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Home My WebLink About12-4505 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 TIMOTHY F. MERRITTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA', NO. i ca c ti EMINENT DOMAIN - IN REM °?' zrn ?- c V> ? N 3> t? ? - i sat 47 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 §l, 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 Resolutions A- 2012-16 and A-2012-17, duly adopted by the Board of the Authority at a public meeting held on -/v3 ,77-C' ?///6 C?0`3-?2 8'7 99 a 7RZo T June 20, 2012 in the Silver Spring Township Municipal Building. The record of said public meeting being the minutes thereof, and the original resolutions with the accompanying plans may be examined at the Authority's offices, copies of said Resolutions 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 permanent sanitary sewer easements 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 plans 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". 8. Plans (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 properties condemned are being lodged for record in the Office of the Recorder of Deeds in and for Cumberland County in accordance with Section 304 of the Eminent Domain Code, 26 Pa.C.S.A. §304. 10. Plans showing the condemned properties may be inspected at the address of the Condemnor and the Cumberland County Recorder of Deeds, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA. I 11. The payment of just compensation in this matter is secured by an open-end bond without surety pursuant to Section 303(a) of the Eminent Domain Code, 26 Pa.C.S.A. §303(a). Just compensation is made or secured by the filing of the bond. A copy of the bond is attached Exhibit "C". 12. I, Russ Brown, Chairman of the Silver Spring Township Authority, do hereby depose, swear and affirm that I am authorized by and hereby execute this Declaration of 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 easements are hereby condemned from the properties identified herein, as indicated on the plans referenced in Paragraph 6 (Exhibit "B") above. SILVER SPRING TOWNSHIP AUTHORITY Dated: 7/181 IZ By: EXHIBIT "A" SILVER SPRING TOWNSHIP AUTHORITY Cumberland County, Pennsylvania RESOLUTION A- 2012-16 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 Timothy Merritts, 30 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. -r 3. In the event that the Authority cannot expeditiously agree on terms of the acquisition of the permanent easement with the owners of the property in question, then the Chairman and Secretary, with the assistance of the Solicitor and such engineering and other assistance as is deemed appropriate by the officers of the Authority, are hereby authorized and directed to take the permanent easement by exercise of the eminent domain power of the Authority for sanitary sewer purposes under the Municipality Authorities Act, as amended and supplemented from time to time and under the Eminent Domain Code, as amended and supplemented from time to time. 4. Proper officers of the Authority are authorized and directed to execute, file and deliver such documents and to do such other things as may be necessary to carry out the intent and purpose of this Resolution, including, but not limited to a Declaration of Taking. This Resolution shall become effective immediately. 6. In the event any provision, section, sentence, clause or part of this Resolution shall be held invalid, such invalidity shall not affect or impair the remaining provisions, sections, sentences, clauses or parts of this Resolution, it being the intent of the Authority that such remainder shall be and shall remain in full force and effect. DULY ADOPTED as Resolution A-2012-16 this _ day of June 2012 by the Board of the Silver Spring Township Authority. ATTEST: 6 7 S ecretary SILVER SPRING TOWNSHIP AUTHORITY By: Chai an CERTIFICATE I, the undersigned, Secretary of the Silver Spring Township Authority (the "Authority"), certify that the foregoing Resolution was adopted by a majority of the entire Board of the Authority at a meeting duly convened according to law and held on June 2012, at which meeting a quorum was present; said Resolution was adopted by an aye or nay vote; said Resolution and the vote thereon showing how each member voted have been recorded in the minutes of said Board; and said Resolution remains in effect, unaltered and unamended as of the date of this Certificate. IN WITNESS WHEREOF, I set my hand and official seal of the Authority, this ,/-,a day of 2012. v (SEAL). &cretary kr6 h r WISE, ANNA 34 W WILLOW TERRACE DR - i PIN 38-17-1023-015 DEEDBOOK 0018S-00084 01 ? b ? PROPOSED 20' 1 v3 SANITARY EASEMENT > EASEMENT AREA W k" 2,089 SQ. FT. MERRITTS, TIMOTHY 'y 30 W WILLOW TERRACE DR 1 PIN J8-17-102J-016A DEEDBOOK 00267-01109 r -? cc U Q MERRITTS, TIMOTHY -r `°-' - 28 W WILLOW TERRACE DR PIN 38-17-1023- 016 r ' -"' -"-'-- - - ` DEEDBOOK 00267-01111 3 I ;? O+ J NOTE: _ -- I PROP„F? LINE INFORMATION SHOWN IS i ,KEN FROM RECORD. NO /BOUNDARY SURVEY HAS BEE?N BY PENNONI ASSOCIATES, INC.\\\\\\ 4 i i i a1 = 40' Consulting Engineers 1510 Pennoni Associates Inc. 30 WEST WILLOW TERRACE DR KREV.BY: WILLOW TERRACE SEWER EXTENSION S GS P+erwml SANITARY SEWER EASEMENT 1215 Manor Drive Site 100 TAX MAP 38-17-1023-018A Mechanicsburg, PA 17055 (717) 975-6481 SILVER SPRING TOWNSHIP A 00118 CUMBERLAND COUNTY, PENNSYLVANIA F 1 SILVER SPRING TOWNSHIP AUTHORITY Cumberland County, Pennsylvania RESOLUTION A- 2012-17 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 Timothy Merritts, 28 West Willow Terrace Drive, Mechanicsburg, PA 17050; and WHEREAS, in order to ensure proper sanitary sewer service, it has been deemed to be in the public interest for the Authority to acquire, by purchase or eminent domain proceedings, a permanent easement in such lands as the Authority deems necessary for continued effective sanitary sewer service; and WHEREAS, the Board of the Authority, upon the recommendation of its Manager and the advice of its engineer and other advisors, has selected the easement to be permanently acquired, all as more fully described on Exhibit "A" hereto, as attached and to be acquired for the purposes of constructing a new sanitary sewer main line. NOW THEREFORE, the Authority hereby adopts the following resolution: 1. The Chairman, Secretary and other such officers as they may designate, through the Solicitor of the Authority and with the assistance of such other advisors as the Manager deems appropriate, shall contact the owner thereof and negotiate the acquisition of the permanent easement described in Exhibit "A" on terms and conditions deemed advantageous to the Authority in light of the public objectives of the Authority and the necessity to take title to this permanent easement as soon as possible, and to settle on the acquisition of, make proper compensation and full payment for and secure the ownership and possession of this permanent easement in order to complete the sanitary sewer construction project. 2. The proper officers of the Authority are hereby authorized and directed to do all things necessary and desirable to implement the above action by the Authority, including the fixing of the fair market value for the permanent easement taken, making an offer to acquire the property by agreement and to order the preparation and execution of any and all such documentation necessary to accomplish this acquisition. i 3. In the event that the Authority cannot expeditiously agree on terms of the acquisition of the permanent easement with the owners of the property in question, then the Chairman and Secretary, with the assistance of the Solicitor and such engineering and other assistance as is deemed appropriate by the officers of the Authority, are hereby authorized and directed to take the permanent easement by exercise of the eminent domain power of the Authority for sanitary sewer purposes under the Municipality Authorities Act, as amended and supplemented from time to time and under the Eminent Domain Code, as amended and supplemented from time to time. 4. Proper officers of the Authority are authorized and directed to execute, file and deliver such documents and to do such other things as may be necessary to carry out the intent and purpose of this Resolution, including, but not limited to a Declaration of Taking. 5. This Resolution shall become effective immediately. 6. In the event any provision, section, sentence, clause or part of this Resolution shall be held invalid, such invalidity shall not affect or impair the remaining provisions, sections, sentences, clauses or parts of this Resolution, it being the intent of the Authority that such remainder shall be and shall remain in full force and effect. DULY ADOPTED as Resolution A-2012-17 this day of June 2012 by the Board of the Silver Spring Township Authority. ATTEST: SILVER SPRING TOWNSHIP AUTHORITY By: 6ecretary 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 - 2-0 , 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 ,1 Q---' , 2012. y SEAIy} ,S e F- xk 1 iAi'1°- A f S \ t NOTE: PROPERTY LINE INFORMATION SHOWN IS \ TAKEN FROM DEED(S) OF RECORD. NO BOUNDARY SURVEY HAS BEEN PERFORME I ' I BY PENNON ASSOCIATES, INC. I - 1 MERRITTS, TIMOTHY ' \ 30 W WILLOW TERRACE DR P 7 3 4 p I IN 8-1 -1023-016A \ _ DEEDBOOK 00267-01109 ? Z I Z' MERRITTS, TIMOTHY 1 I J , F" 28 W WILLOW TERRACE DR f t V (j 1?.1 EASEMENT AREA PIN 38-17-1023-016 2,004 SQ. FT. DEEDBOOK 00267-01111 ' - p1 ' ?---- PROPOSED 20 -SANITARY EASEMENT ! \ h S A WSER, RONALD 24 W WILLOW TERRACE DR I I r PIN 8-17-1023- 017 t ; i f I ?`L? DEED BOOK 035 Y- 0666 i 4 s I a I j 13 0" "" - " " " - r J .- _ .. Pennoni Associates Inc 28 WEST WILLOW TERRACE DR SCALE: 1" = 40' . Consulting Engineers WILLOW TERRACE SE ER DATE: 1 /15/10 W EXTENSION DWN By. S S SANITARY SEWER EASEMENT REV.: TAX MAP 38-17-1023-016 REV. BY: 1215 Manor Drive Suite 100 Mechanicsburg 17055 1 DWG #: . 75-6 6481 (717) 975-6481 SILVER SPRING TOWNSHIP JOB #: SS A 00118 CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 F 1 EXHIBIT "B" N Z O O?V Z O J ? V ? ? I: I r I S WSER, RONALD 24 W ILLOW TERRACE OR PIN 8-17-1023- 017 DEED BOOK 035Y-0666 0 11 JI C7 f 1 Pennon! Associates Inc. 28 WEST WILLOW TERRACE DR SCALE: 1" 40' Consulting Engineers DATE: 10? 510 WILLOW TERRACE SEWER EXTENSION DWN BY: SGS P+enr w1 SANITARY SEWER EASEMENT REV.: REV. BY: 1215 Manor Drive Site 100 TAX MAP 38-17-1023-016 DWG #: Mechanicsburg, 17055 (717) 975-6481 SILVER SPRING TOWNSHIP JOB f. SSPA 00118 CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 OF 1 - - rn NOTE: PROPERTY LINE INFORMATION SHOWN IS TAKEN FROM DEED(S) OF RECORD. NO 1 BOUNDARY SURVEY HAS BEEN PERFORME BY PENNONI ASSOCIATES, INC. MERRITTS, TIMOTHY 30 W WILLOW TERRACE DR PIN J8-17-102J-016A °;; _ DEEDBOOK 00267-01109 MERRITTS, TIMOTHY 28 W WILLOW TERRACE DR EASEMENT AREA PIN 38-17-1023-016 2,004 SQ. FT. DEEDBOOK 00267-01111 PROPOSED 20' SANITARY EASEMENT a r? rn to J ° I ? WISE, ANNA \ 34 W WILLOW TERRACE DR e PIN J8-17-102J-015 DD OOK 0018S-00084 a PROPOSED 20' \ `' 4 J Z SANITARY EASEMENT -? EASEMENT AREA I O W 2,089 SQ. FT. 0 O , MERR/TTS, TIMOTHY Z ,30 W WILLOW TERRACE DR V PIN 38-17-1023-016A \ DEEDBOOK 0026 7-0 1 1 09 \ x- MERR/TTS, TIMOTHY ? Of 28 W WILLOW TERRACE DR I P/N J8-17-1023-016 I I - DEEDBOOK 00267-01111 3 3C, 0 J ?' j sn ?I PROP _LINE INFORMATION SHOWN IS I TAFtN FROM RECORD. NO fl BOUNDARY SURVEY HAS PERFORME I rj BY PENNONI ASSOCIATES, INC. • Pennoni Associates Inc. 30 WEST WILLOW TERRACE DR SCALE: 1" 40' Consulting Engineers DATE: 10/510 WILLOW TERRACE SEWER EXTENSION DWN BY: SGS Pin ? SANITARY SEWER EASEMENT REV.: REV. BY. 1215 Manor Drive Suite 100 TAX MAP 38-17-1023-016A 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 7_&VII-day of Q)Vkv , 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 properties condemned as hereinafter noted, and other parties in interest, for such amount of damage as the owner or owners of the properties and other parties in interest shall be entitled to receive after tl 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 THOSE CERTAIN lots or pieces 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 properties 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 properties and other parties in interest shall be entitled to receive by reason of such condemnation, after the same shall have -I 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: 6See?tar?y SILVER SPRING TOWNSHIP AUTHORITY By: ` Chairm IN RE: CONDEMNATION BY THE IN THE COURT OF COMMON PLEAS SILVER SPRING TOWNSHIP CUMBERLAND COUNTY, PENNSYL'V-4N?A { AUTHORITY OF A SANITARY SEWER J -, EASEMENT IN THE TOWNSHIP OF NO. CTt r SILVER SPRING CUMBERLAND r COUNTY, PENNSYLVANIA, OVER LANDS OWNED BY TIMOTHY F. EMINENT DOMAIN - IN REM MERRITTS r- n 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: A Declaration of Taking, a copy of which is attached as Exhibit "A", was filed 2A , 2012, in the Court of Common Pleas of Cumberland County at above named term and number. 2. A portion of your properties, known as Tax Parcel Nos. 38-17-1023-016 and 38- 17-1023-016A, have been condemned for the purpose of constructing a sanitary sewer line extension and its appurtenances as set forth on the attached Exhibit "B". 3. If you wish to challenge the power or right of the Silver Spring Township Authority to appropriate the condemned property, the sufficiency of the security, the procedure followed by the Condemnor or the Declaration of Taking, you are required to file preliminary objections within thirty (30) days after being served with this notice. By: SteN Soli Atta 23 Hun (71-) 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 TIMOTHY F. MERRITTS 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 mai the sanitary sewer system. 4. This Declaration of Taking is made an authorized by virtue of Resolutions A- 2012-16 and A-2012-17, duly adopted by the Board of the Authority at a public meeting held June 20, 2012 in the Silver Spring Township Municipal Building. The record of said public meeting being the minutes thereof, and the original resolutions with the accompanying plans may be examined at the Authority's offices, copies of said Resolutions 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 permanent sanitary sewer easements 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 plans 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". Plans (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 properties condemned are being lodged for record in the of the Recorder of Deeds in and for Cumberland County in accordance with Section 304 of the Eminent Domain Code, 26 Pa.C.S.A. §304. 10. Plans showing the condemned properties may be inspected at the address of the Condemnor and the Cumberland County Recorder of Deeds, Cumberland County Courthouse, Courthouse Square, Carlisle, PA. 11. The payment of just compensation in this matter is secured by an open-end bond', without surety pursuant to Section 303(a) of the Eminent Domain Code, 26 Pa.C.S.A. §303(a). Just compensation is made or secured by the filing of the bond. A copy of the bond is attached Exhibit "C". 12. I, Russ Brown, Chairman of the Silver Spring Township Authority, do hereby depose, swear and affirm that I am authorized by and hereby execute this Declaration of on behalf of Silver Spring Township Authority, and that the averments contained and set forth herein are true and correct to the best of my knowledge, information and belief, and are made subject to penalties provided in 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. WHEREFORE, the permanent sanitary sewer easements are hereby condemned from properties identified herein, as indicated on the plans referenced in Paragraph 6 (Exhibit "B") above. SILVER SPRING TOWNSHIP AUTHORITY Dated: 7/1 8l 1Z By: EXHIBIT "A" SILVER SPRING TOWNSHIP AUTHORITY Cumberland County, Pennsylvania RESOLUTION A- 2012-16 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 Timothy Merritts, 30 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 c 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 U possession of this permanent easement in order to complete the sanitary sew( 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 Soli( 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. 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 thf intent of the Authority that such remainder shall be and shall remain in full force and effect. DULY ADOPTED as Resolution A-2012-16 this day of June 2012 by the Board of the Silver Spring Township Authority. ATTEST: 6\S?eecretary SILVER SPRING TOWNSHIP AUTHORITY By: Chai an CERTIFICATE I, the undersigned, Secretary of the Silver Spring Township Authority (the "Authority"), certify that the foregoing Resolution was adopted by a majority of the entire Board of the Authority at a meeting duly convened according to law and held on June, 2012, at which meeting a quorum was present; said Resolution was adopted by an aye or nay vote; said Resolution and the vote thereon showing how each member voted have been recorded in the minutes of said Board; and said Resolution remains in effect, unaltered and unamended as of the date of this Certificate. IN WITNESS WHEREOF, I set my hand and official seal of the Authority, this day of n C . , 2012. &cretary '(Sr J WISE, ANNA `.. 34 W WILLOW TERRACE OR j. ---- -. $ PIN J8-17-1023-015 . - - ?D_EEDBOOK 0018S-00084 7 C) i c. PROPOSED 20' ?. lV SANITARY EASEMENT MEL EASEMENT AREA -- !i I I O 2,089 SO. FT. O Z MERRITTS, TIMOTHY 30 W WILLOW TERRACE DR ; I j ` PIN 38-17-102J-016A 1 J 1 DEEDBOOK 00267-01109 ?? - j ((ff - ? t cr I - ' l I.1.1 Imo' I J m ! I Q i MERRITTS, TIMOTHY QY I i 28 W WILLOW TERRACE DR PIN 38-17-1023-016 4 1 I -?1 DEEDSOOK 00267-01111 3j O 1 J j 11 ! I - NOTE: I PROP LINE INFORMATION SHOWN IS I EN FROM RECORD. NO BOUNDARY SURVEY HAS PERFORME I ! BY PENNON[ ASSOCIATES, INC. f Pennoni Associates Inc 30 WEST WILLOW TERRACE DR SCALE: 1 " = 40' . Consulting Engineers T R DATE: 1 /15/10 WILLOW ER ACE SEWER EXTENSION DWN BY: GS S ANITARY SEWER EASEMENT REV.: TAX MAP 38-17-1023-016A REV. BY. i 100 1215 Manor Drive Su te Mechanicsbur PA 17055 DWG: g, (717) 975-6481 SILVER SPRING; TOWNSHIP JOB #: S PA 00118 CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 LLJ SILVER SPRING TOWNSHIP AUTHORITY Cumberland County, Pennsylvania RESOLUTION A- 2012-17 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 Timothy Merritts, 28 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 c 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 sew( construction project. 2. The proper officers of the Authority are hereby authorized and directed to do all things necessary and desirable to implement the above action by the Authority, including the fixing of the fair market value for the permanent easement taken, making an offer to acquire the property by agreement and to order the preparation and execution of any and all such documentation necessary to accomplish this acquisition. 3. In the event that the Authority cannot expeditiously agree on terms of the acquisition of the permanent easement with the owners of the property in question, then the Chairman and Secretary, with the assistance of the Solicitor and such engineering and other assistance as is deemed appropriate by the officers of the Authority, are hereby authorized and directed to take the permanent easement by exercise of the eminent domain power of the Authority for sanitary sewer purposes under the Municipality Authorities Act, as amended and supplemented from time to time and under the Eminent Domain Code, as amended and supplemented from time to time. 4. Proper officers of the Authority are authorized and directed to execute, file and deliver such documents and to do such other things as may be necessary to carry out the intent and purpose of this Resolution, including, but not limited to a Declaration of Taking. This Resolution shall become effective immediately. 6. In the event any provision, section, sentence, clause or part of this Resolution shall be held invalid, such invalidity shall not affect or impair the remaining provisions, sections, sentences, clauses or parts of this Resolution, it being the intent of the Authority that such remainder shall be and shall remain in full force and effect. DULY ADOPTED as Resolution A-2012-17 this ?L day of June 2012 by the Board of the Silver Spring Township Authority. ATTEST: SILVER SPRING TOWNSHIP AUTHORITY By: ILL (fje?cetary Chairman 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. 2,C , 2012, at which meeting a quorum was present; said Resolution was adopted by an aye or nay vote; said Resolution and the vote thereon showing how each member voted have been recorded in the minutes of said Board; and said Resolution remains in effect, unaltered and unamended as of the date of this Certificate. IN WITNE WHEREOF, I set my hand and official seal of the Authority, this day of O .1 k--- , 2012. s , ??SEAIy) _ ?S etary k I,-,; 1.. -r- A PPRO ERTY LINE INFORMATION SHOWN IS TAKEN FROM DEED(S) OF RECORD. NO I BOUNDARY SURVEY HAS BEEN PERFORME ` BY PENNONI ASSOCIATES, INC. l I ? I MERRITTS, TIMOTHY I \ r 30 W WILLOW TERRACE DR I p PIN 38-17-1023-016A U _ DEEDBOOK 00267-01109 ---- i 1 I lQ', -- cc ' C f ' 9 W o R y . 3 O MERRITTS, 71MOTHY J; 28 W WILLOW TERRACE DR ' V ? EASEMENT AREA PIN 38-17-1023-016 2,004 SO. FT. DEEDBOOK 0026 7-01111 ° - I C\ r O? ? PROPOSED 20' _ SANITARY EASEMENT '111 , 1 ice. I ! S WSER, RONALD 24 W WILLOW TERRACE DR I I I PIN 8-17-1023-017 . ; '.? DEED BOOK 035 Y- 0666 I E I ?11 1 ?y f ?J 13 ?- - - -------- P i I 28 WEST WILLOW TERRACE DR SCALE: 1 ' = 40' nc. ennoni Assoc ates Consulting Engineers DATE: 1 0/15/10 WILLOW TERRACE SEWER EXTENSION DWN BY: GS SANITARY SEWER EASEMENT REV.: TAX MAP 38-17-1023-016 REV. BY: 1215 Manor Drive Suite 100 M n '°55 DWG #: ?717? 975 6481 ec SILVER SPRING TOWNSHIP JOB #: S S PA 00118 CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 F 1 EXHIBIT "B" 1 ' NOTE \ I : PROPERTY UNE INFORMATION SHOWN IS 1 TAKEN FROM DEED(S) OF RECORD. NO I BOUNDARY SURVEY HAS BEEN PERFORME ? I BY PENNON ASSOCIATES, INC. I MERRlTTS, TIMOTHY 30 W WILLOW TERRACE OR p PIN J8-17-102J-016A DEEDBOOK 00267-01109 Q IY W Z 1= ° J W o 3£ opV ? O MERRITTS, TIMOTHY 28 W WILLOW TERRACE DR J V : EASEMENT AREA PIN 38-17-1023-016 DEEDBOOK 00267-01111 ° 004 S FT 2 £ . , Q. O 3 O PROPOSED 20' SANITARY EASEMENT I: I S WSER, RONALD rn 24 W LL0W TERRACE DR PIN 8-17-1023- 017 DEED BOOK 035Y-0666 0 I !I I a ?? Q a? ri I ?f p 28 WEST WILLOW TERRACE DR SCALE: 1° 40' Pennon[ Associates Inc. Consulting Engineers DATE: 10 15/10 WILLOW TERRACE SEWER EXTENSION DWN BY: S P?91'i SANITARY SEWER EASEMENT REV.: MAP 38-17-1023-016 A REV. BY: T X DWG 1215 Manor Drive Suite 100 #: Mechanicsburg, PA 17055 SILVER SPRING TOWNSHIP JOB # SSP 00118 (717) 975-6481 : CUMBERLAND COUNTY, PENNSYLVANIA SHEET. 1 0 1 L--j WISE, ANNA \ 34 W WILLOW TERRACE DR e PIN 38-17-1023-015 ?DEEDBOOK 0018S-00084 r' 0 PROPOSED 20' SANITARY EASEMENT , 2 EASEMENT AREA O W 2,089 SQ. FT. MERRITTS, TIMOTHY Z = 30 W WILLOW TERRACE DR , J? PIN 38-17-1023-016A DEEDBOOK 0026 7-0 1 1 09 \ c I' Q all `i' oil MERRITTS, TIMOTHY 28 W WILLOW TERRACE DR W i I I PIN 38-17-1023- 016 pill = /---- DEEDBOOK 00267-01111 011 ??ll will ?i I I PROP LINE INFORMATION SHOWN IS <EN FROM ED RECORD. NO BOUNDARY SURVEY HAS PERFORME BY PENNONI ASSOCIATES,-FN C. ?i J_ rri 10 I I I I I Pennon( Associates Inc. 30 WEST WILLOW TERRACE DR SCALE: 1" = 40' Consulting Engineers WILLOW TERRACE SEWER EXTENSION DATE: 10,115/10 "' BY: SG SANITARY SEWER EASEMENT REV.: REV. BY: 1215 Manor Drive Site 100 TAX MAP 38-17-1023-018A DWG #: Mechanicsburg, 17055 (717) 975-6481 SILVER SPRING TOWNSHIP Joe SSP 00118 #: CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 017 1 I 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 properties condemned as hereinafter noted, and other parties in interest, for such amount of damage as owner or owners of the properties 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 THOSE CERTAIN lots or pieces 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 properties 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 paid such amount of damages as the said owner or owners of the properties 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: Se 4?tary SILVER SPRING TOWNSHIP AUTHORITY By: Chairm EXHIBIT "B" all O OV Z VO: J C/) W? ? I 0 O \ NOTEO PROPERTY LINE INFORMATION SHOWN IS \ TAKEN FROM DEED(S) OF RECORD. NO BOUNDARY SURVEY HAS BEEN PERFORME o BY PENNONI ASSOCIATES, INC. rn MERRI TTS, TIMOTHY \ 30 W WILLOW TERRACE DR PIN 38-17-1023-016A \ c DEEDBOOK 00267- 01109 \ r MERRITTS, TIMOTHY 28 W WILLOW TERRACE DR ?-- EASEMENT AREA PIN 38-17-1023-016 2,004 SQ. FT. DEEDBOOK 00267-01111 PROPOSED 20' SANITARY EASEMENT 5 WSER, RONALD 24 W LLOW TERRACE DR PIN 8-17-1023- 017 DEED BOOK 035 Y- 0666 0 'I. O flC iJ_ ?- ? i£ C3 m 28 WEST WILLOW TERRACE DR SCALE: 1° = 40' gineers DATE: 10 1510 WILLOW TERRACE SEWER EXTENSION DI BY: SG FMonor ciates Inc. i SANITARY SEWER EASEMENT REV.: REV. BY: ve Site 100 TAX MAP 38-17-1023-016 DWG 17055 SILVER SPRING TOWNSHIP JOB #: SSP 00118 5-6 6481 CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 0 1 0 m a m m I T r ' \ I J J o I ( r*i WISE, ANNA \ ' I 34 W WILLOW TERRACE DR ? a PIN 38-17-1023-015 \ t,i - DEEDBOOK 0018S-00084 C7 # PROPOSED 20' \ `' J W SANITARY EASEMENT \ Z EASEMENT AREA O 2,089 SQ. FT. ° O ` J O MERRITTS, TIMOTHY Z ; 30 W WILLOW TERRACE DR \ O PIN 38-17-102J-016A V DEEDBOOK 00267-01109 \ I ? -- - I ?j r' Q W f I `? Q I MERRITTS, TIMOTHY £ 28 W WILLOW TERRACE DR o oil, PIN 38-17-1023-016 DEEDBOOK 00267-01111 L II• c/) ? I - - - - rn I II 4 I? ° I I NOTE: P LINE INFORMATION SHOWN IS EN FROM-DIE RECORD. NO BOUNDARY SURVEY HAS BEEt4 PERFORME BY PENNONI ASSOCIATES, INC. I r-., trio Pennoni Associates Inc. 30 WEST WILLOW TERRACE DR SCALE: 1" = 40' Consulting Engineers DATE: 10 1510 WILLOW TERRACE SEWER EXTENSION DWI BY: SG' f!? wmwnl SANITARY SEWER EASEMENT REV.: REV. BY: 215 Manor Drive Site 100 TAX MAP 38-17-1023-018A DWG Mechanicsburg, 17055 (717) 975-6481 SILVER SPRING TOWNSHIP JOB #: SSP 00118 CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 0171 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. 12-4505 Civil Term N - SILVER SPRING CUMBERLAND M c r COUNTY PENNSYLVANIA OVER -' c a ? , , LANDS OWNED BY TIMOTHY F. EMINENT DOMAIN - IN REM -<v : 7 c MERRITTS !ZX c? -?, xc.D of . PROOF OF SERVICE cn 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: Timothy F. Merritts 30 West Willow Terrace Drive Mechanicsburg, PA 17050 r- eve tine, Esquire Supreme Court ID No. 44859 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 ¦ Complete items t, 2, and & Also =npk to Item 4 it 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 mailplec e, or on the front If space permits. 1. AxWe Addressed to* 'fir f`"'? ` ?` / ' ?*+1 1 `-'CJ ?" a V' pca?,? C'S61 ?PA A. X 0 Agent 0 Addressee B. Re6elved by (Printed /Mane) J C. Dalo of Delivery D. Is deovery address meet from Item r 0 Yea If YES, enter delivery address below: 0 No a Service IV" ,hhCartlned Men 0 Man O Regbtmw 0 Return Rsoelpt fbr Madran nw 0 insured Man 0 C.O.D. 4. RestricEad Denvery4 Prfre Fee) 0 Yea 2. ArtideNWVW 7007 2680 0002 6161 5612 (T?anatiE+r tram swvkohkw Ps Form 3811, February 2004 Dom ft Return Receipt 102895-02? 1540 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 B`-' TIMOTHY F. MERRITTS C rJ ~ ~~~ i IN THE COURT OF COMfMON PLEAS~za~ ',' ~ :~ ~-.~ c~ ca CUMBERLAND COUNTY, PENNSYL~±IIAc`z ~i _ r r i~ : ~~ iv ~ c.~ NO. 12-4505 CIVIL -wr' ~' --ate, ~~ ~' v •::~ -Y-x c-~ ,.~~ ~_~ EMINENT DOMAIN - IN REM j~~ y- ~ =~' ~~ --~~` .; rv iv PETITION TO DEPOSIT ESTIMATED JUST COMPENSATLON PURSUANT TO 26 Pa.C.S.A. SECTION 5~2 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, PA 17050 (the "Authority') ~On July 20, 2012, the Authority filed a Declaration of Taking in the above°- captioned case. By letter dated September 28, 2012, a copy of which is attached hereto as F,xhibit `.~~", the Condemnee listed on the Proposed Schedule of Distribution, attached hereto as Ea;hibit `B", was offered the full amount of the Authority's estimated ,just compensation as payment pro tanto of his permanent sanitary sewer e,~ ement 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 has not acknowledged that he will surrender possession of the condemned property. 4. C.7pon issuance of an Order by this Court grantiing 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 t:he Condemnee. 1~1o 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. 1[, Steven A. Stine, Authority Solicitor, affirm that I am authorized to ehecute this Petition to Deposit Estimated Just Compensation on behalf of the Authority, and ghat 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 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 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 tl~~e condemnees and/or interested parties entitled thereto pursuant to Sections 307. 5:?_1 and/or 522 of the Eminent Domain Code, as amended, 26 Pa.C.S. Sections 307, 521 andlor X22, as applicable. Respectfully submitted, By: S"TE~E~Q~A. S' INE, ESQll1RE Attorney LD. 1`10. 44859 23 Waverly Drive Hummelstown, PA 17036 (i'17) 903-126f~ EXHIBIT "A" ?3 Waverly Drive I,1W Off1Ce ~hc~n~,: 717.903.1268 f-iummelstown, PA 1 X036 O f r,~;: 717.583.2943 email: stevenstineRi'att.nel Steven A. Stine September 28, 2012 Timothy F. Merritts 30 West Willow Terrace Drive Mechanicsburg, PA 17050 Re: Condemnation. of a Permanent Sanitary Sewer Easement, 28 & 30 West Willow Terrace Drive, Mechanicsburg, PA 17050; No. 12-4505 Civil Dear N[r. Merritts: 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. 12-4505, which Declaration condemned a permanent sanitary sewer easement on property located at 28 & 30 West Willow Terrace Drive, Mechanicsburg, Pennsylvania. The description of the permanent e~~.sement is attached to the Declaration. The total amount of the estimated just compensation for the permanent easement. is $355.00. 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 Counl:y. 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 Mechanicsburg, PA 117050 (717) 591-1372 If you have any questions or need further information, please contact me. Sincerely, -~t~ne; Ruth ity Solicitor enclosure cc: James Stevens, Authority Manager EXHIBIT "B" PROPOSED SCHEDULE OF DISTRIBUTION NAME .AND ADDRESS OF CONDEMNEE & LOCATION OF PROPERTY: Name: Timothy F. Merritts Address: 30 West Willow Terrace Drive, Mechanicsburg, PA 17050 Location: Record Book 267, Page 1109 and Record Book 267, page 1111 Tai Parcel Nos. 3&-17-1023-016 and 38-17-1023-016.A ES"TIMATED JUST COMPENSATION: $355.00 ENCUMBRANCES: None INTERESTED PARTIES NOTIFIED OF THE PETIT ION TO DEPOSIT ESTIMATED JUS"h COMPENSATION: Timothy F. Merritts 30 West Willow Terrace Drive Mechanicsburg, PA, 17050 CERTIFICATE OF SERVICE I, STEVEN A. STINE, ESQUIRE, do hereby c;ertify that I served a copy of 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 ~~012. SERVED UPON: Timothy F. Merritts 30 West Willow Terrace Drive Mechanicsburg, PA 1'7050 /~ ~:_ ~/ -- _. _ .- ~- '" -~ _ _, S EN~'~N~~;SQUIRF IN RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS SILVER SPRING TOWNSHIP :CUMBERLAND COUNTY, PENNSYLVANIA AUTHORITY OF A SANITARY SEWER ~a bra EASEMENT IN THE TOWNSHIP OF : NO. $1-4505 CNIL SILVER SPRING, CUMBERLAND COUNTY, PENNSYLVANIA, OVER LANDS OWNED BY TIMOTHY F. :EMINENT DOMAIN - IN REM MERRITTS ~°~' __• r'7 rr i~ -~ PRAECIPE --"' ~~ ~ ~i ate..-- ~ ~ sa~ •. TO THE PROTHONOTARY: -': r~~: Pursuant to Order of Court, attached is a check in the amount of $355.00, payable to the Prothonotary, which is the amount of estimated just compensation due the Condemnees and/or interested parties. Dated: November 13, 2012 .. even tine, Esquire Supreme Court ID No. 44859 23 Waverly Drive Hummelstown, PA 17036 (717) 903-1268 .......... _..~ E ~_ ~; 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: Timothy F. Merritts 30 West Willow Terrace Drive Mechanicsburg, PA 17050