HomeMy WebLinkAbout12-4506IN 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. ' y
SILVER SPRING CUMBERLAND
COUNTY, PENNSYLVANIA, OVER
LANDS OWNED BY JONATHAN A. EMINENT DOMAIN - IN REM
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DECLARATION OF TAKING C ?
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") actin
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
19, 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
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).
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:
rt.
EXHIBIT "A"
SILVER SPRING TOWNSHIP AUTHORITY
Cumberland County, Pennsylvania
RESOLUTION A- 2012-19
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 Jonathan
Ihnat, 22 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 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 ar
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.
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-2012-19 this day of June 2012 by
the Board of the Silver Spring Township Authority.
ATTEST: SILVER SPRING TOWNSHIP AUTHORITY
By.
jcretary 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 ?-U , 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
;v day of 2012.
'F EAO
S etary
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STRAWSER, RONALD
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PIN 38-17-1023-W j
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Pennoni Associates Inc.
Consulting Engineers
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215 Manor Drive Suite 100
Mechanicsburg, PA 17055
(717) 975-6481
?- EAS T AREA
2,058 SQ.
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IHNA T, JONA THAN
22 W WILLOW TERRACE DR
PIN 38-17-1023-025
DEEDBOOK 00279-01349
PROPOSED 20'
SANITARY EASEMENT
fl
TROUTMAN, REUBEN & MARY JANE
91 OLD WILLOW MILL RD
PIN 38-17-1023-019
DEEDBOOK 0023H-00479
NOTE:
LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORME
BY PENNONI ASSOCIATES, INC.
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22 WEST WILLOW TERRACE DR
WILLOW TERRACE SEWER EXTENSION
SANITARY SEWER EASEMENT
TAX MAP 38-17-1023-025
SILVER SPRING TOWNSHIP
CUMBERLAND COUNTY, PENNSYLVANIA
SCALE:
DATE:
DWN BY:
REV.:
REV. BY:
DWG #:
JOB #:
SHEET:
0/15/10
PA 00118
OF 1
EXHIBIT "B"
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STRAWSER, RONALD
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PIN 38-17- 102J-
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DEED BOOK OJ5Y-066
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Pennoni Associates Inc.
Consulting Engineers
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215 Manor Drive Suite 100
Mechanicsburg, PA 17055
(717) 975-6481
91 OLD WILLOW MILL RD
PIN 38-17-1023-019
DEEDBOOK 002JH-00479
NOTE:
PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORME
BY PENNONI ASSOCIATES, INC.
22 WEST WILLOW TERRACE DR
WILLOW TERRACE SEWER EXTENSION
SANITARY SEWER EASEMENT
TAX MAP 38-17-1023-025
SILVER SPRING TOWNSHIP
CUMBERLAND COUNTY, PENNSYLVANIA
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SCALE: 1 ° = 40'
DATE: 10 /15/110
DWN BY: SG
REV.:
REV. BY.
DWG #:
JOB #: SSP 00118
SHEET: 1 0 1
I
EXHIBIT "C"
BOND OF CONDEMNOR
KNOW ALL MEN BY THESE PRESENTS, that Declaration of Taking having been
filed the ZUR, 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 Coun
and described as follows:
ALL THAT CERTAIN lot or piece of ground as described in Exhibit "A" attached
hereto, to which payment well and truly to be made, the Obligor does bind itself and its
successors, and assigns, firmly by these presents.
WHEREAS, the Obligor has condemned the said property and cannot agree with the
owner or owners of said land and buildings upon the just compensation to be paid for the
damages sustained by said owner or owners as a result of the condemnation:
NOW THE CONDITON of this bond is such that if the Obligor shall pay or cause to N
paid such amount of damages as the said owner or owners of the property and other parties in
interest shall be entitled to receive by reason of such condemnation, after the same shall have
been agreed upon or assessed in the manner provided by law, then this obligation shall be void;
otherwise, to be an remain in full force and effect.
SEALED with the Silver Spring Township Authority seal and duly executed this
day of 2012.
i
ATTEST:
6 Se etary
SILVER SPRING TOWNSHIP AUTHORITY
By:
Chai an
y
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 JONATHAN A.
IHNAT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0z c
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EMINENT DOMAIN - IN REM p o
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NOTICE TO CONDEMNEE
In accordance with Section 305 of the Eminent Domain Code, 26 Pa.C.S.A. §305, Sil
Spring Township Authority notifies you that:
1. A Declaration of Taking, a copy of which is attached as Exhibit "A", was filed
Z , 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. 38-17-1023-025, 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
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objections within thirty (30) days after being served with this notice.
EXHIBIT "A"
IN RE: CONDEMNATION BY THE
SILVER SPRING TOWNSHIP
AUTHORITY OF A SANITARY SEWER
EASEMENT IN THE TOWNSHIP OF
SILVER SPRING CUMBERLAND
COUNTY, PENNSYLVANIA, OVER
LANDS OWNED BY JONATHAN A.
IHNAT
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 A,
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
19, 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 they,
Authority's offices, a copy of said Resolution being attached hereto, marked as Exhibit "A" and
incorporated herein by reference.
The purpose of the within condemnation and this Declaration of Taking filed
incidental thereto is to acquire a permanent sanitary sewer easement for the purpose of
constructing and maintaining a sanitary sewer line extension and its appurtenances, all as set
forth on the plan attached hereto as Exhibit "B".
6. Attached hereto, marked as Exhibit "B" and incorporated herein by reference is
documentation which contains a plan of the lands situate in Silver Spring Township, Cum
County, Pennsylvania, necessary to be obtained for the purpose aforesaid.
7. The nature of the title hereby acquired is a permanent sanitary sewer easement
set forth on Exhibit "B".
A plan (Exhibit "B") identifying and specifying the locations of the properties
hereby condemned is attached hereto.
9. On the same day as this Declaration of Taking is being filed with the
Prothonotary, plans showing the property condemned are being lodged for record in the Office
the Recorder of Deeds in and for Cumberland County in accordance with Section 304 of the
Eminent Domain Code, 26 Pa.C.S.A. §304.
10. A plan showing the condemned property may be inspected at the address of the
Condemnor and the Cumberland County Recorder of Deeds, Cumberland County Courthouse,
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: tz- By:
l?L.
EXHIBIT "A"
SILVER SPRING TOWNSHIP AUTHORITY
Cumberland County, Pennsylvania
RESOLUTION A- 2012-19
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 Jonathan
Ihnat, 22 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 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 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-2012-19 this day of June 2012 by
the Board of the Silver Spring Township Authority.
ATTEST: SILVER SPRING TOWNSHIP AUTHORITY
By: 71 NJJ%N
6ciretary Chai
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.
•--U IN WITNESS WHEREOF, I set my hand and official seal of the Authority, this
day of ?;/ , 2012.
' S etary
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STRAWSER, RONALD
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2,058 SQ. -F-T-_
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22 W WILLOW TERRACE DR
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DEEDBOOK 00279-01349
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SANITARY EASEMENT i j?
3 7ROUTMAN, REUBEN & MARY JANE
91 OLD WILLOW MILL RD
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DEEDBOOK 0023H-00479
NOTE:
?t I { PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORME
BY PENNONI ASSOCIATES, INC.
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SCALE: 1' = 40'
c.?.,,?i Aaaa?iates inc.
n 22 WEST WILLOW TERRACE DR DATE: 10/15/10
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Consulting E WILLOW TERRACE SEWER EXTENSION
DWN BY:
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SANITARY SEWER EASEMENT REV.:
REV. BY:
Suite 100
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1215 Manor
Mechanicsburg, 17055
SILVER SPRING TOWNSHIP
JOB #:
SPA 00118
(717) 975-6481 CUMBERLAND COUNTY, PENNSYLVANIA SHEET: OF 1
EXHIBIT "B"
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TPA WSER, RONALD a
4 W CE DR
PIN 38-17-1023-
DEED BOOK 035Y--066
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22 W WILLOW TERRACE DR
PIN 38-17-1023- 025
;0 DEEDBOOK 00279-01349
D PROPOSED 20'
m SANITARY EASEMENT
Q
TROUTMAN, REUBEN & MARY JANE
91 OLD WILLOW MILL RD
J PIN 38-17-1023-019
II
I DEEDBOOK 0023H-00479
I PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
I BOUNDARY SURVEY HAS BEEN PERFORME
BY PENNONI ASSOCIATES, INC.
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SCALE: 1" = 40'
Pennont Associates Inc.
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C 22 WEST WILLOW TERRACE DR DATE: 10 1510
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onsu WILLOW TERRACE SEWER EXTENSION
DWN B
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? SANITARY SEWER EASEMENT REV.:
REV. BY:
TAX MAP 38-17-1023-025 DWG
1215 Manor Drive Suite 100 #:
Mechanicsburg, PA 17055
6481
75
SILVER SPRING TOWNSHIP
JOB #: SSP
00118
(717) 9
- CUMBERLAND COUNTY, PENNSYLVANIA SHEET: 1 1
EXHIBIT "C"
BOND OF CONDEMNOR
KNOW ALL MEN BY THESE PRESENTS, that Declaration of Taking having been
filed the day of SJ-u , 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
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 Cc
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
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:
&Seetary
SILVER SPRING TOWNSHIP AUTHORITY
By:
Chai an
r
EXHIBIT "B"
LIJ
RA WSER, RONALD
4- IN E DR
4 W CE DR
IN 38-177-10223- 0
rDEED BOOK OJ5 Y 66
-066
0
ri
0
0
NOTE:
PROPERTY LINE INFORMATION SHOWN IS
TAKEN FROM DEED(S) OF RECORD. NO
BOUNDARY SURVEY HAS BEEN PERFORME
BY PENNONI ASSOCIATES, INC.
Pennoni Associctes Inc.
Consulting Engineers
Penn
215 Manor Drive Suite 100
Mechanicsburg, PA 17055
(717) 975-6481
22 WEST WILLOW TERRACE DR
WILLOW TERRACE SEWER EXTENSION
SANITARY SEWER EASEMENT
TAX MAP 38-17-1023-025
SILVER SPRING TOWNSHIP
CUMBERLAND COUNTY, PENNSYLVANIA
.r.
SCALE: 1" 40_
DATE: 10/15/10
DWN BY: SGS
REV.:
REV. BY.
DWG #:
JOB #. SSPA 00118
SHEET. 1 OF 1
91 OLD WILLOW MILL RD
PIN 38-17-1023-019
DEEDBOOK 0023H-00479
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 JONATHAN A.
IHNAT
IN THE COURT OF COMMON PLEA-, ; `- .
CUMBERLAND COUNTY, PENNSYAIA
NO. 12-4506 Civil Term
EMINENT DOMAIN - IN REM Vic, a .
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:
Jonathan A. Ihnat
22 West Willow Terrace Drive
Mechanicsburg, PA 17050
Suntrust Mortgage, Inc.
1001 Semmes Avenue
Richmond, VA 23224-7767
Members 1St Federal Credit Union
5000 Louise Drive
Mechanicsburg, PA 17055
C
Steven ,
Supreme Court ID No. 44859
23 Waverly Drive
Hummelstown, PA 17036
(717) 903-1268
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IN RE: CONDEMNATION BY THE;
SILVER SPRING TOWNSHIP
AUTHORITY OF A SANITARY SEWER
F,ASEMENT IN THE TOWNSHIP OF
SILVEK SPRING, CUMBERLAND
COUNT', PENNS~'LVANIA, OVER
LANDS OWNED BY JONATHAN A.
IHNAT
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IN THE COURT OF COMMON PLEASr~ai
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PENNSYL'IIAN
CUMBERLAND COUNTY
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NO. 12-4506 CIVIL ~~G
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EMINENT DOMAIN - ITJ REM
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PETITION TO DEPOSIT ESTIMATED JUST COMPENSATION
PURSUANT TO 26 Pa.C.S.A. SECTION 522
TO THE HONORABLE JUDGES OF SAID COURT:
Silver Township Authority is a municipality authority with offices at _5 V'~'illow
Mill Park F:oad, Suite #3, Mechanicsburg, PA 17050 (the ``Authority"')
2. C)n July 20, 2012, the Authority filed a Declaration of Taking in the abo~~~e-
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 olt just
compensation, but the Authority was unable to make payment because the.
Condemnee was unable to furnish a release of lien and the Condemnee lras riot
acknowledged that he will surrender possession of the condemned property.
4. 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.
No fee shah 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.
There is no opposing counsel of record in this matter, therefore, concurrence was
not. sought.
I, Steven A. Stine, Authority Solicitor, affirm that I am aut)^iorized to execute this
Petition to Deposit Estimated Just Compensation on behalf of the Authority, and that the
averments contained and set forth in this Petition are 1:rue and correct to the hest of nay
knowledge, information and belief, and are made subjiect 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 F,minent Domain Code. as
amended, 26 Pa.C.S. Section 307, Petitioner respectfully requests l:hat the Honorable
Court direct payment of the estimated just compensation into court:. to be held until
further Order of Court directing payment of said amount, or any part thereof, to the
condemnees and/or interested parties entitled thereto pursuant to Sections 307. `>' 1 and/or
522 of the Eminent Domain Code, as amended, 26 Pa.C.S. Sections 307, 521 ancL'or 522,
as applicable. Respectfully submitted,
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5TE`~~K~ITIIVE`, ESQLJIRI
Attorney LD. No. 44859
23 Waverly Drive
Hummelstown, PA 17036
(717) 903-1268
EXHIBIT "A"
23 Waverly Drive L,aW ~ff1CE' phone: 717.903.1268
Hummelstown, PA 1 ?036 ~ f i~~x: 717.583.2943
email: stevenstine<<~`atLnc~t
Steven A. Stine
September 28, 2012
Jonathan A. Ihnat
22 West Willow Terrace Drive
Mechanicsburg, P.A 17050
Re: Condemnation of a Permanent Sanitary Sewer Easement, 22 West Willow 'I~errace
Drive, Mechanicsburg, PA 17050;
No. 12-4506 Civil
Dear IV1r. Ihnat:
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. 12-4506, which Declaration condemned a permanent
sanitary sewer easement on property located at 22 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 t:he permanent easement, without prejudice to your right to proceed to a
final determination of just compensation.
Please be advised that after twenty (20) days pass from the date you receive this letter,
the Authority will present the enclosed petition to the Court of Common Pleas of
Cumberland County.
The Authority will not present the petition to the Court if you agree to accept thE~
estimated just compensation and so inform the Manager of the Silver Spring Township
Authority by October 20, 2012, and within twenty (20) days of this letter:
Arrange for the payment or release of all liens and encumbrances against
the payment of estimated just compensation;
Prove ownership of the property if any question as Ito 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 Roadl, Suite #3
Mechanicsburg, PA 1.7050
(717) 591-1372
If you have any questions or need further information, please conl:act me.
' cere
Steven A. ity Solicitor
enclosure
cc: James Stevens, Authority Manager
Suntrust Mortgage, Inc.
Members 1St Federal Credit tinion
EXHIBIT "B"
PROPOSED SCHEDULE OF DISTRIBUTION
NAME AND ADDRESS OF CONDEMNEE & LOCATION OF PROPERTY:
Name: Jonathan .A. Ihnat
Address: 22 West \]Villow Terrace Drive, Mechanicsburg, PA 17050
Location: Record Book 279, Page 1349
Tax Parcel No. 38-17-1023-025
ESTIMATED JUST COMPENSATION: $180.00
ENCUMBRANCES:
TYPE: Mortgage
DATE OF RECORD: March 26, 2007
PL.~~CE OF RECO:IZD: Mortgage Book 1986, page 1443
AMOUNT: $82,400.00
NAME AND ADDRESS OF LIENOR: Suntrust Mortgage, Inc., 901 Semmes Avenue,
Richmond, VA 23244; assigned to Suntrust Mortgage, Inc. 1001 Semmes Avenue,
Richmond, VA 23:?44-7767 and recorded on May 3, 2011 as Instrument No. 20111?904.
TYPE: Mortgage
DA~hE tJF RECORD: August 26, 2008
PLACF, OF RECORD: Instrument No. 200828952
AMOUNT: $20,000.00
NAME AND ADDRESS OF LIENOR: Members 1st Federal Credit Union, 5000 Louise
Drive, Mechanicsburg, PA 17055
INTERESTED PARTIES NOTIFIED OF THE PETIT ION TO DEPOSIT
ESTIMATED JUST COMPENSATION:
Jonathan A. Ihnat
22 West Willow Terrace Drive
Mechanicsburg, PA, 17050
Suntrust Mortgage, Inc.
1001 Semmes Avenue
Richmond., VA 23:?44-7767
Members 1 sc Federal Credit Union
5000 Louise Drive
Mechanicsburg, PA, 17055
CERTIFICATE OF SERVICE
L STEVEN A. STINE, ESQUIRE, do hereby certify 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 '_Ol 2.
SERVED UPON:
Jonathan A. Ihnat
22 West Willow Terrace Drive
Mechanicsburg, PA 1'7050
Suntrust Mortgage, Inc.
1001 Semmes Avenue
Richmond, VA 23244-7767
Members 1St Federal CredYt Union
5000 Louise Drive
Mechanicsburg, PA 1'7055
/ .~./ -,
STE~` A. STI ?SIRE
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 JONATHAN A.
IHNAT
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Ibt {w' a
NO. ~ 4506 CNIL
EMINENT DOMAIN - IN REM
PRAECIPE
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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
even
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:
Jonathan A. Ihnat
22 West Willow Terrace Drive
Mechanicsburg, PA 17050
Suntrust Mortgage, Inc.
1001 Semmes Avenue
Richmond, VA 23244-7767
Members ls' Federal Credit Union
5000 Louise Drive
Mechanicsburg, PA 17055
STEVE TINE
Attorney I.D.#44859