HomeMy WebLinkAbout12-4502T
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 MICKEY D. SMITH :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA r,
4
NO. 4 . Y
C ..i
71 = r?.
EMINENT DOMAIN - IN REM
Z,C7 ?n
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:
The Condemnor is the Silver Spring Township Authority (the "Authority") acti
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-2012-
10, 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
f 163. 73
CWa2s 7
A ? -1 ?820
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,
County, Pennsylvania, necessary to be obtained for the purpose aforesaid.
7. The nature of the title hereby acquired is a permanent sanitary sewer easement as
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- 2012-10
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 Mickey
Smith, 12 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 Manage
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.
r
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-2012-10 this _ day of June 2012 by
the Board of the Silver Spring Township Authority.
ATTEST: SILVER SPRING TOWNSHIP AUTHORITY
By
Q4txAl-?
6ecrettary If' Chairma
n
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% , 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 , 2012.
retary
_ r
GERMAN, WILLIAM
14 W WILLOW TERRACE DR
PIN 38-17-1023-023
DEEDBOOK 0028S-00377
i
e _
i
i
r
EASEMENT AREA
\ 2,159 SQ. FT.
PROPO SED 20'
OL
SANITARY
B
K
EASEMENT
e
A
F
4
n SKILTON, WILLIAM & NANCY
10 WEST WILLOW TERRACE DRIVE
PIN 38-17-1023- 022A
O \
N DEEDBOOK 00278- 00220
o
\` PPROPERTY LINE INFORMATION SHOWN IS
Z.
` TAKEN FROM DEED(S) OF RECORD. NO
m BOUNDARY SURVEY HAS BEEN PERFORMED
-i BY PENNON ASSOCIATES, INC.
Pennoni Associates Inc.
12 WEST WILLOW TERRACE DR SCALE: 1 = 40'
Consulting Engineers DATE: 1 /13/10
WILLOW TERRACE SEWER EXTENSION DWN BY: S S
SANITARY SEWER EASEMENT REV.:
REV. BY:
1215 Manor Drive Site 100 TAX MAP 38-17-1023-023A DWGMechanicsburg. 6481 17055
(717) 975-6 SILVER SPRING TOWNSHIP JOB #: SSA 00118
CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 F 1
MICKEY
W TERRACE OR
-1023-023A
00271-00842
III
EXHIBIT "B"
T
0
GERMAN, WILLIAM
14 W WILLOW TERRACE DR
PIN 38-17-1023- 023
DEEDBOOK 0028S- 00377
EASEMENT AREA
2,159 SQ. FT.
PROPOSED 20'
SANITARY EASEMENT
SM/ TH, M/CKEY t. -?
1 W WILLOW TERRACE DR
38-17-1023-023A
DE BOOK 00271-00842
SKIL TON, WILLIAM & NANCY
10 WEST WILLOW TERRACE DRIVE _
\ PIN 38-17-1023-022A A?-
DEEDBOOK 00278-00220
\\ X PPRO ERTY LINE INFORMATION SHOWN IS
\` TAKEN FROM DEED(S) OF RECORD. NO
\ BOUNDARY SURVEY HAS BEEN PERFORMED 1
BY PENNONI ASSOCIATES, INC.
Pennon! Associates inc. 12 WEST WILLOW TERRACE DR [EV. LE: 1° = 40'
Consulting Engineers TE: 101 X10
WILLOW TERRACE SEWER EXTENSION
SANITARY SEWER EASEMENT V.: SGS
TAX MAP 38-17-1023-023A BY:
1215 Manor Drive Suite 100 #.
(717) Mechanicsbu rg. 975-66481 17055 SILVER SPRING TOWNSHIP #: SSPA 0118
CUMBERLAND COUNTY, PENNSYLVANIA ET: 1 OF
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 Count
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 Af
i
day of 2012.
ATTEST:
6Setary
SILVER SPRING TOWNSHIP AUTHORITY
By:
Chai an
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. l2 '
r 7
SILVER SPRING CUMBERLAND :
COUNTY, PENNSYLVANIA, OVER
LANDS OWNED BY MICKEY D. SMITH : EMINENT DOMAIN -- IN REM
=CD
{ ('
NOTICE TO CONDEMNEE
In accordance with Section 305 of the Eminent Domain Code, 26 Pa.C.S.A. §305, S
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. 38-17-1023-023A, has
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
r- ?-
objections within thirty (30) days after being served with this notice.
t
By
Ste
Sol
Att
23
Hu
(71
EXHIBIT "A"
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 MICKEY D. SMITH :
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
the sanitary sewer system.
4. This Declaration of Taking is made an authorized by virtue of Resolution A-201:
10, 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
i
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, Cumber
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).
r
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
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 unworn 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: / j j ?? By:
EXHIBIT "A"
7
SILVER SPRING TOWNSHIP AUTHORITY
Cumberland County, Pennsylvania
RESOLUTION A- 2012-10
WHEREAS, the Silver Spring Township Authority (the "Authority") is a
municipality authority, existing under the Municipality Authorities Act, as amended;
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 Mickey
Smith, 12 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 Manag<
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.
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-2012-10 this day of June 2012 by
the Board of the Silver Spring Township Authority.
ATTEST: SILVER SPRING TOWNSHIP AUTHORITY
By. .
6'eZcretaryy Chairman
I
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 ZU , 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 , 2012.
? "
'
A
c (SE
L)
retary
f? xti, hIr
t GERMAN, WILLIAM
' . 14 W WILLOW TERRACE DR
PIN 38-17-102J-02J
DEEDBOOK 0028S-00J77
i 1 I
un
r \
EASEMENT AREA
? 2,159 SQ. FT. SMITH, MICKEY
1 W WILLOW TERRACE DR
PROPOSED 20' 38-17-1023-023A
SANITARY EASEMENT DE BOOK 00271-00842
..
SKIL TON, WILLIAM & NANCY 1
0
10 WEST WILLOW TERRACE DRII/E 4
PIN 38-17-1023-022A
-
- -
7- DEEDBOOK 00278-00220
PPRO
AX ERTY LINE INFORMATION SHOWN IS
Z TAKEN FROM DEED(S) OF RECORD. NO ,
` a
\ BOUNDARY SURVEY HAS BEEN PERFORMED
\
1
A BY PENNONI ASSOCIATES, INC.
12 WEST WILLOW TERRACE DR SCALE: = 40'
Pennoni Associates Inc.
Consulting Engineers DATE: 0/13/10
WILLOW TERRACE SEWER EXTENSION DWN BY: GS
SANITARY SEWER EASEMENT REV.:
MAP 38-17-1023-023A REV. BY:
TAX D
G
1215 Manor Drive Site 100 W
#:
Mechanicsburg, PA 17055
SILVER SPRING TOWNSHIP
JOB #: S S
PA 00118
(717) 975-6481
CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 OF 1
EXHIBIT "B"
?I
?- f
GERMAN, WILLIAM
14 W WILLOW TERRACE DR
PIN 38-17-1023-023
DEEDBOOK 00285-00377
fl
v ? a\
EASEMENT AREA Q
2,159 SQ. FT. SMITH, MICKEY
1 W WILLOW TERRACE DR
PROPOSED 20' 38-17-1023-023A
SANITARY EASEMENT DE BOOK 00271-00842
n
II
SKIL TON, WILLIAM & NANCY
Cl) 10 WEST WILLOW TERRACE DRIVE ? -
PIN 38-17-1023-022A
Z \ \ DEEDBOOK 00278-00220
C AX
o A
C \ PROPERTY LINE INFORMATION SHOWN IS
Z A TAKEN FROM DEED(S) OF RECORD. NO 1
\ BOUNDARY SURVEY HAS BEEN PERFORMED 1
A ` BY PENNONI ASSOCIATES, INC.
Pennon! Associates Inc. 12 WEST WILLOW TERRACE DR SCALE: 1" 40'
Consulting Engineers WILLOW TERRACE SEWER EXTENSION DATE: 10/13/10
DWN BY: SGS
Penn 1 SANITARY SEWER EASEMENT REV.:
REV. BY:
1215 Manor Drive Suite 100 TAX MAP 38-17-1023-023A DWG:
Mechanicsburg, 17055
(717) 975-6481 SILVER SPRING TOWNSHIP JOB #: SSPA 00118
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 -.1day 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 Count
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 ! U-f b
day of _ i 2012.
ATTEST:
SILVER SPRING TOWNSHIP AUTHORITY
By:
Se tary Chai an
EXHIBIT "B"
III
CD
GERMAN, WILLIAM
I I 14 W WILLOW TERRACE DR
I PIN 38-17-1023-023
I DEEDBOOK 0028S-00377
III -- °
p EASEMENT AREA
2,159 SQ. FT. SMI TH, MICKEY D
1 W WILLOW TERRACE DR
PROPOSED 20' 38-17-1023-023A
0 SANITARY EASEMENT DE BOOK 00271-00842
n
O
70
SKIL TON, WILLIAM & NANCY
C-) A 10 WEST WILLOW TERRACE DRIVE
Z \ PIN 38-17-1023-022A - - -
\` DEEDBOOK 00278-00220
?C
0
\` NOIE:
C \ PROPERTY LINE INFORMATION SHOWN IS
: Z A TAKEN FROM DEED(S) OF RECORD. NO
\ BOUNDARY SURVEY HAS BEEN PERFORMED 1
-A BY PENNONI ASSOCIATES, INC.
Consulting Engineers
Pe^n°nl Associates inc 12 WEST WILLOW TERRACE DR FBY:
WILLOW TERRACE SEWER EXTENSION SANITARY SEWER EASEMENT 1215 Manor Drive Suite 100
TAX MAP 38-17-1023-023A Mechanicsburg, 6481 17055 SILVER SPRING TOWNSHIP (717) 975-6 CUMBERLAND COUNTY, PENNSYLVANIA 0
18
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 MICKEY D. SMITH :
IN THE COURT OF COMMON PLEA`
NS,
*T-
CUMBERLAND COUNTY, PEN
rn
NO. 12-4502 Civil Termp
q c-f
EMINENT DOMAIN - IN REM z c:)
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 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:
Mickey D. Smith
12 West Willow Terrace Drive
Mechanicsburg, PA 17050
OneWest Bank, FSB
888 East Walnut Street
Pasadena, CA 91101
Home Equity of America, Inc.
5001 Kingsley Drive
1MOB1V
Cincinnati, OH 45263
Capital One Bank
c/o Edwin A. Abrahamsen & Associates
120 North Keyser Avenue
Scranton, PA 18504
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Steven A. Stine,
Esquff E----
Supreme Court ID No. 44859
23 Waverly Drive
Hummelstown, PA 17036
(717) 903-1268
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IN RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS
SII:VER SPRING TOWNSHIP :CUMBERLAND COUNTY, PENNSYL''v A>~A u.
AUTHORITY OF A SANITARY SF,WER c =~ `'~~
EASEMENT IN THE TOWNSHIP OF : NO. 12-45x2 CIVIL, ~~ '~ _.i
SILVER SPRING
(:UMBERLAND ~rn ~ ~-~=
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COUNTY, PENNSYLVANIA, OVER :~~ N ''
LANDS OWNED BY MICKEY D. SMITH :EMINENT DOMAIN - P,~ REM ,-~~ ~ ~ '
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PETITION TO DEPOSIT ESTIMATED JUST COMPENSATI== ~i'~'~
PURSUANT TO 26 Pa.C.S.A. SECTION 522
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'TO THE HONORABLE JUDGF,S OF SAID COURT
4
Silver Township Authority is a municipality authority with offices at 5 W illow
Mill Park Road, Suite #3, Mechanicsburg, PA 17050 (the `"Authority")
On July 20, 2012, the Authority filed a Declaration of Taking in the abov~:~-
captioned case.
By 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 tanto of his permanent sanitary sewer easement
claim, without prejudice to his right to proceed to a final determination of .just
compensation, but the Authority was unable to make payment because the
Condemnee was unable to furnish a release of lien and the Condemnee bras not
acknowledged that he will surrender possession of the condemned property.
Upon 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.
5. No fee shall be charged against these funds. 2~6 Pa.C.S. Section 522(b).
6. A Judge has not ruled on any other issue in thus or any related matter.
7. There is no opposing counsel of record in this matter, therefore, concurrence was
not sought.
8. I. Steven A. Stine, Authority Solicitor, affirm that I am authorized to execute this
Petition to Deposit Estimated Just Compensation on behalf of the ~~uthority, and. that the
averments contained and set forth in this Petition are true and correct to the best of my
knowledge, information and belief, and are made subject to the penalties provide~a ire 18
Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
WHERF,FGRE, to assure Petitioner's possession of the condemned property. if
required, to which i.t is entitled under Section 307 of the Eminent Domain Code, ~~~s
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 ~~rder of Court directing payment of said amount, or any part thereof, to tl~ie
condemnees and/or interested parties entitled thereto pursuant to Sections 307, 52] and/or
522 of the Eminent Domain Code, as amended, 26 Pa.C.S. Sections. 307, 521 and. or 522.
as applicable. Respectfully submitted.
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By.
STEVE~~ ~S'C , ESQL~I:RF;
Attorney LD. Ivio. 44859
23 Waverly Drive
Hummelstown, PA 17036
(717) 903-1268
EXHIBIT "A"
23 Waverly Drive
Hummelstown, PA "17036
September 28, 2012
Law Office
of
Steven A. Stine
Mickey D. Smith
12 West Willow Terrace Drive
Mechanicsburg, PA 17050
~h~mc: 717.903.1268
r~,Y: 717.583.2943
rn~iaiL stevenstinF~~~'att.net
Re: Condemnation of a Permanent Sanitary Sewer Easement, 12 West Willow Terrace
Drive, Mechanicsburg, PA 17050;
No. 12-4502 Civil
Dear Mr. Smith:
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. 12-4502, which Declaration condemned a permanent
sanitary sewer easement on property located at 12 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 Country.
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:
l . 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
Mechanicsburg, PA ].7050
(717) 591-1372
If you have any questions or need further informatior,~, please contact me.
S' re
. Sti uthority Solicitor
enclosure
cc: James Stevens, Authority Manager
OneWest Bank, FSB
Horne Equity of America, Inc.
Edwin A. Abrahamsen & Associates
EXHIBIT "B"
PROPOSED SCHEDULE OF DISTRIBUTION
NAME AND ADDRESS OF CONDEMNEE & LOCATION OF PROPERTY:
Name: Mickey D. Smith
Address: 12 West Willow Terrace Drive, Mechanicsburg, PA 17050
Location: Record Book 271, Page 842
T'ax Parcel No. 38-17-1023-023A
ES"TIMATED JUST COMPENSATION: $190.00
ENCUMBRANCES:
TYPE: Mortgage
DATE OF RECORD: September 28, 2005; Assignment recorded June 13, 2012
PLACE OF RECORD: Mortgage Book 1988, page 3998; Assignment -Instrument No.
201217603
AMOUNT: $124,500.00
NAME AND ADDRESS OF LIENOR: OneWest Bank, FSB, 888 ]F_,ast Walnut Sa.reet,
Pasadena, CA 91101
TYPE: l~lortgage
DATE OF RECORD: May 22, 2007
PLACE: OF RECORD: Mortgage Book 1993, page 29
AMOUNT: $15,500.00
NAME AND ADDRESS OF LIENOR: Home Equity of America, 1[nc., 5001 Kingsley
Drive, 1 MOB 1 V, Cincinnati, OH 45263
TYPE: Judgment
DATE OF RECORD: January 5, 2012
PL;~CE OF RECORD: 2012-52 Civil
AMOUNT: $3,699.19
NAME AND ADDRESS OF LIENOR: Capital One Bank (USA) N.A., c/o Edwin A.
Abrahamsen & Associates, 120 North Keyser Avenue, Scranton, PA 18504
INTERESTED PARTIES NOTIFIED OF THE PETITION TO DEPOSIT
ESTIMATED JUS"T COMPENSATION:
Mickey D. Smith
12 West Willow Terrace Drive
Mechanicsburg, PA 17050
OneWest Bank, FSB
888 East Walnut Street
Pasadena, CA 91101
Home Equity of America, Inc.
5001 Kingsley Drive
1MOB1V
Cincinnati, OH 45263
Capital One Bank ;USA) N.A.
c/o Edwin A. Abrahamsen & Associates
120 North Keyser Avenue
Scranton, PA 18504
CERTIFICATE OF SERVICE
I, STEVEN A. STINE, ESQUIRE, do hereby certify that I served a copy ~o~f the
foregoing Petition to Deposit Estimated Just Compensation, upon tree following below-
named individuals i by first class mail, postage prepaid this 24th day of October :~ 0I ?.
SERVED UPON:
Mickey D. Smith
12 West Willow Terrace Drive
Mechanicsburg, PA 1.'050
OneWest Bank, FSB
888 East Walnut Street
Pasadena, CA 91101
Home Equity of America, Inc.
5001 Kingsley Drive
1MOB1V
Cincinnati, OH 45263
Capital One Bank (USAI N.A.
c/o Edwin A. Abrahamsen & Associates
120 North Keyser Avenue
Scranton, PA 18501
~ ~~-'~=-
~: A.. S~FEQE, ESQUIRE
'~,
IN RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS
SILVER SPRING TOWNSHIP : C QUMB~RRL,AND COUNTY, PENNSYLVANIA
AUTHORTTY OF A SANITARY SEWER ~ _
EASEMENT IN THE TOWNSHIP OF : NO.~[-4502 CNII,
SILVER SPRING, CUMBERLAND
COUNTY, PENNSYLVANIA, OVER o,~r~ -~~
LANDS OWNED BY MICKEY D. SMITH :EMINENT DOMAIN - IN REM Z5 -j'
Q~ ~ ~--
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PRAECIPE ~
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TO THE PROTHONOTARY: ~~
Pursuant to Order of Court, attached is a check in the amount of $190.00, payable to the ~
S
Prothonotary, which is the amount of estimated just compensation due the Condemnees
and/or interested parties.
Dated: November 13, 2012
Ste quire
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:
Mickey D. Smith
12 West Willow Terrace Drive
Mechanicsburg, PA 17050
OneWest Bank, FSB
888 East Walnut Street
Pasadena, CA 91101
Home Equity of America, Inc.
5001 Kingsley Drive
1MOB1V
Cincinnati, OH 45263
Capital One Bank (USA) N.A.
c/o Edwin A. Abrahamsen & Associates
120 North Keyser Avenue
Scranton, PA 18504
Attorney I.D.#44859