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Home My WebLink About03-3279SHIRENLANSTOWN ZONING HE~LRING BOARD, Appellant, vs. : BRADLEY E. HAUBERT and : P~MELA A. HAUBERT, : husband and wife, : Appellees : IN THE COURT OF COMMON PLEAS OF CL~MBERLA/qD COUNTY, PENNSYLV~/qIA CIVIL ACTION - LAW L~lqD USE APPEAL NO. NOTICE OF APPEAL OF THE SHIREPLANSTOWN ZONING HEARING BOARD The Shiremanstown Zoning Hearing "Appellant"), through its Solicitors, and James D. Bogar, Esquire, hereby files pursuant to Sections 908(9) and 1002-A of Municipalities Planning Code, 53 P.S. from notice of a deemed decision that Board (hereinafter Jennifer B. Hipp, Esquire, this Land Use Appeal the Pennsylvania ~ 10908(9) and l1002-A, caused to be published in The Patriot News on June 11, 2003, by Bradley E. Haubert and Pamela A. Haubert (hereinafter "Appellees") and states as follows: the Zoning Hearing Board for the Borough of Shiremanstown, Cumberland County, Pennsylvania, and has an address of One Lane, Shiremanstown, Pennsylvania, 17011. The Shiremanstown Zoning Hearing Board, Appellant, is Park wife, Appellees, Inverness Drive, Bradley E. Haubert and Pamela A. Haubert, husband and are adult individuals with an address of 1541 Mechanicsburg, Pennsylvania, 17055, and are owners of real property located at 309 East Green Street, Shiremanstown, Pennsylvania, 17011. 3. Appellees made an Application for Variance Requests regarding real property owned by them and located at 309 East Green Street, Shiremanstown, Pennsylvania, said Application being filed with the Appellant on or about January 14, 2003. 4. Appellant scheduled a hearing regarding Appellees' Application for March 4, 2003, at 6:00 p.m. 5. On February 13, 2003, Appellant requested that public notice of its hearing scheduled for March 4, 2003, be advertised in The Patriot News on February 18, 2003, and February 25, 2003. 6. The Patriot News failed to advertise said public notice as requested by Appellant. 7. On February 18, 2003, the Zoning/Codes Enforcement Officer for the Borough of Shiremanstown sent public notice of the hearing to be held on March 4, 2003, via first class mail, to all neighboring property owners and posted the property located at 309 East Green Street, Shiremanstown, with the public notice of the hearing to be held on March 4, 2003, by the Appellant. o 6:00 p.m. 9. Appellant conducted the hearing on March 4, 2003, at In attendance at Appellant's hearing on March 4, 2003, were approximately twenty-seven No. 1, attendance sheet of Appellant's 2003. 10. The hearing regarding Appellees' variance requests was continued from March 4, 1, 2003. (27) individuals. See Exhibit hearing held on March 4, application for 2003, until April 14, 2003, the Zoning/Codes Enforcement Officer Shiremanstown sent public notice of the hearing to be held on April 1, 2003, via first class mail, to all neighboring property owners and posted the property located at 309 East Green Street, Shiremanstown, with the public notice of the hearing to be held on April 1, 2003 by the Appellant. 13. In attendance at Appellant's hearing on April 1, 2003, were approximately twelve (12) individuals. See Exhibit No. 2, attendance sheet of Appellant's hearing held on April 1, 2003. March 25, 2003. 12. On March for the Borough of 11. Public notice of Appellant's hearing held on April 1, 2003, was advertised in The Patriot News on March 18, 2003, and 14. The hearing regarding Appellees' variance requests was continued from April 29, 2003. 15. application for 1, 2003, until April In attendance at Appellant's hearing on April 29, 2003 were approximately thirteen (13) individuals. See Exhibit No. 3, attendance sheet of Appellant's hearing held on April 29, 2003. 16. Substantial and significant evidence and testimony were presented by Appellees; Harold Kerstetter and Josephine Kerstetter, opponents of Appellees' variance requests; Myra M. Badorf, opponent of Appellees' variance requests; and many Shiremanstown Borough residents at the hearings conducted on March 4, 2003, April 1, 2003 and April 29, 2003. 17. No party or protestant appeared at any of the three hearings held on March 4, 2003, April 1, 2003 and April 29, 2003, to complain for lack of notice of a public hearing or that such prevented from testifying. Appellees assert that a deemed decision in their favor party was 18. resulted. 19. Appellees caused to be published in notice of a deemed decision in their favor on June Exhibit No. 4, copy of correspondence from James M. Esquire, attorney for Appellees, deemed decision. The Patriot News a 11, 2003. See Strong, and a copy of the notice of 20. Appellant files this Land Use Appeal from Appellees' notice of deemed decision as caused to be published in The Patriot News by Appellees on the basis that a deemed decision did not result and, further, that Appellee erroneously caused notice of such a decision to be published. WHEREFORE, for the reasons set forth hereinabove, the Shiremanstown Zoning Hearing Board files this Land Use Appeal to the alleged deemed decision as published by Appellees in The Patriot News and respectfully requests that this Honorable Court rule that a deemed decision did not, in fact and in law, occur and that the Appellees erroneously caused to be published in The Patriot News notice of the alleged deemed decision. Respectfully submitted, Jennifer \B. Hipp/ Esquire Pa. I.D. No. 86556 Solicitors for the Shiremanstown Zoning Hearing Board July 10, 2003 CERTIFICATE OF SERVICE We hereby certify that we are this date serving a copy of this Notice of Land Use Appeal as filed this date with the Prothonotary of Cumberland County, by sending the same upon the persons and in the manner indicated below: Service by first-class mail addressed as follows: James M. Strong, Esquire Motto, Evans & Woodside Attorney Bradley E. Haubert and 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Pamela A. Haubert Karl M. Ledebohm, Esquire Solicitor for Borough of Shiremanstown P.O. Box 173 New Cumberland, PA 17070-0173 Andrew C. Sheely, Esquire Attorney for Harold Kerstetter and Josephine Kerstetter 127 South Market Street Mechanicsburg, PA 17055 Charles E. Shields, III, Attorney for Myra Badorf 6 Clouser Road Mechanicsburg, PA 17055 Esquire Shiremanstown Zoning Hearing Board Jennifer ~. HipD) Esquire Pa. I.D. No. 86556 Solicitors for the Shirenanstown Zoning Hearing Board One West Main Street Shiremanstown, PA 17011 (717) 737-8761 July i0, 2003 SHIREMANSTOWN ZONING HEARING BOARD, Appellant BRADLEY E. HAUBERT and PAMELA A. HAUBERT, husband and wife, Appellees IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LAND USE APPEAL DOCKET NO. 2003-3279 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Appellees, Bradley E. Haubert and Pamela A. BY: Haubert, in the above-captioned matter. DATED: July 16, 2003 Respectfully submitted, METTE, EVANS & WOODSIDE 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Bradley E. Haubert and Pamela A. Haubert CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Jennifer B. Hipp, Esquire 1 W. Main Street Shiremanstown, PA 17011 Solicitor for Shiremanstown Borough Zoning Hearing Board Charles E. Shields, III, Esquire 6 Clouser Road Mechanicsburg, PA 17055 Attorney for Myra Badorf Andrew C. Sheely, Esquire 127 South Market Street Mechanicsburg, PA 17055 Attorney for Harold and Josephine Kerstetter Karl M. Ledebohm, Esquire P. O. Box 173 New Cumberland, PA 17070 BY: METTE, EVANS & WOODSIDE JAMES M STRONG, ES(~UIRE Sup. Ct. I.D. #81093 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Bradley E. Haubert and Pamela A. Haubert DATED: July 16, 2003 :331510 Andrew C. Sheely, Esquire 127 S. Market Street P.O. BOX 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) SHIREMANSTOWN ZONING HEARING BOARD, Appellant° V. BRADLEY E. HAUBERT and PAMELA A. HAUBERT, Appellees, V. HAROLD KERSTETTER and JOSEPHINE KERSTETTER, Intervenors IN THE COURT OF COMMON PLEAS CUMBEP~LAND COUNTY, PENNSYLVANIA 03 - 3279 CIVIL ACTION - LAW LAND USE APPEAL NOTICE OF INTERVENTION NOTICE is hereby given to all interested parties that Harold Kerstetter and Josephine Kerstetter of 307 East Green Street, Shiremanstown, Pennsylvania, adjacent property owners to Appellees' property which is the subject of an alleged deemed decision as duly advertised, hereby intervene in the above- captioned matter pursuant to 53 P.S. § 11004-A. Date: July 21, 2003 Attorney for Intervenors Harold and Josephine Kerstetter 127 South Market Street Shiremanstown, PA 17011 717-697-7050 CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I served a true and correct copy of the attached Notice of Intervention upon the below named individuals by depositing the attached document in the U.S. Mail, postage prepaid, at Mechanicsburg, Pennsylvania, 17055, on the date set forth below. James D. Bogar, Esquire LAW OFFICE OF JAMES D. BOGAR Shiremanstown Zoning Hearing Board 1 West Main Street Shiremanstown, PA 17011 James M. Strong, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 Charles E. Shields, III, 6 Clouser Road Mechanicsburg, PA 17055 Date: July ~1, 2003 Esquire Andrew C. Sheely, 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 ZONING HEARING BOARD OF BOROUGH OF SHIREMANSTOWN Appellants Vs. BRADLEY E. HAUBERT AND PAMELA A. HAUBERT, Husband and Wife, Appellee 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-3279 : CIVIL ACTION - LAW : ZONING APPEAL NOTICE OF INTERVENTION BY THE BOROUGH OF SHIREMENATOWN PURSUANT TO 53 P.S. SECTION l1004-A The Borough of Shiremanstown, by and through its Solicitor, Karl M. Ledebohm, Esq., hereby intervenes as a party appellant in the Land Use Appeal filed in the above captioned matter pursuant to 53 P.S. section 11004-A. Respect0ally submitted, s'uarl I~I. E~effeb6hm, ~s{~ preme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Solicitor for the Borough of Shiremanstown ZONING HEARING BOARD OF BOROUGH OF SHIREMANSTOWN . Appellants Vs. BRADLEY E. HAUBERT AND PAMELA A. HAUBERT, Husband and Wife, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-3279 CIVIL ACTION - LAW ZONING APPEAL CERTIFICATE OF SERVICE I, Karl M. Ledebohm, Esquire, hereby certify that on the 22nd day of July, 2003, I served the Notice of Intervention by the Borough of Shiremanstown upon the following individuals by first class mail, postage prepaid, addressed as follows: Andrew C. Sheely, Esq. 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 Attorney for & Josephine Kerstetter Charles E. Shields, III 6 Clouser Road Mechanicsburg, PA 17055 Attorney for Myra Badorf James M. Strong, Esq. Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorney for Bradley E. Haubert and Pamela A. Haubert James D. Bogar, Solicitor Jennifer B. Hipp, Solicitor 1 West Main Street Shiremanstown, PA 17011 Solicitor for Shiremanstown Zoning Hearing Board Respfc~fully sub ,~ted~ ,Karl M. Ledebohm, Esq. tSupreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Solicitor for the Borough of Shiremanstown SHIREMANSTOWN ZONING HEARING BOARD, Appellant BRADLEY E. HAUBERT and PAMELA A. HAUBERT, husband and wife, MYRA BADORF, Appellees Intervenor IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 03- 3279 CIVIL ACTION - LAW ZONING APPEAL NOTICE OF INTERVENTION Please take notice that Myra Badorf, an adult individual and 'adjacent property owner to the property of the Appellees involved in the purported deemed decision of the which this land use appeal is taken, hereby intervenes in the above-captioned matter. Date: July~t, 2003 Respectfully submitled, Charles E. Shields, III, Esquire Attomey for Intervenor Myra Badorf 6 Clouser Road, Mechanicsburg, PA 17055 Supreme Court PA ID 38513 717-766-0209 CERTIFICATE OF SERVICE I, Charles E. Shields, III, Esquire, do hereby certify that I served a true and correct cop3: of the foregoing Notice of Intervention upon the following below named individuals by depositing document in the U.S. Mail, postage prepaid, at Mechanicsburg, Pennsylvania, 17055. METTE, EVANS & WOODSIDE James M. Strong, Esquire 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 JAMES D. BOGAR LAW OFFICES James D. Bogar, Solicitor Shiremanstown Zoning Hearing Board 1 West Main Street Shiremanstown, PA 17011 A.C. SHEELY, ATTORNEY P.O. Box 95 Mechanicsburg, PA 17055 Date: July ~/ ,2003 I ? 7o Charles E. Shields, III, Esquire Attorney for intervenor Myra Badorf 6 Clouser Road, Mechanicsburg, PA 17055 Supreme Court PA ID 38513 717-766-0209 DEC 1 8 2003 BRADLEY E. HAUBERT and PAMELA A. HAUBERT, Appellants ZONING HEARING BOARD OF SHIREMANSTOWN BOROUGH, Appellee HAROLD KERSTETTERand JOSEPH1NEKERSTETTER, Inte~enors MYRA BADORF, Intervenor BOROUGH OF SHIREMANSTOWN, Intervenor : THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION .- LAW : : LAND USE APPEAL : : NO. 03-473 : : NO. 03-2767 : NO. 03-2883 : NO. 03-3279 : : NO. 03-4084 ~- : NO. 03~0'052 ORDER AND NOW, this /7 ~ day of ~ ,2003 upon reviewing the Joint Petition for Consolidation it is hereby ORDERED that the six pending land use appeals docketed to Nos. 03-473, 03-2767, 03-2883, 03-5052, 03-3279 and 03-4084 are hereby consolidated for disposition by the Court. 386341vl BY THE COURT PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and su~tted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: p]~aAe list the within matter for th~ next. Ar~3t~nmnt Court. CAPTION OF CASE (entire captio~ must be stated in ~111) Bradley E. Haubert and Pamela A. Haubert, (Appellants) Zoning Hearing Board of Shiremanstown Borough, (Appellee) Harold Kerstetter and 3osephine Kerstetter, (Intervenors) Myra Badorf, (Intervenor) Borough of Shiremanstown, (Intervenor) No. 03-473 No. 03-2767 No. 03-2883 No. 03-3279 No. 03-4084 No. 03-5052 1. State matte-r to be arc3a~ (i.e., plmlntiff'smotion for newtrlal, d~fer~mnt's d~z~-r to cc~plm~nt, etc.): Land Use Appeals docketed to above-captioned actions which have been consolidated by Order dated December 17, 2003. 2. Identify counsel wh~w~]] argue c~se: (a) for p]m~ntiff: James M. Strong, Esquire, Metre, Evans & Woodside Address: 3401 North Front Street, P.O. Box 5950 Harrisburg, PA 17110-0950 (b) for defe_n~mnt: See attached. ~ess: I Wll notif~ all par~ in writing within t~o days that this c~se b~s been I i steal for arc3~nmnt. ' 4. Argtm~_nt Cour~Date: E~ated: January 14, 2004 February 4, 2004 Attorney :for Appellan~ Jennifer B. Hipp, Esquire 1 W. Main Street Shiremanstown, PA 17011 Solicitor for Shiremanstown Borough Zoning Hearing Board Karl M. Ledebohm, Esquire P. O. Box 173 New Cumberland, PA 17070 Solicitor for Shiremantown Borough Charles E. Shields, III, Esquire 6 Clouser Road Mechanicsburg, PA 17055 Attorney for Myra Badorf Andrew C. Sheely, Esquire 127 South Market Street Mechanicsburg, PA 17055 Attorney for Harold and Josephine Kerstetter CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Jennifer B. Hipp, Esquire 1 W. Main Street Shiremanstown, PA 17011 Solicitor for Shiremanstown Borough Zoning ttearing Board Karl M. Ledebohm, Esquire P. O. Box 173 New Cumberland, PA 17070 Solicitor for Shiremantown Borough Charles E. Shields, III, Esquire 6 Clouser Road Mechanicsburg, PA 17055 Attorney for Myra Badorf Andrew C. Sheely, Esquire 127 South Market Street Mechanicsburg, PA 17055 Attorney for Harold and Josephine Kerstetter METTE, EVANS & WOODSIDE BY: 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Appellants DATED: January 14, 2004 BRADLEY E. HAUBERT and PAMELA A. HAUBERT, Appellants ZONING HEAR1NG BOARD OF SHIREMANSTOWN BOROUGH, Appellee HAROLD KERSTETTER and JOSEPHINE KERSTETTER, Intervenors Intervenor BOROUGH OF SHIREMANSTOWN, Intervenor THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : LAND USE APPEAL : NO. 03-473 : : NO. 03-2767 : : NO. 03-2883 iNO. 03-3279 / : NO. 03-4084 : : NO. 03-5052 JOINT STIPULATION OF COUNSEl, AND NOW, this ~-? ~' day of ~t¢e~-[ ,2004, comes the Appellants, Bradley E. Haubert and Pamela A. Haubert, by their attorneys, Metre, Evans & Woodside, the Zoning Hearing Board of Shiremanstown Borough, by and through its attorneys, the Law Office of James D. Bogar, Esquire, Harold Kerstetter and Josephine Kerstetter, by and through their attorney, Andrew C. Sheely, Esquire, Myra Badorf, by and through her attorney, Charles E. Shields, III, Esquire and Shiremanstown Borough, by and through its attorney, Karl M. Ledebohm, Esquire, and make their joint stipulation and agreement for an Order of Court, as follows: 1. The parties have agreed to settle all of the above-captioned land use appeals by stipulating and agreeing to an Order of Court for purposes of resolving all of the pending appeals from the decisions of the Zoning Hearing Board of Shiremanstown Borough and the Borough BRADLEY E. HAUBERT and PAMELA A. HAUBERT, Appellants ZONING HEARING BOARD OF SHIREMANSTOWN BOROUGH, Appellee HAROLD KERSTETTER and JOSEPHINE KERSTETTER, Intervenors MYRA BADORF, Intervenor BOROUGH OF SHIREMANSTOWN, Intervenor HAR 0 1 2004 : THE COURT OF COMMON PLEAS i CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : LAND USE APPEAL : NO. 03-473 ~ : NO. 03-2767 : : NO. 03-2883 : : NO. 03-3279 ~'/ : : NO. 03-4084 i NO. .ORDER AND NOW, this ~ ~ day of /n~/ta..~.~ ,2004 upon consideration of the Joim Stipulation of Counsel and upon the Court's review of the Settlemem Agreement between the parties thereto, it is hereby ORDERED and DECREED that the Settlement Agreement is adopted by the Court and the above-captioned land use appeals are hereby DISMISSED with prejudice. BY THE COURT 389776vi