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Home My WebLink About07-1886Duncan & Hartman, P.C. William A. Duncan, Esquire 1 Irvine Row, Carlisle, Pennsylvania 17013 717.249.7780 717.249-7800 FAX Attorney ID 22080 RODNEY L. YENTZER, CAROL M. YENTZER, JEFFREY A. YENTZER and RODNEY L. YENTZER II, t/d/b/a DOUBLIN GAP MOTOCROSS, INC. Plaintiffs vs. HOPEWELL TOWNSHIP BOARD OF SUPERVISORS Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA l 7013 Telephone: 717-249-3166 Duncan & Hartman, P.C. William A. Duncan, Esquire 1 Irvine Row, Carlisle, Pennsylvania 17013 717.249.7780 717.249-7800 FAX Attorney ID 22080 RODNEY L. YENTZER, CAROL M. YENTZER, JEFFREY A. YENTZER and RODNEY L. YENTZER II, t/d/b/a DOUBLIN GAP MOTOCROSS, INC. Plaintiffs vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOPEWELL TOWNSHIP BOARD OF SUPERVISORS Defendants :CIVIL ACTION COMPLAINT COMES the Plaintiffs, Rodney L. Yentzer, Carol M. Yentzer, Jeffrey A. Yentzer and Rodney L. Yentzer II, ,trading and doing business as Doublin Gap Motocross, Inc., by and through their attorney, William A. Duncan, and do file the following Complaint. 1. The Plaintiffs Yentzer are sui juris adut individuals having an address of 1146 South Pitt Street, Carlisle, Cumberland County, Pennsylvania for purposes of this litigation. Plaintiff Doublin Gap Motocross, Inc. is a Pennsylvania Corporation with a business address of 1146 South Pitt Street, Carlisle, PA 17013. 2. The Defendant Board of Supervisors are authorized to act on behalf of Hopewell Township, a duly organized and existing Second Class Township, with a principal office at 415 Three Square Hollow Road, Newburg, Cumberland County, Pennsylvania 17240. 3. Plaintiffs own and conduct a business known as Doublin Gap Motocross, Inc. At 100 Reasoner Lane, Newburg, Hopewell Township, Cumberland County, Pennsylvania. 4. At a meeting held on February 19, 2007, the Hopewell Township Board of Supervisors decided to amend Hopewell Township Ordinance No. 79-2, a copy of which is attached hereto, incorporated by reference and marked Exhibit "A". 5. The proposed amendment was adopted at a meeting held March 5, 2007. 6. Under the Second Class Township Code, 53 P.S. section 66601, ordinances are effective five days after adoption unless a date later than five days after adoption is stated in the ordinance. 7. The Ordinance Amendment was advertised in The News-Chronicle on February 27,2007. A copy of the Proof of Legal Notice is attached hereto, incorporated by reference and marked Exhibit "B". 8. The Second Class Township Code, 53 P.S. section 66601 provides that proposed ordinances, whether original or amended, shall be published not more than sixty days nor less than seven days before passage at least once in one newspaper circulating generally in the township. 9. 1 Pa. C.S.A section 1908 addresses computation of time under the rules of construction. Under these rules of construction, the first day of the period is excluded and the last day of the period is included. 10. Excluding February 27, 2007 and including March 5, 2007, the elapsed number of days is six (6). 11. The amendments to Hopewell Township Ordinance No. 79-2 are void ab initio due to the failure of the Board of Supervisors to comply with statutory notice requirements for enactment. Wherefore, the Plaintiffs request this Honorable Court declare the amendments to Hopewell Township Ordinance No. 79-2 null and void. RESPECTFULLY SUBMITTED DUNCAN & HARTMAN, P.C. illiam A. Duncan, Esquire Attorney for Defendant 1 Irvine Row, Carlisle, Pennsylvania 17013 717.249-7780 717.249-7800 FAX Attorney ID 22080 Dated: ~~ ~~ VERIFICATION The undersigned, having read the attached Complaint, hereby verifies that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S.section 4904 pertaining to unsworn falsification to authorities. Rodney L. Yentzer II, D~iblin Gap Motocross, Inc. Dated: VERIFICATION The undersigned, having read the attached Complaint, hereby verifies that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S.section 4904 pertaining to unsworn falsification to authorities. ~~ QL Jeffrey A. Yentzer Df'ublin Gap Motoc Dated: VERIFICATION The undersigned, having read the attached Complaint, hereby verifies that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S.section 4904 pertaining to unsworn falsification to authorities. Carol M. Yentzer 1lublin Gap Motocross, Inc. Dated: VERIFICATION The undersigned, having read the attached Complaint, hereby verifies that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S.section 4904 pertaining to unsworn falsification to authorities. Rodney . Yentzer Dublin Gap Motocross, Inc. Dated: Mar 05 07 03:04p HOPEWELL TOWNSHIP ORDINANCE N0. 79-2 AN ORDINANCE REGULATING PUBLIC GATHERINGS, PROVIDING FOR PUBLIC GAT1iERING PERMITS AND REQUIRING ADEQUATE FACILITIES THEREFOR, PRO- HIBITING CONSUMPTION OF ALCOHOLIC BEVERAGES AND POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BGBS ON PUBLIC PROPERT? AND PUBLIC HIGH- WAYS, PROHIBITING PUBLIC DxUNkSNNES3, AND PRO- HIBITING FIGHTING, INDECENT CONDUCT, AND GATHERINGS FOR UNLAFIFUL PURPOSE6 WITHIN THB TOWNSHIP, AND PRESCRIBING PENALTIES FOR VIOLATION. It is hereby ordained and enacted by the Board of Supervisors of Hopewell Township, Cumberland County, Pennsylvania, as follower p.2 Section 1. It shall be unlawful to hold, manage or conduct any public gather- ing, entertainment, or party of any kind in the Tow~rship, except in compliance with the provisions of this ordinance. Section 2. It shall bs unlawful to collect, gather, or be a member of any disorderly crowd, or any crowd gathered for nay unlawful purpose. Section 3. It shall be unlawful for any person to commit any indecent act; or to appear in any public place not propesly or decently garbed. Section 4. It shall be unlawful for any person to be in an intoxicated condition in or on any street, highway, or public place within the Township. Section 5. It shall be unlawful for any person to knowingly start a fight, or to fight, or to commit any assault or battery in any public place within the Township. Section 6. Any public gathering or event not held in a building shall ba term- inated not later than midnight, and it shall bs unlawful for any person to remain on the premises between the hours of 1:00 and 6:00 a.m.; provided that employees of the holders, managers or conductors of such gathering or event whose duties necessitate it, may remain on~the premises for the performance of such duties. • Section 7. No such gathering, entertainment, or party shall be held or pre- sented in any premises, unless ouch premises have been examined by the building inspector of the Township not•more than three days in advance of the data of such gathering and found free of any fire hasard and found to be suitable for the purpose. Section 8. It shall.ba unlawful, within Hopewell Township, for any person to drink "liquor" or "malt or brewed beverages" upon any public street, public munici- pal parking lot, private parking lot open to public nee or public park, or in any vehicle being operated or parked thereon. Section 9. It shall bs unlawful, within Hopewell Township, for any person to have in such person's possession or in a vehicle under such parson's control any open container containing "liquor" or "malt or brewed beverages" upon any public street, public municipal parking lot, private parking lot open to public Mar 05 07 03:04p Section 10: The following words or phrases, unless the context clearly indicates otherwise, shall have the meaning ascribed to theta in this section: "Liquor" sad "Malt or SYewsd Beverages" sad "Container" and "Official Seal" shall mean the same as those words sad phrases are defiasd in the "Liquor Cods" of the•Com~wawealth of Pennsylvania. "Open" when used in coaaectioa with a coatainsr shall mesa say coatainar which has been perforated in the case of a can or similar coatainar or a container on which the cap has been loosened or the cork displaced and the official seal tore or mutilated. Section 11: It shall be unlawful to hold, manage or conduct any public gatherings, entertainment or party within gopewell Township without providing for adequate sanitary facilities. Thera must be separate facilities or unite for males and females. Ali facilities, except where public water sad public sewer service is available, shall bs of the chemical type. All facilities during the operation of the public gatberiag, entertainment or party, must ba serviced once a day, at least. Suction 1~~: Any person, corporation or firm desiring to hold, manage or conduct a public gathering of a type covered by this Ordinance must make apglica- tioa to the Township Secretary for a permit at least ten days in advance of the gathering or event and pay to .the Township at that time any fee for issuance of said permit which the Township, by resolution, may impose. Application forms shall be provided by the Township and require such information as the Township, p.3 • ~:..;'' pr's HELP WANTED ,, PV1C0. 3 BR, Split Foyer,l BA, n Rd. Opt 2nd, Country Kitchen M /~ • -'/'"'~ N P O W E R .~)« 2 MENNONITES Girls willin , 2CarGarage,Yourtotor in Partnership wi#h I g tq glean nq~ses' gall 71T LECAt _ Ours. $98,500. Other Models Available. I ngersoll Rand JQB FAIR 977-2232 F/T MAT The Board of Supervisors of bounty Penns l s2zso.oo , , y vania; will me ERIAL HANDLER LOANS AVAII ea-tFl oo.oo si25o oo Ho & Wednesda , Februa y ry Z8 , starting wage, $9/hour. Great meanny, March 5, 2U07, at T; " . me Land Packages with t50°•~° No lypfront Fees 8 NO P.M.I. .k s tso.oo 9 Cl.rr1.-~ p,m, benefits.:Oppgrtunities for ad- 415 Three,Square Hollow Rqa , vagcemenL Carl Rosenber Place the following ordinari " Keaa Bad Credit... No Problem! R«""° Ct ry scheduled :to be adgpted. A cb ` & Sons Lumber, Inc. 717-349- P 717.423-5575 k serv~re ~ N G E RS O L L RAND 2289. . available at the township Btu ' Road, Newburg EA and attha . > CARD OF THANKS • ~ 312 Ingersoll Drive, Shippensburg , . full te>a t:gpy-qf me gomplete t "~, t l y ~ IvicES ?'hank You .. I'tnmed[4te".Openings Fo " ~ as o lows: - ~~ 'RATORS, 'TTieF'amiCyofGrace~• r ~ , :i '`M@ChC]C3iCCIlASSB171fJ12CS ~ Local, Private Human ~ HOPEWELL ~ - ORDIN,9NCEN0 ti '1`~ washers, Lehman wouCC(ke ro rs, micro- t(urnk ou or ~ y • MC1Cjilll'lEf 0{~~CClfpfS '~"Fj;~ 1 ,` • Services Agency expanding its well .,,_• AN ORDINANCE QF THE TOIy(bl ~" '- s, vacuum acts fki dnesshown ~e~dF=LS •: i" _` established Foster Care 8F-BLAND COUNTY PENNSY'~ M 1 ;Repair, rouscfurirrgrheyassing. of ou d d ~ WC1}"ej~OUSE ASSOCIC]fBS ~O~'I'O0k1°gfor razin f il , AMENDINGHQPEWELLTQyyNS~ t7A' r evote wife and ~~ mother. She was "one of - " . BRING TWO FORMS OF ID g am ies who will open their homes to WHEREAS, there exists and Ordin" "` ~ - ~~ "~ a kin~P' andwfCl6e miser( children in need. gatneringS" in: Hopewell Tgwnship ~~ 2l specialthank you to the fop Soil, Docfars, T(urses, Assis- .829 Wayne Avenue Manpower Chambersburg 300 S: Fayette St, Training and 24 hour support provided , vania which S Ordinance 79.2; end t 9400 tarts, andsta ar the CarCrsfe Re ~ cal hot- gionaCMe ic C Shippensburg 264-7844 t~+$Ori ~c3'.+r'E?;r 532-2060 , 7'HE CHILDREN S 979 Rand S said'-0rdinance 79.2rvi~`{ ,~ ~~ ' , a Center, r icaC G aham 9tt¢r( a AII) SOCIETII .~ f, l & w ~ ' V ;, ble Cynic arufC~reen Ridge also let freez• village• ]'our compassion- r ~ ~ i ~71~ 263-4159 WHEREAS; the Board~of:Superviso well. deems it in the best i t .Tender ate arufnwr'alsuyyortwas reei a i d ~ • FULL-MME . n erests o ", of Hopewell fortheirgeneral health,~wetfars ` O di ~ ~~' AC yp ate ve m- J o rTurse who ry "~ nuf1Or`af L0Y1~~'- SCHADD DETECTIVE AGENCY" is currently r nartce 79.2; and ' . , ~ ~ ~ ~ s & Box rion in ~" m+me, we rFianE ou FinaCl accepting applicatiogs for.positiona in the ehambersburg area A li s NQw WHEREAS, the Board of Superv~s6 ~ d th r . we wou(dCike all 776- y ro thank ~i• church con- . pp cant must have a PA driver's license, transportation and a clean oli ~r~n~ e ge at the impact on the comma facts the surrounding commugrt ind ~ i ~' gregarian and Reverend t1RE - p ce . rflCOrd. W@ Off@r health benefits for full tlme y. those using roads and highways yyay1e Goo~fortheirsin- 9wvdle. G¢+'ity andsupport, gr was it & - , vacation, time and a halt for holidays worked and -8tlr@m@nt plan. crBase~ me need.fgr,;emerger,ey s `" Wyment of residents of their propert e ` n ure a(( great y aypreciateef. t2. or Call our:main office 1•$00-632-9032 t RNs. & LPNs NEEDED: for high tech cases fn the y; ` `fi WHEREAS, Jarge gatherings of ers ' • •' ?'he Lester ?{, ~~ Lehman 'Fami! y o reyUest en epplicatlon, or o scttad¢.com submit b F d load one at ~&~ 7 y ax 717 Dills6urg, Wellsville 8 Chambers btug areas p q al trash, noise and air pollution, ands'a environment, waterways, and open: spa ~`' ~ 1 Or roaN t0' . Night shifts, weekend day q less properly regulated. < ' ~^ 9a Burr 'MEMO RIAM 1114 Rooselteg Avenue, York, PA 174.04.2347 and night available. f¢OW THEREFORE. BE IT ENAC ~~~ ~" r ''° T hrC~ll fr s ~ i 4n Lovfn ?rtemor r.: n~r~ of ~ ~:.w, l EOE - ...~... ~ RNs & 1.,PNS NEEDED for Medtum tech case in Board of`Supervlsors of the.Townshj >rollPly, Pennuylvania, and rt is hereti ' ~ ~`.I ~~ Clementine Z 9ls e the Idaville areas. Day & i folbws: r . p r ~~~ ' nighi snifts available 7 ty, Big L+'hopassedaway t5 years till °g° on Fedruar s ~~~ , days a week: , SE~FION I Section 1Mot,fltdr~ as. follows: This ordinance is int y or s 9, r99~ dl 717• i7 ermanent ~OSltwn RNs & LPNS NEEDED gathering of 450 individuals or mot` ?Mere is no lsBht witFiour rfi+wnin 9•(owint i h , ExcellEnt Wprking COnditlOnS. for low tech Cases in the Shippgnsburg area. Ni ht 9 gatherings of fewer than 450 peopl "` landed to apply o an Y Pt!blic gat~ie ~~ g, erw t - our a spring, And 6eyoruf ~~ I~eCIUICeS SOnle e1Cer11r1gS & Weel(endS, shdts available. , whera'all persons in attendance are F ~~: 5 ~~ horizon our t••~ ~twflh heam once morewi(Cs" ,~ & ~. Must be.able to use a 10-key calculator efficiently crras & HHAs NEEDED for the Sh1 PPensburg-and- Cn b ' SECTION II. This 0 i ~~~C`l'^1f~i y1 y lydnance-snall be t cage, F•or those who leave us for am ersburgareas.All . . erena ptment. uded. awhile, have on(yeor¢ fits. away.. Out of a resrCess shifts available. Top Pay; Flexibilit 401K ~': '0'''~ 'SECTION III. SEVERANCE CCAIyS~ ' I ~ ~ f r _ b . careworn worCd Into a "- "'Brighter da " ~ y, , .Instant Pay, Direct De i pa agraph, clause or phrase. of this Or constitutional or invalid by a Court rof ~~ , . +` c ' y mother's love is a pre- + , ' • 1 a pos t AHotdable HA•10/PPO Medical, , DisabllRtY & Lil ~, remainder of said Ordiriance shall nof~b' shalt"remain in full for ce and effect ;tiF'l~~dts.i r, " . `.: - °' ~` . eious flung. SucFe jay and Used laughter it can 6ri ~ to 'For allthe many i~ts _ - ~ • e InsuraryCe. ' ~ , ENACTED AND ORDAINED into an Or ~~ ~>`~aq `~ dayof-March, 2007.~,~,':, e s g I'#1et she'llshare.Letyour man mom how much you'care! ~ ' + ~~- "•:+t:y> Board of S s~ • Township~o iter- Sadly missed dy, iqa- Jesse C. Asper Part Time ' ~ - y~ . reli- and Famt'ly Responsibilities include: . ». { ' `' ~ ~ x -• '' .. maf Managing $ti reconciling cash register, gift cazd , ' __'s'1 fi by _ `4 ~'~~ ~ ' t•ar HELP WANTED tus and lottery sales. Cash handling & customer service experience pteferzed but ~ ~" ,. ry by ~ • r ~ . ~?- ~ ~- not necessary. ~?R11I train,rightcandidate. Applicant must lie , ~ zs•'~~ available'to work evenings and weekends. ' ` •~ • . $7.QQ/hr. Candidate wyst ass b k y„ »'~ ':^: s~N J•, Winder, Attomey~atlaw ~ '~ ° ;" r'? + ~ ~ "` withsomemamtenance p , ac ground check ~. ' ,. t g v ~ r~ ~ .~~ ~i~'F experience, for errata sawrigil. ~- Benefits imm~decorn~~y APPIJ' in person at the ` ~.~C F>~tyARy~ 7 20o-~ ~~ •: ~ ". paid health msurance~ Custpmer Convenience ~/ EAH~B~ , , ~ ~ '~~ ~. ~ ~ renrement plan. ~ _ EOE' , . '- ' ;% ;e tEG}1L NRTJCF' lh ARL ROSEhIBERRyz& ~ S L ~ ~ - .: ~ + 2~ tn ak OA1S ~•tlasR, ~lvc to t lVdwlgn 7awri~~oa{ . 7446 Path YaNey Rd: ~ ~ , , tdg?tiDa A. ; ^ Fo~yLoudon. PA 717_•teo_~~on - l!' J• 1 ~ r.. qt {,AVtgiq Ttlepu6l"ic~ s. < ` { , Proof of Publication of Notice in rhhe News-chronicle COUNTY OF CUMBERLAND HOPEWELL TOWNSHIP/ORDINANCE COMMONWEALTH OF PENNSYLVANIA Leslie R. Berrier, being duly sworn according to law, deposes and says that she is the Manager of "The News-Chronicle," which is a bi-weekly newspaper of'general circulation published in Shippensburg Township, Cumberland County, Pennsylvania, by Latrobe Printing and Publishing Company, a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania having its principal place of business at 1011 Ritner Highway (P.O. Box 100), Shippensburg, Pennsylvania; that she is authorized to and does make this affidavit on its behalf; that the printed notice, advertisement of publication attached hereto is the same as was printed in the regular editions and issues of "The News-Chronicle" on the following date(s) February 27 ~ X007 Affiant further deposes that neither.she nor "The News-Chronicle" and The Latrobe Printing and Publishing Company have any interest in the subject matters of the aforesaid notice or advertisement, and that the facts set forth in the foregoing affidavit is true and orrect. ~~ S subscri d befo a me this Day of C~ ,2007 Member, Pennaylvanta Auoolauon of To: "The News-Chronicle" Shippensburg, PA 17257 For publishing the notice attached hereto: On the stated date(s) ................ $ 115 75 Affidavit ..............................$ Z 00 Total ................................. $ 11775 Copy of Notice of Publication rv --~ O _._,, ~ ~ ~_, 'T~ O '^7 ~~ °~ ~' _ :~ `X t°y 3 :.C ~~ SHERIFF'S RETURN - REGULAR CASE N0: 2007-01886 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YENTZER RODNEY L ET AL VS HOPEWELL TOWNSHIP BOARD OF SUP STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOPEWELL TOWNSHIP BOARD OF SUPERVISORS the DEFENDANT at 1600:00 HOURS, on the 11th day of April 2007 at 415 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240 by handing to GENE MELLTNGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 19.20 Postage .39 Surcharge 10.00 .00 `1~~9/b`1 ~, / 47.59 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 04/12/2007 DUNCAN & HARTMAN By ~ ~,~~~~ De uty Sheriff A.D.