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HomeMy WebLinkAbout12-4500IN 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 LAURIE F. WISE EMINENT DOMAIN - IN REM rrt?---- r 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 fl, 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 r-- N1 CD 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 maintains. the sanitary sewer system. 4. This Declaration of Taking is made an authorized by virtue of Resolution A-201 07, 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 /a 3. 7 5 4-rr aT 200 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. 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". 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, 1 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 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 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: EXHIBIT "A" SILVER SPRING TOWNSHIP AUTHORITY Cumberland County, Pennsylvania RESOLUTION A- 2012-07 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 Anna Wise, 34 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: 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. 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-2012-07 this 1--? i day of June 2012 by the Board of the Silver Spring Township Authority. ATTEST: 6ecretary SILVER SPRING TOWNSHIP AUTHORITY By: Chai an l 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 2.0 , 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 WITNESS WHEREOF, I set my hand and official seal of the Authority, this day of ?J 2012. ecretary a .Kkib T- A f PASTULA, I}LAURENCE I 1 ' 140 W WILLO TERRACE DR PIN 38-1 1023-014 l , DEEDBOOK Q030K-00693 EASEMENT AREA (u --?- 2167 SQ. FT. -? PROPOSED 20' ;ED SANITARY EASEMENT o k WISE, ANNA 0 w - 34 W WILLOW TERRACE DR ? J? ? J PIN 38-17-1023-015 i 4 yS DEEDBOOK 0018S-00084 lei . i' MERRITTS, TIMOTHY I 7 ( 30 W WILLOW TERRACE DR PIN 38-17-102J-016A t i ( DEEDBOOK 0026 7-0 1 1 09 { , i l f j NOTE `? i }, `t l : I PROPERTY LINE INFORMATION SHOWN IS TAKEN FROM DEED(S) OF RECORD. NO j i BOUNDARY SURVEY HAS BEEN PERFORME BY PENNONI ASSOCIATES, INC. i? --J Ali 1 3 1 i I Pennoni Associates Inc. 34 WEST WILLOW TERRACE DR SCALE: 1" 40' l C i onsu t ng Engineers WILLOW TERRACE SEWER EXTENSION DATE: 10 /15/10 SG D SANITARY SEWER EASEMENT REV.: TAX MAP 38-17-1023-015 REV. BY: 1215 Manor Drive Suite 100 Mechanicsburg, PA 17055 DWG #: (717) 975-6481 SILVER SPRING TOWNSHIP JOB #: SSP 00118 CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 0 1 EXHIBIT "B" 1' J ? aW o V W U 3 O NOTE: PROPERTY LINE INFORMATION SHOWN IS TAKEN FROM DEED(S) OF RECORD. NO BOUNDARY SURVEY HAS BEEN PERFORME BY PENNONI ASSOCIATES, INC. I` a? I Q I O O 1 O r? Ii Pennon! Associates Inc. 34 WEST WILLOW TERRACE DR SCALE: 1" = 40' Consulting Engineers DATE: 10 1510 WILLOW TERRACE SEWER EXTENSION DWN BY: SG SANITARY SEWER EASEMENT REV.: REV. BY: 1215 Manor Drive Site 100 TAX MAP 38-17-1023-015 DWG #: Mechanicsburg, 17055 (717) 975-6481 SILVER SPRING TOWNSHIP JOB #: SSP 00118 CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 0 1 / I f PASTULA, LAURENCE _ 1 1 40 W WILLO TERRACE DR _ ° PIN 38-1 °-1023-014 / l1 DEEDBOOK 030K-00693 EASEMENT AREA 2167 SQ. FT. PROPOSED 20' SANITARY EASEMENT WISE, ANNA 34 W WILLOW TERRACE DR PIN 38-17-102J-015 \ DEEDBOOK 0018S-00084 MERRITTS, TIMOTHY \ 30 W WILLOW TERRACE DR PIN 38-17-1023-016A \ DEEDBOOK 00267-01109 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 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 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 15?, day of Jl 2012. ATTEST: SILVER SPRING TOWNSHIP AUTHORITY By: etary Chairm 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 LAURIE F. WISE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. /2 EMINENT DOMAIN - IN REM NOTICE TO CONDEMNEE 3 r?? ern cn ?"" to -? Q ,i -ri r? 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 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. 38-17-1023-015, 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 --- 7°1 ca objections within thirty (30) days after being served with this notice. By Ste So At 23 HL (7l EXHIBIT "A" T 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 LAURIE F. WISE 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?- 07, 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 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, 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, Cum 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". 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, 1 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). T 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 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: I ?L-- By: EXHIBIT "A" I SILVER SPRING TOWNSHIP AUTHORITY Cumberland County, Pennsylvania RESOLUTION A- 2012-07 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 Anna Wise, 34 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: 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. T 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-2012-07 this day of June 2012 by the Board of the Silver Spring Township Authority. ATTEST: ecretary SILVER SPRING TOWNSHIP AUTHORITY By: Chai an 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 June 20 , 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. `ri, IN WITNESS WHEREOF, I set my hand and official seal of the Authority, this c C. day of aJ v - , 2012. 0 ecretary 3 t; .s (SEAL-). ILI IL O V ? V Q". X, O I :?- Kkf ?, I +1 r r I r j PAS A, ?LAURENCE ,140 W WILLO TERRACE DR PIN 38-1 1023-014 'IDEEDBOOK 0030K-00693 I 1 j EASEMENT AREA I' 2167 SQ. FT. PROPOSED 20' i SANITARY EASEMENT WISE, ANNA ! ! l 34 W WILLOW TERRACE DR i j PIN 38-17-1023-015 DEEDBOOK 0018S-00084 i 4& M j C7 i MERRITTS, TIMOTHY 30 W WILLOW TERRACE DR PIN 38-17-1023-016A DEEDBOOK 00267-01109 0 PPRO ERTY LINE INFORMATION SHOWN IS TAKEN FROM DEED(S) OF RECORD. NO ttl BOUNDARY SURVEY HAS BEEN PERFORME 1 BY PENNONI ASSOCIATES, INC. r I i i O, cc JI ?I t O? J 0 i? i t i1 t, I ? i I ,i ?i i LMonor ociates Inc. 34 WEST WILLOW TERRACE DR SCALE: 1" 40' Engineers DATE: 10 5/10 WILLOW TERRACE SEWER EXTENSION BY: .: SG or?? SANITARY SEWER EASEMENT D REV REV. BY: ve Suite 100 AX MAP 38-17-1023-015 , PA 1055SILVER SPRING TOWNSHIP DJOB #: SSPA 00118 5-6481 CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 OF 1 EXHIBIT "B" I PASTULA, LAURENCE l 40 W WILL TERRACE DR ° PIN 38-1 -102J-014 DEEDBOOK 03OK-00693 I I , J EASEMENT AREA 2167 SQ. FT. OV o V Q \ PROPOSED 20' m SANITARY EASEMENT 3 WISE, ANNA 0 34 W WILLOW TERRACE DR PIN 38-17-102J-015 \ DEEDBOOK 00185-00084 l?? o MERRITTS, 77M0 THY \ r' 30 W WILLOW 7ERRACE DR t PIN J8-17-102J-016A \ ' DEEDBOOK 00267-01109 0 PPRO ERTY LINE INFORMATION SHOWN IS TAKEN FROM DEED(S) OF RECORD. NO \ BOUNDARY SURVEY HAS BEEN PERFORME BY PENNONI ASSOCIATES, INC. \ _ \r II '" Q O rY IJ J_ 3 O J ? I rl 0 IIr- Pennoni Associates Inc. 34 WEST WILLOW TERRACE DR [RE ALE: 1" 40' Consulting Engineers TE: 10/ 5/10 WILLOW TERRACE SEWER EXTENSION BY: SGS Pen SANITARY SEWER EASEMENT BY: 1215 Manor Drive Suite 100 TAX MAP 38-17-1023-015 #: Mechanicsburg, PA 17055 (717) 975-6481 SILVER SPRING TOWNSHIP #: SSPA 00118 CUMBERLAND COUNTY, PENNSYLVANIA ET: 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 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 Abq--? day of _ J 2012. ATTEST: SILVER SPRING TOWNSHIP AUTHORITY 6e e 4 - - - By: tary Chaimi EXHIBIT "B" l STULA, LAURENCE F WYLLO TERRACE DR 4W PIN 38-1 ,-1023-014 DEEDBOOK 030K-00693 I J EASEMENT AREA O fl 2167 SQ. FT. i I OV U \ I PROPOSED 20' r't Q SANITARY EASEMENT 0 3 O WISE, ANNA W WILLOW TERRACE DR J 3 I 4 J PIN 38-17-1023- 015 \ \ DEEDBOOK 0018S-00084 f MERRI TTS, TIMOTHY \ Q I 30 W WILLOW TERRACE OR \ I PIN 38-17-1023- 016A ' DEEDBOOK 00267-01109 fl ' PROPERTY LINE INFORMATION SHOWN IS (I TAKEN FROM DEED(S) OF RECORD. NO \ BOUNDARY SURVEY HAS BEEN PERFORME BY PENNONI ASSOCIATES, INC. \ fI a fl £ ?II _ SCALE: 1" = 40' Associates Inc. Penn ineers lti E iti C 34 WEST WILLOW TERRACE DR DATE: 10 /15/10 ng ng ng su onsu WILLOW TERRACE SEWER EXTENSION DAN BY: S ( ,,S nl n SANITARY SEWER EASEMENT REV.: ? REV. BY: TAX MAP 38-17-1023-015 DWG 1215 Manor Drive Suite 100 #: Mechanicsburg, 17055 6481 SILVER SPRING TOWNSHIP JOB #: S A 00118 (717) 975- CUMBERLAND COUNTY, PENNSYLVANIA SHEET- 1 F 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. 12-4500 Civil Term SILVER SPRING CUMBERLAND COUNTY, PENNSYLVANIA, OVER LANDS OWNED BY LAURIE F. WISE :EMINENT DOMAIN - IN REM T' 4-) I rTi r t PROOF OF SERVICE I, Steven A. Stine, Esquire, Solicitor for Silver Spring Township Authority do 4y •• , ?xcertify 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: Laurie F. Wise 34 West Willow Terrace Drive Mechanicsburg, PA 17050 ,m vmr-x. ;!?r squire Supreme Court ID No. 44859 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery 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 maiipiece, or on the front if space permits. 1. Article Addressed to: A. Sign turo X 0 Agent ,n i i[at ? Addre B. Received by (Printed Name) I C. Date of Delivery D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: 13 No 3. Service Type _) eff.ed mail ? Express mail ? Registered ? Return Receipt for Merchandise ? Insured Mail O C.O.D. 4. Restricted Delivery? (Extra Fee) O Yes 2. Article Number (Transfer fromservkx Jabr 7 012 1010 0002 3931 2798 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 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. I2-4500 CIVIL .~3 ,;;; , ---~ SILVER SPRING, CUMBERLAND ~~ ~ rr~~ COUNTY, PENNSYLVANIA, OV1=;R ---~ --+ ~'~-~: LANDS OWNED BY LAURIE F. WISE :EMINENT DOMAIN - IN REM ~~ ~ ~~ c-- ~': ---~ c~ Y ~~ L PETITION TO DEPOSIT ESTIMATED JUST COMPENSATI -= .. r=? _--~ PURSUANT TO 26 Pa.C.S.A. SECTION 522 ~ § rya "TO THE HONORABLE JUDGES OF SAID COURT: Silver Township Authority is a municipality authority with offices at 5 Willow Mill Park Road, Suite #3, Mechanicsburg, l'A 17050 (the "Authority"}. 2. On July 20, 2012, the Authority filed a Declaration of Taking in the above- captioned case. ay letter dated September 28, 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 Canto of her permanent sanitary sewer 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 has not acknowledged that she will surrender possession of the condemned property. ~. Lpon issuance of an Order by this Court granting this Petition to Deposit 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. No fee shall be charged against these funds. 26 Pa.C.S. Section 522(h). 6. A Judge has not ruled on any other issue in this or any related mattF°r. 7. There is no opposing counsel of record in this matter, therefore, concurrence was not sought. I, Steven A. Stine, Authority Solicitor, affirm that I am authorized to execute this Petition to Deposit Estimated Just Compensation on behalf of the Authorit.>~, and that the averments contained and set forth in this Petition are true and correct to the hest of any 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 ('~:~de, 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. ~2 l 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 ~. N _,: UIRF Attorney LD. No. 44859 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 EXHIBIT "A" 23 Waverly Drive L1W ~ff1Ce ~~hone: 717.903.1268 Hummelstown. PA 17036 Of rax: 717.583.2943 Steven A. Stine t'fll<ll~: S1CVPn$TIfIECq'dTT r1Pf September 28, 2012 Laurie F. Wise 34 West Willow Terrace Drive Mechanicsburg, PA 17050 Re: Condemnation of a Permanent Sanitary Sewer Easement, 34 West Willow Terrace Drive, Mechanicsburg, PA 17050; No. 12-4500 Civil Dear Mr. and Mrs. Strawser: On July 20, 2012, 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. 12-4500, which Declaration condemned a permanent sanitary sewer easement on property located at 34 West Willow Terrace Drive, Mechanicsburg, Pennsylvania. The description of the permanent easement is attached to the Declaration. The amount of the estimated just compensation for the permanent easement is $190.00. This amount of estimated just compensation is being offered to you as payment of your damage claim for the permanent 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 October 20, 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 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 N[echanicsburg, PA 17050 (717) 591-1372 If you have any questions or need further information, please contact me. Sinc ~• tine, Authority Solicitor enclosure cc: James Stevens, Authority Manager EXHIBIT "B" PROPOSED SCHEDULE OF DISTRIBi1TION NAME AND ADDRESS OF CONDEMNEE & LOCATION OF PROPERTY Name: Laurie F. Wise Address::34 West Willow Terrace Drive, Mechanicsburg, PA 17050 Location: Instrument No. 201207558 Tai Parcel No. 38-17-1023-015 ESTIMATED JUST COMPENSATION: $190.00 ENCUMBRANCES: None INTERESTI?D PARTIES NOTIFIED OF THE PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION: Laurie F. Wise 34 West Willow Terrace Drive Mechanicsburg, PA 17050 CERTIFICATE OF SERVICE I, STEVEN A. STINE, ESQUIRE, do hereby certify that I served a copy o~~ the foregoing Petition to Deposit Estimated Just Compensation, upon the following below- named individual(s) by first class :mail, postage prepaid this 24th day of October 2012. SERVED UPON: Laurie F. Wise 34 West Willow Terrace Drive Mechanicsburg, PA 17050 IN RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS SILVER SPRING TOWNSHIP : CUMBERI,~ND COUNTY, PENNSYLVAN IA AUTHORITY OF A SANITARY SEWER ~'~"~"'~ EASEMENT IN THE TOWNSHIP OF : NO. $-4500 CNIL SILVER SPRING, CUMBERLAND COUNTY, PENNSYLVANIA, OVER LANDS OWNED BY LAURIE F. WISE :EMINENT DOMAIN - IN REM -_ ~r_" «~ .. ~.~; ~~ t-- ~ __ - - _ ~~. x y ~= (.,,..f ~ . PRAECIPE ~ ~'°~ ` ' ~~ c-z Yv r~ _; :~ -~- A ~ . tV i ~ ;. ~ . ~ -, TO THE PROTHONOTARY: ~ __ Pursuant to Order of Court, attached is a check in the amount of $190.00, payable to the Prothonotary, which is the amount of estimated just compensation due the Condemnees and/or interested parties. Dated: November 13, 2012 teven A. Stine, sq e 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 13~' day of November 2012. SERVED UPON: Laurie F. Wise 34 West Willow Terrace Drive Mechanicsburg, PA 17050 Attorney I.D.#44859