HomeMy WebLinkAbout00-00306
_0"_ .,-, , ,,~__"_ .-__,~,,~,"-";,_ ,~_"c'<:i_ '_'~-_,;-'--.-,_; __~,"',~ ,'.
-,"',_..,..__'_""-<j~'c,_ ." ,'-", --,J> ',-~<"";.J~-,"'\,._,,;,,;._~,_ -,_
-';,Y'-i
,
KEYSTONE FINANCIAL BANK,
N.A.,
v,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No, ..J~t')C\ _ ~dc.. {]~L {C!~
Appellant
BOARD OF TOWNSHIP
SUPERVISORS OF SILVER SPRING
TOWNSHIP, CUMBERLAND
COUNTY,
Appellee
NOTICE OF APPEAL
Keystone Financial Bank, N,A, Appellant, by its attorneys, Mette, Evans &
Woodside, hereby appeals from the decision of the Board of Supervisors of Silver
Spring Township, Cumberland County, granting approval of a Final Land
Development Plan for Keystone Financial Bank, subject to two conditions which are
unacceptable to Appellant, and, in support thereof, avers as follows:
L Your Honorable Court has jurisdiction in this appeal by reason of
~ll006 of the Pennsylvania Municipalities Planning Code, as reenacted, Act of
December 21, 1988, P ,L, 1329, 53 P .S. ~ ll002-A (pkt. parts), and ~933 of the Judicial
Code, as amended, 42 Pa, C,S.A.~933,
" '~-~',
2. Appellant, Keystone Financial Bank, NA, is a Pennsylvania national
banking association with an address at 100 Frederick Street, Hanover, Pennsylvania
17331 (herein "Appellant" or "Keystone") and is the lessee of certain real estate
identified as Condominium Unit No.4 in Shadow Oaks Condominium, Silver Spring
Township, Cumberland County, Pennsylvania (herein the "Property").
3. Appellant is Lessee under a certain Lease Agreement by and between
Appellant and Shadow Oaks Associates, a Pennsylvania general partnership dated
January 14, 2000 (herein the "Lease Agreement"),
4. Shadow Oaks Associates, a Pennsylvania general partnership with an
address c/o Integrated Properties, 6570 Carlisle Pike, Mechanicsburg, Pennsylvania
10755 is the property owner and Lessor under the Lease Agreement,
5, The Appellee is the Board of Township Supervisors of Silver Spring
Township, Cumberland County, Pennsylvania, which maintains an office at 6475
Carlisle Pike, Mechanicsburg, Pennsylvania 17055 (herein "Appellee"),
6. On or about November 12, 1999, a Final Land Development Plan for
Keystone Financial Bank, proposing the construction of a 3384 square foot bank
2
building on Condominium Unit No.4 of the Shadow Oaks Condominium was filed
with Appellee (herein the "Plan"),
7. At its meeting held December 9, 1999, the Plan was recommended for
disapproval by the Silver Spring Township Planning Commission (the "Planning
Commission"), based upon certain items identified in correspondence dated
December 10, 1999 from William S, Cook, the Township Manager, a copy of which is
attached hereto and made a part hereof as Exhibit "A".
8, On or about December 13, 1999, Appellant filed a revised Plan with
Appellee to address certain comments of the Planning Commission identified in the
correspondence at Exhibit "A".
9. On December 16, 1999, at a meeting of the Board of Supervisors of
Silver Spring Township, the Plan was approved subject to certain conditions, which
approval was set forth in correspondence dated December 16, 1999 from William S,
Cook, Township Manager, a copy of which is attached hereto and made a pat hereof
as Exhibit "B".
3
"
n,
. ,~
.,'
- "",_' "~.";'"',,".~ ",-~,,-.~~,~,-,{-.r."";-j''',!.ii__,__',,-, _~' ",,-"_';
10. Appellant has accepted all of the Appellee's conditions to Plan approval
with the exception of conditions numbered 12 and 13 of the letter attached hereto as
Exhibit "B" as being illegal and not based upon specific ordinance requirements.
11. The action of Appellee in approving the Plan subject to two conditions
unacceptable to Appellant was arbitrary, capricious, an abuse of discretion, contrary
to law and contrary to the applicable subdivision and zoning ordinances of Appellee,
for the following reasons, among others:
a, Appellee's action in approving the Plan subject to the two
conditions set forth in Items numbered 12 and 13 of Exhibit "B" which conditions are
not based on specific standards set forth in the Subdivision and Land Development
Ordinance violates Section 508(2) of the Pennsylvania Municipalities Planning Code,
53 P,S. ~10508(2) (herein the "Planning Code"), which requires that when an
application is not approved as filed, the decision "shall specify the defects, , , and cite
to the provisions of the. . . ordinance not met,"
b. Appellee's approval of the Plan subject to the invalid conditions
which eliminate one access way serves to severely limit reasonable access to the
4
,-,t,,~
Property contrary to Appellant's consulting engineer's recommendations and impairs
Appellant's commercially reasonable use of the Property,
c. Appellee's approval of the Plan subject to arbitrary and
unreasonable conditions was in disregard of the procedures and requirements
mandated by the Planning Code,
d. The Plan meets the requirements of Appellee's Subdivision
Ordinance and as such should have been approved subject only to such conditions as
are based upon standards set forth in the Subdivision Ordinance or as are acceptable
to Appellant. (See for example condition numbers 3, 4 and 6.)
e, Appellee's action in approving the Plan subject to conditions
numbered 12 and 13 was not supported by substantial evidence and is in violation of
law,
12, Appellant's rejection of conditions numbered 12 and 13 of Exhibit "B"
of Appellee's decision results in a denial of Appellant's Plan, from which Appellant
has the right to appeal pursuant to the Planning Code, Doylestown Township v,
Teelilllr. 160 Pa. Commw. 397, 635 A2d 657 (1994).
5
." ~ '--' '-,- ,
, ,--, ,':,('"'_-'_ --;'-:,_-,'j" "''--_'.";.0, -/-y__,_,;~~....,
WHEREFORE, Appellant respectfully requests Your Honorable Court to
uphold the decision of the Board of Supervisors of Silver Spring Township to approve
the Plan pursuant Appellee's correspondence dated December 16, 1999 with deletion
of conditions numbered 12 and 13 set forth therein,
Respectfully submitted by,
METTE, EVANS & WOODSIDE
By:
YrtJ ~.~~
Paula J. L lC t, squire
Sup, Ct, LD. No, 42585
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorney for Appellant
DATE: Janumy 14, 2000
210813
6
rl"-'-
~ ,,,--- .~~
Ut~-~U-~~ MON 14:3b
,
PNB CAMP HILL OFFICE
FAX NO. 717 737 8678
P.02
SILVER SPRING TOWNSHIP
December 10,1999
Certified# Z 489 578 946
Keystone Financial
100 Frederick Street
Hanover, Pa 17331
RE: Land Development Plan Ln. 99-23F
(Keystone Financial Bank)
Dear Gentlemen:
The Silver Spring Township Planning Commission at its meeting held December 9, 1999,
forwarded the above noted land development plan to the Board of Supervisors with a
recommendation for disapproval. The following comments are provided for your consideration:
The Planning Commission recommended the granting of the following waiver requests:
I. Provide minimum 4 foot curb radii in parking area
(603.10).
2. Plan shall be drawn at a scale of I" = 10,20.30.40.
50, or 100 feet to the inch (402.02),
3, Preliminary Land Development Plan submission required (303).
The plan was recommended for disapproval for the following reasons:
I. Since the Land Development Plan creating this
condominium lot was approved under the 1995
ordinances, this plan was also reviewed under the
1995 ordinances.
2. Show lot coverage per Conditional Use for
shopping center (453).
647.5 Carlisle Pike . M""hanicsburg, PA 17055<2391 . (717) 766-0178 . (717) 766-1696 FAX
DEC-20-99 NON 14:36
1 ""
PNB CAMP HILL OFFICE
FAX NO, 717 737 8678
p, 03
...........
"
KEYSTONE FINANCIAL
PAGE 2
DECEMBER 10, 1999
3. Final plan must be reduced to 18" x 24" prior to
recording (403.01),
4, Provide a statement on the plans identifYing any
existing conditional uses (403,02). Provide dates
and references on plan.
5. Plan must be signed by landowner and be properly
notarized (403.06.4).
6. Planning module exemption must be approved by
the Township and D.E.P.
7, Upon completion of project, as-builts must be
submitted in accordance with Article V (507,0),
8. Erosion and Sedimentation Control Plan must be
approved by the Conservation District.
9, Stonnwater Management Pennit must be issued by
tbe Townsbip when all conditions are met
10. Show secondary discharge path from site to stream
and how design will accommodate.
11. Sewerage of lot must be approved hy the
Independent Authority Engineer.
12. Signage must be approved by the Township.
13. Due to the proximity of the right-inlright-out
driveway onto Carlisle Pike (S.R. 0011), no access
should be pennitted south of the existing loop road
intersection (approximately 200' north of Carlisle
Pike),
14. Ifa second egress point is desired, the southern
access to common drive must be a right-out only
driveway. Right in creates a conflict for existing
traffic exiting site.
ut~-20-99 nON 14:35
PNB CAMP HILL OFFICE
FAX NO. 717 7~7 8678
P.04
,
KEYSTONE FINANCIAL
PAGE 3
. DECEMBER 10, 1999
15. The site circulation should be one-way in a counter-
clockwise direction,
J 6. No left turn sign should also be provided to
acknowledge no left turns into bank site from
southern access drive.
17. Cover page should indieate which condo unit is
being proposed for development (e.g. Unit #4).
18. Laterals are to be installed at a minimum slope of
one quarter inch per toot.
19, A profile of the proposed lateral must be provided.
20. Note on plan that all sanitary sewer construction
shall meet the latest Sil ver Spring Township
Authority Specifications.
21. Provide an accounting of sewerage flows for entire
site to show that flows do not exceed that approved
in planning module.
22, Specify proposed lateral material on plan.
23. Provide a sanitary pipe trench detail for the
placement ofIateral.
24, Cleanouts must be provided as per Authority
Specifications.
25, Downstream capacity of sewer conveyance system
and treatment plan must be verified by Tom Pillion
of Hartman and Associates, Inc.
....
vcv-~u-~~ nUN 14;~j
,
rNb 0Ahr HILL OFFICE
FAX MO. 717 737 B67B
P.D5
.
KEYSTONE FINANCIAL
PAGE 4
DECEMBER 10, 1999
Any plan revisions must be submitted to the Township Building by noon, Monday,
December 13, 1999, so they may be considered by the. Board of Supervisors at its meeting, on
. Wednesday, December J 5, 1999, at 7:00 P.M. at the Municipal Building, 6475 Carlisle Pike,
Mechanicsburg, Fa,
lfyou have any questions, please contact Mr. Kelly K. Kelch, Assistant Township
Manager.
SL2ftincerelY, ~ r
/..- . '(, \'
· .A-\....
William S. Cook
Township Manager
WSC/ems
cc: Mr. Kelly K. Kelch, Assistant Township Manager
Mr. MarkB, Bruening, F.E., Township Engineer
Hartman & Associates, Inc., Applicant's Engineer
, ....J..~
ucv-~u-~~ nUfi 14:j~
r
~ "
~Nti CAMP HILL OFFICE
-.
FAX NO, 717 737 8678
P.10
SILVER SPRING TOWNSHIP
December 16, 1999
Keystone Financial
100 Frederick Street
Hanover, PAl 733 I
Gentlemen:
RE: Keystone Financial Bank
Land Development Plan LD 99-23P
The Silver Spring TO\\<l1ship Board of Supervisors at its meeting held December IS, 1999
granted the following waivcr requests fOr the above noted land development plan:
L Provide minimum 4 toot curb radii in parking area
(603.10).
2. Plan shall be dra\\<l1 at a scale of 1" = 10',20', 30', 40', 50',
or 100' to the ineh (402.02).
In addition, the Board of Supervisors denied the tbllowing waiver request for the above
noted land development plan:
1. PreUminary Land Development Plan submission is required
(303).
The Board of Supervisors also approved the above noted land development plan subject
to the following conditions:
I. Since the Land Development Plan creating this
condominium lot was approved under the 1995 ordinances,
this plan was also reviewed under the 1995 ordinances,
2. Final Land Development Plan submission is required.
3, Upon submission ofthe final plan, it must be reduced to
18" x 24" prior to recording (403.01).
647:> Carli,le Pike . Mechanicsburg, PA 17055-2391 . (717) 766-{)178 . (717) 766-1696 FAX
~-"'"
,
PN8 eAMP HILL OFFiCE
1 _~ "
u~v-~u-~~ nUN 14:4U
FAX NO, 717 737 8678
r
I
Keystone Financial
December 16, 1999
Page 2
4, Plan must be signed by landowner and be properly
notarized (403.06.4),
5. Planning module exemption must be approved by the
Township and D,E.P..
6, Upon completion of project, as-builts must be submitted in
accordanee with Article V (507,0),
7, "-Erosion and Sedimentation Conttol P!an-must be approved
by the Conservation District.
8. Stonnwater Management Pennit must be issued by the
Township when all conditions are met,
9. show secondlllY discharge path from site to stream and
how design will accommodate.
10. Sewerage of lot must be approved by the Independent
Authority Engineer.
11. Signage must be approved by the Township.
12. Due to the proximity of the right-inlright-Ollt driveway onto
- Carlisle Pike (S.R. 0011), no access should be pennitted
south of the existing loop road intersection (approximately
200' north of Carlisle Pike),
13. -The site circulation should be om:,way in a counter-
clockwise direetion. -
If you have any questions, please contact Mr. James E. Hall, Zoning Officer.
~~L
William S. Cook
Township Manager
WSClksd
cc: Mr. Kelly K. Kelch, Assistant Township Manager
Mr. James E. Hall, ZOning Officer
Mr, Mark B. Bruening, P.E., Township Engineer
Hartman & Associates, Inc,
P.ll
~--- -
- -j ..\'~)---"- '"'
-, -'--:-\,,,;< _,~. .'.,J-'_ _"._;,""c-,<._~:,~,.,="'___--,<'"_>~_:..",_."",_;_~",-__,,,, "<_.~'~_..,,~-,n..,=;_;; "_.
.
CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing document upon the
person(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of
same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage,
prepaid, as follows:
Steven A. Stine, Esquire
James, Smith & Durkin
134 Sipe Avenue
Hummelstown, P A 17036
Silver Spring Township
6475 Carlisle Pike
Mechanicsburg, P A 17055
Respectfully submitted by,
METTE, EVANS & WOODSIDE
By:
'1~l'~
Paula J, I?eicht, Esquire
Sup. Ct, LD. No. 42585
3401 North Front Street
p, O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorney for Appellant
DATE: January 14, 2000
210813
,
,i_
,,-, ~--
- ,~
-~-"
~ f,q ~
~ '4 .'-10
0 8~
-e ~
w
"'- "'i)
<>.0 0
""'" r~
."-C,fk
" " ",', J'.'-' ~ ~~
0 0 0
<::; c., .,',
.' ~ :::j
"1.:; CTJ :'t'lII ~-.1F1
rn f.,'1 -p
.<;],-
z: ::::;J f-n
2r-:- ~;,-~ 1-1
U~!~; ~- -e "
( ) ,-+.
--<-."".,- :'=:;~i ~l<
r'. t..-.]
<c' .J --0 ~~8
-- --,,"
>~ C) _f,~
Z C'
5> C- O
C -I
:z, 55
:;;: rv -<
.
"
~
, , ~-->~ , ,-
Z 339 064 681
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail (See reverse)
S..ltu Board or TownSlllp t:iupe jrV
'. -~. ~,' i
St~tU"2ber
64 5 Carlisle Pike
Post Office, State, & ZIP Code
.Mechanicsburc , PA 17055
.Postage $
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Retum Receipt Showing to
Whom & Date Delivered
Return Receipl Showing to Whom,
Date, & Addressee's Address
TOTAL Postage & Fees $
Postmark or Date
,
U)
'"
'"
~
~
<(
ei
o
G)
C')
e
o
"-
U)
a.
is
P
,.!".-,-.
,
",,".-1-
, "'--,-~,
!;'
,
I..,:
,.
f;.
i:
"
!;
ri:
iii
I::
I;;
k
k,
I"~
H
I;'
f';
i1:
l:;
I;:
~:
:,:
li:
:'i
I::
I;,
W
':'
~i
f:
~i
r'
"
i:
!i
Hi
,
"
~:
j:
t'
!;
'.
,.
i:
I'
!'
I
"
i
I'
I,
~
,
!
"- .-
- [,
,
,t-
IN THE COURT OF COMMON PLEAS OF
KEYSTONE FINANCIAL BANK, N.A.,
VS.
CUMBERLAND COUNTY, PENNSYLVANIA
BOARD OF TOWNSHIP
SUPERVISORS OF SILVER SPRING
TOWNSHIP, CUMBERLAND COUNTY
NO. 2000-306 civil Term
WRIT OF CERTIORARI
COMMONWEALTH OF PENNSYLVANIA)
SS.
COUNTY
OF
CUMBERLAND)
TO:
We, being willing for certain reasons, to have certified a certain action
between
Keystone Financial Bank, N.A. vs. Board of Township Supervisors
of Silver Spring Township, Cumberland County
pending before you, do cmrnand you that the record of the action aforesaid with
all things concerning said action, shall be certified and sent to our judges of
our Court of Comnon Pleas at Carlisle, within
20
days of the date hereof,
together with this writ; so that we may further cause to be done that which ought
to be done according to the laws and Constitution of this Commonwealth.
WITNESS, the Honorable George E. Hoffer, P.;]'.
.
our said Court, at Carlisle, Pa., the 14t-h day ,of ,Tann"lty
, 20~'
'--
an~ C-- [}, 7p;,~~ ~IJ~
Prothonotary
I
11
g
I
11.
I
Ij Certlllelll
o Insured
DCOD
- -.OJ Ihe manptece, or on ttle back It space does not
. -e _,_ _ tRequested"'i:m-thematlpl~belowthe,erttcte_number.
. _ ~ - in Receipt will show to whom' the article was delivered and the date
..dellvlilred.
3. Allicle~d to:
Eoafa~:'!rOwn\lhip Supervisors
06.f47S5~.,k.... ~. f}~r. '.' r'. ..S....p.. :r-J..OO...... ...l....c::~tship '.
"c.:cf&U~LLW~ . ....\
Mechcin:{csburg, pA 17055
2000-306
1M
I
.II
;i
DAVID E. WELLER and SANDRA WELLER,
Plaintiffs
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
:
vs.
: NO. 00-306
CIVIL TERM
:
RONALD WELLER and SANDRA LAWYER,
Defendants
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND l\DiJ, this .5?:<nA.... day of ~ ' 2000,
upon consideration of the attached CUstody ciliation Report, it is
ordered and directed as follows:
1. A Hearing is schedule~1j.n Court Room # t.( ,of the Cumberland
County Court House, on the ;('f"'J day of a J ~ ./\ :::t; , 2000,
at q:.jU o'clock, tl.. .m., at which time test ony will be taken. For
purposes of this Hearing, the Plaintiffs, David E. Weller and Sandra
Weller, shall be deemed to be the moving parties and shall proceed
initially with testimony. Counsel for the parties or the parties Pro Se
shall file with the Court and opposing counsel a Memorandum setting forth
each party's position on custody, a list of witnesses who are expected to
testify at the Hearing and a summary of the anticipated testimony of each
witness. These Memoranda shall be filed at least 10 days prior to the
Hearing date.
2. Pending further order of Court or agreement of the parties, the
plaintiffs, David E. weller and Sandra Weller, shall have primary physical
custody of Patricia Lawyer, born August 16, 1997. The Mother, Sandra
Lawyer, shall have periods of supervised visitation with the Child every
weekend on either Saturday or Sunday from 1:00 p.m. until 4:00 p.m.,
beginning on Saturday, June 17, 2000 at 1 :00 p.m. The period of visitation
on June 17 shall take place at the park behind the Mother I s fiance's
residence located at 522 S. Main Street in Chambersburg. In the event of
rain, the Plaintiffs shall pick up the Mother at her fiance's residence for- ~
the period of custody at an indoor location.
3. within 10 days of the date of this order, the Mother shall provide
to the Plaintiffs either the Child's Social Security number or a copy of
the Access card, if any, which is currently in effect for the Child. The
purpose of this provision is to permit the Plaintiffs to either provide
medical insurance for the Child if her Access card has expired or to verify
that she currently has insurance through Access.
cc: Peter Russo, Esquire, Counsel
Sandra Lawyer, Mother
Ronald Weller, Father
BY THE COURT, I
/J1,L
J.
~~
fp - d-3 - () 0
RKS
_k.
~.
-...""""":!.ii;Llil!>li?Blli!-....'''''.
'- IdM~
...,-,~;-=-""'..'
"
, l~
"'
"I
,1
!'I
\1
"
Ii
I'
i
!!
!
.~
\~!, ""'7'''' "\/" f
i!lVh\ /\\)1\11 ,:JC
I! (\Iflr;'i no'. :"-.'-I~r-l,-I.~I()r')
.~\..L ,,1'","._. ',,;; '.... :,.,::,:!:: >H 10
- 'C', I .', ',' I'::,'! " ',',', 'f' Il,"
-, (,(~ Hd uu
~
DAVID E. WELLER and SANDRA WELLER,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
vs.
.
.
NO. 00-306
CIVIL TERM
:
RONALD WELLER and SANDRA LAWYER,
Defendants
: CIVIL ACTION - LAW
: IN CUSTODY
PRIm JUDGE: Kevin A. Hess
CUSTODY CD!lCILIATICN SUMMARY REPCRT
IN ACCORDANCE WITH CUMBERLAND COllNTY RULE OF CIVIL PROCEDllRE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Patricia Lawyer
August 16, 1997
Plaintiffs/paternal
Grandparents
2. A conciliation COnference was held on June 13, 2000, with the
following individuals in attendance: The Paternal Grandparents, David and
Sandra Weller, with their counsel, Peter Russo, Esquire, and the Mother,
Sandra Lawyer, who was not represented by counsel in this matter but
participated by telephone. The Father, Ronald Weller, is currently
incarcerated in Cumberland County prison and did not attend the Conference
or contact the COnciliator.
3. This Court previously entered a temporary order dated May 17, 2000
granting the Paternal Grandparents primary custody based on a Petition for
Emergency Relief. The Paternal Grandparents filed this Complaint for
primary physical custody of their 2 year old Granddaugher, who has resided
with them since early May, 2000 and previously for at least 3 months during
the summer in 1999. On both occasions, the Father was unavailable and the
Mother did not have an appropriate place for the Child to stay. On both
occasions, the Mother voluntarily placed the Child in the Paternal
Grandparent's care. It should be noted that the Paternal Grandparents
currently have primary custody by Court Order, of the Mother's 5 year old
daughter, who is not the biological Child of the Paternal Grandparents'
son. The parties were not able to reach an agreement as to custody
arrangements for Patricia and it will be necessary to schedule a Hearing.
4. The Paternal Grandparents' position on custody is as follows: The
Paternal Grandparents believe that it would be in the Child's best interest
to reside with them as the Mother is currently residing in a shelter and
cannot provide adequate housing or other necessities for the Child. The
Grandparents indicated that the Mother frequently changes homes and does
1Il~
not appropriately care for the Child. The Grandparents stated that they
would be willing to transfer custody back to the Mother when the Mother is
able to demonstrate that she can maintain a stable residence, stay off
drugs and adequately provide for the Child's safety. The Grandparents were
willing to make the Child available for visitation, in their presence, upon
request by the Mother. The Grandparents denied the Mother's allegation
that they have not permitted access by the Mother to the Mother's other
Child who is currently in the primary physical custody of the grandparents
by COurt order.
5. The Mother's position on custody is as follows: The Mother stated
that Children are permitted in the shelter where she is currently staying
and believes it would be best if the Child were returned to her care. The
Mother expressed concern that the grandparents may not allow her access to
the Child on an ongoing basis due to the Mother's experiences with regard
to her older Child who is also in the Grandparents' care. The Mother also
expressed concerns about the Grandparents' health and resultant inability
to appropriately provide care for the Child. The Mother denied that she is
not able to provide necessities for the Child and stated that when the
Child was in her custody she was receiving food stamps and cash assistance.
However, the Mother was concerned that these benefits were discontinued
when the Child was no longer in her custody. The Mother believes she
should have primary custody of the Child at this time.
6. The Father's position on custody is as follows: The Father is
currently incarcerated in the Cumberland County Prison. The Paternal
Grandparents indicated that he is expected to remain in prison for an
additional year. Therefore the Father is unavailable to exercise any
rights to custody and did not contact the Conciliator to advise of his
position on the custody issues.
7. The Conciliator recommends an Order in the form as attached
scheduling a Hearing in this matter. It is expected that the Hearing will
require one-half day. Pending the Hearing, the parties were able to agree
on the supervised visitation schedule set forth in the proposed order.
~
Custody COnciliator
~~O~0
Da I
.
KEYSTONE FINANCIAL BANK,
N.A.,
Appellant
v.
BOARD OF TOWNSHIP
SUPERVISORS OF SILVER SPRING
TO~SFUP,C~BE~D
COUNTY,
Appellee
TO THE PROTHONOTARY:
: IN THE COURT OF COMMON PLEAS
: OF C~BE~D COUNTY,
: PENNSYLVANIA
: No. 2000 - 306 Civil Term
PRAECIPE
Kindly mark the above matter dismissed with prejudice
DATE: July 27, 2000
Respectfully submitted by,
METTE, EVANS & WOODSIDE
By:
~~l~
Paula J. U lcht, squire
Sup. Ct. LD. No. 42585
3401 North Front Street
P. 0, Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorney for Appellant
,;-1-"
-."-":..
.
CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing document upon the
person(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of
same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage,
prepaid, as follows:
Steven A. Stine, Esquire
James, Smith & Durkin
134 Sipe Avenue
Hummelstown, P A 17036
Silver Spring Township
6475 Carlisle Pike
Mechanicsburg, P A 17055
Respectfully submitted by,
METTE, EVANS & WOODSIDE
By:
t~~.~
Paula J, Lei t, E quire
Sup, Ct, LD. No. 42585
3401 North Front Street
p, O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorney for Appellant
DATE: July 27,2000
:215063 _1
......
-'~~" ..,,-. '"
",
n
,~-, ""'-"
n
~
""t_;.",--'
r1"II".'-
S:?i
(..IS"
~~ ~~:-
.'-' .
5~~
~-i
--<...
"'
--"'1
r<,"
t:',:)
("...1
-~:
(;"
-'--.'
.....:;:
co
[1\>'
AUla 0 '1 zoortP
~ f
MICHAEL S. COUROGEN,
Plaintiff
v
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
KRISTINA MARRIE COUROGEN,
Defendant
NO. 2000 - 3023 CIVIL
IN CUSTODY
COURT ORDER
AND NOW, this 4>1- day of August, 2000, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
1. The Father, Michael S. Courogen, and the Mother, Kristina Marcie Courogen, shall
enjoy shared legal custody of Carson Michael Courogen, born March 20, 1999,
2. The Mother shall enjoy primary physical custody of the minor child.
3, The Father shall enjoy periods of physical custody with the minor child as follows:
A. On alternating weekends from Friday until Sunday or Monday as
agreed upon by the parties,
B. During the week, Father shall enjoy at least one overnight period of
custody with the minor child, Father shall advise Mother as soon as
his work schedule is available as to when he will exercise the
overnight custody during the week.
C. On those days during the week when Father is off from work and
Mother is working, Father shall have custody of the child during the
day.
D, Father shall enjoy custody at such other times as agreed upon by the
parties,
4. Both parties shall enjoy vacation time with the minor child. When the parties have
vacation from work, they shall notify the other parent at least thirty (30) days prior to
the scheduled vacation during which time that parent shall enjoy custody of the
minor child, Where a vacation may extend for more than one week, the non-
custodial parent shall have an opportunity to have some time with the child in the
middle of the vacation,
--
"" ~ ."~ill!Il!ll.
, -"~
- -~
FILE[}<J~FICE
OF Tr' -1;: pr:OTLJO',iOtARY
< 1.+ 1.'_..., '"
00 AUG -8 PM 2: 53
CUMBERLAi'.JD COUNfY
PENNSYLVANIA
....
ii
i
r
!
I
~.
cc:
J TH
-,~. ",'-,,'-'-
-,,,---,,,';!}
~i
1
I
,
i
[
5.
Father and possibly Mother shall have personal vacation days, The parties shall
advise the other parent in advance as to when they will be exercising personal
vacation days with the minor child for pmposes of custody.
I"
,
I
I
~,
~,1
~ ,:
h
Ii
I ~
I
I:,
f
6.
The parties shall alternate major holidays subject to their work schedules, The
Christmas holiday shall also be shared between the parties or alternated as the parties
rnay agree, Absent an agreement, the parties shall work out an arrangement
whereby they shall alternate the Christmas holiday between two periods with the
first period being from Christmas Eve at Noon until Christmas Day at Noon and the
second period from Christmas Day at Noon until December 26th at Noon, Major
holidays shall include New Year's Day, Easter, Memorial Day, July 4th, Labor Day
and Thanksgiving.
I;
7.
The parties shall attempt to work out a schedule such that Father shall have custody
of the child on Father's Day and Mother shall have custody of the minor child on
Mother's Day. This provision would supercede any other provision of this Order,
'I']
:1
8,
Both parties shall keep the other parent advised with respect to their residence and
phone number, In the event either parent is out of the area for a period exceeding
two evenings with the minor child, they shall advise the other parent as to the
location where they will be and a phone number where they may be contacted.
:1
I
I'
"
t;
!:
I
I
,
i:
j:
i'
i
I
!
!:
9,
Both parents shall enjoy reasonable telephone contact with the minor child when the
child is in the custody of the other parent.
10.
The parties shall share transportation pursuant to an arrangement agreed upon
between the parties.
II. This Order may be modified at the request of either party at which time the case
shall be submitted again to the Custody Conciliator for a Conference, In the event
the parties are unable to reach an agreement, the case will be heard by the Court at a
formal hearing.
BY THE COURT,
Karl R Hildebrand, Esquire
Michael A. Scherer
4L
C ~ -/i1.aJl
<6 - go -00
p.XS
1.
'0
!~
,
i:
11
MICHAEL S, COUROGEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
KRISTINA MARRlE COUROGEN,
Defendant
NO. 2000 - 3023 CIVIL
IN CUSTODY
Prior Judge:
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915 3-8(b), the undersigned Custody Conciliator submits the following report:
10 The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
Carson Michael Courogen, born March 20, 1999.
20 A Conciliation Conference was held on August 3, 2000, with the following individuals in
attendance:
The Father, Michael S, Courogen, with his counsel, Karl R Hildebrand, Esquire; and the
Mother, Kristina Marcie Courogen, with her counsel, Michael A. Scherer, Esquire,
3, The parties agree to the entry of an order in the form as attached.
J( If [ DO
DATE
Hubert X. Gilroy, Esquire
Custody Conciliator