HomeMy WebLinkAbout98-00676
"'-.
,..
" .'
...
~ ,"l.
.
~'
~
~
~
~
~
~.
...c
4-
.'S
V)
.:~
~
-L
~
"
~
.J
~
!
,
!'
i
/
)
/
,
L' 'it'-
""
II ",.;
~ ~"~ :~-'
J(j):!')
) ,
,\,:'(.:
( ,,,;;4
eV~'
If.'l!.
\~?\
-f}:f1
j,~;1
ljJ
l(~. '
.1(
rn,
,
,.'
\,;
~i
"""';',
-!'Ioo."
::s:
",
~
."j
1:'--.
~
~,
r"':'-~,
c,
D
G
\
,
.
D.o:
~.
I
'_'.l~
;;:itr'.
1\'_
:;/
. ,.~
" '~",
;;:.
"
IN RE:
SOUTH MIDDLETON TOWNSHIP ZONING HEARING BQAlID
520 PARK DRIVE
BOILING SPRINGS, PENNSYLVANIA 3.7007-9536
DECISION OF ZONING HEARING BQAlID
WILLIAM R. RONAN AND GERALDINE L. RONAN
97 - 32
DOCKET NO.:
DATE OF APPLICATION:
LOCATION OF PROPERTY:
REQUESTED RELIEF:
AUGUST 11, 1997
729 PETERSBURG ROAD, CARLISLE, PA
APPEAL FROM DETERMINATION OF ZONING
OFFICER
NOVEMBER 3, 1997 AND DECEMBER 9, 1997
JANUARY 5, 1998
DATE OF HEARINGS:
DATE OF DECISION:
BOARD MEMBERS IN
ATTENDANCE:
PAUL HEISHMAN, LARRY BREAM, IVO V. OTTO,
JR.
)
PROPER NOTICE OF THE ABOVE HEARINGS WAS GIVEN BY ADVERTISING IN THE
SENTINEL, CARLISLE, PENNSYLVANIA ONCE A WEEK FOR TWO WEEKS PRIOR TO
THE HEARINGS AS APPEARS FROM PROOF OF PUBLICATION. ADDITIONALLY,
NOTICE OF THE HEARINGS AND THE APPLICATION WAS SENT TO ALL
ADJOINING PROPERTY OWNERS, POSTED ON THE PROPERTY IN QUESTION AND
POSTED IN THE SOUTH MIDDLETON TOWNSHIP OFFICE.
"
\
.
I
;
i
I. PROCEDURAL HISTORY
r
,
j
II
)
,
~
\ .
\~
, .1
;
1 [
.'
!;
I,
(,
,.
I
I
This case comes before the South Middleton Township Zoning Hearing
Board ("Board") on an appeal from a determination of the Zoning
Officer of South Middleton Township ("Township") dated July 21,
1997.
The Zoning Officer of the Township issued an enforcement notice to
Mr. William Ronan dated July 21, 1997 (Township Exhibit-1) which
pertained to property at 729 Petersburg Road(Subject Property). In
sununary, the enforcement notice suggested that there were three (3)
apartments being rented at the subject property, none of which were
occupied by the owner of the property, and that such use was in
violation of the Township Zoning Ordinance. The owners of 729
Petersburg Road, William R. Ronan and Geraldine L. Ronan, filed on
August 11, 1997 a timely appeal of the Zoning Officer's
1
determination to the Board. Hearings were conducted before the
Board on November 3, 1997 and December 9, 1997. At thsse hearings,
the Ronans were represented by legal counsel and had an opportunity
to present both verbal and written evidence. The Township appeared
before the Board in the person of the Zoning/Code Enforcement
Officer, Mr. Timothy D. Duerr. Mr. Terry Rickert and Mr. and Mrs.
Kenneth Wetzel, neighbors to the subject property, appeared at the
hearings with the benefit of counsel and objected to the appeal and
advanced the affirmation of the enforcement notice. Counsel for the
Ronans and counsel for the objectors have filed briefs which have
been reviewed by the Board. The Board conducted an Executive
Session on December 29, 1997 for purposes of deliberations in
connection with this case.l
II. DISCUSSION
The property at 729 Petersburg Road ("Subject property") is located
within an Agricultural Zoning District pursuant to the Township
Zoning Ordinance. The enforcement notice issued by the
Township/Zoning Officer (Township Exhibit-I) suggested that the
subject property had been owner occupied and occasionally had also
a one-apartment rental unit. The notice suggested that the rental
use had been discontinued for a period of a year or more and,
thereby, lost its non-conforming status and that any further
apartment renting at the subject property would be illegal under
the South Middleton Township Zoning Ordinance.
At issue is whether the subject property constituted a non-
conforming use under the Zoning Ordinance. If such non-conforming
use is established, the second issue would be the nature of the
non-conforming use as to whether the subject property was a three-
unit apartment building or a two-unit building. A further issue
would be whether the non-conforming status was an apartment
building status or an owner-occupied dwelling that had an accessory
apartment. The final issue is whether any non-conforming status had
been abandoned.
Mrs. Geraldine Ronan testified on behalf of the applicants, She
indicated the subject property was originally owned by Mr. and Mrs.
Arnold Hagen, who had owned the property since the early 1950's.
Mr. Hagen died in 1962 and Mrs. Hagen died in September of 1994.
Mrs. Ronan and her husband were executors of the Hagen estate. She
testified that she was quite familiar with the Hagens' paperwork
and the Hagens themsel ves. She would take Mrs. Hagen to the
hospital two times a week and she was in periodic contact with Mrs.
Hagen at other times. The Ronans had lived in the vicinity of the
subject property since 1944.
1 An executive session is authorized for quasi-judicial deliberations
pursuant to 65 P.S. 5278(a)(5).
2
Mrs. Ronan suggested that the subject property consisted of a first
floor dwelling unit which was previously occupied by Mrs. Hagen, a
second floor apartment and a basement efficiency apartment.
Documentary evidence presented included rental receipt books from
Mrs. Hagen's records showing rent receipts as far as back as 1958
(See Exhibits A-I and A-2). The Ronans also produced advertising
bills relating to the subject property (Exhibit A-3). These bills
refer to a "furnished efficiency", an "efficiency one-adult" and
a "second floor apartment" as the type of apartments being rented.
These bills are of miscellaneous dates starting in 1978 and going
through 1989. Mrs. Ronan suggested that the efficiency apartment
was the apartment on the basement level and that the other
apartment was a second floor apartment that Mrs. Hagen maintained.
Mrs. Ronan indicated that she and her husband were appointed
executors of the Hagen estate in October of 1994, a public sale was
held in September of 1995, that she and her husband were the
beneficiaries of the estate and received title to the property in
October of 1995 during the administration of the estate.
Mrs. Ronan also presented evidence from the electric company
(Exhibit A-4) which she offered to verify that there were separate
electric meters for each dwelling unit. The documentation verifies
that the second floor apartment had a separate electric meter
connected in 1960 and that Mrs. Ronan had a meter connected for the
basement unit in 1996. Prior to 1996, Mrs. Hagen had the basement
and first floor area on the same electrical unit. Mrs. Ronan
testified that previously the basement area had a separate electric
meter but she did not produce any documentation in support of that
claim.
The outside of the subject property has an appearance of a single-
family dwelling. Mrs. Ronan suggested that there were at least
three (3) mailboxes at the property and multiple electric meters.
She indicated that there are three (3) separate physical entrances
to the three units in the interior of the premises with separate
keys and locks. In addition to a two-car garage, there is a large
driveway that would accommodate four (4) cars and another separate
driveway area. Each unit has its own separate bathroom and kitchen
area.
It was established during Mrs. Ronan's testimony that the basement
unit was quite often used only by a homeless woman with her
children and that no rent was paid for that use. It was also
established by other testimony that the basement area of the
structure was used by the Hagens for picnics and other uses in
conjunction with the Hagen's use of the dwelling unit on the first
floor level.
Maxine Wetzel of 740 Petersburg Road testified and indicated that
she has resided near the subject property for approximately thirty-
four (34) years. She testified that in 1971 there was no apartment
3
unit in the basement of the subject property. However, she did
acknowledge that there was an apartment used on the second floor
and even acknowledged that after 1971 there was a periodic renting
of the basement area as a separate unit. She had a falling out with
Mrs. Hagen in 1983 and had limited contact with her since that
time.
Mr. Terry Rickert testified that he has lived across from the
subject property since 1981. Mr. Rickert suggested that Mrs. Hagen
would rent the upstairs apartment at certain times and the
downstairs apartment at other times but that the traditional use
was to only have one rental unit at a time. He suggested that he
only recalls two (2) mailboxes at the subject property.
Testimony established that the first Zoning Ordinance within the
Township was enacted in 1969 and became effective in January 1970
(Exhibit A-7).
III. LEGAL ANALYSIS
Pennsylvania law imposes the burden upon the landowner to establish
a non-conforming use by presenting objective evidence demonstrating
that the property was devoted to the alleged use at the time of the
enactment of the Zoning Ordinance. Appeal of Lester M. Pranqe.
Inc., 166 Pa. Cornrow. 626, 647 A.2d 279 (1994).
On the issue of abandonment, the burden of proving abandonment of
a non-conforming use is upon the party asserting the abandonment
and such proof must be by overt acts, or failure to act,
demonstrating actual abandonment. Appeal of Lester M. Pranqe. Inc.,
supra. The Township in its enforcement notice cites S1901.1.C of
the Zoning Ordinance which provides that a non-conforming use
cannot be re-established if it discontinued for any reason for a
period of twelve (12) months or more. Such a timeframe in a Zoning
Ordinance is not absolute and creates only a presumption of intent
to abandon. Appeal of Lester M. Pranqe. Inc., supra.
IV. APPLICATION OF LAW TO THE FACTS
It is clear that there has been apartment use at the subject
property prior to the enactment of the original Zoning Ordinance in
1970. The Ronans have met their burden in connection with that
issue. What remains unclear is whether the basement unit was being
rented as a separate unit in 1970 at the time of the adoption of
the Ordinance. The documentary evidence presented by the Ronans
(Exhibits A-I and A-2), does not verify two (2) different apartment
units but, rather, appears to represent rental receipts for only
one (1) apartment use. It is clear from the testimony of all
witnesses and from documentary evidence (Exhibit A-3) that the
basement unit was rented as a separate unit after 1970. However,
4
".
there is conflicting testimony betweetn the witnesses as to the
existence of a separate basement unit apartment prior to the
enactment of the 1970 Zoning Ordinance. Tho lack of any reference
indicating two (2) separate apartment units in the rental receipts
pre-1970 (Exhibits A-l and A-2)along with the lack of any
documentation from the utility company (Exhibit A-4) suggesting a
pre-1970 separate electrical meter for the basement property weighs
against the landowners in their assertion that there was a separate
basement dwelling unit at the subject property pre-1970.'
On the abandonment issue, the Ronans adequately addressed the
inconsistency between correspondence from their attorney (Exhibit
T-2) suggesting that the subject property was vacant for over two
years and the actual use of the subject property. Mrs. Hagen's
illness along with her subsequent death clearly caused a break in
the continuity of acquiring a tenant at the property. The record is
void of any evidence suggesting that there were overt acts or
failures to act by Mrs. Hagen or by the Ronans that would
demonstrate an abandonment of any apartment use at the subject
property. Even assuming the subject property may have laid vacant
for more than twelve (12) months, the lack of any settled purpose
by the landowners to abandon the multiple family use at the subject
property is clear from the record.
The objectors in their brief attempt to suggest that any apartment
use at the subject property must be conducted in conjunction with
"owner occupied use". The current Zoning Ordinance within the
Township authorizes "accessory apartments" within the agricultural
district by conditional use with an accessory apartment defined as
a secondary dwelling unit contained within an owner occupied
single-family detached dwelling (Township Zoning Ordinance 5602.2) .
However, at issue is what was the use of the property prior to
enactment of the Zoning Ordinance. It is clear that Mr. and Mrs.
Hagen occupied the subject property prior to the enactment of the
January 1970 Zoning Ordinance and it is also clear that they had an
apartment on the second floor of the subject property at the same
time. In essence, there were two (2) separate dwelling units within
the one (1) structure. The fact that one (1) of the dwelling units
was owner occupied does not suggest a different type of use than a
non-owner occupied two-dwelling unit structure. Furthermore, the
1970 Zoning Ordinance allowed, by special exception in agricultural
districts, a use termed "converted apartments" (See 5402 of 1970
Zoning Ordinance). Converted apartments were defined under the 1970
Zoning Ordinance as "a multi-family dwelling constructed by
converting an existing building into apartments for more than one
2 The Ronans suggested in testimony that there previously was an electrical
meter for the basement unit but that such unit was removed, Even if it was
proven that the basement unit did have a separate meter, the logic behind the
removal of that electrical meter would suggest an abandonment of any separate
apartment use of the basement unit.
5
family, without substantially altering the exterior of the
building." (See definitional section of 1970 Zoning Ordinance at
No. 10). The "converted apartment" use, which was allowed in 1970,
did not include any limitation or restriction that would merit the
"owner occupied" tag to be applied to the use. Accordingly, there
is no legal or rational basis to impose an "owner occupied"
restriction upon a two-dwelling unit use at the subject property
which pre-dated the 1970 Zoning Ordinance.
V. FINDINGS OF FACTS
THE BOARD HEREBY HAKES THE FOLLOWING FINDINGS OF FACTS:
1
Prior to the adopting of a Zoning Ordinance in South Middleton
Township, there existed a use at the property at 729 Petersburg
Road of a multi-family dwelling consisting of two (2) separate
dwelling units.
2
The use of a multi-family two (2) separate dwelling units at the
subject property has continued from prior to enactment of zoning in
South Middleton Township until the present time.
v.r. CONCLUSIONS OF LAW
THE BOARD HEREBY HAKES THE FOLLOWING CONCLUSIONS OF LAW:
1
The applicants, William R. Ronan and Geraldine L. Ronan, have met
their burden of proof and have demonstrated that a non-conforming
use existed at property 729 Petersburg Road, Carlisle, PA, prior to
enactment of the January 1970 South Middleton Township Zoning
Ordinance, which use was a multi-family two-dwelling structure.
2
The applicants have failed to meet their burden by way of objective
evidence that, as of the enactment of zoning in South Middleton
Township in January 1970, there existed a third apartment unit on
the basement floor of the subject property. .
t :.
3
'.~~~'
The Township and the objectors have failed to meet their burden of
proof in showing any overt acts or failure to act that would
demonstrate an abandonment of the multi-family use at the subject
6
property since January 1970.
VII. DECISION
It is the decision of the South Middleton Township Zoning Hearing
Board that the appeal of William R. Ronan and Geraldine L. Ronan
from the July 21, 1997 enforcement notice issued by South Middleton
Township is sustained in part and denied in part.
The appeal is sustained in the sense that it is determined that
there was no abandonment of a non-conforming use at property at 729
Petersburg Road, Carlisle, PA, which use consisted of a multi-
family dwelling unit at the subject property encompassing two (2)
separate dwelling units.
The appeal is denied in the sense that it advanced a suggestion
that there existed three (3) separate dwelling units at the subject
property which had all obtained non-conforming use status. It is
determined that two (2) dwelling units at the subject property may
continue as a legal non-conforming use, with these units being the
first floor dwelling unit and the second floor dwelling unit. The
basement area of the subject property has no legal status to be
used as a separate dwelling unit.J
DATE MAILED
A. LARRY BREAM, SECRETARY
SOUTH MIDDLETON TOWNSHIP
ZONING HEARING BOARD
ANY PERSON AGGRIEVED BY THE DECISION OF THE ZONING HEARING BOARD
MAY APPEAL TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. THE
APPEAL MUST BE FILED WITHIN 30 DAYS FROM THE DATE OF THIS DECISION.
3 The Ronans advanced in their brief a request that the Board consider
addressing a third apartment unit as an expansion of the existing two (2)
dwelling unit non-conforming Use pursuant to 51904 Township zoning ordinance.
such an issue is not properly before the Board on a procedural basie.
Furthermore, the criteria for the granting of a special exception for expansion
of a non-conforming use under 51904 include a number of factors which were not
addressed in the testimony at the hearing of this case. Accordingly, the Board
does not address in this decision the merit, if any, of Ronan's request to expand
a non-conforming Use pursuant to 51904.
7
. ~
TERRY T. RICKERT,
Appellant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
V
ZONING HEARING BOARD OF
SOUTH MIDDLETON TOWNSHIP,
Appellee
NO 98-676 (") .0 '11
c: OJ
-..'
""l~: J;2o :;1
c:
(11 [! : ::..., i,l:D
2..01 -.,m
zr- I
~~) .~-: UJ -i,,?
~:C: '-.Je,
:=-:: .,.J~
~;:l-) ...-+1
~r' -,- ,)(')
1:.- .! W 13m
.c
~ -f
c- >
\0 ~
William R. Ronan and Geraldine Ronan,
Intervienors
FILING OF RECORD
The Zoning Hearing Board of South Middleton Township, pursuant to the Writ of
Certiorari issued in the above captioned matter, hereby files and certifies the record of the
above proceedings that took place before the South Middleton Township Zoning Hearing
Board. The contents of the record are as follows:
1
Application of William R. Ronan and Geraldine L Ronan for an appeal from the Zoning
Officer's determination,
2
Transcript of proceedings from November 3, 1997.
3
Transcript of proceedings from December 9, 1997.
4
Exhibit A-I (receipt book)
JUL-31-97 THU 10:36 A~ SOUTH ~IDDLETON TSHP@
r.
"\i
r .,
FAX NO, 717 258 3577
P. 02
~outb ;ffiibbleton ~obJtt5bip
520 Parle Drive, Boiling SpriUK3, P A 17007
PHONE: (717) 258-5324 FAX: (717) 2S8.3577
.'
.'
APPLrCAUON FOR APPE..l.r.. SPECIAL EXCF.PTION OR V.4.RJANl"'E
,
\'
.
I,
1
To the Zoning He:lring Board of'South Middleton TOWlUhip, Cumberland CoUl1ty, Pemuyl";3:
1. The name address of ( appeU:urr. applieant r William R. Ronan and
Geraldine L. Ronan, 759 Petersburg Road, CarliSle, PA
I I
I'
I' I
l
,
2. Address of property Involved: 729 Petersburq Road. Carlisle. PA
3, (Applicant,~) (is, acluat) the owner of propetty, Ifllot, the name and ~ of owner
is
4. Name and 3ddress of( ~\IJom'~, Applicant's) 3ttomey, ihny, who will be r=preSentlng
(1qsJI'lo1l'~, Applicant) at he3ring: F.dwarn r.. Schomo, Roo.. 36 S, Hanover St..
Carlisle, PA . .
S, The prcpexty is presently used as follows: mUlti-family dwellinq (three aoartmentsl
J
6. The appe:ll', special elCception or variance sought by (Applicant, .?~U~) citlni ]lrCSCIIt zonini
c1assification of property and the section of the Zoning Ordinance UIIder which the appeal, speci3!
c.'tceptioll or valiance is rcques~d: we appeal the detennination of the zoninq
officer dated July 21. 1997, a coov of which is attached. (Section lQOI)
7, The llrDlIIl.ds for appesJ, or r=:1Sons for special exception or valiance, ate: Applicants
have a vested right to nonconfonninq use status for 3 aoartrrents. which
nonconfonning use has never been abandoned,
8. For an appeal from ndecisiOl1 or order of the gOverning body or orany officer OT agency attach
a true copy of,the order.
(d".;?J' (V~
' . I~ ^ ""'tJA. ~..,
S~gnature f Applic t I
,1/. '.. ~. _
/ ,..A.-<-<t,u/-v:c..<. . d-" '/-( A--" _
. Signature of (Appellant, Applicant)
Date accepted and filed ~ 0 /9/"
Received by: j --;-r:.-.ol- S-Iov7-
/
.--
Fee: S .;2.SD
SEE BACK OF APPlICA nON FOR ADDmONAL INFORMATION REQUIRED
NAME
ADDRESS
SMITH, CALVIN J.
WOOD, BErry C.
HEYMAN, EUGENE F,
WESTBROOK, GALEN
722 PETERSBURG ROAD
541 E, OLD YORK ROAD
619 LEREW ROAD
562 E. OLD YORK ROAD
WETZEL, KENNETH
RICKERT, TERRY T.
BRYMESSER, STEPHEN
JOHNSON, JERRY A.
740 PETERSBURG ROAD
726 PETERSBURG ROAD
751 PETERSBURG ROAD
748 PETERSBURG ROAD
LESKO, B.R.
724 PETERSBURG ROAD
SNYDER
744 PETERSBURG ROAD
~ER
da;l} /-I, IScl~Jal'lltl~
752 PETERSBURG ROAD
~outb :flllibbltton m;obJnsbip f'IV(Q) fi5)~
520 Park Drive, Boiling Springs, PA 17007 ~ IJ' U
PHONE: (717) 258-5324 FAX: (717) 258-3577
July 21,1997
Certified # P 180 163 357
Mr. William Ronan
759 Petersburg Road
Carlisle, Pa 17013
Re: 729 Petersburg Road
Dear Mr, Ronan:
As the Zoning Officer of South Middleton Township, I have determined that you
are In violation of the following provisions of the Zoning Ordinance of 1989, as
amended, for the reasons which I have specified.
The previous owner had occasionally rented one apartment while liVing there
herself. However, since that time, the dwelling located at 729 Petersburg Road
was vacated for a period in excess of a year. According to Section 1901d, if a
non-conforming use is discontinued for a period of a year or more, the use loses
its non-conforming status as thus cannol be reinstated.
At present, conditions suggest that three apartmenls are being rented, none of
which is occupied by the owner of the dwelling.
Before an accessory apartment use can take place, it must receive conditional
use approval from the Board of Supervisors and subject to the following criteria
found in Section 602.2:
1, The livable floor area of the accessory apartment shall not exceed
seven-hundred twenty (720) square feet.
2. Only one accessory apartment may be permitted within a single-family
delached dwelling.
3. An accessory apartment may only be permitted and may only continue
in use as long as the principal dwelling is occupied by the owner of said dwelling.
4. The lot area for the principal dwelling shall meet the minimum lot area
requirement for the applicable district where located.
5. The exterior architeclural character of the principal dwelling shall not
be altered in a manner which departs from the primary feature of the building as
a single-family detached dwelling unit.
"'I
'> .~
"
'~'I+
.,
. DUE
.-
0"'
. ~
~
".
.'
It
.s
.
'J.'
.,
',(0",. .-
.,..
"
...
,.
" " .,
.. .. " ~..
,
'fHl: Ii v"tM~FlfetD~~W~NY l~t"fE
\lJ. ;) . uo'" I J 0
GAIIL1~l.i I'A
\ ..__.._._.._ ""'_00
. ClAM'
0100
CLASSIFIED "OVERTISINO INVOICE
ITHE EVENINO SENTINl:L
1/ OIJ P.O. BOX 130
CARLISLE
PA
17013
".,''', .~.u..n_n""'"ll..'
t
,
I',
\;
(;i
) ( ,
., .
,tj
INVOICE NO.
~, ARM
EXH18IT
A>
16
PAV THta ~'" N'L
4.Y/
~.~2
~:):.., ,0:,....
..
I'
"'1' ',{"'.
..
"
..:j~' .~
~i'~.i
" ,
PAY THIS ^MOU~~
i
"
.."
--. """.u-;:;, ~ ~,
CLASSIFIED ADVERTISINO INVOICE
t:.V l::N1 NG ~l:N1'1 Nl::L
....,...~.
..~:4:.,.;
i
I
IllIl::
II>. O. UOX 130
CAfiL1~LC
I
I
I
I
1
I
I
,
I
l'M""~~'f,.iJ
.~ Gf;OSS AMf UJ c
,
I ,. " I.' VCLASSIFIED "OVERTISINO INVOICE
L L:1H,lu ,JI...'i!!fl..:.L
'''',
~'.-
I.),)
:.~.,
!, .
I
'1
I
1". (J. .IUX
1'/O'13L:t\tiLl SL~
"'/1
I
Ill! IJ I
,
I
I
I
M ';'1- I
.!./O.j
J
i
1
I
,
I
PA.
-..
" ~',
NO;':.:l.-,'_"
U.;,l!.< /
2uu
-
''''''~'-l(~~' \' r"'~'~I)i."~l"'t.l.J;II'''W",,,.,'a.:J1,'~'''!1
crrlL:lcN~t I AUJLI
r
.. '.....J
{ ')~
~
';
~U-U/uu
. la'
.,
J.:Jl!
"
.l
J
,j.o
4
J
5.0t3
5.04
~.~""':.. ",.r ..,
~ .......-...
''r~~'' -..
, l
,
\
~
l
I
II
)
,
~
\
"
, ,
Ii
(..-~,
J'Ju;
J.di'
,
:r:
b.08 :J.1J4
Ar'J'bl UYlU2
A
~ 'J ,_
....
','. ..
'~;,. ~.1
_4....,.".
- .
,
!I; ,..
I~' .
, fi I E .:~~'flT'~fJD~';l'I~~~'7rg'e
, .
I.... ll. uox 13J
(;AtiU ~Lc
. _..- '-_..
r'~r'G::;;-;~~l.~~.~~~~,::.. )
~ .~/,:J.,.J v-, ,1\:1' ..
Ju'("'BJ )".." ii.l. .!.
',j. ,'1 _, !:
\ ...0;::;,' ",'",': I ') I-
"~l~b ?.r."l~~:'~:l .. oJ ':
" ~__. _..____1-.
I>A.
I'/U 13
i
I'
I .
t
I
'.
}~.
__"'.L__..
"
.'
i
, .
':'10
I
I FUWNlbH~D E;F1Cl~NGY
1 U~ .......DATI'''"~~ ,,'rIUPHOtfINO.:. ,II.
I UM I O/~3RA~.;j-;:;'~. B
I 3 J J. 5U
I
I
I '1'A'I'.JNlaAMQINT...,.,
I(llt).. . ;!d U L: !.
IIIIIJllN IHIS POIlIIllN WIIH YllllH HIMIITANCI
~i
.,
\,
'i
350
8513!:l
',;.... ."
THIS SPACE FOR ADDRESS ONLY
..
,
r
HAUEN, MON1(;A
12Y I>t.Tcir/",BUk'G WU
(;A..Ll:.; t..t: f'A ~
3.d9 17lJI3 I
.
L. .J ..' , \ ....,
'.) "
3.50
I' ClASSIFIF.D. ADVERTlSIND INVOICE
r tl;.;..1 i'~.l I tl ~ L .
LL~Sj.IIiV AOV:"rI.IN~
I" () "IH 1~"
~A~Ll~Lt ~A
CLASSIFIFD ADVERTISING INVOIC[
THE SENTINEL
CLASSFIiED ADVeRTISING
P 0 dO X 13 0
l/WCARLISLE PI\
"..11" .'''1.."111'1"_""11'" .....
INVOice NO.
1~, 1(1 S
INDEXlNG TERM
dJICE'1
8TART DATE TELEPHONE NO. aAD
1/)~/~1 ?S -~ I
lid: ~ 1MI8 RATE . AMOUNT. GROS AM UHf
,
5
4. '" ')
o. /. S
PAYTHISAMaUNT . 0 4 0; ,,' -
&~VS~ AMT DUe AFT'R 01/19:
........~_.. ~.
~ "', -_._.,-.---_..~-
, CLASSIFIED ADYERTISINQ INVOICE
I THE SENTINEL
CLASSIFIED ADVERTISING
P 0 1:10 X 130
CARLISLE PA
1701 ~
(:
I'.,
I Ii
I~ I
U
,'fj
".11111:.""1...... In."..1I.. '.....
IHVOICf! 140.
144445
BILLING DATI
J9/19/88
INDUING TERM
1 ADULT EFF
STAnr DATE TELEPHONE NO. ORDER N
~/13/88 258-676
.",WOI", TIMES RAlI!'
7 3
ET AMOUNT G S AMOUNT
4.45 6.45
.;;\,f:.
'It--
I.'
.~! ";.
..
;
"
PAV THISAMauNT. 4. 4 5
"
, I
.~~~ "
'f'Y)' .
" ,
6.45
----~
- -_...,--...-
I; ".,
i.-
CLASSIFIED ADVERTISING INVOice
TH.E )CNTIN~L
CLAS,IfIEO ADVEnTISING
? IJ .;OX 130
170 CARLISLE PA 1701:
,
I,
I
"..."...............-.....,.. .....
I
I
I
I
(.
6/22/89
MEII -RATE
26 3
FLAT CHR
.00
7.83
NET AMOUNT G
N
.00
9.83,
I
I
PAvrHtUMaUNT ..
GROSS AMT DUE AFTER
CLAS!oIHUJ Auvt;Hll!oIf\jf.j If\jVOIl,;f
THE EVENING SENTINEL
~57 EAST NORTH STREET
CARLISLE PA 17013
I INVOICE NO CLASS f!ILLI'-lQ DAlE
I 01~99 601 02/27/78
I INDE>tI"-lQ lfll\l
EFFICIENCY
I STAHT DAlE lELEP'lONE NO OIlDEH ,.,,0
I 02-27-78 258-6768 01499
I
I NET .U.lOU,.,.T c;OIJHAI.lU'-""
i 3.00 r;rr
PAY THIS AI"lOUNT ....
3.00
3.33
GROSS AMT DUE AFTER 03-09
>~,
" .
,
'1
".III".....~'..I"_n...... .....
,
..l
j
)
-J
I
,
I
....", INVOICE HO.
ii
"
.'
,
81lUNO DATI"
01/27/89
155087
"INDEXING TERM
EFFICIENC
'I,' ., START DATE TELEPHONE NO,
OADEA
,'-'
.,
1/25/81 258-6768
IIl1WOM)J TIMES - RATE NET.AMOUNT GROSS A'-'OUNT
5,) .00.0
fLAT CHR 4.90 b.9
,:.4,,~"__J:" ~"'1;"~;"';'.l.'~'';''', ..~
I j
,
\
r
I
i
II
I
I
~
\
\,;
,
.
I r
"'t"
. .~.
, .
PAVTHIUMaUNT. 4. Y () 6. Q C
GROSS AMT DuE AFTE~ 02/11
'~:: ,",
. "
>
.........--.~l~~t'.. " "
,oj ..
1-- ,
1 '~:
) ~~ ...
I,' .
,-
"
9
.,':t .
.
.'}.
,;
..
I,
'j
.'
oj
T~ir~'"s~r:L
"'c\f ._.~~r.u...'-"}I.l'oSO.H'
IHAGEN ARNOLD
R 0 6 BOX 240
PA 17013
'lC,~~. ..
,
...11.
'.
I
,;.
t ft
,
,
."
''"'.;
CARll SLE
L
"\..""
.-J
CLASSIFIED ADVER riSING INVOICE
,THE SENTINEL
iCLASSIFIED ADVERTISING
!P 0 80X 130
[CARLISLE PA
I
!
Forwarding & Addross corroctlon roquoSled
INVOICE NO,
219437
INDEXING TERM
FURNISHED
DILLING DATE:
09/01/90
START DATE
TELEPHONE NO.
8/30/90 258-6768
ll"lSIWO~01 TIMES
RATE
NET AMOUNT GROSS AMOUA
5.10 7.10
9 3
PAYTHISAMOUNT ~ 5.10 7.10
GROSS A~T DUE AFTER 09/16
.".
I Cl^S~tJlt II ^IIVl HIISII'.II; INVOice
rilE EVEr: UW SENTI NEL
1J~"7 EAs'r NCmTrl STll EET
CARL SLE PA
170
1'/013
1~"'OtCE ~o
CLASS
l'llllf.u IlAIf
1000827
601
04/24/18
<;tA I AtE ~ NO
04/~1/78 2~76
ER .....0
J,900d27 ..
-....-
L'''''.'i
I'oflRO
, ,
HAtC: ~
.35
.2u
3
.-
r
,
I
I
,
4.20 :
!
PAY t.or,; A'.lOUfIIT ~
3.78
I
;"""'".....-~ --....~.-._-~.-. .Qll.Q_~2_".~!il..BYElILnOLo~/04 .'
I
I
)
I
! :::11~~~.
i 1-~-91:-~ . ~+~~.t-
!! D Dauphin <DePosit Bank
I ~L~~"'~~
I
I
I
I
I
"""."'..-,-,.-
MONIKA HAGEN 12-82
.'MQ
'1:03 B008 ,U,I:
"0'" 2"8Q.. ~II'
t,
"',"1"''''''
"""'-"~'" -
___:.!:......AN.,r"~..,~
d:tJ~.~-L!19~
NUMDER
388
~:11
. ..~ '-""1
$1 If,to :
^<- -.. ....--....-. -,-., .~.
DOLLARS
~
Q Q 0388 ."0000000" QO.,'
....u._.
r ":."0>
i.... ...,~
'.
.. ,
.'
.'
!i4,
.."
.....
,,:
,.
,-- I\"r-"
-5
,
'1
~.,1\.:,
'~
, L
; ,'~.r .1,';
,\'
( ':
L
, '
\ I
1/
I~
) i :
.~
I
,
i
j
j
...
...~ , \
'~>'..
'~4i '
, ,
'I} \
, .
\q~
f
i
I
b -~
r~
1
I
I
I
!
1
! ifJ
i
,
\
r
,
j
t
I
,
~
\
)
f I
~:
'jc}'.,,'"
"
"
"
...
..
,.
.... '.
.".
..
I
I
I MONIKA HAGEN 12.82 I. /1
: . , jWfj'-.J:.>_19_gf, ~~11
I lPAYWTIII-:../' 1.,L,; d/'i?- _ .~, '.'11 ,,- :,;.., '~vJ $':H;,n.. ".'J
\ IORDIROF_V..:z.~~,... . .~?~..<a:'*"R"L~~ 1.1't~.:S'._. __0.
!- ~~/~:;."J?-/;J~;;1~. ~4 DO L L A R S
I! . D DaUphin:-of'~;~~'- ~, ~~~
I ald Trust Company
I ~ALlSl[,PE'*'SYlVA"""l'OU /1M I ,,__ J,_ .'
I ",.... , .:j(p...~.4V~?k14'-
I -11:0:1 BOOB :11,1: 1,011I 21,B!:j I, ~II' Cj Cj 0 3? 5 .,'ooff'oooo?B :I.,'
...........
NUMIlER
375
......--...
~
.'
'"
~~W~~'\';~:';R~.",'I,,,,'.~)'~'~~,'I'~r~'''''~~~'''-''------''-~~,.."..A",.,....-.....~.' ,-,~._~.. :.,.,";.....':',..~' ~.'T'I'': t';lc';'>:""-:-,>,'~"'-n.......__
NUMBER
429
j
I
1\ I 0 O' 6 L MON~KA ~GENI 12'~ 0
_ PAYTOTHI U,.O ~ I ~~ _..,J./;./.
\ iORDIROF_~.~"";---. .L
I i ~ 9.e&,A"').JM1~-~
\ r / -0 ~ DauphlncoePostt Bank
, a1d Trust companv
CAAUSlt. ptNHSYLVANlA 11013
ej-/Z
191.0_ ~11
313
$ [f,'-io' .... _ \
,..__ '~''''d._
DOLLARS f.
I.
MtMO' .
+~o:l~:looB:lI,I: 1,01ll21,BCjI,~1I
~i1ILri4;j{/.,~
Cj Cj 0 I, 2 Cj ,"0<000000 5 ~~:,~'_.
I' -.''10,
.., .. ,
.'
.'
, '''''',
" .......
'.-
';i
"r I. ,
-'.,.'
I.
~.\,""',<..
. ...
, . ,J. ~
I.};';-.
,\1
{ ':
~, 'I'
I'.
";:
1,..,
I,
J(
.'Ef
I
I
,
!
,t.
.... - \
~':~.
.?:-",'
.; "
,
, .
:''l~
(,
6
.~
,.,
~...~--~...,....:..
!
\
I
j
(
)
I
~
\
h
f~
.1
~
!.'
~
oj
~ I
.,
"
"
,,;....,..
...
,
)
.'
,
,
,
)'
.".
RETRIEVE 10/03/97 12:~6:~U
OPTIO~.' L~ TRX: 680 KEY:
~T.~U ~~~ bl~!U~
......... ......... .....""........ ~
ACCT STAT 20
ID _ TYPE
RATE/REV 140 11
.
POL SUB
OPR DIST
CONT DMD
NON-CURT
SPEC MIN
t TJ\X EXEMPT
M
MC S M METERII
10 1 G 32234977
.PEND ORD"
194
43
o
o
.00
100.00
729 PETERSBURG RD 2FL
CARLISLE PA 17013
SERVICE LOCATION
.,..
DWELLING UNITS
SPEC COST ID
GEO LOC
SERV TYPE
WH CAPACITY
INSTALL PRES PRES
DATE INDEX DATE
08/17/60 6088.000 10/01
/ / .000
/ / .000
/ / .000
/ / .000
/ / ,000
/ / .000
/ / .000
1
SIC CODE 8830
ENGINEERING CODE 16546-29804
MS TOD
C T M LOC RI D ID
o 03 00 4
o
o
o
o
o
o
o
CONSTANT
1.000
.000
.000
,000
.000
,000
.000
.000
o
52
R E
C X
1
.,..
/'-/-
tOR DAlfS at DI^,II MllR 12/3"91 CIlICK IIIRI
Ih~~.9 INHERITANCE TAX RETURN ~O~~:~TugtDI1I$ ClAIMIll 0
'l::\l1Ws:1' RESIDENT DECEDENT riiiNiiMiiiR
COMMOHWIAl1ll0,rrHlmlv^,,,^ (TO BE fiLED IN DUPLICATE 21 - 9'
O',^OlMIHI or "VI"U' ILL ) " - 0859
orru,o..t .. WITII REGISTER OF W S COUNTY CODE
lIAUI$I\Uno. fA 171:11.0601 Y[^n
li[Ctli1Rr-nr.h\r~1i~ r.flOl I~Rif1,\lij[n[1illll^\1 6[C[6(Rr~1:GlAmln6lii( II
Hagen, Monika A. 729 Petersburg Road
IOmntCOifTV1lUh\!l! Iliiilrorliii.,rr-\O;.uUrliil" Carlisle, PA 17013
579-48-9836 9/21/94 12/19/04 c..., Cumberland
:g: I. O,lolnol Relurn 0 2. Supplomontal Ralurn 03. Romnlndar Rtllur"
(ror dolo. of doolh prior 10 12.IJ.02)
05. rod.ral E.tal. lax
RDlurn Roqulrod
-lO. Tolol Numbor or Sare Oopolil Doxo'
19. Ulillo 10 Is 9roolor Ilton lioo 17, (Illlnr 1110 dilloronco on Iino 19. Tills h lho OVERPAYMENT.
ao Jilmn~rr:II:all1lf,IIj(:II;Hla:lllalllil; iI:llmnnT!nall:ITIR:I1NJilil'liil:J:l"
20, IIlin. 17 h oroolor Ihon lino 10. .ntor Iho dilloronc. an Ilno 20, Thh h Ih.TAX DUE.
A. Enlor Iho Inlol0l' on 1110 balanco duo on Iino 20A.
0, Enlor Iho tolol 01 B". 20 and 20A 0" Bno 200. Thl. II tho DALANCE DUE.
Ma~o Cllock raValllo 10: Roohlor or WIlIt, Agonl
: .". .', "~i":;'I,', ';'. ".::.' .....1It-:; DE SUnETO,ANSWER ALl.QUEStlOHS;bHlnE..I.~R$E..SID~iANb.iT.OiIlE.QHECK;MArH.i:+t."/iII;?i:;:}::\',~V~ll;;:~' ;')';;:!
ij;J~ilio' 01 J1n,jury. I dodnrn Ihol rhoyo ~~;';-J~iurn. inductinn nccomponr1ng .cho'dulo. 0 ..----;;; my ~nowlodg. and L;ilof.
iI Is hua, co"nel ond conlploln. I dodoro Ihol 011 rool oltolo hns boon rOJ1orrod otlrul markel voluo. Doclo 0 pOflonal roprolonloliYO 11
balad on olllnlormolion 01 wl.ich prClporor hOl (lny ~nowlodoo.
l1OR1ill,1ir:ormW~~i~'lllIROii!lURH ^liliil1
@~^t[~r&if.~IVC ^uGiB
~_/A?.....I,?'~'
z
o
;::
:3
::>
....
ii:
<(
u
"'
'"
z
o
;::
<(
....
::>
..
:!:
o
u
X
<(
....
, .
D~,
10l 6.
lImilod E.lat.
Docadonl Diad TOllnlo
Esq,
. 243-3727
1. Roal E.lalo (Schodulo AI I II
2. Stack. and Oand. (SeI'odulo 01 ( 21
3. Clo.oly Hold Slock/Pa,lno"Mp 1"'0'0.1 (Schodulo q (31
~. MorlgooOl and Nolo. Rocoi,oblo (SeI,odulo DI ( d)
5. COlh, Bonk Doposits & Miscollanoous Porsonol rroporly( 5)
(Schodul. EI
6. Joinlly Ownod Prapo'ly (Schadul. II
7. Tran.fo" (Schodulo G) (Schodulo L)
O. Tolol Gran Assoh (lolollinol 1.71
9. Funorol Exponlos, Admlnhlroliyo COlh, Miscollanooul ( 9)
Exp.n,ol (Sch.dulo HI
10. Dobl., Morlgaoo lIabllitio.. UOnllSeI,odulo II
11. Tolal Doduclla"'(lalol Bnol 9 & 101
12. No! Voluo of Eltalo (Ii no 0 minuslino 11)
1:J. Charilablo and Goyornmonlollloquoih 15cliodulo J)
IA. Nol Voluo Suhjoc1lo Tax llino 12 minu,lino IJ)
15. Amounl of Iino 1d laKablo 01 6% raiD
(Inelud. valuo. Irom Schodulo K or Schodulo M.)
16. Amount or Iino 1A laxoblo 01 15% rulo
(Includo voluo. from Schodulo K or SeI,odulo Mol
17. Principal lox duo (Add 10K. from lino 15 and rrom Iino 16.)
18. Crodils Spoulol rovolly Crodil rrior roymonh
+ fl... 000.00 +
.f)3 r- /...3
.
J.lu/.\nEn
190',000,00
,~ --
., .
,..
207,921.77
TI,.... <t;TI-/
.----.. -'-'.. -,. DE C' .
-'rl~1. V/ . . , .: <;'(
---:!I-C~~U'~~tn/~
CL.."'i';,, I
( 61
( 7)
397 , 921. 77
( 01
(10)
23,482.83
11,086.97
(II) 34,569.80
(12) 363,351. 97
(l3)
(Id) 363,351. 97
X .06 =
363,351.97 X ,15 = 54 , 502 . 80
(171
(151
(16)
Dilcount
2,473.61
Inloroll
49,473.61
110)
(19)
(20)
(2M)
(200)
5,029.19
5,029,19
,llXHIBIT
A-v
UAlt ,
~.:1-<: J9f}.!.-
I
.2-.;l~-?'s
140718120897
ROW621
File No 1994-00859
Decedent HAGEN MONIKA
" .
..
r"
, ,
"
Date
Filed
10/06/1994
10/06/1994
10/06/1994
10/07/1994
10/11/1994
10/24/1994
12/13/1994
12/21/1994
Cumberland County - Register Of Wills
Page
1
PA File No 2194-00859
Docket Entries
1 PETITION FOR PROBATE AND GRANT OF LETTERS TESTAMENTARY
2 OATH OF PERSONAL REPRESENTATIVE
3 DEATH CERTIFICATE
4 DECREE OF PROBATE AND GRANT OF LETTERS TESTAMENTARY
5 CERTIFICATION OF NOTICE UNDER RULE 5.6(A)
6 CERTIFICATION OF NOTICE UNDER RULE 5,6(A)
7 INHERITANCE TAX PYMT
PAID - 38 000,00 ACN - 101 RECEIPT - M9132BO
SCHORPP .E6wARD L
B INHERITANCE' TAX PYMT
PAID - 9tOOO.00 ACN- 101 RECEIPT - A22619
SCHORPP DWARD L
2/23/1995 9 INHERITANCE TAX RETURN TAX DOCKET 14 239 13
2/27/1995 10 ROLL 4 BATCH 235 PAGES 1 THRU 19
2/23/1995
11 INHERITANCE TAX PYMT
PAID - 5L029,19 ACN - 101
SCHORPP ~DWARD L
RECEIPT - AA22861
3/20/1995 12 ROLL 5 BATCH 427 PAGE 1
4/2711995
8/30/1995
13 REV 1547 NOTICE INH TAX APPRAISEMENT ROLL 6 BATCH 599 PAGES 4
Docket: 14 Book: Page: 239.00
14 FIRST AND FINAL ACCOUNT AND DISTRIBUTION
10/10/1995 15 ACCOUNT CONFIRMED ABSOLUTELY
10/17/1995 16 DECREE AWARDING REAL ESTATE ROLL 6 BATCH 599 PAGES 4
.-
140718120897
'. ROW621
File No 1994-00859
Decedent HAGEN MONIKA
Cumberland County - Register Of Wills
Page
2
PA File No 2194-00859
9/23/1996 17 STATUS REPORT 6.12 COMPLETE
"'--':~"'.:.
,.,.
ARTICLE IV
R-A RESIDEHTIAL-AGRICULTURE DISTRICT
SECTION 400. Purpose. The purpose of the R-A Residential-Agriculture
District Is to encourage the continued use of the land for agrlcu.ltural
purposes and permit those uses which are compatible and allied with
agricultural operations; to preserve open space and to permit low
density residential development which wi II not require extensive public
services or facilities and to otherwise create conditions conducive to
carrying out these and other broad purposes and objectives of thIs Ordi-
nance as set forth In Section 2 and 3 - Enactment,
SECTION 401. Use Regulations. A buildIng may be erected or used, and
a lot may be used or occupIed, for any of the following purposes:
I, Agriculture, horticulture nursery, orchards and greenhouses,
riding academies, livery and boarding stables, dog kennels,
animal hospitals, animal husbandry,
2. Country estates and farmsteads Including the main dwel ling,
stables, barns and accessory buildings and structures,
3, Churches, or similar places of worship and parish houses,
convents.
4. PublIc schools, libraries, museums, and munIcipal buIldings,
5. Single-family detached dwellings,
6. Home occupation when In compliance with Article X, Section
1010 and when authorized by a permit Issued by the Zoning
Officer or recommendation by the Board,
7. Signs when erected and maintained In accordance with the
provisions of Article XIII, Signs.
8. Accessory use on the same lot with and customarily IncIdental
to any of the above permitted uses.
SECTION 402, Special Exceptions, The Board may authorize as a SpecIal
Exception the following uses subject to the procedures outlined In
Article XI, Planned Developments:
I. Apartments, town houses, garden apartments, converted apartments,
group dwellings, (sIngle and two-famIly, multiple famIly) In' .
accordance with Article X, General Regulations, Section 1002,
1003, and 1004, Area, Building Coverage and Yard Regulations,
2, Col leges, hospitals, nursIng homes and convalescent homes
and retirement homes or villages.
3. Mortuaries,
4, Municipal parks, playgrounds, and recreation areas including
swimming pools.
-20-
~outb jOOibbldon ~own5bip ,0){O) /5)~
520 Park Drive, Boiling Springs, PA 17007 ~ lJ' U
PHONE: (717) 258-5324 FAX: (717) 258.3577
Certified # P 180163357
Mr. William Ronan
759 Petersburg Road
Carlisle, Pa 17013
Re: 729 Petersburg Road
Dear Mr. Ronan:
As the Zoning Officer of South Middleton Township, I have delermlned that you
are in violation of the following provisions of the Zoning Ordinance of 1989, as
amended, for the reasons which I have specified.
The previous owner had occasionally rented one apartmenl while living there
herself. However, since that time, the dwelling located at 729 Petersburg Road
was vacated for a period in excess of a year. According to Section 1901 d, If a
non-conforming use is discontinued for a period of a year or more, the use loses
Its non-conforming stalus as thus cannot be reinstated,
At present, conditions suggest that lhree apartments are being renled. none of
which is occupied by the owner of the dwelling.
'I
,
I
Before an accessory apartment use can take place, It must receive conditional
use approval from the Board of Supervisors and subject to the following criteria
found in Section 602.2:
j
,
1. The livable floor area of the accessory apartment shall nol exceed
seven-hundred twenty (720) square feet.
I'
2. Only one accessory apartment may be permitted wllhin a single-family
detached dwelling.
3. An accessory apartment may only be permitted and may only continue
in use as long as the principal dwelling is occupied by the owner of said dwelling.
4. The lot area for the principal dwelling shall meet the minimum lot area
requirement for lhe applicable district where located.
5. The exterior architectural characler of the principal dwelling shall not
be altered in a manner which departs from the primary feature of the bUilding as
a single-family detached dwelling unit.
-r~/
EXHIBIT
~1 AfZ..M
6, One additional off-street parking space shall be provided.
7. The applicant shall submit a plan and supporting documenlatlon to
establish compliance with the slandards herein In accordance with Article XX,
Therefore, this current use of the property is a violation of Sections 602,2
(specifically 602b and 602c) and 1901 d of the Zoning Ordinance 1989 as
amended.
THIS LETTER SHALL CONSTITUTE OFFICIAL NOTICE OF MY
DETERMINATION. YOU WILL RECEIVE NO FURTHER NOTICES.
Upon receipt of this Notice, you have two (2) options:
1, You can correcl the aforesaid violalions by ceasing the use of all the
apartments until a conditional use approval Is obtained and subject to the criteria
required by Section 602.2.
2. You may appeal this determination to the Zoning Hearing Board.
If no action is laken wilhin thirty (30) days of lhis Notice, be advised that South
Middleton Township will take the necessary legal aclion at that time, Such action
can result in an order against you to correct the violations, imposition of
monetary penalties (fines, costs, expenses, etc.), and other acllon deemed
appropriate by the Township or the District Justice.
There will be no further notices,
Sincerely,
~
Timolhy . uerr
Zoning/Codes Enforcement Officer
,1~:jJ ~ j-
,"^W OffiCES
LANDIS BLACK ta SCHORPP
36 lOUTl1 HANOVER STREET
C^RLlSlE, PENNSYlV^NJ^ 17011
ROBERT R, BVoCK
EDWARD L, lCHORPP
TELEPHONE 1717120\3-3717
). OOYD VoNDll
IIU14'191l4,
JOlEPH ), MclNTOlH
,llJ4o'l9n:
February 24, 1997
Browning Ferris, Inc,
Central Pennsylvania District
P.O. Box 8895
Boston, MA 02266-8895
Mr. Tim Stoudt
South Middleton Township Municipal Bldg,
520 Park Drive
Boiling Springs, P A 17007
RE: Mr. and Mrs. William Ronan
729 Petersburg Road, Carlisle, Pennsylvania
Account No.: 6706543
Dear Sirs:
This office represents Mr. and Mrs, William Ronan concerning referenced
account. I am enclosing with the Browning counterpart of this letter, my client's check
remitting the balance due under statement date of December 17, 1996, This amount is
being paid under protest and is subject to a credit offsel for the following reasons,
The December 17, 1996, stalement ilemizes billings for the period December 3,
1995, through February 28, 1997. You were previously advised, and we are confinnin~
"herein, that this property was vacant from ADriJ. 1994, throulZh ADril, 1996. Therefore,
the Ronans are entitled to an adjustment credit for the period from December 3, 1995,
through April 1, 1996.
L, addition, the Ronans utilized your tag syslem for trash pick-up for the period
from April 1, 1996, through December 31, 1996. During that period, 15 tags at $2.87/1ag
were used for trash service, Therefore, the account should be credited in the amount of
$43.05 for the actual services paid by my clienls.
Mr. Sloudt informed my clienls thai they were not permitted to use the lag system
for this premises. In response to his communication, my clients initialed use of the cart
syslem commencing January, 1997. No dispute is made as 10 the billing from that time
through the February billing date,
-F-:l
EXHIBIT
~1 ftef1\
\
"
l\FFIOl\VIT
COMMONWEALTH OF PENNSYLVANIA )
.
.
COUNTY OF CUMBERLAND )
SS,
I,
;1
We, Edward L, Schorpp and ~P....~ I?? , ~......r~./.d:Tv€<
the witnesses whose names are signed to the attached or foregoing
instrument, being duly qualified according to law, do depose and
say that we were present and saw Testatrix sign and execute the
instrument as her Last Will; that Monika Hagen signed willingly
and that she executed it as her free and voluntary act for the
purpose therein expressed; that each of us in the hearing and
sight of the Testatrix signed the will as witnesses; and that to
the best of our knowledge the Testatrix was at that time eighteen
or more years of age, of sound mind, and under no constraint or
undue influence.
"
I
L, Schor
.day of
affi~med an ~ubscribed to before me by Edwa~
~ m, /:. T v~witnesses, this /(0
, 1994.
Wi~~~~~~ (SEAL)
W{~)~ ~ (SEAL)
, 10 (SEAL)
No ary
t<<)TNlIAI. SfAL
SUSAN It GUYBl. Notary Public
CaM Cumbellancl County
My Comm\sSlOll ElcplIlS SellI, 4, 1995
,
,;.,..
CERTIFICATION OF NOTICE UNDER RULE 5.6 (AI
Name of Decedent: Monika Haqen
Date of Death: Seotember 21. 1994
Will No. 2194-0859 Admin. No.
To the Register:
I certify that notice of beneficial interest required by Rule
5.6(a) of the Orphans' Court Rules was served on or mailed to the
following beneficiaries of the above-captioned estate on
Name
Address
william R. Ronan. 759 petersburq Rd.. Carlisle. PA 17013
Geraldine L. Ronan. 759 Petersburq Rd,. Carlisle. PA 17013
Notice has now been given to all persons entitled thereto under Rule
5.6(a) except None
Date: /O-//-9~
~~~~
Sl.gnature
Name Edward L. Schorco. Esouire
Address 36 South Hanover Street
Carlisle, PA 17013
Telephone (7171 243-3727
Capacity:
Personal Representative
x
Counsel for Personal Representative
EXHIBIT
IC-'J.
CERTIFICATION OF NOTICE UNDER RULE 5.6 (AI
Name of Decedent: Monika lIaaan
Date of Death: Seotember ;p. 1994
Will No. 2194-0859 Admin. No.
To the Register:
I certify that notice of beneficial interest required by Rule
5.6(a) of the Orphans' Court Rules was served on or mailed to the
following beneficiaries of the above-captioned estate on
liIDllg
Address
Joan Marv,Adrian Dominican Sisters.622 Tavlor Ave. . Elmhurst. IL 60126
Paul Marv, 164 Five Fields Road. Madison. CT 06443
Jim Marv. 26 Hansom Hill Road. Windsor. CT 06095
Mrs. Frances Nunder. 321 Willowridae Drive. Amherst. NY
14150
Anna Montesano. 45 Emerson Drive. Eaaertsville. NY
14226
Mrs. and Mrs. Lorenz Schlaaintweit. 8376 Kaikenfied Post Teisnach.
Niederbaver Waldo Germanv
Mrs. Elsbeth G. Eddv. 13000 Piscatawav Drive. Fort Washinaton. MD
20744-6220
Notice has now been given to all persons entitled thereto under Rule
5.6(a) except None
c.
~~#/
Signature
Date:
3A:' .:=..?~-~
,~
\-.J
I-
r.'
:"1
Name Edward L. Schoroo. Esauire
Address 36 South Hanover Street
r>
0Ci
carlisle. PA
17013
Telephone (7171 243-3727
Capacity:
Personal Representative
x
Counsel for Personal Representative
.-
.'
IN RE:
ESTATE OF MONIKA A, HAGEN,
Deceased
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSVLVANIA
ORPHANS' COURT DIVISION
NO. 21 - 94 - 0859
FIRST AND FINAL ACCOUNT OF WILLIAM R. RONAN AND GERALDINE L. RONAN
EXECUTORS OF THE ESTATE OF MONIKA A. HAGEN
LATE OF SOUTH MIDDLETON TOWNSHIP,
CUMBERLAND COUNTY, PENNSYLVANIA
Date of Death:
Letters Testamentary Granted:
Letters Advertised:
sentinel -
cumberland Law Journal -
Account stated as Final
september 21, 1994
october 7, 1994
october 15, 22, 29, 1994
October 21, 28, November 4, 1994
SUMMARY & INDEX
PRINCIPAL
Receipts
conversions (Gain)
Less Disbursements
Balance Before Distributions
Advancements to Beneficiaries
Principal Balance Remaining'
INCOME
Receipts
Less Disbursements
Income Balance Remaining
COMBINED BALANCE REMAINING
PAGE
2
3
4
8
6
7
EXHIBtT
/l-]
398,030.29
1,649.10
-86.638.97
313,040.42
-101.992,43
211,047.99
5,001. 04
- 0.00
5 ,001. 04
216.049.03
1994
9/21
9/21
9/21
9/21
9/21
9/21
9/21
9/21
9/21
9/21
9/21
10/14
10/21
1995
7/7
RECEIPTS OF PRINCIPAL
PNC Bank, N.A. -checking account #5140448926
PNC Bank, N.A. - savings account #5130380139
PNC Bank, N.A. - certificate of deposit
#1773160094679
PNC Bank, N,A. - certificate of deposit
#1773160109513
PNC Bank, N,A. - certificate of deposit
#1773160109537
PNC Bank, N,A. - certificate of deposit
#1773160120484
PNC Bank, N.A. - certificate of deposit
#1773160140554
PNC Bank, N.A. - certificate of deposit
#1773160152396
Residence at 729 Petersburg Road, South
Middleton Township, appraised value
1963 Pontiac Catalina station wagon, appraised
value
Personal property, appraised value
Cash
Pennsylvania National Insurance Company, claim
for fence damage
state Farm Insurance, car insurance refund
Total Receipts of principal
2
27,520,88
74,971.22
10,047.66
10,000.00
10,142.68
40,797.81
10,065.16
20,318.36
190,000.00
300.00
810.00
1,947.00
1,001.00
108.52
398,030.29
"'
PRINCIPAL CONVERSIONS TO CASH
1994 Gain Loss
10/27 PNC Bank, N,A, -
checking account
#5140448926
Proceeds 27,572,63
Account Value 27.520,88 51. 75
1995
6/5 PNC Bank, N.A, -
certificate of deposit
#1773160094679
Proceeds 10,169.73
Account Value 10.047.66 122,07
6/5 PNC Bank, N.A. -
certificate of deposit
#1773160109513
Proceeds 10,112,19
Account Value 10.000.00 112.19
6/5 PNC Bank, N.A. -
certificate of deposit
#1773160109537
Proceeds 10,080.55
Account Value 10.142.68 62.13
6/5 PNC Bank, N.A. -
certificate of deposit
#1773160120484
Proceeds 41,279.00
Account Value 40.797.81 481.19
6/5 PNC Bank, N.A. -
certificate of deposit
#1773160140554
Proceeds 10,195.62
Account Value 10.065.16 130.46
6/5 PNC Bank, N.A. -
certificate of deposit
#1773160152396
Proceeds 20,155.34 ,
Account Value 20.318,36 163.02
,).
3
, .
8/18 PNC Bank, N,A. -
savings account
#5130380139
1994
10/14
10/14
10/14
10/14
10/26
11/9
11/9
11/9
11/9
11/9
11/14
11/22
11/22
11/25
12/6
12/6
12/6
12/16
Proceeds
Account Value
Net Gain on Conversions
75,947.81
74.971.22
976.59
1,649.10
DISBURSEMENTS OF PRINCIPAL
State Farm Insurance, car insurance
Metropolitan-Edison Company, electricity to
9/29/94
Westminster Cemetery, Inc., inscribe grave
marker
United of PA, telephone to 10/31/94
HOffman-Roth Funeral Home, funeral
Metropolitan-Edison Company, electricity 9/29
to 10/28/94
Christopher Automotive, invoice
William R, and Geraldine Ronan, reimburse for
Westminster Cemetery
Roy D. Gottshall, appraisal of personal
property
Orrstown Bank, charge for checks
Landis, Black & Schorpp, costs advanced to date
Chester Raudabaugh, plumbing repairs
United of PA, telephone 10/31 to 11/30/94
Geraldine Ronan, reimburse for Wayne Noss
Flowers
Register of Wills, on account, Pennsylvania
Inheritance Tax
Arnold Fuel Oil, invoice
United of PA, telephone 11/30 to 12/31/94
Metropolitan-Edison Company, electricity 10/28
to 11/30/94
4
155.03
38.09
150.00
21. 95
5,178.00
35.05
51. 74
650.00
45.00
5.97
333.00
39.25
17.72
45.05
38,000.00
186.13
18.25
50,91
12/21
12/22
1995
1/24
1/24
2/7
2/7
2/7
2/20
3/10
3/10
3/10
3/24
3/24
3/24
4/18
4/18
5/11
5/11
5/11
5/30
6/13
6/13
Register of Wills, on account, Pennsylvania
Inheritance Tax
Diversified Appraisal, real estate appraisal
Metropolitan-Edison Company, electricity
12/1/94 to 1/3/95
United of PA, telephone 1/1 to 1/31/95
Arnold Fuel oil, invoice
Metropolitan-Edison Company, electricity 1/3 to
1/31/95
United of PA, telephone 2/1 to 2/28/95
Register of Wills, balance, Pennsylvania
Inheritance Tax
Robert C, cairns, real estate taxes
United of PA, telephone 3/1 to 3/31/95
Metropolitan-Edison Company, electricity 1/31
to 3/1/95
Pennsylvania Department of Revenue, 1994 state
income tax
state Farm Insurance, car insurance
Internal Revenue Service, 1994 federal income
tax
United of PA, telephone 4/1 to 4/30/95
Metropolitan-Edison Company, electricity 3/1 to
3/31/95
Metropolitan-Edison Company, electricity 4/1 to
5/1/95
United of PA, telephone 5/1 to 5/31/95
Arnold Fuel Oil, invoice
Three Springs Practice, opinion letter
Metropolitan-Edison Company, electricity 5/1 to
6/1/95
united of PA, telephone 6/1 to 6/30/95
5
9,000.00
300.00
54.99
18,05
323.60
45.45
18,05
5,029.19
225,96
18.32
47.11
37.00
155.03
283.00
18.28
50.75
38.64
18.36
283.37
50.00
44.86
18.20
6/13
7/14
7/14
7/14
8/17
8/17
8/17
RESERVED:
1994
10/14
10/14
10/28
11/18
11/30
12/19
12/20
1995
1/20
Cumberland Crossings, unpaid and unreimbursed
account
Arnold Fuel Oil, invoice
Metropolitan-Edison Company, electricity 6/1 to
6/29/95
United of PA, telephone 7/1 to 7/31/95
Metropolitan-Edison Company, electricity 6/29
to 7/31/95
United of PA, telephone 8/1 to 8/31/95
PA Department of Revenue, 1994 income tax
adjustment
Landis, Black & Schorpp, costs advanced
11/14/94 to date
Landis, Black & SChorpp, attorneys fees
Clos~ng and filing releases
Total Disbursements of Principal
RECEIPTS OF INCOME
PNC Bank, N.A., interest, certificate of
deposit #1773160109537
PNC Bank, N,A., interest, certificate of
deposit #1773160152396
D. Clinton Sauder, farm rent
Orrstown Bank, interest, estate checking
account #403784
Apartment rent
Apartment rent
Orrstown Bank, interest, estate checking
account #403784
Orrstown Bank, interest, estate checking
account #403784
6
9,935,19
73.73
43.44
18.24
56.79
18,28
19,47
86.48
14,938.00
350.00
86,638.97
155,42
350.96
1,800.00
43.11
225.00
225.00
60.54
30.06
: ~
,
. ,
i j
I ~,
.~
1/25 PNC Bank, N.A. , interest, certificate of 178,96
deposit #1773160140554
2/6 PNC Bank, N.A. , interest, certificate of 178,96
deposit #1773160094679
2/20 Orrstown Bank, interest, estate checking 25,23
account #403784
3/20 Orrstown Bank, interest, estate checking 16,75
account #403784
3/27 PNC Bank, N.A. , interest, certificate of 183,48
deposit #1773160109513
3/27 PNC Bank, N.A. , interest, certificate of 748.56
deposit #1773160120484
4/18 PNC Bank, N.A. , interest, certificate of 211.92
deposit #1773160109537
4/18 PNC Bank, N.A. , interest, certificate of 468,71
deposit #1773160152396
4/20 Orrstown Bank, interest, estate checking 16.79
account #403784
5/19 Orrstown Bank, interest, estate checking 17.77
account #403784
6/20 Orrstown Bank, interest, estate checking 20,68
account #403784
7/20 Orrstown Bank, interest, estate checking 21. 25
account #403784
8/18 Orrstown Bank, interest, estate. checking 21. 89
account #403784
Total Receipts of Income 5,001.04
DISBURSEMENTS OF INCOME
1994 None 0.00
,
1995
Total Disbursements of Income 0.00
7
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
William R, Ronan and Geraldine L. Ronan, being duly sworn
according to law, deposes and says that the Account as stated is
true and correct, and that the Grant of Letters Testamentary and
the first complete advertisement thereof occurred more than four
(4) months before the filing of the Account.
.1-1. //.:.. -1 fAJr;;p-.~1
William R. Ronan
~~~~.
~eraldine L. Ronan
Sworn and sUbscrib~o before
j{) y/'< day of ift Jl1:1=
me this
, 1995
No ary Public
NOTAAlAl SEAL
SUSAN K. GUYER, NolalY Public
carlisle, Cumberlarnl Counly
Mv Commission Elilllres Sept. 4, 1995
9
'r.
1
2
SOUTH MIDDLETON TOWNSHIP
ZONING HEARING BOARD
BOILING SPR1NGS, PENNSYLVANIA
~---
1
3 IN RE: Hearing on application of William R. and Geraldine
Ronan, Docket Number 97-32
4
5
6
7
TRANSCRIPT OF PROCEEDINGS
8
Before:
PAUL HEISHMAN, Acting Chairman
A, LARRY BREAM, Member
9
HUBERT X. GILROY, Solicitor
10
TIMOTHY D. DUERR, zoning Officer
11
Date:
November 3, 1997, 5:25 p.m.
12
Place:
South Middleton Township Municipal
Building
520 Park Drive
Boiling Springs, pennsylvania
..
13
14
15
16
ORIGINAL
17
APPEARANCES:
18
19
SCHORPP & BLACK
BY: EDWARD L. SCHORPP, ESQUIRE
FOR - APPELLANTS
20
21
ECKERT, SEAMANS, CHERIN & MELLOTT, LLC
BY: RONALD M. LUCAS, ESQUIRE
FOR - PROTESTANTS
22
24
Amy R. Moore, R.P.R
Court Reporter-Notary Public
.,
"..;\
:':,:'
,i,
23
','E
\J
25
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
2
--
1
INDEX TO 'rES'l'IMONY
2
WITNESSED
DIRECT
CROSS
REDIRECT
RECROSS
3
Tim stout
13
17
4
Tim Duerr
19
20/24
26/28
5
Geraldine Ronan
35
6
7
8
9
TOWNSHIP EXHIBITS
10
NO.
DESCRIPTION
PAGE
11
1
Letter to William Ronan from Timothy
Duerr dtd 7/21/97
3
12
2
Letter to Tim stout from Attorney
Schorpp dtd 2/24/97
16
1;0. ~...
f.'''''1
..'J.
13
14
15
16
17
APPELLANT EXHIBITS
18
NO.
DESCRIPTION
PAGE
19
1
Rent receipts book
39
20
2
Rent receipts book
39
21
3
Advertising bills with attached
checks
39
22
4
Electric bills
53
23
24
~ 25
C.P,C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
"
3
~
1
PRO C E E DIN G S
2
MR. GILROY: Now we have the Ronan case.
3
For the record, Mr. Heyman will not partake in
4
any discussion, questioning or deliberations involved in
5
this case, and you can go home for dinner or stick around.
6
Our second case is the application of William R.
7 And Geraldine Ronan at Docket Number 97-32. this is an
8 appeal from the determination of the zoning officer. And
9 maybe for the record we'll mark right up front the zoning
10 officer's determination, since that's what's being appealed
11 from, as an exhibit.
12 This is a July 21, 1997 letter to Mr. William
...tot,
1. )
''''f.'!4'
Ronan from Timothy D. Duerr, zoning and codes enforcement
13
14 officer for the township. We'll mark this as Township
15 Exhibit Number 1.
16 (Township Exhibit No.1 was marked.)
17
MR. GILROY: Now, just so we have it right,
18 Mr. Duerr, you're here representing the township, correct?
19
MR. DUERR: Correct.
20
MR. GILROY: And there is no specific attorney
21 here on behalf of the township. Is that right?
22
MR. DUERR: That's right.
23
MR. GILROY: Mr. Schorpp, you're here for the
24 appellant, Do you want, for the record, to enter an
---.)
25
appearance?
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
"1
, .,
,
;'
~;,
I
I
-.-.:.~:...
\
,
I
1\
--
1
MR, SCHORPP: I would enter my appearance, and I
2 would also like to address the makeup of the board at this
3 time, please.
4
MR. GILROY: Okay. Well, why don't you enter an
5 appearance first. Give us your full name and address,
6
MR, SCHORPP: My name is Edward L. SchorpPi 127
7 West High street, Carlisle, Pennsylvania. Please enter my
8 appearance on behalf of the appellants, Mr. and Mrs.
9 William Ronan.
10
MR, GILROY: Let's get everybody in the case
11 before we start discussing procedural stuff.
12 Mr. Lucas, you're here also?
~..".
". '.
t~'.~~t.
13
MR. LUCAS: Yes.
14
MR. GILROY: And you want to formally enter an
15 appearance?
16
MR. LUCAS: Yes. Ronald M, Lucas with Eckert,
20
Mr. Rickert resides at 726 petersburg Road; the
r
I
f
'I
I
~
\
\~
.,
. ,
! !
17
Seamans, Cherin & Mellott. The address is 213 Market
18
Street, Harrisburg. I'm here representing Terry Rickert
19
and Maxine and Kenneth Wetzel,
21
Wetzels, 740 Petersburg Road. They are the property owners
22
across Petersburg Road from the property that's the subject
..
t;
24
MR. GILROY: Is there anyone out there that
I,
'i
I,
\
23
of this appeal.
(J
25
we've missed?
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
,
I
r
..
I. ..~
5
--
1
Now, Mr. Schorpp, you had a procedural issue you
2 wanted to address?
3
MR. SCHORPP: It is my understanding the board
4 is composed of three members with alternates who sit from
5 time to time. Is that correct?
6
MR. GILROY: That's right.
7
MR. SCHORPP: And we must have an alternate
8 sitting this evening?
9
MR. GILROY: Mr. Heishman is an alternate. I'm
10 sorry. Mr. Heyman is the alternate.
11
MR. SCHORPP: In view of the absence of
12 Mr. otto, who, I believe, is the regular member?
f~'~J
13
MR. GILROY: Yes.
14
MR. SCHORPP: Since my clients are the
18
appellants, if there would be a tie vote in this matter, it
is my understanding in the law that that would not move in
favor of their appeal. Therefore, they are asking that the
board continue the hearing at this time until such time as
there is a fully constituted board to hear the case.
15
16
17
19
20
MR. GILROY: Mr. Lucas, do you have a position,
21 since you've entered an appearance?
22
MR. LUCAS: Yes. Two members present are both
23 regular members of the board. And I agree with
24 Mr. Schorpp, that if there is a tie vote and the status quo
I.""J
25
remains, they would not be successful, that the zoning
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
6
~
1
officer's determination would apply.
2
However, I don't see any reason to continue the
3 hearing just because there's two members. It's not
4 uncommon not to have a full board at a zoning hearing. I
5 guess it's up to the board to decide what to do.
6 I mean, often boards only have two out of three
7 members present, for whatever reason, or one member has to
8 disqualify themselves. And some boards don't always have
9 alternates. An alternate is only needed to achieve a
10 quorum. So the NPC envisions that if you have a
11 three-member board and one member recuses himself, that you
12 don't bring the alternate in because you have a quorum. So
o
13
the board has a quorum.
14 I think we can proceed, if the board desires so.
15 If everybody is here, we can go ahead rather than have
16 everybOdy have to come back again.
17
MR. SCHORPP: The NPC also provides for more
18 than one alternate. In this case, we are still sitting
19 with one empty seat.
20
MR. LUCAS: My understanding of the NPC is the
21 alternates are only to sit if to achieve a quorum. So I
22 think -- even though I don't think that is what everybody
23 envisioned, I think that's been the interpretation. So
o
24 even if you had another alternate, the alternate wouldn't
25
necessarily be required for the hearing because there would
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
7
~
1
still be two members. So even if we had a second
2 alternate, I don't think it would make any difference.
3 They could sit, but they wouldn't be able to vote. So I
4 think it's up to the board.
5
MR. GILROY: Mr. Schorpp, do you have a position
6 on whether the board can proceed with two members? I mean,
7 whether it's advisable.
8
MR. SCHORPP: I would say that it is probably
9 legally permissible. The only prejudice that can result
10 from a continuance would accrue to my clients and to no
11 other party here this evening. And, therefore, we think in
12 all fairness since they would be the ones prejudiced by a
~',~)
13
continuance because of the time delay of getting to the
14
merits of their case, we think in fairness to them, if
15
they're willing to waive the time limitation in return for
16
having their case heard by a full board, we think that's
,
,
il
17 the fair decision to make.
18
MR. GILROY: The other option is to proceed with
19 the testimony and have the testimony transcribed and ask
20 Mr. otto to review that and participate in deliberations
21 and the decision also. I'm just throwing that out there as
22
a possibility since everybody is here, rather than coming
~
.J
,
I
23 back on the 9th. I believe that would just involve some
24 cost in preparing the transcript for Mr. otto to review.
~
25
MR. SCHORPP: We would also expect that there
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
: r,
.'...;
9
~
is being used in violation of your stated directive, or has
2
the directive been complied with?
3
MR. DUERR: To the best of my understanding,
4 it's still being used in violation.
5
THE CHAIRMAN: Is still being used in violation?
6
MR. GILROY: Alleged violation.
7
THE CHAIRMAN: In violation of his
8 determination?
9
MR. GILROY: Right. So the status quo is the
10 existing situation with Mr. Duerr's telling them to stop
11 and they've appealed his request or his directive to stop.
12
MR. SCHORPP: I'd like to add that my clients
c)
. ":...,.
13
have refrained from renting one of the units pending this
14 determination. The other one was already rented at the
15 time the determination by the zoning officer was issued.
16
MR. LUCAS: And if I could, if it's being
17 continued in violation with the owner not living there and
18 not having attained a conditional use approval for one
19 apartment, then it's in violation and prejUdice is to the
20 township, and they are getting the benefit of continued
21 use.
22 The fact that they rented it in violation,
23
rented it previously in violation of the ordinance, is not
r
I
I
I
24
a hardship for them; that's their fault. They didn't come
u
25
in and get the approval previously.
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
10
--
1
So in that case, they shouldn't be granted a
2 continuance and we should proceed. Otherwise, they're
3 getting the benefit of continued alleged violation of the
4 ordinance of the zoning officer. If they had come in and
5 said, okay, we'll vacate the premises, we won't use it
6 while this appeal is going on, that would be different.
7 But they're continuing to use it to their benefit.
8
THE CHAIRMAN: That was really the root of my
9 question. I think it's been the practice of this board
10 while I've been a member to try and reach a consensus, and
11 I think that maybe has happened in every case.
12
MR. GILROY: I've never seen a tie vote. I
'.'''''~
C"'lf
13
don't know when I've last seen a dissent, to tell you the
14 truth.
15 So based upon prior experience, you're saying
16 the likelihood of a tie vote is remote but that doesn't
17 mean it's impossible?
18
THE CHAIRMAN: Right. If we were to reach a
22
MR. GILROY: Well, I wouldn't suggest that we
I
,
I
I
\~
n
,
f
I
!
I
19
point where we have differing viewpoints, your opinion is
20
that Mr. otto could then review the transcript and cast a
21
tie-breaking vote?
23
have deliberations and make a determination if there is
24
going to be a tie vote because you would have to cast your
u
25
vote. I'd suggest that you do one of two; if you're going
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
\
,
'~""'''''
~
o
14
15
16
17
18
19
20
21
22
23
24
t)
25
1 1
1
to proceed, then you could proceed and have the record
2 transcribed and give Mr. otto an opportunity to vote upon
3 review of the record, but if he's not available, you could
4 still go ahead and just -- if you would then be prepared to
5
vote, just the two of you, without his input.
I'
,
6
THE CHAIRMAN: Given that it's at least
"
I
,
, ,
, j
, \
I
I
~
7
Mr. Duerr's opinion that there's a violation and any delay
8
would be to allow that violation to continue, I would be
9
inclined that we hold the hearing this evening.
10
MR. BREAM: Okay.
1 1
MR. GILROY: Okay. Mr. Schorpp, your position
12
and objection is noted, but the board is determined that it
13
..l
j
will proceed.
Mr. Duerr, you are here without counsel for the
')
\
,
I
township, but you, no doubt, have a lot of time to watch
lawyers work. So we'll rely upon you to proceed with
testimony in fashion, and if you need any help, I'm sure
,
,
i, '
If
II
I'
Ii
I!
: ~
\
\~
n
we'll help you along. First we need to have you sworn in.
TIMOTHY D. DUERR, called as a witness, being
duly sworn, was examined and testified as follows:
MR. GILROY: Mr. Duerr, for the record, can you
state your full name and business address and position
'i
within the township?
I,
"
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
i,
I
,
I
~/ \ r
,
1"-"
13
4
MR. LUCAS: Yes.
MR. GILROY: So you want to turn the matter over
to Mr. stout?
MR. DUERR: Just for this particular question.
MR. GILROY: We're going to have you sworn in,
~ 1
2
3
5
6 sir.
7
8 TIMOTHY STOUT, called as a witness, being duly
9 sworn, was examined and testified as follows:
10
11
MR. GILROY: Mr. stout, can you state your full
12 name, business address and business affiliation with South
(~
-,-"'<t"'.
13
Middleton Township?
14
MR. STOUT: John T. stout; 520 Park Drive,
15 Boiling Springs, pennsylvania, assistant code enforcement
16 officer of South Middleton.
17
MR. GILROY: Mr. Duerr?
18 DIRECT EXAMINATION
19 BY MR. DUERR:
20
Q.
Mr. stout, the question I'm going to ask you is
21 how did you come about finding out there was more than
22 several apartment uses at the address of 729 petersburg
23 Road?
24
A.
I'm not sure of the exact date, but whenever BFI
,
"-"
25
took over for the trash and recycling in South Middleton
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
--
,...:t.,
c~,.~,
15
1
units there; his son was living in one and somebody else
2 was living in another one. He didn't mention a name; it
3 didn't matter. I said if that's the case, you need two
4 separate services for two different bills. You have two
5 different methods, whether it be two tag services or two
6 toter services that South Middleton has.
7 He told me that he was buying tags and selling
8 the tags to those units, that they didn't generate a whole
9 lot of trash. I said that's not the way the system works;
10 they have to have their own service. So I told him with
11 this large bill that he was credited with or had generated,
12 I said I'll try and get BFI to null and void that, void it
13
out; if we start from day one -- I'm not sure of the exact
14
date
with one toter, even though it wasn't in full
15 compliance, just to make sure they got service because they
16 didn't generate a whole lot, share one toter with two
17 units. We both agreed to that.
18
And then through that course, I got a letter
19 from his attorney, Mr. Schorpp, which Tim has there. They
20 wanted a refund on the tags. And in a periOd of time in
21 two years, they said it was vacant. In that course, I had
22 turned it over to Tim, as well, knowing that two units are
23 not permissible in the agricultural zoning.
24
u
25
.,';,. ""
MR. GILROY: Hold on a second. I'll mark what's
been presented as a February 24th, 1997 letter to Mr. stout
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
17
~
1
MR. GILROY: Hold on. SInce he's the townshIp's
2 witness, we should -- I assume you're going to have
3 additional testimony?
4
MR. DUERR: Yes.
5
MR. GILROY: Why don't we resolve this witness
6 in case he wants to leave.
14
MR. SCHORPP:
I have no questions.
7 Do you gentlemen have any preconceived ideas in
8 how you want to go in order here?
9
MR. SCHORPP: Whatever is the board's
10 preference.
11
MR. GILROY: You're the appellant, why don't you
12 go first, and then Mr. Lucas can go. We'll give you wide
',';;"'\
( ,.,17
13
latitude in follow-up, however you like.
15
MR. GILROY:
Mr. Lucas, any questions for this
16
witness?
,
,
,
17 CROSS-EXAMINATION
18 BY MR. LUCAS:
19
Q.
Just to clarify, did Mr. Ronan say he had two; a
20 son and another apartment there? He did noL indicate that
22
A.
That's correct.
21 he was living there?
23
MR. LUCAS: No further questions.
24
MR. GILROY: Do you have any questions
u
25
additional?
I
.1
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
22
~
1
nppllcnntn, you Indicated previous -- and I quote -- the
2 prov!oun -- Ilocond pnragraph, first page: The previous
J ownur l\IId occnlltonlllly rented one apartment while living
4 lhuro hornolf. On what did you base that statement?
5
A.
6
Q.
7
A.
u
Q.
NoLghbors.
And who were the neighbors?
Mr. Rickert.
Now, in your investigation of this matter, did
9 you make a physical inspection of the premises?
10
A.
Drive-by, yes. We drove by it. I drive by it
11 every day of the week.
12
Q.
three mailboxes in front of the premises?
.....;....
(",'
13
14
A.
15
Q.
When you drove by, did you happen to notice
I can't recall, no.
Did you happen to notice whether or not there
16 was more than one electric meter service at the premises?
17
A.
18
Q.
19
20
No.
Did you go inside the premises?
A.
No, I did not.
Q.
So you don't know whether or not the premises
21 has three separate units within three separate entrances?
22
23
A.
No, I do not.
Q.
And you don't know whether or not the separate
24 units have separate locks with different keys?
u
25
A.
No.
r
,
I
l'
I
H
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
~
~
(~~
u
.'
24
1
A.
That's correct.
2
MR. SCIIORPP: Thank you. That's all I have.
3
MR. GILROY: Mr. Lucas?
4 CROSS-EXAMINATION
5 BY MR. LUCAS:
6
Q.
Mr. Duerr, does the township maintain a file of
7 nonconforming uses?
8
A.
Yes, they do.
9
Q.
And that's the file you said you review?
10
A.
That's correct.
1 1
Q.
And was there any nonconforming use certificate
12 for any nonconforming use of this property?
13
A.
No, there was not.
14
Q.
You said that there was no proof of any
15 additional addresses to this property. If somebody has an
16 apartment or establishes an apartment or apartment
17 bUilding, they come into the township to get a second
18 address assigned for that apartment?
19
A.
The township issues all the addresses, yes.
20
Q.
And that was not done in this case?
21
A.
No.
22
Q.
The information from Mr. stout, if there was an
23 apartment there under the township's solid waste plan
24 disposal program, there would be a second charge or
25
different charge for each apartment?
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
25
6
A. No.
t';
, ,
t,
I'
1'1
'I '~:
, ,
U
:Ef
(
I
.~
1
A. That's corroct.
2
Q. Did you receIve any communicatIon from Mr. I~onan
3
of any intention to use thIs property after his acquisition
r1
of the property? Did he come in and send you any letter
5
saying this is what I intend to do with the property?
7
Q.
Did Mr. and Mrs. Ronan -- or did that include
i
,.
'.
8
Mr. or Mrs. Ronan?
12
A.
No.
9
A.
Either one.
10
Q.
Did Mr. and Mrs. Ronan apply for any particular
11 use of this property once they acquired it?
J
,""'\
\.,.~J
13
Q.
Did Mr. and Mrs. Ronan, through their attorney,
15
refund because the property had been vacant for over two
')
,\
,
I
14
Mr. Schorpp, send any letter except the letter requesting a
16
years?
j
17
A.
No.
18
Q.
When you send out a determination, if someone
21
A.
If somebody comes in with information,
19 came in with the information, would that resolve the matter
20 to show a permit or justification?
22 justification, I certainly review it and take it into
23 consideration. And sometimes if they would bring in, like,
24 a permit or a conditional use, I would revoke my
'0
25
determination letter.
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
26
~
1
Q.
Is it unusual for any of the township
2 supervisors to ever investigate zoning matters?
3
A.
No.
4
Q.
Is that pretty common?
5
A.
Yes.
6
Q.
In fact, is that where citizen complaints more
7 often come, to the supervisors and not to you?
8
A.
Very often, yes.
9
MR. LUCAS: No further questions.
10
MR. GILROY: Mr. Schorpp?
11 RECROSS EXAMINATION
12 BY MR. SCHORPP:
.~t'..
(., )
Does the township recognize a nonconforming use
13
Q.
14 status of properties that have not been registered by the
15 township by action of the owner?
16
MR. LUCAS: Objection. I don't think I
17 understand that question. I don't know if it's asking for
18 a legal conclusion or --
19
MR. GILROY: As I understand, the question is,
20 are there other properties out there that are nonconforming
21 but don't have registered nonconformance certificates.
22 MR. LUCAS: I guess the question would be, what
23 is meant by recognized? If somebody comes in and
24 establishes they have a nonconforming use and the township
v
issues a certificate or that the township knows they're out
25
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
28
~
1
Q.
And that proof is submitted to you and you make
2 the determination?
3
A.
Correct.
4
MR. SCHORPP: Thank you.
5
MR. GILROY: Mr. Lucas, anything else?
6 RECROSS EXAMINATION
7 BY MR. LUCAS:
8
Q.
Mr. Duerr, in this case, your enforcement letter
9 talked about the prior owner living there herself, previous
10 owner living there, and occasionally renting out one
11 apartment. The information that was supplied by Mr. Ronan
(~)
~-"'"
12 to Mr. Stout was that he's the owner, was not living there,
13
but, in fact, renting out two apartments, correct?
14
A.
That's correct.
15
Q.
Does that seem to you to be the same thing as
16
the owner living there and renting out an apartment as
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
i
. j
I
I
I
t
t
:f
It.'.,,;.'.,
~;~r
.'
I' (<if
[
1','/1
.},.-
~ . "
',"l'
ll~"
,(".:;.
I".,;
'I",'"
'<-'"
',~
~:'),~\
17
opposed to the owner renting out two apartments?
18
A. No. It's not the same thing.
19
Q. Is a two-apartment or three-apartment building
20
permitted in this agriculture district of the township?
21
A. No, it is not.
22
Q. There is a use for, a conditional use in an
23
agricultural district, for an owner to have one accessory
24
apartment. You talked about that?
o
25
A. Yes.
29
--
1
MR. LUCAS: No further questions.
2
MR. GILROY: Mr. Duerr, to try and make it
3 clear, your enforcement letter suggests that there are
4 three apartments at the subject property. Is that what the
5 township's position is?
6
MR. DUERR: Yes.
7
MR. GILROY: And that three apartments on a
8 particular parcel of land such as this is not an allowed
9 use in that zoning district. What is the zoning district?
10
MR. DUERR: Agricultural.
11
MR. GILROY: And your information is that the
12 three apartments, at least from Mr. Schorpp's letter, were
("';'
',' )
13
vacant for a period of at least two years?
14
MR. DUERR: That's correct.
15
MR. GILROY: And was your determination letter,
16 Township Exhibit Number 1, issued based upon the vacancy of
17 the apartments for two years?
18
MR. DUERR: That was part of the reason. The
19 other part of the reason was that prior to that vacancy,
20 the owner had lived there; and after that vacancy, there
21 was testimony there were at least two apartments, of which
22 neither of them had the owner living there.
23
MR. GILROY: I want to try and pin this down so
~
24 the board knows what the issue is. Is it the township's
25
position that this is a three-unit apartment building
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
30
~
1
that's a nonconformIng use, or is it the township's
2 position that this is an accessory apartment, onc accessory
"
3
apartment that would be a nonconforming usc?
4
MR. DUERR: At most, yes, one accessory
/~
)1
)
I
5 apartment under the ordinance with the owner living in the
6 other apartment; actually the owner living in the principal
7 house.
8
9
MR. GILROY: So the township has no information
that there was actually three separate dwelling units at
l
10 the property?
11
MR. DUERR: No.
12
MR. GILROY: And whether it was a three-unit
()
13
apartment or two-unit, which would be an accessory
14
apartment with the owner living there, which is different
1
.fi
,
1
15 under the ordinance than just two apartment buildings, the
16
township's position is whatever nonconformance it was, it
j
,
17 was vacated for two years and thus abandoned?
18
MR. DUERR: That's correct.
19
MR. GILROY: Does the board have any questions?
i .
t
r
[.'
,
J.'~
20
THE CHAIRMAN: I just want to clarify the dates
21
that all this has happerled. When did Mr. Ronan acquire the
22
property?
23
MR. DUERR: I'm not sure of the exact date.
24
THE CHAIRMAN: And I think when Mr. stout began
u
25
testifying, he referenced it to when BFI took over the
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
~
a
19
20
21
22
23
24
.t.>
25
31
1
trash program. Do you have an approximate time frame for
2 that? Did that occur within 1994?
3
MR. DUERR: It didn't happen immediately after
4 that. I believe it happened -- this Occurred within this
5 year, if I'm correct, because a letter was issued in
6 February. So maybe the very end of last year we might have
7 began looking into this matter.
8
THE CHAIRMAN: You're not sure exactly when the
9
Ronan's acquired the property?
10
MR. DUERR: No, I'm not.
,
11
THE CHAIRMAN: And just to clarify, again, if
12 the previous owner had occupied the property and had one
13
additional apartment, that would be permissible as a
14
conditional use under the current ordinance and would not
)
I
,
I
15
necessarily be a nonconforming use, but Occupancy by two
16 apartments, neither of which is occupied by the owner,
17
would then be a nonconforming use and that would be a new
"
;\
i
I
" I
(
I
\
r
\
I,
iI
18
nonconforming use, as I understand it?
MR. GILROY: Let me -- if they don't have a
conditional use permit, it's nonconforming. So either way
it's nonconforming, whether it's an accessory apartment
or-- an accessory apartment without a permit is
nonconforming. Two apartments that don't have a family
1']
living there I guess would not be an accessory, and three
, \')
, 'i
would be nonconforming, unless these two gentlemen disagree
I:
I
i
l~\
r ,;-;,
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
\
~
10
32
1
with that interpretation.
2
MR. SCHORPP: If I may, the issue that we are
3 presenting to the board this evening docs not involve
4 whether or not the applicants have conditional use approval
5 for an owner-occupied property with one accessory
6 apartment. If I may, I'd like to direct one more question
7 to Mr. Duerr.
8
MR. GILROY: Go ahead, Mr. Schorpp.
9 BY MR. SCHORPP:
Q.
Mr. Duerr, do you know when, for the first time,
11 South Middleton Township allowed the owner occupied
12 residents with an accessory apartment in that geographic
.:....
C)
,'-
13
14
location as a conditional use?
A.
As part of the 1985 zoning ordinance. The exact
15 date of that -- actually it was approved February of 1984.
16
17
MR. SCHORPP: Thank you.
MR. GILROY: Mr. Lucas, do you have any
18 questions?
19
20
21
22
23
24
'-.J 25
MR. LUCAS: No.
MR. GILROY: Do you have any further testimony?
MR. DUERR: No, I do not.
MR. GILROY: Any further witnesses?
MR. DUERR: No.
MR. GILROY: We have Township Exhibit 1 and 2.
Is there any objection from Mr. Schorpp to the admission of
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
.R.
33
~
1
T-1 and T-2?
2
MR. SCIlORPP: No.
3
MR. LUCAS: No.
4
MR. GILROY: They are admitted into the record.
5 Now, Mr. Schorpp, I tend to disagree with you
6 when you said you thought the neighbors needed to proceed
7 with their burden.
8
MR. SCHORPP: The law, as we understand it, is
9 that those opposing the continuance of a nonconforming use
10 status because it has been abandoned have the burden of
11 proof.
12
MR. LUCAS: I don't think __
:',)
13
MR. GILROY: I don't think it's been proven that
14 there's a nonconforming use status that has -- well, it's
15 been shown that there's a nonconforming use, and there's no
16 testimony saying that it predated the ordinance. And it
17 says even if it did, it's been abandoned.
18 But as I understand the record, what the board
19 has before it right now is the township saying you've got
20 an apartment out there and you don't have a permit, and
21 it's not a -- it's a nonconforming use, but it has not
22 predated the ordinance.
23
MR. SCHORPP: Well, our appeal petition states
24 that it's a nonconforming use which has not been abandoned.
u
25
That presupposes that we're going to introduce evidence to
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (000) 863-3657
-".
......". . ~ " '; .., r-.. . ..-- ':...)':
. '
I
34
I,.
.
~
1
that effect.
2
MR. GILROY: How can the protestants be expected
3
to disprove that until we've heard what the evidence is?
Is there anything in your petition that says it's been an
/,
"
,
)
~ '
4
8
MR. SCHORPP: That's correct. We don't disagree
5 apartment for a certain period of time that suggests that
6 there's-- as I understand it, it has to predate the
7 ordinance.
9 with that.
10
MR. GILROY: So there's no evidence on the
12 perspective right now, we have a nonconforming use, period.
11 record saying it predates the ordinance. So from my
'-')
...
. \":"f"!
13
MR. LUCAS: I think from our perspective, the
'I
,
\
,
I
14
use in violation of the ordinance, there's been no -- the
15
township has no record of a nonconforming use. And they're
!
16 saying even if there was such, it was abandoned. But they
17 don't even have record that there is a nonconforming use
18 there. So I think the appellant clearly has the burden of
19 proving there was a nonconforming use in existence.
20
MR. GILROY: Right. And I think we're spending
21 too much time arguing about who goes first. We're all
22 going to hear everything anyhow, I'm sure. So why don't
23 you proceed, Mr. Schorpp.
24
MR. SCHORPP: Fine. We'll call Mrs. Geraldine
v
25
Ronan.
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
,
...
36
~
1
time frame.
2
Q.
From your knowledge residing in the vicinity of
3 the property, do you know whether or not while both Mr. and
4 Mrs. Hagen were alive, they rented part or parts of the
5 property to tenants?
6
MR. LUCAS: Objection. I don't think just by
7 living in the area gives a foundation for this question. I
8 think there should be a foundation before there is any
9 question on what was rented.
10
MR. SCHORPP: I'll retract the question for now.
11 BY MR. SCHORPP:
12
Q.
Did you know Mr. and Mrs. Hagen?
,'W")
'''1 ""~
13
A.
I did.
14
Q.
Did you know them very well?
15
A.
I knew them very well.
16
Q.
How often would you speak with them?
17
A.
Daily, weekly. I traveled with Mr. Hagen to
18 work many times.
19
Q.
And from your discussions with them and your
20 observations of the property, did you come to know whether
21 or not they rented a portion or portions of the property to
22 other persons?
23
MR. LUCAS: Objection. Either this is following
24 the last question and it involves hearsay -- or, just, once
v
25
again, living in the vicinity, I don't think, is a
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
30
~
1
MR. GILROY: This is in addition to their living
2 quarters?
3
THE WITNESS: Right.
4 BY MR. SCHORPP:
5
Q.
And where did they live?
6
A.
They lived in the first floor.
12
A.
Yes.
7
Q.
Mrs. Ronan, I want to shortly get into your
8 knowledge of Mrs. Hagen during the last years of her life.
9 But before I do that, for now, do you know who was
10 appointed by the Court of Cumberland County to settle
11 Mrs. Hagen's estate?
. I::)
13
Q.
And who was that?
14
A.
My husband and I.
'1
.
,\
,
!
15
Q.
And were both of you named as executors in her
22
(Attorney Lucas perusing documents supplied by
Attorney Schorpp.)
,
i
i
i
j
I
I
!
\
\~
.
f' ,
, I
16
will ?
17
A. We were.
18
Q. In the settlement of her estate, did you have
19
full access to all of the articles and documents that were
20
in her home?
21
A. Certainly did.
24
(Mr. Duerr perusing documents supplied by
Attorney Schorpp.)
I'
1'1
:1
i
I
,
!
,
23
u
25
MR. GILROY: Do you want to mark these, Ed?
11
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (000) 863-3657
\
if"
39
~
1
MR. SCHORPP: Yes.
2
(Appellants' Exhibits Nos. 1, 2 and 3
were marked.)
3
4 BY MR. SCIIORPP:
5
Q.
Mrs. Ronan, I'm going to show you what has been
6 marked as Exhibit A-1, which appears to be a book entitled
7 rent receipts with a series of stubs inside, and ask you if
8 you can identify that, please.
9
A.
I can.
10
Q.
And what is it?
1 1
A.
They are rent receipts from apartments. The
,..-')
"..,....
12 first one is in Mr. Hagen's handwriting dated 1958.
13
MR. LUCAS: Objection. They're her
14 interpretation of what they are. I mean, they're books
15 somebody wrote in. It doesn't say what they're for, if
16 they're for what apartment or what they're for.
17
MR. SCHORPP: Well, if we allow the witness to
18 finish describing the exhibit, maybe you'll know.
19
MR. LUCAS: Well, I think she's already making
20 interpretations, and I'm going to object when she makes
21 them because there's no basis.
22
MR. GILROY: As to whether she has the ability
23 to make them?
24
MR. LUCAS: Yes. I don't know where the
, ,
U
25
foundation is that she has the ability to make what they
C.P.C.R.S @ pacourt@kns.net
(717) 250-3657 or (800) 063-3657
41
~
1
And how are you familiar with their handwriting?
Q.
2
A.
Because I was around them enough to know how one
3 wrote and how the other one wrote.
4
Q.
With your familiarity with their handwriting,
5 can you identify Exhibit A-1 for the board?
6
I can. The first entries are Mr. Hagen's, and I
A.
7 have numerous papers in the estate that show his
8 handwriting from where he worked and from where he lived
9 and all other documents.
10
Q.
From your search into the estate records that
11 you retrieved after you were appointed, can you testify to
12 the board the approximate earliest dates that you have
:'J
13
uncovered what appear to be rent receipts?
14
A.
1953, I believe, are the earliest.
15
Q.
And the book that you have in front of you is
1 6 from?
17
A.
1958. Mr. Hagen passed away in 1962. From that
18 point on, they're in Mrs. Hagen's handwriting.
19
Q.
And can you identify Exhibit A-2?
20
A.
They are definitely Mrs. Hagen's handwriting for
21 receipts.
22
MR. GILROY: Excuse me, ma'am. So there's no
23 problem, identify what it is.
24
THE WITNESS: Dollars for the apartment.
v
25
MR. GILROY: Well, it's a receipt book, again?
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
...
1
42
THE WITNESS: Right.
2 BY MR. SCHORPP:
3
4
Q.
A.
5
Q.
And they date from what period of time?
This is 1965.
And if I show you Exhibit A-3, can you tell us,
6 ma'am, if that exhibit is in the condition that you
7 acquired it?
8
A.
9
Q.
Yes, it is.
And it appears to be a series of advertising
10 bills with checks attached. Is that correct?
1 1
A.
12
Q.
<,.....'"
, )
"'1''''
Right.
And that's in the same condition that you found
13
it in the estate papers?
14
15
A.
Yes.
Q.
And would you identify for the board what that
16 exhibit contains?
17
A.
These are receipts from the Sentinel -- bills,
18 actually, and receipts with checks that she paid for the
19 advertising.
20
21 advertised?
22
Q.
And what do the receipts indicate was
A.
Well, there's a tab over this one, but it says
23 modern apartment, efficiency apartment, efficiency adult.
24 Second floor apartment, adult efficiency. Do I need to go
v
25
on?
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
..
~
1
Q.
43
No. Now, from your discussions with the lIagens
2 and your observation of the property, what do you
3 understand to be the efficiency apartment?
4
A.
5
6
Q.
A.
7
Q.
The one on the ground level.
Which would be the basement?
Yes.
And you indicated there are also advertising
8 stubs there for a second floor apartment?
9
A.
10
Q.
11 cover?
12
A.
Right.
And what period of time do those documents
'82, '83, '78, '70, '89, '90, '88, '89, '89.
()
....,.
13
Looks like from '78 until '89, '90.
14
Q.
15
A.
16
Q.
Now, you indicated that Mr. Hagen died when?
gune of 1962.
c;;r
.~r
And is it your testimony that prior to his
17 death, the property was being rented in addition to being
18 occupied by both Mr. and Mrs. Hagen?
19
A.
20
Q.
21 two?
22
A.
23
Q.
24
A
v
25
Certainly was.
And when it was rented, was there one rental or
Two.
When did Mrs. Hagen die?
September the 21st, 1994.
Q.
Prior to her death from your own personal
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 063-3657
45
~
1
basement units rcnted?
2
A.
Shc did. The socond floor, the one da y we took
3 her to the hospital, the tenant came down to pay his rent
4 for April. She said, keep your money and go find an
5 apartment somewhere else; I want you to move out. And
6 within a few days, he did.
7
Q.
And was that -- that was the second floor
8 apartment?
9
A.
Second floor.
10
Q.
And that was shortly before when?
11
A.
Before she went to the hospital, the last time
12 before she went into the nursing home from the hospital.
()
-'
13
Q.
And at that point in time, was the basement unit
14 also rented?
15
A.
There was a young girl living there who lived
16 there from time to time.
17
Q.
When Mrs. Hagen was admitted to the nursing
18 home, did you have a discussion with her about finding a
19 tenant for the one who vacated the second floor?
20
A.
We did. And she wanted to handle it herself,
23
and said just put it on hold until I get home.
MR. LUCAS: Objection.
MR. SCHORPP: It doesn't go to the truth. It's
offered as to what was said.
MR. LUCAS: As for the truth or as not, it
21
22
24
.....) 2 5
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
'~
46
~
1
doesn't mean anything.
2
MR. SCHORPP: Well, it describes her state of
3 mind.
4
MR. LUCAS: I think it's highly objectionable
5 and should be stricken.
6
MR. GILROY: Hearsay is admitted under the
7 relaxed rules of evidence. And I agree; they're not
8 offering to say what she was doing or what happened, but
9 what she intended, the state of mind of the person.
10 BY MR. SCHORPP:
1 1
Q.
From your knowledge of Mrs. Hagen through the
12 years, can you describe her in terms of being a dependent
,~
'..-)
13
person, meaning dependant on others, an independent person?
14 How would you describe her?
15
A.
She was extremely independent.
16
Q.
And from your discussions with her and your
17 observations after she was admitted to the home, did she
18 feel or express to you that she would never go home again?
19
A.
No. She thought up to the last she was going
20 home.
21
Q.
And she died --
22
A.
September the 21st, 1994.
23
Q.
When were you and Mr. Ronan appointed as
24 executors of her estate?
J
25
A.
I'm not sure of the exact date; maybe February,
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
~
1
March '94.
2
Q.
3
A.
4
Q.
5
A.
47
Appointed executor by the --
Executor, I'm sorry. When she died.
Was it in October?
October, yes, when you made the claim.
6 I was thinking power of attorney when you said
7 that.
8
Q.
And after you wer.e appointed executor -- and by
9 you, I mean you and Mr. Ronan -- were both you and
10 Mr. Ronan employed full time at that point in time?
11
A.
12
Q.
Yes, indeed.
And did you, in the course of settling the
'-j
'-...,'"
13
estate, schedule a public sale of her personal furnishings
14 and belongings?
15
A.
16
Q.
17
A.
18 date.
19
We did.
And when was the public sale?
September of '95. The 16th, I believe, is the
Q.
And is there a reason why the public sale
20 followed your appointment as executor by that period of
21
time?
22
23
24
u
A.
Oh, the duration of time?
\,
(
J
Q.
Yes.
}."..
A
Because it took us that long to get ready. My
i
I.
25
husband and I were both employed, and we had to do it in
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
~
'-j
",..".
19
20
21
22
49
1
efficiency to accommodate her and her two children, and we
2 did that. And she moved in there sometime before
3 Thanksgiving in 1994, and she was there until after the new
4 year sometime.
5 Q. Was it occupied by any other persons?
6 A. Well, our prodigal son, in a manner of speaking,
7 came home. This is the young lady who from time to time
8 lived in the efficiency, and she came home sometime after
9 the mother of the two children moved out. And she was
10 there until July of '95, and we asked her then to try and
11 find somewhere else to live so that we can move her things
12 for auction down to that level.
13
Q.
Now, had that unit been rented in a furnished
14 condi tion?
15
A. It could be termed furnished.
Q. Were there items in that unit that you wanted to
include in the sale?
A. Oh, yes.
Q. Were there any other reasons why you did not
rent the second floor during the period that you were
handling the affairs of the estate?
16
17
18
A.
We didn't feel it was in any condition to be
23 rented.
24
v
25
Q.
And by that, you mean?
A.
It was dirty; it needed painted; Mrs. Hagen had
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
50
~
1
not been upstairs, by her own admission, for two years
2 before she went to the hospital. She had no idea what
3 condition it was in. I would not have rented anything in
4 that condition.
5
Q.
So is it your testimony you wanted to renovate
6 it before you rented it?
7
A.
Right.
8
Q.
Now, you heard the earlier testimony from
9 Mr. stout and Mr. Duerr concerning a letter which I wrote
10 on your behalf to the township, and that was identified as
11 Township Exhibit Number 2. And in that letter, reference
12 was made to the statement that the property was vacant on
....,....
( )
1!"
April of 1994 through April of 1996. Is that a correct
13
14 statement?
15
No.
A.
16
Can you explain how the mistake was made in the
Q.
17 letter?
18
Yes, because I did not consider someone that we
A.
19 let live there out of charity constituting a renter or the
20
other prodigal daughter who came home as a renter.
21
Q. But you had it occupied?
22
It was occupied.
A.
23
And were these people generating trash that was
Q.
24 put out through the township trash system?
u
25
A.
No.
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
I
~
.:\
~
1
change.
2
Q.
3
A.
52
And that's per month?
Per month, yes. And the succeeding months after
(1
,I
4 August, it was in the 24, $25 range.
5
Q.
In addition to the administration of the estate,
6 did either you or Mr. Ronan suffer any setbacks that
7 interfered with your ability to have the property fully
8
occupied?
9
A. Oh, I think big time. November of '95 my
,.
I'
And did that contribute to a delay in renovating
10 husband had a heart attack. In January, he had bypass
11 surgery.
12
Q.
~=)
13
the second floor?
14
A.
15
Q.
I would say so.
,\
,
I
Now, when did you and Mr. Ronan re-rent the
16
basement unit following the departure of the lady in July
!
17 of 1995?
18
A.
The basement we rented to a war college student
19 in August of 1996.
20
Q.
And when was the main floor of the property next
21 occupied after Mrs. Hagen's death?
22
A.
23
Q.
April of 1996.
And when was the second floor next occupied
24 after her death?
v
25
A.
March of 1996.
::;
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
~
10
1
Q.
of '95?
A.
Q.
A.
Q.
A.
Q.
A.
53
So there was someone in the basement untIl July
Right.
One of the units was occupied in March of '96?
The upstairs.
The main floor in April of '96?
Yes.
And the basement unit, again, in August of '96?
Yes.
MR. GILROY: Excuse me. Did I miss something?
11 I have the basement unit rented to the war college student,
2
3
4
5
6
7
8
9
12 in--
,"~)
"-0.1"
13
14
THE WITNESS: August of '96.
MR. GILROY: And when did you say the second
15 floor was rented?
16
17
THE WITNESS: In March of '96.
MR. GILROY: So you went backwards there in your
18 testimony. March of '96, the second floor rented.
19
20
21
22
23
24
o
25
rented.
THE WITNESS: Right. It was the first one
MR. GILROY: Thank you.
(Appellants' Exhibit No.4 was marked.)
BY MR. SCHORPP:
Q. Mrs. Ronan, I'm going to show you what has been
marked Appellants' 4, which is three sheets of paper
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
~
\~
r
("
I,
l ;'.
"
1'1"
Ii
,
,
!
55
~
1
is entered there?
2
A.
3
Q.
4
A.
5
Q.
6
A.
7
Q.
8
A.
9
Q.
1960, August 17th, 1960.
And the address of the property designated?
729 Petersburg Road.
And is anything else with the address?
It says apartment A.
At the address, it says second floor?
Second floor.
So this is when the electric company is telling
10 you that the meter was installed?
1 1
A.
12
Q.
.-J........
( )
-...."-.;of
Right, for the second floor.
Now, there's a third page, and, again, the
13
install date is?
14
A.
15
16
17
18
19
20 installed?
21
22 name.
23
7/25/96.
Q.
And what is the address for that?
A.
729 petersburg Road, apartment B.
Q.
Now, does that refer to the basement unit?
A.
That's the basement.
Q.
Did you and Mr. Ronan cause this meter to be
A.
We had it reinstalled and had it put in our
Q.
During the period, the later part of Mrs.
24 Hagen's years, was the basement unit and the main floor
v
25
meter separate?
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
~
'~)
""""'"
u
1
50
A.
The right side closest to the house was her
4 use it.
5
8
9
11
12
13
bathrooms?
2 side. The left side was the tenant for the second floor.
14
A.
3 And, of course, the efficiency was all theirs; she didn't
Q.
In your knowledge of the years that you have
15
Q.
6 known this property, have any of these units been
'16 kitchens?
A.
Q.
A.
Q.
A.
Q.
A.
7 physically combined with another unit within the bUilding?
No. It wouldn't be feasible.
Q.
So from your memory, they have always been
10 separate physical units within the building?
A.
Yes.
17
18
Q.
Do each of these units have their own separate
They do.
Do each of these units have their own separate
They do.
19 property, has that been true?
Going back for as long as you've known the
20
21
22
23
Yes.
And you were in the units and observed that?
I was.
With respect to the time frame of your ownership
24 of the property and even going back to Mrs. Hagen's death,
25
did the weather have any factor in the period of time it
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
...
60
~
1
we not have cross-examination. We'll make a transcript of
2 this hearing and afford it to Mr. otto so that he can
3 appear at the next hearing, if he's available. And Mr.
4 Lucas and Mr. Schorpp, if you want copies of the
5 transcript, you can make arrangements with the
6 stenographer.
7 Does anyone right now know of a problem with
8 December 9th at 5:00?
9
MR. SCHORPP: Let me first say this, that I
10 think it's extremely unfair to allow Mr. Lucas to have a
11 transcript to prepare his cross-examination.
12
MR. RICKERT: We can stay.
::)
13
MR. GILROY: That's one of the advantages and
14 disadvantages of this. We're going to order a transcript
15 for Mr. otto, and I don't want a transcript floating around
16 unless everybody has an opportunity to review it.
17
MR. SCHORPP: We would make an objection on the
18 record to that procedure.
19
MR. GILROY: Okay.
20
MR. LUCAS: The record should note the reason
21 we're continuing this is because of Mr. Schorpp's schedule.
22 And we'll only get a transcript if we pay for one.
23
MR. GILROY: He makes the note that he's
24 objecting, but we don't see a problem with it. I don't
......J
25
think you're going to get an unfair advantage by having an
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
61
, '
I
5
6
(Discussion held off the record.)
\.
I'
I .
J,'
r
I
~, r' '
i j:
') J
H'
,.\>j
I c: i
i i
I. i
n
1
opportunity to look at the transcript. Mr. Schorpp might
2
be able to realize he missed something by looking at it and
3
add more, so that would be to his advantage, too.
4
The question is, does anybody have a problem
with December 9th?
7
MR. GILROY: Just for the record, if the board
8 decides to view the property for any reason, they'll
9 announce that they're going to do that in advance. So the
10 board won't be viewing the property between now and the
11 date of the next hearing, nor will the board have any
12 deliberations between now and then.
f)
13
(Whereupon, the hearing recessed at 6:50 p.m.)
l~
II
I' l
, ,
,~
I
I
~
\
I ~ '\
i I
. 'I"
r,..
t"
\~
'I'
'; i
~ :
14
15
16
17
18
19
20
21
22
23
24
(;
25
I,i
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
'~
64
I"'i 1
INDEX TO TESTIMONY
2
FOR APPELLANTS DIREC'l' CROSS REDIRECT RECROSS
3
Geraldine Ronan 67 77
4
Timothy Duerr 95
5
Geraldine Ronan, 134 138
6 recalled on rebuttal
7
8
FOR PROTESTANTS
9
Maxine Wetzel 98 103 106
10
Terry Reickert 107 114
11
Timothy Duerr 133
12
""',
(,.J 13
14
15
16
17
18
19
20
21
22
23
24
U 25
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (000) 863-3657
65
"'"
1
APPELLAN'I' EXlfIBI'I'S
2
NO.
DESCRIPTION
MARKED ADMITTED
3
4
1
Rent receipts book
2
Rent receipts book
5
3
Advertising bills with attached
checks
6
4
Electric bills
97
7
8
5
6
97
Copy of appraisal
69
PA inheritance tax return
76
9
7
10
Portion of S. Middleton Twp
ordinance from 1970
96
97
11
12
(.,..)
13
PROTESTANT EXHIBITS
14
NO.
DESCRIPTION
MARKED ADMITTED
15
R-1
Last will and testiment of
Mrs. Hagen
89 134
16
R-2
17
Cumberland County Register of
Wills office record
90
134
18
R-3
First and final account
90
134
19
20
TOWNSHIP EXHIBITS
21
NO.
DESCRIPTION
MARKED ADMITTED
22
1
23
Letter to William Ronan from
Timothy Duerr dtd 7/21/97
140
24
2
u
25
Letter to Tim stout from Attorney
Schorpp dtd 2/24/97
140
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
97
97
97
69
~
1
definition of multidwelling under the zoning ordinance.
2
MR. SCHORPP: 1~ilt was not my question. My
3 question was assuming that the first ordinance to prohibit
4 a multifamily dwelling at the property was enacted in
5 January of 1970.
6
MR. GILROY: '70, you're saying?
7
MR. SCHORPP: Yes.
8 Can you testify, from your knowledge, as to
9 whether or not the basement unit and the second floor unit
10 were occupied separately prior to that time?
11
THE WITNESS: Yes, they were.
12 BY MR. SCHORPP:
-~)
~.. ,.,~
13
Q.
Now, in your administration of the estate of
14 Mrs. Hagen, did you have this property appraised for
15 Pennsylvania inheritance tax purposes?
16
A.
We did.
17
Q.
And did you have the property appraised as a
18 multifamily dwelling?
19
A.
We did.
20
MR. SCHORPP: I believe we're on Appellants'
21 Exhibit 5, if I'm correct.
22 (Appellants' Exhibit No.5 was marked.)
23 BY MR. SCHORPP:
24
Q. Now, Mrs. Ronan, I'm going to show you
....)
25
Appellants' Exhibit 5 and ask you if you can identify that
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
75
~
the property reported on a Pennsylvania Inheritance Tax
2
return based upon your request that it be appraised as a
3
multifamily dwelling?
4
A.
I did.
5
Q.
And you reported it and paid Pennsylvania
6 inheritance taxes on that basis?
7
A.
We did.
8
MR. SCHORPP: I have a copy, a certified copy of
9 the first page of the Pennsylvania inheritance tax return
10 which shows that the property was reported consistent with
11 the appraisal.
12 I would like to also offer this to show that as
~)
13
far as my client is concerned, the property was reported
14 consistent with the request and taxes were paid.
15
MR. GILROY: Mr. Lucas?
16
MR. LUCAS: The only objection I have is if
17 you're trying to offer this for the fact that an appraiser
18 determined that fact. She can say she paid taxes based on
19 the amount of the appraisal.
20 BY MR. SCHORPP:
21
Q.
The appraisal that you received had a number in
22 it for the value of this property. Is that correct?
23
A.
Yes.
24
Q.
And when you signed the Pennsylvania Inheritance
v
25
Tax return, did you use that number?
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
n
2
76
A.
Yes.
Q.
I'm going to show you -- I guess this would be
3 Appellants' 6, although 5 is still subject to an objection.
4 Am I correct on that, Mr. Gilroy?
5
MR. GILROY: Yes.
6 (Appellants' Exhibit No.6 was marked.)
7 BY MR. SCHORPP:
8
Q.
I show you what has been marked as Appellants'
9 Exhibit Number 6. Can you describe that document for the
10 board, please?
1 1
12
()
13
14
Q.
A.
That's the inheritance tax return.
Q.
And that would be the first page of it?
A.
This is the first page.
And is the value reported for real estate on
15 line number 1 consistent with the appraisal?
16
A.
17
Q.
It is.
18 husband signed and filed in the estate?
And is this the return that both you and your
19
A.
20
Q.
It is.
From the time that you and your husband learned
21 that you would inherit this property, did either one of you
22 discuss any intention to abandon the three units and
23 combine them in any fashion?
24
A.
t.>
25
Q.
We did not.
:; i
,
Did you do anything to combine the three units
I ,
:, I
. .:
. ,
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
77
f'..
1
in any fashion?
2
A.
We did not.
3
Q.
When Mr. Duerr informed you that your
4 nonconforming use had been abandoned, at that time, did he
5 ask you whether you would like to try and register it as a
6 nonconforming use with the township?
7
A.
He did not.
8
MR. SCHORPP: Now I offer Mrs. Ronan for
9 cross-examination.
10
MR. GILROY: Mr. Lucas?
11 CROSS-EXAMINATION
12 BY MR. LUCAS:
(-'
,,,<,.l
13
Q.
Mrs. Ronan, you owned the property subject to
14 this appeal just solely with your husband. Is that
15 correct?
16
A.
That's correct.
17
Q.
And neither you nor your husband currently live
18 in the property. Is that correct?
19
A.
We do not.
20
Q.
The entire time you knew Mrs. Hagen, she resided
21 in the property, correct?
22
A.
Yes, she did.
23
Q.
One of your exhibits that you presented last
24 time, Exhibit A-3, what you identified as advertising bills
u
25
and checks, they were out of order. But the years you
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
(
70
r~
1
identified was 1970, '02, '83, '80, '89 and '90. Now,
2 there's a four-year gap between '70 and '02; ther0's a
3 five-year gap between '03 and '08; there's nothing after
4 1990, nothing before 1970. You don't have anything filling
5 in those gaps, do you?
6
A.
There may be. I have a clothes hamper full of
7 papers. I am not going through all of them. These are
8 what I have pulled out.
10
Q.
A.
with me.
Q.
A.
Q.
11
12
-l"'~"
( )
'.~. ,'.-.
13
At this present time, yes. This is all I have
This is all you have for the hearings, correct?
Righ t.
15 obtained from the electric company, and the third page had
16 an installation date of July 25th, 1996. Do you have
17 anything prior to that date?
18
A.
19
Q.
Yes.
For that which you're claiming is -- I think you
20 claimed that was apartment B.
21
A.
22
No, I don't have anything prior to that.
Q.
Is there anything on -- there's nothing on this
23 form that says reinstallation, is there?
24
u
25
A.
No.
Q.
It says installation?
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
~
1
2
79
A.
Yes.
Q.
So if you said reinstallation in your testimony,
3 that's not accurate with what the form states, correct?
4
A.
The electric company said that once the meter
5 has been removed, they no longer keep the records. And
6 every three years they have to reexamine the meters and
7 update. So whatever went in between was lost.
8
Q.
Well, wait a minute. The first two pages go
9 back to 1960 to 1985.
10
1 1
12
A.
~\
,
-...-"'
13
Q.
A.
Right.
14 into Cumberland Crossings you had neighbors come into the
Q.
But you don't have any record prior to 1996?
Not for the efficiency.
Now, you were saying prior to Mrs. Hagen going
15 house. What neighbors came in?
16
A.
17
Q.
18
A.
19 neighbor.
Mr. Beltzhoover, Creedon Beltzhoover.
Who else?
Well, Dr. Davis was there. He's not exactly a
20 Mrs. Janashak.
21
Q.
22
A.
23
Q.
Is there anyone else?
Not that I can think of at the moment.
I...J
24 Township Exhibit Number 2, which is the letter that
Now, you testified at the last hearing that the
25
Mr. Schorpp wrote, that that was an inaccurate statement,
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
.."
80
I.
I."'!
, \
,
,
\ "
I>
L
I",'
,
f'1
1
that, in fact, the place had been vacant for almost two
2
years. Is that what you stated at the last hearing?
4
Q.
Is that correct?
3
A. It was not an accurate statement.
5
A.
It would have been better served by other
6 terminology. But by that point, we had reached a
7 saturation with the township trash business. Just prior to
.-
8
that correspondence, I had a letter from the Credit Bureau
l
9 in Harrisburg that said my account with BFI was delinquent.
11 account and it was not delinquent, they would contact the
10 In checking with BFI, they said I not only did not have an
12 Credit Bureau and take care of it, in which they did. And
(")
'\tr~
13
they had no explanation as to why I received that letter
')
\
,
I
14
from the Credit Bureau.
15
Just prior to that, I had a certified letter
,
!
16 from Mr. stout stating that I was in violation, I, not my
17 husband and I, where we live at 759 Petersburg Road. My
18 husband came out and talked to Mr. stout, and Mr. stout's
19 explanation was that he receives a list of hundreds of
20
names, from where I'm not certain, and that he randomly
;
1
21
goes through those lists and picks out 60 names and I just
22 happened to be one of those names.
23
That, again, was in my name solely. I don't
24 think husband and wife living in the same household are
u
25
required to keep separate trash accounts.
I
r~
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
r1
1
82
Q.
And the woman, the young lady that you said was
2 in there, did she pay rent?
3
4
5
A.
Occas ionall y .
Q.
When did she live there?
A.
She lived there off and on throughout the years.
6 The last time she lived there was from the winter of '95
Q.
Of '96?
7 I don't know if she moved in in March, sometime in '95;
8 moved out in July, early July.
9
10
11
12
A.
''''')
(,..,.
13
Q.
14
A.
15
Q.
16 hearing?
17
A.
18
Q.
A.
Of '95.
Q.
Okay. How much rent did she pay?
She was supposed to pay $100 a month.
You were at the entire last hearing, correct?
')
I
,
,
I was.
Did you hear testimony of Mr. stout at the last
i
,
,
I did.
And Mr. stout said that your husband had
19 informed him that there was nobody living there.
20
A.
21 into effect.
22
Q.
23
A.
That was in 1995 when the trash ordinance went
When did this young lady __
()
24 early winter of '95; moved out in July. She did not
She moved in, like I said, Febr.uary, March,
25
participate in the trash.
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
03
I'i
1
Q.
But somebody was living there?
2
A.
Yes. She lived there.
3
Q.
So your husband is telling the township nobody
4 was there; you're saying people were living there sometimes
5 paying rent, not paying rent?
6
A.
Right. My husband said there was no one renting
7 the apartments as such.
8
Q.
Mr. stout said your husband said nobody was
9
living there.
,
10
A.
Well, as I said before, we don't count people
11 who aren't paying rent on a continuous basis as renters.
12
Q.
So your feeling was you didn't have to pay trash
J
":)
C
13
you didn't have to comply with the township ordinance if
')
I
,
I
14
you weren't collecting rent. Is that your position?
15
A.
She didn't have any trash to be collected.
16
Q. Did you check with the township of whether if
19
MR. SCHORPP: I'm going to object. I don't
(
I
i
(
I
i
~
\
\ .
,,'
17
somebody has to generate trash or whether you have to, as
18
an owner of a property, you have to register it?
20
believe there's any relevance to the township's trash
21
collection system and what her beliefs of how it operated
22 were to this hearing.
23
MR. LUCAS: I think the relevancy is the
"
"
Ij
24 credibility of this witness. Her husband goes to the
u
25
township and said nobody is living there --
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
,I....:
04
/'-\
1
MR. GILROY: I agree. If somebody is living
2 there, they have to have some trash. Credibility is an
3 issue in this case.
4
THE WITNESS: Well, perhaps they take it to
5 their church dumpster, which I understand is an accepted
6 practice in this township.
7
MR. GILROY: Might I note that it's not a
8 permitted practice.
9
THE WITNESS: Well, I don't know. If the
10 township supervisor says it's an accepted practice ...
11
MR. GILROY: Okay.
12 BY MR. LUCAS:
t"'.,
""",1
13
Q.
While Mrs. Hagen lived there, how many cars were
14
ever parked at the house?
15
A. While Mrs. Hagen lived there?
'\
,
I
17
A.
It varied. Some of her tenants each had two
P
i
16
Q.
Yes.
18 cars. She had one car, hnrself. Some of her tenants had
19 two cars, but it could have been three, four. It would
20 have been one for the basement. Most of the people living
21 there were single people, so they would have had only one
23
Q. So are you saying that there were three or four
, ~
n
I
,
;: I
"
"
22
vehicle.
24
cars there regularly?
u
25
A.
When she lived there, there could have been,
C.P.C.R.S @ pacourt@kns.net
(717) 250-3657 or (800) 863-3657
,
,
II,.....
I
t)
1
yes.
05
2 Q. Not what could have been; I'm saying what was
3 there. You said you knew that place.
4
5
6
7
8
9
10
A.
11 rented.
12
Q.
/j
.............'
13
the basement and upstairs apartments were occupied
A.
I did know that place. I would say four cars.
Q.
In the last year, how many cars had been there?
A.
In this past year?
Q.
Yes.
A.
Five.
Q.
Regularly?
Well, as regularly as you can keep an apartment
Now, you were asked today by Mr. Schorpp whether
14 separately prior to 1970, and you said yes. On what basis
15 do you have that knowledge?
16
A.
The basement was occupied in 1962. I'm aware of
17 that because my son was born and I was in and out with
18 Mrs. Hagen taking her to the hospital to visit her husband.
19 The upstairs we have documents that prove, the rent
20 receipts.
21
Q.
22 show that continuation from the '60s to the '90s?
Could you point to me the rent receipts that
23
A.
There is no rental property that is rented
,
U
24 continuously from year to year. If there's a landlord that
25
can do that, he's a genius, and I'd like to meet up with
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
86
(l
1
him. But, anyway, this goes from 1950, '64, '65, '66, '67,
2 '70, and I have other ones that go on. These were just
3 offered for an exhibit.
4
Q.
So does this say apartment here? Does it say
5
A.
Some of them do, some of them don't. They
6 weren't the best record keepers in the world.
7
Q.
So there's no question that there's no written
8 evidence of any continuous occupancy of either of those
9 apartments, correct?
10
MR. SCHORPP: I'm going to object to the
11 question. The determination made by the zoning officer in
12 this case referred to a period of time referenced in my
(")
~."I'I
13
letter, and there's been no determination that this use was
I.
I
,
I
14
abandoned sometime prior to that.
15
MR. GILROY: Mr. Schorpp, you brought up these
I'
Ii
!
16
records, and I think he can cross-examine on them.
17
MR. SCHORPP: Well, the records were brought up
18 to show the nonconforming use, not whether or not it was
19 abandoned in some previous stage that hasn't been alleged
20
by the township in their determination.
21
MR. LUCAS: I think that's the entire case.
I
~.;
n
I '
I
I'
22
They have to prove a valid nonconforming use for a
23
continuous period of time; otherwise they don't have a
24 nonconforming use.
u
25
MR. GILROY: We'll give Mr. Lucas leeway. We'll
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
~
~\
1
Q.
2
A.
3
Q.
88
And can you tell me what year they were rented?
No, I can't.
So they could have been one rented one year and
4 another rented another year?
5
A.
In my driving by, like Mr. Duerr and Mr. stout,
6 I knew there were cars there through all the periods from
7 1953 when they moved in there and made it into apartments.
8 The drive-by management technique is a new one
9 to me. I've had several courses in management, but that's
10 one I haven't encountered. But if it works for Mr. Duerr
11 and Mr. stout, it works for me.
12
Q.
()
So that's all how you know whether it was rented
13
is through you driving by?
14
A.
No. I had continuous dealings with Mrs. Hagen.
15 She and my mother were on the phone daily, and we lived
16 with my mother, incidentally. That has not been
17 established.
18
Q.
Since you and your husband have owned the
19 property, have you not had problems with the septic system
20 since you've been renting out apartments?
21
22
23
24
u
25
A.
We had problems with the water.
Q.
With the septic system?
A.
Yes. We replaced the septic tank.
Q.
It was overloaded. Is that not correct?
A.
Well, it was too small.
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
.~
i")
1
2
3
4
89
Q.
Too small for what you were using it for?
A.
Right.
Q.
For three apartments?
A.
Right -- no. It was only used for two
5 apartments, that septic tank. There's a separate one for
6 the basement apartment.
7
Q.
So the septic tank for what you were using,
8 renting out two apartments, was overloaded once you started
9 renting them out, correct?
10
A.
No. We put in an automatic washer; that's what
11 overloaded it. Mrs. Hagen never had automatic washers in
12 the apartments or in her own living quarters.
("')
I."."
13
MR. LUCAS: I guess this would be Exhibit
14 Rickert 1 or Objector 1.
15
MR. GILROY: We'll note these as R-1.
1 6 (Exhibi t No. R-1 was marked.)
17 BY MR. LUCAS:
18
Q.
Mrs. Ronan, I'm showing you an exhibit marked as
19 Exhibit R-1. Do you recognize what that is a copy of?
20
A.
21
Q.
22
A.
23
Q.
Yes. Mrs. Hagen's last will and testament.
And what's the date of that will?
16th of March, 1994.
And this is basically a one-page will or
24 one-page document and then signature pages and a notary
'.....)
25
page after that, correct?
C.P.C.R.S @ pacourt@kns.net
(717) 250-3657 or (800) 863-3657
90
()
1
A.
Right.
2
Q.
And the will leaves everything to you and your
3 husband, correct?
4
A.
That's correct.
5
Q.
And Mrs. Hagen went into the nursing home in
6 April of '94, correct?
7
A.
Right.
8
Q.
So this is a month before she went into the
9 nu~sing home?
10
A.
Correct.
11
Q.
And the person who witnessed the will,
12 Mr. Schorpp, your attorney, and this is the person you
, -')
/
__...1
13
referred to, Creedon Beltzhoover?
14
A.
Right.
15
Q.
Had Mr. Schorpp been your attorney prior to
16 that?
17
A.
No. Mr. Schorpp is not my attorney.
18
MR. LUCAS: This will be Exhibit R-2.
19
(Exhibits Nos. R-2 and R-3 were marked.)
I
I
~
\ ,
'1
f I
20
BY MR. LUCAS:
21
Q. Exhibit R-2, it's a copy from records from the
22 Cumberland County Register of Wills Office for Mrs. Hagen's
23
estate.
"
'j
24
MR. SCHORPP:
Are you testifying?
o
25
MR. LUCAS: No. I'm--
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
"
I......\
1
91
2 BY MR. LUCAS:
MR. GILROY: I think we can stipulate on that.
3
4
5
Q.
Do you recognize theso forms, Mrs. Ronan?
A.
Yes.
Q.
And you and your husband are shown as having
6 beneficial interest in this estate on page 1 of the
7 exhibit. On the second page, there are seven individuals
8 listed. Do you know who those individuals are?
9
A.
The first one is her niece. The second one and
10 third ones are her nephews. The next two are her sisters.
11 The other one is some of her relatives in Germany __ I
12
don't know
('"")
.{ '.
13
left. And the other one is a friend from Maryland.
14
15
A.
Cousins, perhaps; I think that's all she had
Q.
The last one is not a relative?
16 that I would have any knowledge of.
No, not to my knowledge; maybe distant, but not
17
Q.
And these were all living relatives of
18 Mrs. Hagen but she did not leave any of her estate to them?
19
A.
20
Q.
21
A.
22
Q.
She did not.
She left it all to you and your husband?
That's right.
23 R-3. Do you recognize what R-3 is a copy of?
I'll show you what we'll identify as Exhibit
24
A.
u
25
Q.
Yes.
And what is that?
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
93
,"')
1
that I got, I turned over to Mr. Schorpp.
2
Q.
3
A.
4
Q.
So this doesn't show any rent in 1995, does it?
No.
I thought you said that somebody was in there
5 paying rent then?
6
A.
I said she paid on occasion. She lived there
7 about four months and left with owing over $400 rent.
8
Q.
Did you file a final income tax return for 1994
9 for Mrs. Hagen?
10
A.
11
Q.
12
A.
("'l).
..l.w:.
13
1994?
14
Q.
15
A.
16
Q.
17
A.
18
Q.
Mr. Schorpp did.
And did that show any rental income?
No. I don't have it with me, but I don't -- for
Yes.
Yes, there would have been up until April.
So that did show rental income?
That is when her tenant upstairs moved out.
In your going through Mrs. Hagen's records, did
I'
,
.
19
she show rental income in prior income tax returns?
20
A.
21
22
23
24 showing it?
u
25
Sometimes.
Q.
Sometimes?
,
A.
Sometimes.
.0:'
Q.
when she received rent, or when she felt like
,
. ~ I
A.
When she felt like showing it.
:'.
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
94
~
1
MR. LUCAS: No further questions for this
2 witness.
3
MR. GILROY: Mr. Schorpp, do you have any
4 redirect?
5
MR. SCHORPP: No.
6
MR. GILROY: Anyone on the board have any
7 questions for this witness?
8
THE CHAIRMAN: I have one question I'd like to
9 try and clarify.
10 You've made reference to this young lady who
11 stayed in the basement apartment from time to time. Was
12 she any relation to Mrs. Hagen, or what was the basis of
......~"
r)
'.'.,","~#"
13
this --
14
THE WITNESS: She was no relation that I'm aware
15 of. She was a young girl who would have a relationship and
16 when it would go sour, she would move in with Mrs. Hagen in
17 the efficiency. When she got established in another
18 relationship, she'd move out and get booted out again and
19 then she'd call and see if she could come back.
20 What she did was help Mrs. Hagen with the
21 cleaning, would drive her to doctor's appointments, that
22 kind of thing.
23
MR. GILROY: Any other questions?
24
Any other interested party in the audience have
u
25
any questions for this witness?
,~\
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
:~
.I.)
("')
"'Jr-',.~
u
95
'\:
1
(Witness excused.)
2
MR. GILROY: okay. Mr. Schorpp, I think you
3
took a couple of exhibits. I just want to make sure we
.
"
'I
"
j
I '
4
don't lose track of them here.
(Off the record. )
MR. GILROY: Do you have any additional
testimony, Mr. Schorpp?
MR. SCHORPP: Yes. I call Mr. Tim Duerr.
,
5
6
7
8
9
,
10
TIMOTHY D. DUERR, called as a witness, being
11
duly sworn, was examined and testified as follows:
12
13
DIRECT EXAMINATION
14
BY MR. SCHORPP:
1
,
I
15
Q. Mr. Duerr, at my request, did you investigate
16
the township zoning ordinances and determine at what point
1
17 zoning would have prohibited, South Middleton Township
18 zoning would have prohibited multifamily dwellings in this
19 location?
20
A.
Yes.
21
Q.
And as a result of your investigation, what did
22 you determine?
23
The first ordinance on the record is January 5th
A.
24 of 1970.
25
Q.
That is when it was adopted?
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
97
I"'"""j
1
speak to my next witness?
2
MR. GILROY: Okay.
3
(Whereupon, a brief recess was taken.)
4
MR. GILROY: We're back on the record now.
5
Okay. Mr. Schorpp?
6 MR. SCHORPP: I have no further witnesses to
7 present at this time. I do reserve the right, of course,
8 to present other witnesses.
9
MR. GILROY: Do you move the admission of
10 Exhibits A-1 through A-7? Is that right?
11 MR. SCHORPP: That is correct.
12
MR. GILROY: And I understand there is no
...-...,
)
.......-'
13
objection to the exhibits except for A-5?
14
MR. LUCAS: Yes, which I don't think I need to
15 repeat it all; I think I've said everything.
16
MR. GILROY: Why don't we just reserve a ruling
17 on that before the end of the hearing. But Exhibits A-1,
18 2, 3, 4, 6 and 7 are admitted.
19 (Appellants' Exhibits Nos. 1 - 4 and 6 and 7
were admitted in evidence.)
20
21
MR. GILROY: And you rest, Mr. Schorpp?
22
MR. SCHORPP: Yes.
23
MR. GILROY: Mr. Lucas, do you have any
24 testimony?
'0
25
MR. LUCAS: Yes. Call Maxine Wetzel.
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
..
99
1
A.
Just neighborly, talkIng over the back fence to
2 begin with, her comIng down to advise me because I was a
3 24-year old girl who was a city girl, and she needed
4 somebody to mother, so, therefore, she would come down and
5 tell me how to plant my flowers, how to tend to my garden,
6 how to cook this or that, how to preserve this or that, and
7 etcetera.
8
Q.
Did your parents know Mrs. Hagen?
9
Yes. They visited whenever we had family
A.
10 get-togethers at my house, which was Saturdays and Sundays;
11 she would be part of it.
12
('.')
"~' .
13
14
Q.
Did you get to know Mrs. Hagen better in the
'60s and '70s?
A.
We moved out in 1964, and from there until
15 through -- yes.
16
17
18
19
20
Q. Did your father come to move with you in 1971?
A. Yes.
Q. And was that after your mother passed away?
A. Right.
Q. At that time, did you get to know Mrs. Hagen
21 even better then after that?
22
23
24
u
25
A.
Yes.
Q.
And how was that?
A.
Dad and her visited back and forth. He went up
and played cards with her Friday nights and sometimes spend
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
100
()
1
sunday afternoons with her. We went out Friday nights.
2 With Father living in the house, that's the only time you
3 got to be alone and talk was when you went out. So he
4 would be by himself; he'd walk up to Mrs. Hagen's.
5
Q.
And were you in her house, then, as of that time
6 when your father was there back and forth? Did you get in
7 her house? Were you ever in her house?
8
A.
I left her take the place of my mother. After
9 she died, I was in and out, and she was in and out of our
10 house. I saw her visually every day.
11 Q. Did you do things for Mrs. Hagen in her house?
12 A. I cleaned for her; I painted for her; I sewed
("')
,.,..,-
13
for her; whatever she needed done, I did.
14
Q.
There was a question about the condition or what
15 was in that house as far as the upstairs, the basement,
16 downstairs. Where did Mrs. Hagen live?
17 A. She lived in the middle floor.
18 Q. And what was on the second floor?
19 A. An apartment.
20 Q. What was in the basement?
21 A. When we first moved out there, there was, like,
22 a guest compartment that she used whenever her family came
23 to visit.
24
Q.
When your father moved in with you in '71, at
'---.J
25
that time, was there anything else in the basement?
Was
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
104
~
1
that correct?
2
A.
Yes. She used it also. When they had cookouts
3 outside, she'd have the hot pad that was in the enclosure
4 downstairs as extra use when she had cookouts on the
5 fireplace out in the yard.
6
Q.
So she had a kitchen in the apartment in the
7 basement?
9
A. She had a refrigerator, a sink and a two-burner
hot pad, table and chairs.
Q. And there was also a bathroom in the basement?
A. Yes. They kept that for convenience.
Q. And was there a separate doorway that entered
8
10
1 1
12
(I,)
'-'I
13
into the apartment that was separate from the rest of the
1 4 house?
15
A.
It went into her laundry.
16
Q.
And was that doorway locked, have a separate
17 lock?
18
A.
Yes. She had a key to all of the apartments,
19 though, visited them frequently when nobody was there.
20
Q.
And as I understand your testimony, you
21 indicated that, according to you, Mrs. Ronan never rented
22 both the second floor and the basement at the same time.
23 Is that correct?
24
A.
Mrs. Ronan has, yes.
u
25
Q.
I'm sorry. Mrs. Hagen.
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
105
".-...,
1
A.
Not that I recall. She subsidized one or the
2 other.
3
Q.
But she did rent both on occasion?
4
A.
On occasion. She kept the people out of the
5 upstairs because it took heat to go upstairs, and the heat
6 downstairs was supplied because the furnace was in the
7 downstairs, and that would help pay for her fuel oil during
8 the winter.
9
Q.
Now, you testified that you were in frequent
10 contact with Mrs. Hagen up to 1983?
11
A.
Right.
12
Q.
What happened in 1983?
()
13
A.
Somebody put in her head that we had stolen some
17
money from her.
Q. And how much money?
A. I have no idea.
Q. Was it a lot of money, a substantial sum?
A. I imagine so, because she sent the State Police
14
15
16
18
19 around, and they questioned me for two or three hours.
20 They wanted me to take a lie detector test; my daughter
21
did, and I refused to on the grounds that this woman I
22
treated like my mother, I said I would not give her the
,':I
: i
23 satisfaction of taking a lie detector test. We did not
24 speak after that but once.
u
25
MR. SCHORPP: That's all the questions I have.
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
i
f
t.
;~
lOCi
t)
1
MR. GILROY: Mr. Lucas?
2 mmumc'I' I':XAM I NM' I ON
3 BY MR. LUCAS:
4
Q.
Were all the neighbors questioned at that time
5 in 1983?
6
A.
Terry was a neighbor at that time. I don't know
7 how many people were asked.
8
Q.
Did you find out tllat Mrs. Ilagen had eventually
9 believed somebody elso was rosponsible?
10
A.
She told me -- this was in '83 when she had us
11 investigated for that. She told me at Thanksgiving of 1981
12 when she had broken both elbows and fallen -- I was taking
('""")
" "
13
her back and forth for therapy, and that was on a daily
14 basis.
15 She said she knew who took her money and she
16 would tell me some day whenever she felt easy enough to
17 tell who. And she assumed -- later on she threw hints to
18 me; she didn't say it diroctly, but she said it was a
19 relative of the friond, the bottom name on that list of the
20 recipients in the will thoro from Maryland, Pete --
21
Q.
You don't havo to givo the name.
22
A.
Ho came up and visited in a travel trailer, and
23 she said he was the ono that took the money.
24
Q.
Mr. Schorpp asked you about that downstairs.
u
25
You said sho -- and this was something that was created
C.P.C.Il.S @ pacourt@kns.net
(717) 250-3Ci57 or (800) 863-3657
107
r1
1
after your father had moved in in '71?
2
A.
No. She had the laundry down there beforehand,
3 which had an automatic front loader washer. So she did use
4 an automatic washing machine, and a dryer was there.
5
Q.
But the actual putting a kitchen or bathroom
6 there wasn't done until after 171?
7
A.
After my father moved in because my husband did
8 the conversion. He closed the furnace off so it was
9 separate and not part of the room.
10
Q.
And initially she used that for cookouts or for
11 family?
12
A.
Right.
o
13
MR. LUCAS: No further questions.
14
MR. SCHORPP: No questions.
15
MR. GILROY: Anything from the board?
16
Thank you, ma'am.
17
(Witness excused.)
18
MR. LUCAS: Call Terry Rickert.
19
20 TERRY RICKERT, called as a witness, being duly
21 sworn, was examined and testified as follows:
22
23 DIRECT EXAMINATION
24 BY MR. LUCAS:
u
25
Q.
Your full name and address?
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
...,
...-....
,
1
A.
2
Q.
108
'I'orry IlJclwrt; 7U, l'oLomhurq Iland.
Mr. III cllClrL, WhOI'll do you 1\ vo in relation to
3 the proporty and to tho Wotznlll?
4
A.
5
Q.
6 property?
7
A.
8
Q.
9 property?
10
A.
Ilight acrOIlH tho Htroot.
So right acrmlU tho stroot from the Hagen
'I'hat's correct.
And you're further up the hill from the Wetzel
That's corroct. Kenny and Maxine are down the
11 hill from me. I'm diroctly across from the Hagen property,
12 the houso, itself. The entire property, IId say, is across
()
13
from both of us.
14
Q.
15
A.
How big is the Hagen property?
Slightly less than 30 acres; a barn, a house, an
16 apartment upstairs, and I believe there's a shed out back.
17
Q.
18
A.
19
Q.
20
A.
How long have you lived there?
1981.
And did you know Mrs. Hagen?
I knew Mrs. Hagen well the first few years. My
21 ex-wife knew her extremely well, and my children, while
22 they were still there.
23
Q.
24
u
25
You said your ex-wife knew her extremely well.
A.
Yos.
Q.
Did she go over to Mrs. Hagen's residence?
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
109
.~''',
1
Mrs. Hagen called a lot, and early on she was
A.
2 extremely friendly to everyone, and she would ask us to go
3 to the store and so forth. And, frankly, she was getting
4 up in years; we volunteered to get her groceries from time
5 to time and so forth. Several people were doing that. We
6 weren't the only ones, but we did try to help whenever we
7 could.
8
Q.
Now, you referred to an upstairs apartment.
9 Since you've lived there and before Mrs. Hagen's death, did
10 she ever rent out that upstairs apartment?
1 1
A.
She did from time to time; it was very sporadic.
12 Times went on when she lived there herself for a long, long
~
C,)
. ......, ~
13
time and no one was around at all. Generally if she rented
14 anything, it was the upstairs. Although at one time, I
15 think there was someone downstairs for a month or two that
16 was helping her with the house or something. Maybe it was
17 a relative; I don't know.
18 But generally it was just the upstairs, and
19 times went by when nothing was rented for quite some time.
20 But she was consistently keeping it to one rental unit and
21 herself living there, and that was the important thing.
22 She kept a very tight control on the renter that was there
23 at the time.
24
Q.
Were you familiar or know of any problems with
u
25
the sanitary sewer on-site septic system there?
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
110
f)
1
A.
Well, I knew there were problems. She was very
2 disciplined, and whenever someone rented from her -- I
3 heard her before when I was sitting there, she actually
4 rented one time, where she had problems with the septic
5 system and so forth, just limitations. It was very old, I
6 guess. And basically she had to -- I mean, she only rented
7 to one tenant at one time because of that. But, moreover,
8 the situation existed that she also asked them to limit
9 their use very much.
10 Now, frankly, on one occasion while she was
11 renting the upstairs, I tried to rent the downstairs from
12 her for an individual that was working for me. And I was
"
13
unsuccessful just because plain and clear she would not
14
rent the downstairs while the upstairs was being rented
)
i
,
I
15 because of the problems with the sanitary unit.
16
Now, how it's set up over there I do not know,
!
17 and I just know that that was the reason she gave me.
18
Q.
Since the Ronans have been renting apartments
19
there, has there been a problem with the septic system?
\'
20
A.
Just from across-the-street-observation, not
21 having seen any documents or actually spoken to them about
22 it, they have replaced, I believe, the septic tank one
23 time, the upper tank, if there is two; I believe there's at
24 least that. And Mr. Ronan, himself, mentioned to me that
u
25
they had applied or at least had research done to consider
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
112
t"""'\
1
eight cars have been over there at one time. It's an
2 extreme safety problem to the hill. The way the driveway
3 is set up, the individuals have to back out on Petersburg
4 Road; they cannot pullout.
5
Q.
This is a short path to the garage where the
6 cars pull right in and back right out?
7
A.
8
Q.
That1s correct.
And this would be just down from the hill that1s
9 just above on Petersburg Road?
10
A.
11
Q.
That1s correct.
From 1981 until Mrs. Hagen died, did she live
12 there continuously the entire time that she rented out one
('""')
...I..<~
13
apartment?
14
A.
She was always there, yes. I think there was a
15 trip to Germany one time where she was gone for a month or
16 two. Exactly when, I don't know.
17
Q.
Did she ever leave and rent out her main floor
18 to somebody else?
19
A.
20
Q.
21 at the most?
22
23
No. She managed that with an iron fist.
So she was always living there, plus one tenant,
A.
Yes.
Q.
Since the Ronans have owned the property, have
24 they lived in the house, Mr. and Mrs. Ronan?
\...)
25
A.
No. Not to my knowledge, they have not.
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
113
n
1
Q.
So it would have been separate two to three
2 tenants there?
3
4
A.
That's correct. The upstairs, the main floor
and the basement, guest room as everyone called, has been
5 occupied off and on. There's been a sidewalk put in that
6 was not there before, a walkway from the lower area up to
7 the doorway. It wasn1t needed before because generally
8 they parked upstairs in the driveway and walked down
9 through the area to get in, if anyone stayed as a guest or
10 something like that.
11 As far as the upstairs unit, there is a separate
12 staircase going up there. It1s definitely got an upstairs
C'i:.1)
eo,d
apartment, no doubt about it.
13
14
Q.
Mr. Rickert, you are currently a South Middleton
15 Township supervisor, correct?
16
A.
That's correct, until January 3rd.
17
Q.
You are appearing here in your individual
18 capacity?
19
A.
That's correct.
20
Q.
Not as a township supervisor?
21
A.
No, I am not here as a township supervisor.
22
Q.
As a property owner of the property across on
23 Petersburg Road?
24
That's correct.
A.
u
MR. LUCAS: No further questions.
25
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
"
116
~
1
afraid that I was trying to steal her property or
2 something. I really don't know.
3 Q. And it would be your testimony that you didn't
4 do anything to antagonize her against you?
5
A.
Not to my knowledge, no; just trying to improve
6 a farm that was extremely run down.
7
Q.
Did you ever complain to Mrs. Hagen about one of
8 the persons living at the property?
9
A.
No. She was very clear that she was renting out
10 the upstairs. She disciplined them extremely well. She
11 went through tenants on that upstairs on a routine basis.
12 If anyone got loud or out of hand, they were out of there.
("P'")
-'1.,....
13
She was an excellent landlord with that
14 upstairs, and I believe that's exactly why the intent is to
15 have someone that owns the property there in the building
16 so you can discipline the tenants and keep them under
17 control.
18
Q.
If I were to tell you that I personally served
19 eviction notices on persons living in the basement, would
20 you say that that couldn't have happened?
21
A.
Never saw them.
22
Q.
Never saw them?
23
A.
Never saw them, no.
24
Q.
And for a long time you weren't allowed in the
o
25
property?
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
(\
1
A.
117
I had no reason to go in the property. I was
2 never notified by her that I shouldn't be in the property.
3 I only went over to say hi to her, and, perhaps, she called
4 me to give me some strudel or something like that. She did
5 that on a regular basis.
6 You have no knowledge of the property prior to
7
Q.
1981?
A.
Q.
A.
Q.
A.
8
9
10
11
12
1981 I moved in, that1s correct.
To your knowledge, did she have a job?
Mrs. Hagen?
Yes.
She had a job there at the house and so forth
C~
13
keeping track of the farm. As far as working outside, no.
Did she have
14
Q. Did she receive farm rent?
.
\
,
I
15
somebody renting, farming it for her?
16
A.
That1s correct. I believe it's $1,800 a year
,
,
,
17 for the rent of the acreage around the house.
18
Q.
And she would have received whatever rents from
19 the people that lived there?
20
A.
I was not in her business, Counselor. I can
i
~, ...;
Ii .~
If
21
only assume that she was charging them rent for those
22
apartments upstairs. I believe she was because she threw
23 people out when they did not pay rent, but I never actually
24 saw rent or saw her receive rent.
()
25
Q.
Now, you know that she received $1,800 farm
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
..-....
o
&>
19
20
21
22
23
24
25
118
1
rent, but you were not in her businoss?
2
A.
I believe I read that off the documentation that
3 you provided for my counselor just a few minutes ago.
4
Q.
Are you indicating that you just learned that as
5 a part of the process
6
A.
The $1,800 amount, that's correct. I knew she
7 was renting the farmland out, but the $1,800 figure is on
8 the document you just gave us.
9
Q.
Now, when did you learn that the Ronans had
10 acquired the property?
11
A.
When did I learn?
12
Q.
Yes.
13
A.
I was up painting my dormers. Bill Ronan, I had
14 approached Bill a couple weeks before then on what was
15
going on. I was concerned that -- I was concerned about
16
developers moving in the property; I'll be frank with you.
17
And I asked Bill how things were going. He said, don't
18
worry about it. He came back up to me in two weeks and
yelled across the street, we got the property. I said,
that1s great.
Q. Have you complained directly to either Mr. or
Mrs. Ronan about their use of the property since they
acquired it?
A.
The only complaint I made about the property was
regarding renting out three units.
C,P,C',R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
!
I'
.1
I-
'\
I.
, r
! I
i
(
I
~
\ ,
,':(
, i
. I
::
PI
\,
"
I
~ :
.,
\
, !
r'
,
/."."..j
(:J
16
17
18
19
20
21
22
23
119
2
Q. And when did you make that complaint?
A. As far as renting out the three units?
Q. Yes.
A. I asked Mr. Ronan to join me one day up at my
property. We sat together for three and a half hours or
3
4
5
6 so, and we talked about things in general on a neighborly
7 basis. I mentioned the unit to him. I went over the
8 zoning ordinance. I went over the situation as it existed
9 and asked him if there was any way we could work something
10 out, that the unit would not be used in a contrast with
11 what it was used over the past 10 or 15 years.
12
Q.
Do you recall when that conversation occurred?
13
A. When the meeting was? Mrs. Ronan dropped him
1
,\
,
I
14
right off in the driveway, and he walked in the driveway.
15
Do you recall what Saturday that was?
,
,
,
MRS. RONAN: 7th of June.
\
i
,
I
,I
I
,
.~
\
,~
Ii
Ii
~, ,
BY MR. SCHORPP:
Q. I'm asking you, sir.
A. I'd have to look and see.
Q. You donlt recall?
A. No.
Q. Is it true, sir, that the Ronans --
MR. GILROY: Excuse me one minute. Can you move
\,
"
,
u
24 your chair back a little bit? 11m just a little more
25
comfortable with questioning not in each other's face.
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
i; ~
125
()
1
MR. SCHORPP: It goes to his credibility in
2 terms of what he's saying about Mrs. lIagen; vis-a-vis, what
3 his relationship was with her across the street. It's a
4 credibility question.
5
MR. GILROY: If she came and opposed his land
6 use or complained about him and we have some record of
7 that, I think it may be relevant, and if you have that
8 offer. But, otherwise, cross-examining this witness in
9 whether he was in compliance with the zoning ordinance or
10 not, what relevancy does that have?
1 1
MR. SCHORPP: It goes to the bone of this
12 gentleman and why he's here today.
f"<l)
t'I.~
13
MR. GILROY: His compliance or lack thereof
14 three or four years ago goes to his motive today?
15
MR. SCHORPP: Correct.
16
MR. LUCAS: I don't see any relevancy or any --
17 this is off the wall.
18 (Board members conferring with Solicitor
Gilroy. )
19
20
MR. GILROY: Mr. Schorpp, welre going to suggest
21 that that's not relevant testimony, so why don't you go on
22 to another issue. And if you want to make an offer, we can
23 put that on the record.
24 BY MR. SCHORPP:
.
U
Q.
When did the zoning hearing board proceedings
25
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
126
~
1
involved in your property occur, just so 11m clear?
2
A.
You got me. I'd have to pull the records. I
3 don't know exactly when the date was. Itls been several
4 years.
5
Q.
Has Mrs. Ronan had a neighborly relationship
6 with you since then?
7
A.
8
Q.
9
A.
Mrs. Ronan?
11m sorry; Mrs. Hagen.
I really didnlt talk to Mrs. Hagen since my wife
10 left seven and a half years ago. She, frankly, was very
11 upset with me when Vanessa left.
12
Q.
Now, in your observations of this property,
,.
13
would you agree with me that there are two electric meters
14 on the property?
15
A.
I believe there are. 11m trying to recall here
16 on the side. I believe there are two electric meters, yes.
17
Q.
18
A.
And you were inside the property?
I had been inside the property several times,
19
generally in the kitchen.
A. Only when she asked me for help to go down and
I
I
~
\
\";
, ,
II
20
Q. Are you aware of the makeup of the basement of
21
the property?
22
23 maybe move something and so forth or to check something.
24
w
25
\,
"
Q.
So the answer is yes?
A.
Yes.
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
\-'.....
.r.)
1
A.
128
No. If she asked me, I went over to the
2 kitchen, she said help me with this, and I went down the
3 steps. I mean, it's her basement. You go down the steps,
4 and itls her basement.
5
Q.
6
A.
7
Q.
8
A.
9
Q.
10
A.
11
Q.
12
A.
("",
.,)
13
Q.
14
A.
15
Q.
16
Were you ever on the second floor?
Yes.
It has a bathroom?
Yes, it does.
Kitchen?
Yeah.
And other rooms?
I believe therels one or two rooms.
Separate entranceway?
Stairway going up.
Door with a lock on it?
A.
Therels a door. I assume there's a lock on it.
17 I never opened it.
18
And then the entranceway to her living quarters,
Q.
19 separate doorway?
20
21
A.
In the back way, yes.
Q.
Isnlt it true that some of Mrs. Hagen's tenants
22 park in the other garage bay from time to time?
23
24
u
25
A.
I donlt know that.
Q.
You don't know that?
A.
I donlt know that. Let me be clear. There's
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
1\
'.
129
~
1
one door upstairs, okay, and then there's -- it's a house.
2 There's a door downstairs, a basement door; you go into the
3 door upstairs, and you go into the one room, and thatls
4 where she lived. There's stairs on the other room that
5 goes up into the second floor, and that's it. And as far
6 as -- then you go into the doors and a little garage, and
7 she pulled into the one, and usually there was a lot of
8 stuff in there.
9 Now, as far as anyone ever using it, I canlt sit
10 here and testify that no one ever used that or that she
11 didnlt because I really don't know.
12
Q.
All right. But you lived across the street
(",
'......'
13
since 1981 and you really don't know. Is that what your
14 testimony is?
15
A.
I'm saying I lived across from 1981; I don't
16 know if a car was ever in her garage other than her own. I
17 canlt testify to that accurately.
18
Q.
So I guess that's possible, but you donlt know?
19
A.
Yup. Anything is possible, Counselor.
20
Q.
And you've already testified that youlve seen
21 cars parked in other areas on the property other than the
22 driveway. Is that correct?
23 A. At what period of time?
24 Q. Any period of time.
u
25
A.
Just over the last 30 days, 60 days, yes, sure.
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
O...
....' .
l
:0;1'4.'
()
18
19
130
1
Q.
And over the period of time since you've lived
2 there, you've seen that?
3
A.
Generally the cars were always in the upper
4 driveway.
5
6
Q.
But you've seen cars in the lower area?
A.
Yes. Fellows used to come over and help do her
7 grass and things like that. Kenny Wetzel used to come up
8 and take care of her lawn and so forth. He would drive
9 across, or he would just drive the mower across.
10 Q. SO you know everybody who ever parked a car down
11 there. Is that what you're testifying?
12
A.
Absolutely not. How would I possibly know
13
everyone that ever parked a car there? Why would you ask
14 me that?
15
Q. Because -_
Mr. GILROY:
asking the questions.
lawyer can voice that.
THE WITNESS:
I apologize, but I really don't
16
Well, Mr. Rickert, Mr. Schorpp is
17
And if there's an objection, your
20 know everyone that ever parked there. If thatls a
21 legitimate question, I apologize. I do not know everyone
22 that ever parked a car there, no.
23
24
25
BY MR. SCHORPP:
Q.
;1
I,
"
And you don't know everyone that ever rented
from her either, do you?
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
t)
('"''
,~"J
u
1
2
3
133
heat her unit.
4 me that.
5
6
7
8
9
10
11
Q.
And she told you this?
A.
She told me that, yes, she did absolutely tell
MR. SCHORPP: Tha t's all I have.
MR. GILROY: Mr. Lucas, any questions?
MR. LUCAS: No questions.
MR. GILROY: Any questions from the board?
Okay. Next witness.
MR. LUCAS: Call Tim Duerr for one question.
MR. GILROY: Okay. Mr. Duerr, you're still
12 under oath. Go ahead.
13
DIRECT EXAMINATION
14 BY MR. LUCAS:
15
Q.
Mr. Duerr, do you know when the township
16 required the mandatory recycling or trash pickup,
17 approximately what year?
18
19
20
21
22
A.
1993, April.
MR. LUCAS: Thatls all.
MR. GILROY: Mr. Schorpp?
MR. SCHORPP: I have no questions of Mr. Duerr.
MR. LUCAS: We have nothing further except we
23 would offer the exhibits R-1, 2 and 3.
24
25
MR. GILROY: Any objections, Mr. Schorpp?
MR. SCHORPP: I need to refresh my memory of
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
.~
135
1
Mrs. Hagenls on a daily basis, I was usually there before
2 she was out of bed, Mrs. Wetzel. I frequently stopped on
3 my way to work to make sure that she was up and about.
4
Q.
Any other particulars that you --
5
A.
Well, when I told Mrs. Wetzel that I had gone no
6 further than the kitchen, we were talking about what the
7 contents of the house were. And I did not go through her
8 house before her death to decide what was in it. When I
9 went in to take her groceries, take her prescriptions,
10 whatever, I went into the kitchen.
11
12
c'j~') 13
'1:0.'"
14
15
16
17
18
u
Q.
Now, it's your testimony that Mrs. Hagen did, in
fact, rent to more than one tenant at the same time?
A. Right.
Q. On a continuous basis?
A. On a continuous basis.
Q. And you were physically in the premises when
that occurred?
A.
I was. Not only that, every evening for dinner
19 we had a discussion of Mrs. Hagen's tenants and her aches
20 and pains because she commiserated with my mother on a
21 daily basis.
22
And when she did that, she was discussing more
Q.
23 than one tenant at the same time?
24
Yes, and what they did and didnlt do.
A.
25
Q.
When she had other tenants there, did they have
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
138
,....,
1
through her husband.
MR. GILROY: Well, it's also not relevant,
'I,
2
3 Mr. Schorpp. I mean, even assuming for purposes of
4
argument that Mr. Rickert has a motive that he didnlt like
.
"
.~ I
5 to see any further development, the issue before the board
6 this evening is not that matter.
7
MR. SCHORPP: I agree; however, it does go to
8 his credibility.
9
MR. GILROY: I don't know if it would go to his
12 thatls a multiple housing development or apartment building
10 credibility, but this is not an issue of them putting a
11 development in there; this is an issue of whether or not
()
13
or not.
14 BY MR. SCHORPP:
15
Q.
Prior to the time that he was made aware of this
\
,
,
16
potential second house, had he complained to you or your
J
17 husband about using the place with the septic in it?
18
A.
He did not.
19
Q.
Do you have any other disagreements with his
20 testimony?
21
MR. GILROY: I think we can stipulate she
W
i
22
probably disagrees with a lot.
23
THE WITNESS: Thatls not entirely true.
24
MR. SCHORPP: That's all I have.
..
!
I
u
25
MR. GILROY: Okay. Mr. Lucas?
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
139
('.
1
CROSS-EXAMINATION
2 BY MR. LUCAS:
3
Q.
Did I understand you just to say in response to
4 your counsel's question that you did not go through her
5 house; you only went through the kitchen?
6
A.
This was when she was ill, I went in through the
12
MR. GILROY: Mr. Schorpp, any further testimony?
7 kitchen to take her groceries or whatever we could pick up
8 for her. I did not go through the house to inventory what
9 was there. That does not mean that I was not in the house
10 at other times.
11
MR. LUCAS: No further questions.
(.~
13
MR. SCHORPP: No.
14
MR. GILROY: Do you have any additional
15 testimony?
16
MR. LUCAS: No.
l
,
17
MR. GILROY: You may step down, ma'am.
18
(Witness excused.)
19
MR. LUCAS: Nothing further.
20
MR. GILROY: Okay. Anybody else have anything
22
okay. We have the exhibits. We kept out that
!
,:,;
U
21
else they want to put on the record in this case?
23 one exhibit. Is that right? I don't think we formally
24
admitted Township's Exhibits 1 and 2. Anybody have any
I
i
I
u
25
objection on those?
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
,'~
o
140
,~
MR. SCHORPP: No.
2
MR. LUCAS: No.
3
MR. GILROY: Those two exhibits are admitted.
4
(Township's Exhibits Nos. 1 and 2 were admitted
in evidence.)
5
6
MR. SCHORPP: I do have a hearing memorandum I
7 would like to submit to the board.
8
MR. GILROY: You might want to hold it. This
9 board is going to meet again on January 6th. That's a
10 Tuesday. It will not be for purposes of taking any
11 additional testimony, but hopefully be perfect for purposes
(""")
";",
12 of rendering a decision in this particular case. And I'm
13
sure the board would like to get a memorandum, but I'd
14 prefer they both be filed at once, unless, Mr. Schorpp, you
15 want to submit yours.
16
MR. LUCAS: On January 6th the board is just
17 going to vote?
18
MR. GILROY: Just going to vote. TheY'll take
19 official action. There will be no further testimony.
20
MR. LUCAS: No need for argument at that time?
21
MR. GILROY: We're going to ask you to argue in
22 your memorandum. I'd suggest for purposes of the
23 memorandum that some of the issues that I see right off the
24 bat are who has the burden of proof in this particular case
25
to prove a nonconforming based upon the procedural
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
141
r'1
1
situation of an enforcement notice being sent by the
2 township.
3 The second issue is from a zoning standpoint, is
4 this a different use if itls an owner-occupied property
5 with a rental unit as compared to nonowner occupied.
6
MR. SCHORPP: We will agree that we have no
7 rights under the conditional use for an owner-occupied with
8 an accessory apartment.
9
MR. LUCAS: I don't think that's the issue. I
10 think the issue is the difference between an owner
11 occupying a single family house and having one apartment
12 and a three-unit apartment building. I think that's a big
o
'-.,"
13
difference here, and I think that is a key issue in this
14 case.
15
I don't think the issue is conditional use. I
16 think the issue is the differences in the --
17
MR. GILROY: Well, can we all agree that this is
18 either a single family residence or this is a two-unit
19 residential building or this is a three-unit residential
20 building? Those are the three options.
21
MR. LUCAS: The second may be a -- yeah. The
22 second may be under the single family detached dwelling
23 with an accessory apartment.
24
MR. GILROY: They're making an issue out of it,
u
25
and you're saying itls not?
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
143
~
1
So there's four options; there's a single family residence,
2 there's an owner-occupied residential dwelling with an
3 accessory apartment, there's a two-residential unit
4 bUilding or therels a three-unit residential unit bUilding.
5
MR. LUCAS: I think it's a key issue.
6
MR. GILROY: I've raised it just so
7 Mr. ,Schorpp is saying he's not advancing as an issue, but
8 you see that Mr. Lucas is suggesting that they will argue
9 that thatls a determination the board should make as at
10 least one of their options. So we need to address that.
11 And certainly the issue of abandonment, if there
c'"']
12 is a determination that a nonconforming use is in existence
13
and whether use of that is abandonment, and then I'll look
14 forward to your eloquence on this issue, and that is if you
15 have an apartment upstairs and one downstairs and you use
16 one at one time and one at the other, are you continuing
17 use on that.
18 Because there's been testimony on this issue,
19 and I don't know what it's going to result in. But in case
20 the board finds that as a fact, that they did not use two
21 at once but they kept separate units but they just weren't
22 in use, does that mean it was a two-unit place or a
23 three-unit place but only two used at once, and any other
u
24 issues that counsel would like to advance.
25
MR. LUCAS: Do we have to argue over Exhibit
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
(;
144
t'i
1
A-5? I think there's no basis that that exhibit should
2 come in.
3
MR. GILROY: I think we ruled to keep it out.
4
MR. LUCAS: You held the ruling.
5
MR. GILROY: Okay. I'm going to suggest we keep
6 it out. What's the boardls ruling on it?
7
Okay. Exhibit 5 is out. Mr. Schorpp, we'll
8 hand that back to you.
9
MR. GILROY: Gentlemen, welre asking you to
10 present these memorandums simultaneously.
1 1
MR. LUCAS: Is there a question about, will all
<:;.
12 three members be on the board in January? We have a term
13
expiring. I just thought of that.
14
MR. Rickert: My question was -- I overheard you
15 talking about a vacation schedule up here __ will all three
16
members be here at the
i
, '
I'
,
I
I
I
I
I
,
~
'\
,':(
i
I
:1
tl
"
'.
'I
I:
,
17
MR. GILROY: They'll be here on the 6th.
18
MR. Rickert: Fine. That's all I needed to
19
know.
20
MR. GILROY: Gentlemen, can you have a
21
memorandum to me by the 19th?
22
MR. SCHORPP: The 19th of December?
23
MR. GILROY: Yes.
24
MR. SCHORPP: That would be a little difficult
25
for me. I have a memorandum on most of those issues. I do
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
1...
145
1
not have one on all of them. I came prepared to give it
2 this evening. I told you at the first hearing that I had
3 one. Mr. Lucas has had plenty of time to prepare one.
4
MR. GILROY: I assume your memorandum doesn't
5 address all of these issues.
6
MR. SCHORPP: No, it does not.
7
MR. GILROY: Well, the problem is, we need to
8 have the benefit of your memorandums and then the zoning
9 hearing board needs to meet in executive session and
10 deliberate all before the 6th. So when can you have it to
11 me, Mr. Schorpp?
12 And, Mr. Lucas, when do you think you can have a
("")
>-;,~t
13
14
15
u
memorandum?
16
MR. LUCAS: I can have it to you on the 19th, if
you want it.
MR. GILROY: How about the 23rd?
MR. SCHORPP: That is a 'lIednesday?
MR. GILROY: That's the Tuesday before. Will
that be satisfactory?
17
18
19
20
Okay. Memorandums can be filed with my office
21 on the 23rd and sufficient copies to send to the zoning
22 hearing board members. I will circulate those to the
23 zoning hearing board members, and we'll try to meet the
24 following week in an executive session. And then we're
25
going to advertise a meeting for January 6th. And for
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
146
(\
1
those folks who are here interested in this particular
2 case, there will be no additional testimony; the board will
3 merely hopefully act at that particular meeting.
4 Mr. Schorpp and Mr. Lucas, thank you for your
5 courtesies and courtesies of your clients during this
6 hearing.
7
MR. SCHORPP: I'd like to thank the board for
8 their cooperation at the last hearing.
9
MR. GILROY: Folks, we still have items 2 and 3.
10 We're going to take a short recess to pick up the exhibits
11 and then move along.
12 (Whereupon, the preceding portion of the hearing
was concluded at 7:10 p.m.)
(~ 13
14
15
1
.
\
,
I
16
22
l
(
I
l'
~
i~
, \
; ,':(
, ,
17
18
19
20
21
~
25
it
,,(
",
\1".
'i
i \
,
23
24
C.P.C.R.S @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
TERRY T. RICKERT,
Appellant
IN THE COURT OF COMMON PLEAS
CUMllERLAND COUNTY, PENNSYLVANIA
No. -1998- to7~) t!q,k/~':t!.('1"
v,
SOUTH MIDDLETON TOWNSHIP
ZONING HEARING BOARD,
Appellee
LAND USE APPEAL
NOTICE OF LAN!) USE APPEAL
AND NOW, comes Appellant, Terry T. Rickert, by and through his allorneys, Eckert
Seamans Cherin & Melloll, LLC, appeals the Decision of the South Middleton Township Zoning
Hearing Board dated January 5. 1998, pursuant to Article X-A of the Pennsylvania Municipalities
Planning Code, 53 P.S. ~11001-A, ~., and in support thereof, states as follows:
1. Appellant is Terry T, Rickert ("Rickert"), an adult individual residing at 726
Petersburg Road, South Middletan Township, Cumberland County, Pennsylvania,
2. The South Middleton Township Zoning Hearing Board ("Zoning Hearing Board") is
a duly organized and constituted zoning hearing board created by the South Middleton Township
Board of Supervisors, 520 Park Drive, Boiling Springs, Pennsylvania.
3. On or about July 21, 1997. the Zoning Officer for South Middleton Township (the
"Township") issued an enforcement notice to William Ronan ("Ronan") relating to property located
at 729 Petersburg Road, South Middleton Township. Cumberland County, Pennsylvania (the "Subject
Property"), A copy of the enforcement notice is attached hereto as Exhibit" A" and incorporated
herein by reference,
4. The enforcement notice notified Ronan that there were three apartments being rented
at the Subject Property and that such use was in violation of the South Middleton Township Zoning
Ordinance.
'~
5. The Subject Property is locuted in the Agricultural ("A") Zoning District.
6.
The South Middlcton Township Zoning Ordinance ("Zoning Ordinance") permits
'I
single-family detached dweilings in the A District. However, only one apartment is permitted as an
.'
accessory use to a single-family detached dwclling and that one accessory apartment use is only
permitted so long as the principal dwelling is also occupied by the owner of the dweiling,
7.
,
I
I
I
Ronan acquired the Subject Property in 1994 and the Subject Property is not owner-
occupied as required by the Zoning Ordinance.
8. On or about August II. 1997, William R. Ronan and Geraldine L. Ronan, owners
of the Subject Property, filed an appeal from the Zoning Officer's determination to the Zoning
Hearing Board (the "Ronan Appeal").
9. Hearings were conducted by the Zoning Hearing Board on November 3, 1997 and
December 9, 1997.
10. Rickert, who lives directly across the street from the Subject Property and is an
affected party, appeared at the hearings with counsel, objected to the Ronan Appeal, and presented
'I
.
I
,
I
evidence and legal argument in support of the Zoning Officer's enforcement notice.
11.
I
,
,
The Ronan Appeal to the Zoning Hearing Board contended that the Subject Property
is presently used as a multi-family dwelling with three apartments and that Ronan had a vested right
to rent three apartments on the Subject Property as a non-conforming use.
12, On January 5, 1998, the South Middleton Township Zoning Hearing Board rendered
its decision sustaining in part and denying in part the appeal of William R. Ronan and Gerald L.
Ronan (the "Decision"). A copy of the Decision is attached hereto as Exhibit "B" and incorporated
herein by reference.
2
13. The Decision sustained the Ronan Appeal, In part, by finding that Ronan could rent
two apartments on the Subjectl'roperty even though the dwelling Is not owner-occupied because the
use was non-conforming and that the non-conforming use had nOl been lIbandoned,
14, The Decision denied the Ronan Appelll. In pllrt, by finding that Ronan had only
established non-conforming use status for two lIpartments rather than three aplIrtments as contended
by Ronan.
IS. To the extent the Decision sustained Ronan's Appeal, in part, the Decision of the
Zoning Hearing Board was erroneous, arbitrary. capricious, constituted an abuse of discretion, and
was otherwise contrary to law, in that:
(a) Ronan failed to establish the existence of a non-conforming apartment use prior
to the adoption of the South Middleton Township Zoning Ordinance in 1970;
(h) Any apartment use for the Subject Property prior to the adoption of the
Zoning Ordinance in 1970 was only sporadic or intermittent which Is insufficient, as a matter
of law and fact, to support a finding of non-conforming use StlltUS;
(c) In the alternative, even if the evidence conclusively supported the
establishment of a non-conforming use for one accessory apartment at the Subject
Property, the accessory apartment use was abandoned and could not be reestablished;
(d) In the alternative, even if the evidence conclusively supported the
establishment of a non-conforming use for one accessory apartment at the Subject
Property, such use was terminated In 1994. The zoning regulations only permit an
accesso"'J apartment where the owner of the properly occupies the principal dwelling
and the principal dwelling on the Subject Property hlls not been owner-occupied since
1994;ÿ
3
'. .
~outfJ ~ibbldon ~otnQbip
520 Park Drive, Boiling Springs, PA 17007
PHONE: (717) 258-5324 FAX: (717) 258-3577
Certified # P 180 163357
Mr. William Ronan
759 Petersburg Road
Carlisle, Pa 17013
Re: 729 Petersburg Road
Dear Mr. Ronan:
As the Zoning Officer of South Middleton Township, I have determined that you
are in violation of the following provisions of the Zoning Ordinance of 1989, as
amended, for the reasons which I have specified,
The previous owner had occasionally rented one apartment while living there
herself. However, since that time, the dwelling located at 729 Petersburg Road
was vacated for a period in excess of a year. According to Section 1901d, if a
non-conforming use is discontinued for a period of a year or more, the use loses
its non-conforming status as thus cannot be reinstated,
At present, conditions suggest that three apartments are being rented, none of
which is occupied by the owner of the dwelling.
Before an accessory apartment use can take place, it must receive conditional
use approval from the Board of SupelVisors and subject to the following criteria
found in Section 602.2:
1. The livable floor area of the accessory apartment shall not exceed
seven-hundred twenty (720) square feet.
2. Only one accessory apartment may be permitted within a single-family
detached dwelling.
3. An accessory apartment may only be permitted and may only continue
in use as long as the principal dwelling is occupied by the owner of said dwelling.
4. The lot area for the principal dwelling shall meet the minimum lot area
requirement for the applicable district where located,
5. The exterior architectural character of the principal dwelling shall not
be altered in a manner which departs from the primary feature of the building as
a single-family detached dwelling unit.
"''''.
..
""'.""',1'." "'",
0'"
o
'''---.--.
IN RBI
SOUTH MIDDLETON '1X>>INSIlIP ZONING HEARING BOARD
520 PARK DRIVl!l
BOILING SPRINGS, PENNS~LVANIA 3.7007-9536
DECISION OF ZONING HEARING BOARD
WILLI/lH R. RONAN AND GERllLDINE L. RONAN
97 - 32
DOCKE'l' NO.:
DA'l'B OF APPLICA'l'IONt
LOCATION OF PROPERTY:
AUGUST ll, 1997
729 PETERSBURG ROAD, CARLISLE, P~,
APPSAL FROM DETERMINATION OF, ZONING
OFFICBR
NOVBMBER 3, 1. 997 AND DECEMBER 9, 1997
JANUARY 5, 1998
REQUESTED RELIEF:
DATE OF HEARINGS:
DATB OF DBCISION:
SOARD MEMBBRS IN
A'l''l'BNDANCE:
PAUL HEISHMAN, LARRY BRE/lH, IVO V. OTTO,
JR.
PROPER NOnCE OF THE ABOVE HEARINGS WAS GIVEN B~ ADVER'l'ISING IN THE
SENTINEL, CARLISLE, PENNSYLVANIA ONCE A WEEK FOR TWO WEEKS PRIOR TO
THE HEARINGS AS APPEARS FROM PROOF OF PUBLICATION. ADDITIONALLY,
NonCE OF THE HEARINGS AND THE APPLICATION WAS SENT TO ALL
ADJOINING PROPERTY OWNERS, POS'l'ED ON THE PROPBRTr IN QUESTION AND
POS'l'ED IN THE SOUTH MIDDLETON TOWNSHIP OFFICE.
I
,
!
!
I. PROCElDVRAL HISTORY
This case Comes before the South Middleton Township Zoning Hearing
Board ("Board") on an appeal from a detennination of the zoning
Officer of South Middleton Township ("Township") dated July 21.,
1.997.
The Zonin!1 Officer of the Township issued an enforcement notice to
Mr. William Ronan dated July 21, 1997 (TownShip Exhibit-l) which
pertained to property at 729 Petersburg Road(Subject Property). In
sununary, the enforcement notice suggested that there were three (3)
apartments being rented at the subject property, none of which were
occupied by the owner of the property, and that such use was in
violation of the Township [Joning Ordinance. The owner:r of 729
Petersburg Road, William R. Ronan and Geraldine L. Ronan, filed On
August 11, 1997 a timely appeal of the Zoning Officer's
,
1.
determlnation to the Doard. I1oaringl1 woro conductod baloru tllO
Baard on November 3, 1997 and December 9, 1997. At theBe hearingD,
the RonanG were represented by legal counsol alld had an opportunity
to prellent botll verbal and written evldence. The Townsl1ip appeared
before tho Board in the person of tile Zoning/Code Enforcemont
Officer, Mr. Time thy D. Duerr. Mr. Terry nickert and Mr. and Mrs.
Kenneth Wetzel, neighbers te the Dubject property, appearod at the
hearings with the benefit ef counsel ~nd objected to the appeal and
advanced the affirmation of the enforcement notice. Counsel tor the
Renans and ceunsel for the objectors have filed briefs which have
been reviewed by the Beard. The Board conducted an Bxecutive
Session on December 29, 1997 for purposes ef deliberatians in
oennectian with this case.!
II. DISCUSSION
The praperty at 729 Petersburg Read ("Subject property") is located
within an Agricultural Zoning District pursuant to the Township
Zaning Ordinance. The enforcement netice issued by the
Tawnship/Zening Officer (Tawnship Exhibit-I) suggested that the
subject property had been awner occupied and occasionally had alsa
a ane-apartment rental unit. The notice suggested that the rental
use had been discontinued for a period ef a year or more and,
thereby, lost its non-conforming status and that any further
apartment renting at the subject property would be illegal under
the South Middleton Tawnship Zaning Ordinance.
At issue is whether the subject preperty constituted a nan-
conforming use under the Zoning Ordinance. If such non-cenforming
use is establiShed, the second issue would be the nature of the
nan-confarming use as to whether the subject preperty was a three-
unit apartment building or a two-unit building. A further issue
would be whether the non-conforming status was an apartment
building status or an owner-occupied dwelling that had an accessary
apartment. The final issue is whether any non-conforming status had
been abandoned.
Mrs. Geraldine Ronan testified on behalf of the applicants. She
indicated the subject property was originally ewned by Mr,. and Mrs.
Arneld Hagen, who had owned the preperty since the early 1950's.
Mr. Hagen died in 1962 and Mrs. Hagen died in September of 1994.
Mrs. Ronan and her husband were executors of the Hagen estate. She
testified that she was quite familiar with the Hagens' paperwork
and the Hagens themselves. She would take Mrs. Hagen to the
haspital two times a week and she was in periodic contact with Mrs.
Hagen at other times. The Ronans had lived in the vicinity of the
subject praperty since 1944.
I All Dl<ccutlve oeoolon is authorized for quani-judicial deliberations
purnuant to 65 P.B. 5278(a)(5).
2
,I
Mrs. Ronan l1uggostfld tllat tho subjoot proporty consistod of a first
floor dwelling unit which was praviously occuplad by Hrs. lIagon, II
aacond floor apartment and a hasomont oiiicionoy apartmont.
Documentary evidonae presented included relltal receipt books from
Mrs. Hagen's records sllowing rent recelpts as far as back IJS 1958
(SOD Exhibits A-I and n-2). The Ronans also produced advartising
bills relating to the Bubject property (Bxhibit n-3). ThOBe bills
refer to a "furnished effioienoy", an "effioiency one-adult" and
a "second floor apartment" as the type of apartments being rented.
These bills are of misoellaneous dates starting in 1978 and going
through 1989. Mrs. Ronan suggested that the effioienoy apartment
was the apartment on the basement level and that the other
apartment was a second floor apartment that Mrs. Hagen maintained.
Mrs. Ronan indicated that she and her husband were appointed
executors of the Hagen estate in Ootober of 1994, a publio sale was
held in September of 1995, that she and her husband were the
benefioiaries of the estate and reoeived title to the property in
Ootober of 1995 during the administration of the estate.
Mrs. Ronan also presented evidence from the electrio oompany
(Exhibit A-4) which she offered to verify that there were separate
electric meters for each dwelling unit. The dooumentation verifies
that the seoond floor apartment had a separate electric meter
oonneoted in 1960 and that Mrs. Ronan had a meter conneoted for the
blJsement unit in 1996. Prior to 1996, Mrs. Hagen had the basement
and first floor area on the same eleotrical unit. Mrs. Ronan
testified that previously the basement area had a separate eleotric
meter but she did not produce any documentation in support of that
claim.
1\
,
; ,
,
,
t
,
The outside of the subject property has an appearance of a single-
family dwelling. Mrs. Ronan suggested that there were at least
three (3) mailboxes at the property and multiple eleotric meters.
She indicated that there are three (3) separate physioal entrances
to the three units in the interior of the premises with separate
keys and looks. In addition to a two-oar garage, there is a large
driveway that would acoommodate four (4) cars and another separate
driveway area. Eaoh unit has its own separate bathroom and kitchen
area.
It was established during Mrs. Ronan's testimony that the basement
unit was quite often used only by a homeless woman with her
children and that no rent was paid for that use. It was also
established by other testimony that the ba6ement area of the
struoture was used by the Hagens for picnios and other uses in
oonjunotion with the Hagen's use ot the dwelling unit on the first
floor level.
Maxine Wetzel of 740 Petersburg Road testified and indicated that
she has resided near the subjeot property for approximately thirty-
four (34) years. She testified that in 1971 there was no apartment
3
unit in the basement of the subjoot property. However, she did
aoknowledge that thoro was an apartmont used on the seoond floor
and oven acknowledged that after 1971 there was a periodio renting
of tho basement area aD a soparate unit. Sho had a fISHing out with
Hrs. llafJen in 1983 and had limited contaot w.lth IIf1r s:l.noe that
time.
Hr. 'ferry R:l.okert testified that he has lived aoross from the
subjeot property since 1981. Hr. Riokert suggested that Hrs. Hagen
would rent tIle upstairs apartment at certain tJmes ISnd the
downstairs apartment at other times but that the traditional use
was to only have one rental unit at a time. He sugfJested that he
only reoalls two (2) mailboxes at tho subjeot property.
Testimony established that the first Zoning Ordinanoe within the
'fownship was enaoted in 1969 and beoame effective in January 1970
(Exhibit A-7).
III, LEGAL ANALYSIS
Pennsylvania law imposes the burden upon the landowner to establish
a non-oonforming use by presenting objeotive evidenoe demonstrating
that the property was devoted to the alleged use at the time of the
enaotment of the Zoning Ordinanoe. Appeal of Lester M. PranCle.
Inc., 166 Pa. Commw. 626, 647 A.2d 279 (1994).
On the issue of abandonment, the burden of proving abandonment of
a non-conforming use is upon the party asserting the abandonment
and such proof must be by overt acts, or failure to act,
demonstratlnfJ actual abandonment. Appeal oE Lester M. Pranqe, ~,
supra. The Township in its enforcement notice cites S1901.1.C of
the Zoning Ordinance which provides that a non-conforming Use
cannot be re-established if it discontinued for any reason for a
period of twelve (12) months or more. Such a timeframe in a Zoning
Ordinance is not absolute and creates only a presumption of intent
to abandon. ADPeal oE Lester M. PranCle, ~, supra.
IV. APPLICATION OF LAW TO 'fEE FACTS
It is clear that there has been apartment use at the subject
property prior to the enactment of the original Zoning Ordinance in
1970. :Phe Ronans have met their burden in connection with that
issue. What remains unclear is whether the basement unit was being
rented as a separate unit in 1970 at the time of the adoption of
the Ordinance. The documentary evidence presented by the Ronans
(Exhibits A-I and A-2), does not verify two (2) different apartment
units but, rather, appears to represent rental receipts for only
o~e (1) apartment use. It ia clear from the testimony of all
w~tnesses and from documentary evidence (Exhibit A-3) that the
basement unit was rented as a separate unit after 1970. However,
4
thoro in conflioting tostimony botwoon tho wi tnouGos liB to the
oxiutonco of a separate basemont unit apartmont prior to tho
onaotment of the 1970 Zoning Ordinanco. The lack of any reforonco
indicating two (2) separate apartnront units in the rontal recoiptn
pro-1970 (Exhibits A-I and A-2)along with tho laok at any
documentation from tho utility company (Exhibit A-4) suggesting a
pro-1970 neparate olectrical meter for the basement property weighs
a!1ainst the landowners in their assortion that there Was a separate
basement dwelling unit at the Gubjoct property pre-1970.'
On the abandonment issue, the Ronans adequately addressed the
inconsiutency between correspondence from their attorney (Exhibit
T-2) suggesting that the subject property was vacant for ovor two
years and the actual Use of the subject property. Mrs. Hagon's
illness along with her subsequent death clearly caused a break in
the continuity of acqui.ring a tenant at the property. The record is
void of any evidence suggesting that there were overt 'acts or
failureI!' to act by Mrs. Ha!1en or by the ~onans that would
demonstrate an abandonment of any apartment use at the subject
property. Even assuming the Bubject property may have laid vacant
for more than twelve (12) months, the lack of any I!'ettled purpose
by the landowners to abandon the multiple family use at the subject
property is clear from the record.
The objectors in thei.r brief attempt to suggest that any apartment
Use at the subject property must be conduoted in conjunction with
"owner oocupied use". The current Zoning Ordinance within the
Township authori~es "accessory apartments" within the agri.oultural
district by conditional use with an aocessory apartment defined as
a secondary dwelling unit contained within an owner ocoupied
single-family detached dwelling (Township Zoning Ordinance 5602.2) .
However, at issue is what was the use of the property prior to
enactment of the Zoning Ordi.nance. It is clear that Mr. and Mrs.
Hagen occupied the subject property prior to the enactment of the
January 1970 Zoning Ordinance and it is also clear that they had an
apartment on the I!'econd floor of the subject property at the same
time. In essence, there were two (2) separate dwelling units within
the one (1) struoture. The fact that one (1) of the dwelling units
was owner occupied does not suggest a different type of use than a
non-owner ocoupied two-dwelling unit structure. Furthermore, the
1970 Zoning Ordinance allowed, by special exception in agricultural
districts, a use termed "converted apartments" (See 5402 of 1970
Zoning Ordinance). Converted apartments were defined under the 1970
Zoning Ordinance as "a mUlti-family dwelling constructed by
converting an existing building into apartments for more than one
2 The Ronan" suggested in testimony that there previously was an electrical
meter for the basement unit but that such unit was removed. Even if it waD
proven that 1:he basement unit did have a oeparate metor, tho logic behind the
removal of that olectrical meter would Duggest an abandonment of any separate
apartment U"e of the baDement unit.
5
fllmily, without Dubstllntially altering tllo extorior of tIle
bUilding." (Soe defjnitional aoction of 1970 Zoning Ordinance at
No. 10). Tho "convertad apartmont" IIS6, which wau allowod in 1970,
did not include any limitlltion or routriction tllat would morit tho
"owner ocoupied" tag to be applied to tho use. Accordingly, thoro
is no legal or rational bRsiu to imponD an "ownor oooup.:Lod"
restriction upon a two-dwalling uni t U:J11 lit tllo Gubjeot proparty
which pro-dated the 1970 zoning Ordinanco.
I-
"
/i
"
,
J.
V. FINDINGS OF FACTS
'l'HB BOARD HEREBY MAKES 'I'HE FOLLOWING FINDINGS OF FACTS:
1
,
prior to the adopting of a zoning Ordinance in South Middleton
Township, there existed a use at the property at 729 Petersburg
ROlld of II mUlti-family dwelllng consisting of two (2) separate
dwelling units.
,
2
The use of a mUlt.:L-family two (2) separate dwelling units at the
subject property has continued from prior to enactment of zoning in
South M~ddleton Township until the present time.
J
VI. CONCLUSIONS OF LAW
THE :SOARD HEREBY MAKES THE FOLLOWING CONCLUSIONS OF LAW:
'1
.
,\
,
,
1
The applicants, William R. Ronan and Geraldine L. Ronan, have met
their burden of proof and have demonstrated that a non-conforming
use existed at property 729 Petersburg Road, Carlisle, PA, prior to
enactment of the January 1970 South Middleton Township Zoning
Ordinance, which use was a multi-family two-dwelling structure.
,
,
,
2
The applicants have failed to meet their burden by way of objective
evidence that, as oi the enaotment of zoning in South Middleton
Township in January 1970, there existed a third apartment unit on
the basement floor of the subject property. '
3
':(
1
The Township and the objectors have failed to meet their burden of
proof in sho.....ing any overt acts or failure to act that would
demonstl:ate an abandonment of the multi-f;,u/lily Use at the subject
6
f"~
.
,
property sinco January 1970.
VII. DECISION
It is the deoision of tho South Middleton Township Honin9 Roaring
Board that the appeal of William R. Ronan and Geraldine L. Ronan
from the July 21, 1997 enforoement notioe issued by South Middleton
Township is sustained in part and denied in part.
The appeal is Dustained in tho sonso that it is deter.mined that
there was no abandonment of a non-oonforming use at property at 729
Peterllburg Road, Carlisle, PA, which use consisted of a multi-
family dwelling unit at the subjeot property encompassing two (2)
separate dwelling units.
The appeal is denied in the sense that it advanced a suggestion
that there existed three (3) separate dwelling units at the subject
property whioh had all obtained non-oonforming use status. It is
determined that two (2) dwelling Units at the subjeot property may
continue as a legal non-oonformin'J use, with these units bein'J the
first floor dwelling unit and the second floor dwelling unit. The
basement area of the subjeot pro~erey has no le'Jal status to be
used as a separate dwelling unit.
~/J(r;g-- _
DATE ~D
~~~
. "'B, SECRE:AnY
SOUTH MIDDLETON TOWNSHIP
ZONING HEARING BOARD
ANY PERSON AGGRIEVED BY THE DECISION OF THE ZONING HEARING BOARD
HAY APPEAL TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. THE
APPEAL MUST BE FILED WITHIN 30 DAYS FROM THE DATE OF THIS DECISION.
· The Ronans a~vance~ 1n their brief a request that the Board consi~er
addressing a thi~d llputrnent unit as an expansion of the existing two (2)
dWQ11ing unit non-conforming use purauant to 51904 Townahip Zoning ordinance,
such an iasue ia not properly before the aoar~ on a procedural haais.
Furthermore. the critB~ia for the granting of a special exception for expansion
of a non-conforming Uue under 51904 include a number of factorD which wore not
"ddreDDed in the toatilnony at the hearing of thlc cace. Accordingly, the BO(lrd
docs not addrosG in thin c.!ccision the Ji,crit, if \lnj', af ROlHm'c roquoot to o>:puuci
n non-Conforming uOe p~rt~~nt to S190f.,
7
"
CEltTIFICATE OF MAILING
"I.
I hereby certify thnt on this If - day of February, 1998, and In accordance with Section
1003-ACc) of the Pennsylvania Municipalities Planning Code, 53 P,S. ~IIOO3-A(c), a true and
correct copy of the foregoing Notice of Land Use Appeal was mailed by first class mall to the
following persons:
WIlliam R. Ronan
Geraldine L. Ronan
729 Petersburg Road,
Carlisle, PA 17013
Edward L. Schoorp, Esq,
127 W. High Street
Carlisle, PA 17013
a~
John R. achur, Esq,
Ally. 1.0. 58141
149896,1
CEUTIFlCATE OF MAILING
..t
I hereby certify that on this If - day of February, 1998, and In accordance with Section
10OJ-A(c) of the Pennsylvania Municipalities Planning Code, 53 P.S. ~ 11003-A(c), a true and
correct copy of the foregoing Notice of Land Use Appeal was mailed by first class mall to the
following persons:
William R. Ronan
Geraldine L, Ronan
729 Petersburg Road,
Carllsle,PA 17013
Edward L. Schoorp, Esq,
127 W. High Street
Carlisle, PA 17013
a~
John R. achur, Esq,
Ally. J.D, 58141
149896.1
Ii
1 I
:
&
,
.
-gompIttlll;mt 111KVot 2 rot Idcfillonlll HMe...
.~It.It.". 3, "I, and 4b.
'Prtnt your nwne and add,.., on th, "....m or IhI, form 10 IhIt w. Cln retum tN,
can! 10 you.
-MIlCh IhII toRn 10 thl front of the mallp1eoe, or on the bade If Iplct dot, not:
.=!RItlIm R_pt Roq_'on lho maJlploco boIow tho .rtldo nLrOOo"
-The Rltwn Receipt wlllhow to MMmllhIlltk:la WlI delivered Ind the dal.
doI_. Consull poarm.sl., fo, ,...
3. A1ticI. AddrasB8d 10: 48. ArtIcI. NUmb.,
P 433 108 627
4b. S.lVfce Typ.
Cl R.glsI.'ad 10c CerUftlld
Cl Exprass Mall lJ IllIUnod
lJ Rslum Rece/plfor Merc:hand.. Cl COO
7. 0.,. ot 0 v.1l!
~ 9. I"
8. Add,. .' Add,.ss (Only If requ.SIsd
and 'Ba Is paJd)
I also wish 10 ,acelv. 111.
following s.lVfces (fo, an
.lIt.. f..':
1. [J Add'.....'. Add....
2. [J R.slrtcted O.tlvery
South Middleton Township
Zoning Hearing Board
520 Park Drive
Boiling Springs, PA l7007
98-676
5. Racelved By: (Pllnt Name)
I
.!I
Domestic Return ReceIpt
.lill~~:~~~I'i~~;1;;"lii~~,h~:~).:i';~;';:~.,;r:":;';O'~-Vi"""'''''-,,,. 'c~_.",..._____._.~_ '_"_u,___._
-'
.;.>.;'\.:..
~
i~'
I ' ; '.,~
,\i
I'
, ,
L
, '
I'
Ie
, '
1/:
,~ ,
I
,
.fI"
P 1133 108 b2?
Stroot &. Number
520 Park
Posl OIfiCo. Slale. a. ZIP Code
Boil' .
Postage
$
CertifiedFeo
Spocia! Delivery Fee
Restricted Delivery Fee
OIl
m Aelum Receipt Showing 10
..... Whom a. Oale Oetivered
'[-Recel>lSlloomgIoVollom,
q: Dale. & hlrtes.see's Mi'ess
g TOTAL Postage & Fee. $
CO
C") P05tma~ or Dalll
e
~
~
..:...-....._...._~-_.-. - ,~~;- ;<.J--- :
~ .,.' , '.
.',..:.,~,.'......, ~
, .'.. .
.', ,
~/: ~~. ; ~ '. ..,
" 'J,'", ..... ~
. ~. 'l.
'.
. ~ ....... \.
" '. .
.. . , ~
\', '~'1. ~
.J 1 .~.~
1'. t.
" i
.' . t
<
:;'1> "
. .. " "
",
. .
, ..
- .I; ".
J ~.
,J- ~.:-
\""j, ;.... '
.r., '
"'..
l1'
";~
,.
I
Terry T. Rickert
Appellant
VS.
South Middleton Township
Zoning Hearing Board
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1998-676 CIVIL Ternl9
WRIT OF CERTIORARI
COMMONWEALTH OF PENNSYLVANIA)
SS.
COUNTY
OF
CUMBERLAND)
TO: South Middleton Township Zoning Hearing Board
We, being willing for certain reasons, to have certified a certain action
between
Board
Terrv T. Rickert. AppellAnt- V" !';nl1t-h Mit1t11",t-ron '1'ro"~~hip 7oniR3 Hearing
pending before you, do command 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 Common Pleas at Carlisle, within
days of the date hereof,
?n
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.J.
our said Court, at Carlisle, Pa., the 4th day of
, 19 .2.!L.
Februarv
?!u.~~~
Prothonota
'~
\
.'
(') '-0 (')
c u:J ..,z
:'* -., '1J
-.. ~.., j-q
......', n1fn
C1}L" co
/- -~~ N ';)nl
:" I. "6
C'I .-.J 0
-':',.,
r-;.;:.:.. ;-:,~ ::;J-Ij
:"'_u, d:r
~~~~-; "'(')
:;:: (]'11
--,
--:; 'r_
~:j :.) ~1J
-, en -<
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court
----------------------------------------------------------------------------------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
TERRY T, RICKERT,
(Appellant)
vs,
SOUTH MIDDLETON TOWNSHIP
ZONING HEARING BOARD,
(Appellee)
WILLIAM R. RONAN and
GERALDINE L. RONAN,
(Intervenors)
Ne. 98-676 Civil Term
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.): Land use appeal on the merits
2, Identify counsel who will argue case:
Ronald M. Lucas, Esq. (c)
John R. Kachur, Esq.
Eckert Seamans Cherin & Mellott, LLC
213 Market Street
Harrisburg, PA 17101
Telephone: (717) 237-6000
for Appellant
(b) Hubert X. Gilroy, Esq.
Broujos & Gilroy
Four North Hanover Street
Carlisle, Pa 17013
Telephone: (717) 243-4574
for Appellee
Edward L. Schorpp, Esq.
127 West High Street
Carlisle, PA 17013
(717) 243-9258
for Intervenors
(a)
3. I will notify all parties in writing within two days that this case has been listed for
argument,
4. Argument Court Date: December 9, 1998
DATED: November 4, 1998
~
(J ,0 0
\~~ c:> .1
:-r:. 'c;J
--:0; ,;:> .l.~
r1'lt'f', ,::: n1r=::
Z::'1 , ,--,1'"
:;~C~. t.r. ::ocr
r... ~",. <' I~~<...)
~;.:- )=1\
r2\..) ~1
~1- [; -" (;:;.1,.-,
:;: tlfi'
_"l
~ ~:-
.- ,,., ~
TERRY T, RICKERT,
APPELLANT
V.
SOUTH MIDDLETON TOWNSHIP
ZONING HEARING BOARD,
APPELLEE
V,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM R. RONAN and
GERALDINE R. RONAN,
INTERVENORS
98-0676 CIVIL TERM
IN RE: APPEAL FROM A DECISION OF THE ZONING HEARING BOARD
OF SOUTH MIDDLETON TOWNSHIP
BEFORE BAYLEY. J. AND HESS. J.
ORDER OF COURT
AND NOW, this Q.'8'day of January, 1999, the decision of the Zoning
Hearing Board of South Middleton Township, IS AFFIRMED.
By the Court, '
/ /
\J/' /'/
"( "
, /
Lv.v"
Edgar B, Bayley, J,
Ronald M. Lucas, EsqUire
For Appellant
...
~.,) In.~J2<,l I {,;,,9 f9f. .0
X. ,0.
Edward L. SChorpp, Esquire
For Intervenors
:saa
FII r.rJ-o"\':I~ICc
.1: ....' f JI...
0- .,.,.~ ""'~"1 "., 'aT'A!"\Y
:. I'''. ';'.:..' -j-;. JIJ1
O::j Jr,!' 2q ;" n,:>(,
-='.. . ;..(... d.,1 U' ....
11
CL"....." '. . I/'t"'!"
'1\"d~,:t~L.~"',\,j 'v,.J ",I~ I
PEI\! ;'~S'('L\lj\:' ;Ii\
r
,
"
TERRY T, RICKERT,
APPELLANT
V,
SOUTH MIDDLETON TOWNSHIP
ZONING HEARING BOARD,
APPELLEE
V,
WILLIAM R. RONAN and
GERALDINE R, RONANI
INTERVENORS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
98-0676 CIVIL TERM
IN RE: APPEAL FROM A DECISION OF THE ZONING HEARING BOARD
OF SOUTH MIDDLETON TOWNSHIP
BEFORE BAYLEY. J. AND HESS. J.
OPINION AND ORDER OF COURT
BAYLEY, J., January, 1999:..
William R. Ronan and Geraldine R. Ronan, intervenors, own 729 Petersburg
Road, South Middleton Township, The property is located in an Agricultural Zoning
District under a South Middleton Township Zoning Ordinance enacted in 1970. A use
permitted in that district as of right is a single-family detached dwelling, The
ordinance allows one accessory apartment within an owner occupied single-family
dwelling subject to conditional use approval by the Township Board of Supervisors.
In 1996, the Ronans, who are the current owners, rented apartments on the first floor,
second floor and in the basement of 729 Petersburg Road, They do not live in the
dwelling.
The South Middleton Township Zoning Officer issued a notice to the Ronans
on July 21, 1997, that the three rental units in 729 Petersburg Road violate the South
98-0676 CIVIL TERM
Middleton Township Zoning Ordinance. The Ronans appealedl and a hearing was
conducted before the South Middleton Township Zoning Hearing Board. The Board
Issued the following decision:
It is the decision of the South Middleton Township Zoning Hearing
Board that the appeal of William R. Ronan and Geraldine L. Ronan from
the July 21, 1997 enforcement notice Issued by South Middleton
Township is sustained in part and denied in part,
The appeal Is sustained In the sense that It Is determined that there
was no abandonment of a non-conforming use at property at 729
Petersburg Road, Carlisle, PA, which use consisted of a multi-family
dwelling unit at the subject property encompassing two (2) separate
dwelling units.
The appeal is denied in the sense that it advanced a suggestion that
there existed three (3) separate dwelling units at the subject property
which had all obtained non-conforming use status. It is determined that
two (2) dwelling units at the subject property may continue as a legal
non-conforming use, with these units being the first floor dwelling unit
and the second floor dwelling unit. The basement area of the subject
property has no legal status to be used as a separate dwelling unit.
(Footnote omitted.) (Emphasis added.)
Terry T. Rickert, who lives across the street from 729 Petersburg Road,
appealed from the decision of the Zoning Hearing Board. The issues were briefed
and argued on December 12, 1998, without taking additional testimony.' Our scope
of review is limited to determining if the South Middleton Township Zoning Hearing
Board committed an error of law, and whether its findings of fact are supported by
substantial evidence. Nascone v. Ross Township Zoning Hearing Board, 81 Pa.
Commw. 482 (1984). The Board is the Judge of the credibility of the witnesses and
the weight to be given to their testimony. Roseberry Life Insurance Company v.
1. The Zoning Hearing Board did not enter an appearance.
-2-
98-0676 CIVIL TERM
ZonIng HearIng Board of City of McKeesport, 664 A,2d 688 (Pa, Commw. 1995).
The Zoning Hearing Board found that Arnold Hagen and his wife purchased
729 Petersburg Road and started living In the dwelling on the property In the early
1950's, The Hagens created a second floor apartment in the dwelling which they
began renting in 1958. They continued to live In the first floor. After Mr. Hagen died
In 1962, Mrs. Hagen continued to reside in the first floor, She died in September,
1994. William and Geraldine Ronan are the executors and beneficiaries of her estate
and they received title to the property in October, 1995, The Zoning Hearing Board
found that the Hagens established a second floor apartment in their dwelling prior to
the enactment of the 1970 zoning ordinance. That finding Is supported by substantial
evidence upon which tile Board was the judge of the credibility of the witnesses. The
Board concluded that the use of the dwelling as a two family multi-family unit is a
nonconforming use.
Appellant does not maintain that the Board erred in finding that the second
floor apartment is a nonconforming use; rather, he maintains that because Mr. & Mrs.
Hagen, and later Mrs. Hagen, continued to live in the property after that use was
established, the nonconforming use is limited to an accessory apartment in an owner
occupied dwelling. Appellant argues that the Board erred because in enacting the
1970 zoning ordinance it "has already determined legislatively that an owner-occupied
dwelling with one accessory apartment is different than a non-owner occupied, two
apartment dwelling." Therefore, appellant concludes that the non-owner occupied
-3-
98-0676 CIVIL TERM
dwelling cannot now be used as an apartment.2
To qualify as a continuation of an existing nonconforming use, a proposed use
must be sufficiently similar to the nonconforming use as not to constitute a new or
different use. Hanna v. Board of Adjustment, 408 Pa. 306 (1962). The proposed
use need not, however, be identical to the existing use; rather, similarity in use Is all
that is required. Pappas v. Zoning Board of Adjustment, 527 Pa. 149 (1991). In
L1mley v. Zoning Hearing Board of Port Vue Borough, 533 Pa, 340 (1993), the
Supreme Court of Pennsylvania stated:
Clearly, the nature of a non conforming use must be determined
from the actual use from which the property Is being put rather than
from the Identity of the users. (Emphasis added.)
In the case sub judice, there were no restrictions on the use of a dwelling in
South Middleton Township for multi-family living prior to the enactment of the zoning
ordinance in 1970. The Zoning Hearing Board found that before the zoning
ordinance was enacted, 729 Petersburg Road was being used by two families. The
fact that the Hagens, who were one of those families, were the owners of the property
is of no legal import because it Is the actual use to which the property was being put
prior to the enactment of the zoning ordinance rather than the identity of the users
that determines the nature of the nonconforming use. L1mley v. Zoning Hearing
2. The Ronans did not appeal from the decision of the Board that the use of
the basement as a separate apartment was not established before the enactment of
the 1970 zoning ordinance and, therefore, does not constitute a valid nonconforming
use.
-4-
98-0676 CIVIL TERM
Board, supra. The fact that the 1970 zoning ordinance only allows an apartment as
an accessory use with conditional use approval In a dwelling In an agricultural zone Is
also of no legal Import because the property was being used as a two-family dwelling
prior to the enactment of the zoning ordinance.
Even If, contrary to the law set forth In L1mley, a two family use of the dwelling
Is not the same use as existed prior to the enactment of the zoning ordinance
because at that time one of the families was the owner, the use for two non-owner
families Is a natural expansion of the nonconforming use, In L1mley, appellant
opened a public restaurant and bar In a building that had previously housed a non-
profit private club. The previous use as a private club was nonconforming In a
residentially zoned district. A zoning hearing board held that the use of the premises
as a public restaurant and bar was a new use and not a continuation of the existing
nonconforming use. A Court of Common Pleas and the Commonwealth Court
affirmed the zoning hearing board, but the Supreme Court of Pennsylvania reversed,
finding that the current use was "[s]imllar to, and a natural expansion of, the food and
beverage facility that constituted the existing nonconforming use." The Court stated
that "[L]abellng the users as members and quests of a private club or as members of
the general public is not determinative of the actual use of the premises." The same
reasoning applies to a two-family use of 729 Petersburg Road, and Is consistent with
the direction of the Supreme Court of Pennsylvania In Township of Chartlers v. W.H.
Martin, Inc., 518 Pa. 181 (1988), that "[o]nce It has been determined that a
-5-
98.0676 CIVIL TERM
nonconforming use Is In existence, and overly technical assessment of that use
cannot be utilized to stunt Its natural development and growth."
Appellant maintains, alternatively, that Intervenors' nonconforming use as
established by the South Middleton Zoning Hearing Board has been abandoned, For
a lawful nonconforming use to be abandoned there must be an Intent to abandon and
actual abandonment reflected by overt acts or the failure to act indicating
abandonment. Action Audio Service Inc. v. Upper Darby Township Zoning
Hearing Board, 699 A.2d 1375 (Pa. Commw. 1997), In Action Audio, the
Commonwealth Court stated that even where a zoning ordinance sets a time limit on
abandonment '1he expiration of that period creates a presumption of intent to
abandon the nonconforming use; however, the party asserting abandonment must
still demonstrate concurrent overt acts or failure to act which show abandonment." In
the case sub ludlce, the South Middleton Township Zoning Hearing Board concluded:
The record is void of any evidence suggesting that there were overt acts
or failures to act by Mrs. Hagen or by the Ronans that would
demonstrate an abandonment of any apartment use at the subject
property. Even assuming the subject property may have laid vacant for
more than twelve (12) months, the lack of any settled purpose by the
landowners to abandon the multiple family use at the subject property Is
clear from the record,
This conclusion is supported by substantial evidence upon which the Board was the
judge of the credibility of the witnesses,
For the foregoing reasons, the following order is entered,
-6-
.
,\
,
I
.f\
-, -, -..'-"- ....
~
. .
98-0676 CIVIL TERM
AND NOW, this
ORDER OF COURT
/.r.?1J..
Cod day of January, 1999, the decision of the Zoning
Hearing Board of South Middleton Township, IS AFFIRMED.
/
By the Court, // /
\ ~{w/
Edgar B. Bayley, J.
Ronald M. Lucas, Esquire
For Appellant
Edward L. Schorpp, Esquire
For Intervenors
:saa
-7-
i,.' .
f
I
-,
~\l
,