10/ 5/10
WILLOW TERRACE SEWER EXTENSION DWN BY: SGS
Pi9ltn 1 SANITARY SEWER EASEMENT REV.:
REV. BY.
1215 Manor Drive Suite 100 TAX MAP 38-17-1023-011 DWG #:
Mech17055
(717) SILVER SPRING TOWNSHIP JOB #: SSPA 00118
975-6481 CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 OF 1
EXHIBIT "C"
r
BOND OF CONDEMNOR
KNOW ALL MEN BY THESE PRESENTS, that Declaration of Taking having been
filed the 7-A^ day of , 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 tl
owner or owners of the property and other parties in interest shall be entitled to receive after t
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 Cou
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
_ By:
etary ChE
EXHIBIT "B"
NOTE:
PROPERTY LINE INFORMATION SHOWN I
TAKEN FROM DEED(S) OF RECORD. N
BOUNDARY SURVEY HAS BEEN PERFqkMED
BY PENNONI ASSOCIATES, INC.
KR 'IUER, JOEL
45 W WI OW TERRACE
PIN 3 -17-1023-011
DEEDS K 002 75-02 1 1
LJ
0
o
B, ? .
PROPOSED 20'
SANITARY EASEME
WEAVER, ORWLLE
W WILLOW TERRACE DR
PIN 38-17-102J-012
JEEE
D
B
OOK 00270-01726
6
oc 4
I ? 0 0 E
0
1
4r ?
o Q
O
Or
_JI
3
O
J
OI
OI
w
a
I
Li I
cl)
I I
0
0
m
Y
Pennoni Assoelates Inc.
45 WEST WILLOW TERRACE DR [OB CALE: 1° 40'
Consulting Engineers WI DATE: 10 1510
LLOW TERRACE SEWER EXTENSION N BY: SG
SANITARY SEWER EASEMENT REV.:
V. BY.
1215 Manor Drive Suite 100 TAX MAP 38-17-1023-011 WG #:
Mechanicsburg, 6481 17055 SILVER SPRING TOWNSHIP (717) 975-6 #: SSP 00118
CUMBERLAND COUNTY, PENNSYLVANIA HEET: 1 0 1
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. 12-4498 Civil Term
SILVER SPRING CUMBERLAND ,
COUNTY, PENNSYLVANIA, OVER a
LANDS OWNED BY JOEL D. KRAMER EMINENT DOMAIN - IN REM
rg m
=rri
C
PROOF OF SERVICE rte- z `j' ?,
< -v
v n ?c
?eb3c..
I, Steven A. Stine, Esquire, Solicitor for Silver Spring Township Authority, do-M ?
°
--4 ---
certify that on the date set forth on the attached copy of the returned receipts, I served the<NoWe
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:
Joel D. Kramer
45 West Willow Terrace Drive
Mechanicsburg, PA 17050
PNC Mortgage
3232 Newmark Drive
Miamisburg, OH 45342
uire
Supreme Court ID No. 44859
23 Waverly Drive
Hummelstown, PA 17036
(717) 903-1268
¦ Complete MM 1, 2, and & Also Complete
item 4 if Restricted Dd&Wy is da raked.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the hack of the maiipieoe,
or on the front tf space permits.
1. Artlde Addressed to:
166b. ? w
q5U.0h l<-I , PA qt&o
A.
84JIM&Ived by (ftged Name) C. Date of Delivery
D. Is deltvey Poem yes
If YES, d*d No
,3%c Mad -ILM ? rase Bell
D Rspbtered D Return Receipt for MerchmMe
CI I =xw ma D C.O.D.
4. Restricted DeQvery9 Pft Fes) Cl Yes
2• ArekleNumtW 7007 2680 0002 6161 5582
mwmw hom service PS Form 3811, February 2004 Domestio Retum Receipt 11540
¦ Complete Iterne 1, 2, and & Also complete
Item 4 if Restricted Delivery Is dednxL
¦ 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 mallplece,
or on the front If space permft
A. Slsrretrae
3 d,, l D Agent
1. Ardcle Addressed to:
P Nc-I'?9
32?3Z- D'
NOaK\S.lCuI, M Z-
C. Date of Delivery'
D. is deilvery address differgnffrtr? item yr,( Yes
If YES, enter delivery rem below. f3 0
& service Typo
-)Kc«wad Mail D >
D ftletered D Rom Receipt for Mercherldies
D insured man D C.O.D.
4. Pmbkfed Del mW P ft Fee) D Yea
2• ArtldeNumber 7007 2680 0002 6161 5605
PS Form 3811, Fetxuary 2004 Domestic Return Receipt 1-1540
s-
KML LAW GROUP, P.C.
Suite 5000 - BNY Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
Attorney for Plaintiff
:~ 1 ~~ i'F~~3'N~N~TA'~
~o ~ z ~u~ ~ ~ ~n is ~ ~
~UM~3ERLANO CQ~f~lTY
~'ENFtSYLYANIA
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 JOEL D. K:RAMER
IN .THE COURT OF COMMON
PLEAS
OF CUMBERLAND COUNTY
NO. 12-4498 CIVIL
EMINENT DOMAIN - IN REM
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of PNC Mortgage, a Division of PNC Bank,
National Association, in the above-captioned matter.
By:
L LAW GROUP, P.C.
ichael McKeever Pa. ID 56129
ay_E. Kivitz Pa. ID 26769
Lisa Lee Pa. ID 78020
Kristina Murtha Pa. ID 61858
David Fein Pa. ID 82628
Thomas Puleo Pa. ID 27615
Jill P. Jenkins Pa. ID 306588
Attorneys for Plaintiff
,~ ,.
KML LAW GROUP, P.C.
Suite 5000 - BNY Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
Attorney for Plaintiff
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 JOEL D. KRAMER
By:
NO. 12-4498 CIVIL
EMINENT DOMAIN- IN REM
CERTIFICATION OF SERVICE
I do hereby certify that a true and correct copy of the foregoing Entry of Appearance
served on the below via first class mail on the date listed below:
Steven A. Stine, Esquire
Solicitor for Silver Spring Township Authority
23 Waverly Drive
Hummelstown, PA 17036
Joel D. Kramer
45 West Willow Terrace
Mechanicsburg, PA
Date: ~ ! l ~ ~ ~~
IN THE COURT OF COMMON
PLEAS
OF CUMBERLAND COUNTY
KML LAW GRO+[JP) P.C.
Nancy Kelleher, igation Paralegal
Telephone: (215) 627-1322