HomeMy WebLinkAbout12-4503
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 BRET R. PETTIS
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:
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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
C.,
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
14, duly adopted by the Board of the Authority at a public meeting held on June 20, 2012 in the
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Silver Spring Township Municipal Building. The record of said public meeting being the
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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 as
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, 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
I
Dated: 7, t8 ?? By:
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EXHIBIT "A"
SILVER SPRING TOWNSHIP AUTHORITY
Cumberland County, Pennsylvania
RESOLUTION A- 2012-14
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 Bret Pettis, 1
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:
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-2012-14 this L L day of June 2012 by
the Board of the Silver Spring Township Authority.
ATTEST:
eSILVER 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 ?-Z_, 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.
ik IN WITNESS WHEREOF, I set my hand and official seal of the Authority, this
._ day of '\A?-- , 2012.
4Sretary
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PROPERTY LINE INFORMATION SHOWN IS n. „.
TAKEN FROM DEED(S) OF RECORD. NO,
BOUNDARY SURVEY HAS BEEN PERFORMED
I BY PENNONI ASSOCIATES, INC.
TROUTMAN, REUBEN & MARY JANE
91 OLD WILLOW MILL RD
PIN 38-17-1023-019
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DEEDBOOK 0023H- 00479
EASEMENT
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2'098 SQ'.-? PETTIS, BRET
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to 16 W WILLOW TERRACE DR
PROPOSED 20' IN 38-17-1023-024
0 SANITARY EASE
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t GERMAN, WILLIAM
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PIN J8-17-102J-02J
EEDBOOK 0028S-00377
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Pennoni Associates inc. 16 WEST WILLOW TERRACE DR . 40'
Consulting Engineers
WILLOW TERRACE SEWER EXTENSION 1710
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Wmwwwwn i SANITARY SEWER EASEMENT
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TAX MAP 38-17-1023-024 V.B
1215 Manor Drive S
Mechanicsburg. ite 100
17055
(717) 975-6 6481 SILVER SPRING TOWNSHIP A 00118
CUMBERLAND COUNTY, PENNSYLVANIA F 1
EXHIBIT "B"
i ? NOTE:
I PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED?
I BY PENNONI ASSOCIATES, INC.
I TROUTMAN, REUBEN & MARY JANE
l 91 OLD WILLOW MILL RD
I ` PIN J8-17-102J-019
DEEDBOOK 0023H-00479
1
EASEMENT AREA
O 2,098 SQ. F PETTIS, BRETDRR
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Z 16 W WILLOW TERR(n PROPOSED 20' IN 38-17-1023-024
C7 SANITARY EASE -
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GERMAN, WILLIAM \
14 W WILLOW TERRACE DR
I PIN 38-17-1023-023 \
EEDBOOK 00285-00377
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7Drive ates Inc. 16 WEST WILLOW TERRACE DR SCALE: 1" 40'
ineers DATE: 9/17/10
WILLOW TERRACE SEWER EXTENSION DWN BY: TpC
? SANITARY SEWER EASEMENT REV.:
REV. BY:
12Site 100 TAX MA P 38-17-1023-024 DWG #:
M6 17055 SILVER SPRING TOWNSHIP JOB #: SSPA 00118
6481
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 _7A day of , 2012, by the Silver Spring Township Authority
("Obligor") a municipality authorit 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
day of 2012.
ATTEST:
jSeta;ry
SILVER SPRING TOWNSHIP AUTHORITY
By:
Chai an
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 BRET R. PETTIS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA,
NO. 2 - (,/.Sb 3, !/c L
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EMINENT DOMAIN - IN REM )
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NOTICE TO CONDEMNEE
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In accordance with Section 305 of the Eminent Domain Code, 26 Pa.C.S.A. §305, Sil
Spring Township Authority notifies you that:
A Declaration of Taking, a copy of which is attached as Exhibit "A", was filed
mil, 2012, in the Court of Common Pleas of Cumberland County at
I
above named term and number.
2. A portion of your property, known as Tax Parcel No. 38-17-1023-024, 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
r
objections within thirty (30) days after being served with this notice.
By:
Steven A. Stine, Esquire
Solicitor for Silver Spring Township Authority
Attorney ID# 44859
23 Waverly Drive
Hummelstown, PA 17036
(717) 903-1268
EXHIBIT "A"
IN RE: CONDEMNATION BY THE
SILVER SPRING TOWNSHIP
AUTHORITY OF A SANITARY SEWER
EASEMENT IN THE TOWNSHIP OF
SILVER SPRING CUMBERLAND
COUNTY, PENNSYLVANIA, OVER
LANDS OWNED BY BRET R. PETTIS
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
14, duly adopted by the Board of the Authority at a public meeting held on June 20, 2012 in
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,
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,
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
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: 7 ?? By:
EXHIBIT "A"
SILVER SPRING TOWNSHIP AUTHORITY
Cumberland County, Pennsylvania
RESOLUTION A- 2012-14
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 Bret Pettis, 1'.
West Willow Terrace Drive, Mechanicsburg, PA 17050; and
WHEREAS, in order to ensure proper sanitary sewer service, it has been deeme
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 Ma
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
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 o
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 an, possession of this permanent easement in order to complete the sanitary sewe
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 Solicitot
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-2012-14 this L (. day of June 2012 by
the Board of the Silver Spring Township Authority.
ATTEST:
ecretary
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 2-u , 2012, at which meeting a quorum was present; said Resolution was adopte
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
7. tk
v day of -?? r\ <, , 2012.
S retary
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NROTE:
PERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNONI ASSOCIATES, INC.
TROUTMAN, REUBEN & MARY JANE
91 OLD WILLOW MILL RD
PIN 38-17-1023- 019
DEEDBOOK 0023H-00479
?I
I
I
EASEMENT AREA
2,098 SQ. F PETTIS, BRET
16 W WILLOW TERRACE DR
PROPOSED 20' IN 38-17-1023-024
SANITARY EASE
1
GERMAN, WILLIAM
14 W WILLOW TERRACE OR \
PIN J8-17-102J-023
\
I 1 ( ?.1 EEDBOOK 0028S-00377
? alt
L
Pennoni Associates Inc. 16 WEST WILLOW TERRACE DR SCALE: " = 40'
Consulting Engineers WILLOW TERRACE SEWER EXTENSION DATE: /17/10
OWN BY: C
SANITARY SEWER EASEMENT REV.:
REV. BY:
1215 Manor Drive Site 100 TAX MAP 38-17-1023-024 DWG.
Mechanicsburg, 17055
(717) 975-6481 SILVER SPRING TOWNSHIP JOB S PA 00118
CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 OF 1
EXHIBIT "B"
F
NOTE:
PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
(I BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNONI ASSOCIATES, INC.
TROUTMAN, REUBEN & MARY JANE
I 91 OLD WILLOW MILL RD
f PIN J8-17-102J-019
DEEDBOOK 0023H- 00479
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EASEMENT AREA
2,098 SQ. F PETTS, BRET
16 W WILLOW TERRACE DR
4 4*1
PROPOSED 20 /N 38-17-1023-024
SANITARY EASE
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GERMAN, WILLIAM
14 W WILLOW TERRACE DR \
PIN 38-17-1023-023 \
En EDBOOK 0028S-00377 - - A
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Pennoni Associates Inc. 16 WEST WILLOW TERRACE DR SCALE: 1" = 40'
Consulting Engineers DATE: 9/17/10
WILLOW TERRACE SEWER EXTENSION DI BY: TD
SANITARY SEWER EASEMENT REV.:
REV. BY:
1215 Manor Drive Suite 100 TAX MAP 38-17-1023-024 DWG
Mechanicsburg, 17055
(717) 975-6481 SILVER SPRING TOWNSHIP JOB #: SSP 00118
CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 017 1
EXHIBIT "C"
BOND OF CONDEMNOR
KNOW ALL MEN BY THESE PRESENTS, that Declaration of Taking having been
filed the 70?, day of J , 2012, by the Silver Spring Township Authority
("Obligor") a municipality authorit 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
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.
1
SEALED with the Silver Spring Township Authority seal and duly executed this
day of 2012.
ATTEST:
SILVER SPRING TOWNSHIP AUTHORITY
By:
S etary Chai an
EXHIBIT "B"
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NOTE:
PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORMED
BY PENNONI ASSOCIATES, INC.
TROUTMAN, REUBEN & MARY JANE
PIN 38-17-1023-019
=EASEMENT AREA
PROPOSED 20, 1N 38-17-1023-024
SANITARY EASE
91 OLD WILLOW MILL RD
DEEDBOOK 0023H-00479
F PETTIS, BRET
16 W WILLOW TERRACE DR
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Pennoni Associates inc. 16 WEST WILLOW TERRACE DR SCALE: 1" = 40'
Consulting Engineers WILLOW TERRACE SEWER EXTENSION DATE: 9/17/10
DWN BY: C
Pen 1 SANITARY SEWER EASEMENT REV.:
REV. BY:
1215 Manor Drive Suite 100 TAX MAP 38-17-1023-024 DWG #:
Mechanicsburg, 17055
(717) 975-6481 SILVER SPRING TOWNSHIP JOB #: S A 00118
CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 F 1
I
0
GERMAN, WILLIAM
14 W WILLOW TERRACE DR \
PIN 38-17-1023-023 \
En EDBOOK 0028S-00377
i
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. 12-4503 Civil Term t;. N __.
SILVER SPRING CUMBERLAND
COUNTY, PENNSYLVANIA, OVER
LANDS OWNED BY BRET R. PETTIS EMINENT DOMAIN - IN REM
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PROOF OF SERVICE - ?
I, Steven A. Stine, Esquire, Solicitor for Silver Spring Township Authority, do hereby
certify that on the date set forth on the attached 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:
Brett R. Pettis
16 West Willow Terrace Drive
Mechanicsburg, PA 17050
Pennsylvania National Bank & Trust Co.
One South Centre Street
Pottsville, PA 17901
Fulton Bank
6520 Carlisle Pike
Mechanicsburg, PA 17055
ire
Supreme Court ID No. 44859
23 Waverly Drive
Hummelstown, PA 17036
(717) 903-1268
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[N RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS +~% ~,s
SILVER SPRING TOWNSHIP : CUMBERLAND COUNT'', PENNSYLYA ,~,
AUTHORITY OF A SANITARY SEWER "'~U'
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EASEMENT IN THE TOWNSHIP OF
: NO. 12-4503 CIVIL ~: ~
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SILVER SPRING, CUMBERLAND I:l~
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COUNTY, PENNSYLVANIA, OVER ~,-
LANDS OWNED BY BRETT R. PETTIS :EMINENT DOMAIN - IN REM ~~ ~
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PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION rv
PURSUANT TO 26 Pa.C.S.A. SECTION 522
TO "THE HONORABLE JUDGES OF SAID COURT:
3
Silver Township Authority is a municipality authority with offices at 5 Willow
Mill Park Road, Suite #3, Mechanicsburg, PA 17050 (the `'Authority'')
On July 20, 2012, the Authority tiled a Declaration of Taking in the abovl:,-
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 F~asement
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 o~~ lien and the Condemnee h,~~s ~~ot
acknowledged that he will surrender possession of the condemned proper.-ty.
4. Upon issuance of an Order by this Court granting this Petition to Deposiit.
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
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the Condemnee.
~. Na fee shall be charged against these funds. 26 Pa.C.S. Section 522(b}.
6. A Judge has not ruled on any other issue in this. or any related matter.
7. There is no opposing counsel of record in this matter, therefore, concurrence was
not sought.
8. I, Steven A. Stine, Authority Solicitor, affirm ghat I am authorized to exer..~,zte this
Petition to Deposit Estimated Just Compensation on behalf of the Authority, and that the
averments contained and set forth in this Petition are tnue and correct to the best of my
knowledge, information and belief, and are made subject to the penalties provided in 18
Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
WHEREFORE, to assure Petitioner's possession of the condemned property. if
required, to which it is entitled under Section 307 of the Eminent Domain Code, ,as
amended. 26 Pa.C.S. Section 307, Petitioner respectfully requests that the Honor~abh:
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
condem~lees and/or interested parties entitled thereto pursuant to Sections 307, `::? 1 and,~or
522 of the Eminent Domain Code, as amended, 26 Pa.C.S. Sections 307, 521 anchor 522,
as applicable. Respectfully submitted,
.. ~~---~
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STEV . ~ E, ESQUIRE
Attorney LD. No. 44859
23 Waverly Drive
Hummelstown, PA 17036
1717) 903-1268
EXHIBIT "A"
Z3 Waverly Drive' Law Office pl:onc: 717.903.1268
Hummefstown, Pfd 1 ~'r)36 O f r~,X: 717.583.2943
E'ill;ll~: tir('VCn StIne~S~a~r.net
Steven A. Stine
September 28, 201:?
Brett R. Pettis
16 West Willow Terrace Drive
Mechanicsburg, PA 17050
Re: Condemnation of a Permanent Sanitary Sewer Easement, 16 West Willow Terrace
Drive, Mechanicsburg, PA 17050;
No. 12-4503 Civil
Dear Mr. Fetus:
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. 12-4503, which Declaration condemned a permanent
sanitary sewer easement on property located at 16 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 $ l 80.00.
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:
1, Arrange for the payment or release of all liens and encumbrances against
the payment of estimated just compensation;
:2. Prove ownership of the property if any question as to the title of the
property exists; and
3. Acknowledge that you surrender or are willing to surrender possession of
the condemned permanent sanitary sewer easement and temporary
construction easement.
The name, address and phone number of the Authority Manager is:
James Stevens, Authority Manager
Silver Spring Township Authority
S Willow Mill Park Road, Suite #3
Mechanicsburg, PA 17050
(717) 591-1372
If you have any questions or need further information, please contact me.
ince
Steven A. Stine, Authority Solicitor
enclosure
cc: James Stevens, Authority Manager
Permsylvania National Bank & Trust Co.
Fulton Bank
EXHIBIT `B"
PROPOSED SCHEDULE OF DISTRIBUTION
NAME AND ADDRESS OF CONDEMNEE & LOCATION OF PROPERTY:
Name: Brett R. Pettis
Address: 16 West Willow Terrace Drive, Mechanicsbl~rg, PA 17050
Location: Record Book 132, Page 137
Tax Parcel No. 38-17-1023-024
ESTIMATED JUST COMPENSATION: $180.00
ENCUMBRANCES:
TYPE: Mortgage
DATE OF RECORD: October 27, 1993; Modification Agreement recorded May 6, 1996
PLACE OF RECORD: Mortgage Book 1173, page 486; Modification Agreement -
Miscellaneous Book 515, page 73
AMOLN'I': $59,850.00
NAME AND ADDRESS OF LIENOR: Pennsylvania National Bank and Trust (::'ompany,
One South Centre Street, Pottsville, PA 17901
TYPE: Mortgage
DATE OF RECORD: November 26, 2003
PLACE OF RECORD: Mortgage Book 1846, page 2'781
AMOUNT: $7,400.00
NAME AND ADDRESS OF LIENOR: Fulton Bank 6520 Carlisle Pike, Mechanicsburg,
PA 17055
[NTERESTED PARTIES NOTIFIED OF THE PETITION TO DEPOSIT
ESTIMATED JUST COMPENSATION:
Brett R. Pettis
16 West Willow 'Terrace Drive
Mechanicsburg, PA 17050
Pennsylvania National Bank and Trust Company
One South Centre Street
Pottsville. PA 17901
Fulton Bank
6520 Caxlisle Pike
Mechanicsburg, PA 17055
r
CERTIFICATE OF SERVICE
1, STEVEN A. STINE, ESQUIRE, do hereby certify that I served a copy cif the
foregoing Petition to Deposit Estimated Just Compensation, upon the following brUlow-
named individual(s) by first class mail, postage prepaid this 24th da.y of October <""012,
SERVED UPON:
Brett R. Pettis
16 West Willow Terrace; Drive
Mechanicsburg, PA 17050
Pennsylvania National Bank and Trust Company
One South Centre Street
Pottsville, PA 17901
Fulton Bank
6520 Carlisle Pik~°
Mechanicsburg, PA 17055
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STE~N A __TIN~, UIRF,
IN RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS
SILVER SPRING TOWNSHIP : CUMBERLAND COUNTY, PENNSYLVANIA
AUTHORITY OF A SANITARY SEWER ~;1 ~' ~'^~
EASEMENT IN THE TOWNSHII' OF : NO. 1~-4503 CIVIL
SILVER SPRING, CUMBERLAND
COUNTY, PENNSYLVANIA, OVER
LANDS OWNED BY BRETT R. PETTIS :EMINENT DOMAIN - IN REM
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PRAECIPE ="' '' ~' -z' ~:Y;r,
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TO THE PROTHONOTARY: .;_
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Pursuant to Order of Court, attached is a check in the amount of $180.00, payable to the
Prothonotary, which is the amount of estimated just compensation due the Condemnees
and/or interested parties.
Dated: November 13, 2012
Steven A. Stine, Esquire
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:
Brett R. Pettis
16 West Willow Terrace Drive
Mechanicsburg, PA 17050
Pennsylvania National Bank and Trust Company
One South Centre Street
Pottsville, PA 17901
Fulton Bank
6520 Carlisle Pike
Mechanicsburg, PA 17055
EN A. STINE
Attorney I.D.#44859