HomeMy WebLinkAbout07-4122,!
HOPEWELL TOWNSHIP BOARD
OF SUPERVISORS,
Plaintiff
v.
RODNEY L. YENTZER, II,
RODNEY L. YENTZER, CAROL M.
YENTZER AND
JEFFREY A. YENTZER, t/d/b/a
DOUBLIN GAP MOTORCROSS, INC.
Defendants
IN THE COURT OF COMMON
PLEAS CUMBERLAND COUNTY,
PENNSYLVANIA
No. CIVIL TERM
CIVIL ACTION - EQUITY
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 17013
Telephone: (717) 249-3166
HOPEWELL TOWNSHIP BOARD
OF SUPERVISORS,
v.
Plaintiff
COURT OF COMMON PLEAS OF CLIMB-
: BERLAND COUNTY, PENNSYLVANIA
No. CIVIL TERM
RODNEY L. YENTZER, II,
RODNEY L. YENTZER, CAROL M.
YENTZER AND :CIVIL ACTION - EQUITY
JEFFREY A. YENTZER, t/d/b/a
DOUBLIN GAP MOTORCROS5, INC.
COMPLAINT FOR INJUNCTIVE RELIEF
COMES now the Plaintiff, Hopewell Township Board of Supervisors, by and through its
Solicitor, Sally J. Winder, Esquire and does file this Complaint for Injunctive Relief requesting
that the Doublin Gap Motocross be enjoined from any further use of the Motocross track and
property at 100 Reasner Lane, Newburg, Hopewell Township until Defendants are in strict
compliance with all Hopewell Township Ordinances based upon the following representations:
1. The Plaintiff Board of Supervisors are authorized to act on behalf of Hopewell Township,
a duly organized and existing Second Class Township, with a principal place of business at 415
Three Squaze Hollow Road, Newburg, Cumberland County, Pennsylvania 17240.
2. The Defendants are Rodney L. Yentzer, Cazol M. Yentzer, Rodney L. Yentzer, II, and
Jeffrey A. Yentzer are sui juris adult individuals trading and doing business as Doubling Gap
Motocross, Inc., a duly organized Pennsylvania corporation having a principal office address of
1146 South Pitt Street, Cazlisle, Cumberland County, Pennsylvania.
3. Defendants own and operate Doublin Gap Motocross, Inc. at 100 Reamer Lane,
Newburg, Hopewell Township, Cumberland County, Pennsylvania.
4. Plaintiff Township has duly enacted Ordinance 79-2, and Ordinance 07-02 amending
Section 14 of Ordinance 79-2, copies of which are marked Exhibit "A" and "B", attached hereto
and incorporated by reference herein.
5. Pursuant to Ordinance 79-2, Defendants did apply for, and were issued a Public
Gathering Permit for June 24, 2007, in conjunction with the motocross activity scheduled at 100
Reasner Lane, Hopewell Township, for that day as listed on their website as "LL Youth
Regional." A copy of said Public Gathering Permit is attached hereto, marked Exhibit "C" and
incorporated herein by reference.
6. Also scheduled on the Defendants' website is June 22, 2007, "Friday June 22, 2007
Practice Day 10:00 a.m. to 4:00 p.m.
7. Defendant never applied for, nor obtained, a Public Gathering Permit for Thursday, June
21, 2007, or, Friday, June 22, 2007.
8. Plaintiff Hopewell Township Supervisors observed campers, trailers, pick-up trucks and
automobiles entering the motocross property from Thursday evening through the early hours of
Friday, June 22, 2007, parked and camped throughout the motocross premises including the area
which is usually designated as the practice track, as shown on the photograph, marked Exhibit
"D" attached hereto and made a part hereof.
9. Defendant, Rodney Yentzer, II, when asked on Friday, June 22, 2007, why he did not file
an application for a permit advised the Supervisors that he did not know how to respond and that
he guessed the Township would have to fine him.
10. Plaintiff believes and therefore avers that the Defendants exceeded the 450 persons
gathered at 100 Reasner Lane, Newburg, Pennsylvania which would require a Public Gathering
Permit for Friday, June 22, 2007.
11. Plaintiff believes and therefore avers that it was the intention of Defendants to continue to
be in violation of Section 6., Ordinance 79-2, as amended, by permitting the people who drove
campers and other vehicles onto the premises Thursday, Friday and Saturday, June 21 through
23, 2007 to remain there in violation of the Ordinance which requires that any event not held in a
building shall be terminated not later than midnight, and it shall be unlawful for any person to
remain on the premises between the hours of 1:00 and 6:00 a.m.
12. Plaintiff believes and therefore avers that Defendants did not provide adequate or proper
sanitary facilities as required by Ordinance 79-2, as amended on Friday June 22, 2007 and
Saturday June 23, 2007.
13. Defendants' failure to obtain a permit and require the necessary sanitary facilities causes
immediate health hazards and potential for irreparable harm to human health.
14. Defendants' failure to properly water the track and the roadways at the premises causes
dust that impedes safe use of the track by youth riding motorbikes and members of the public
using the access road as well as dust which travels to other property not owned by Defendants.
15. Defendants' willfully and intentionally failed to apply for or obtain a public gathering
permit for Friday, June 22, 2007, and Saturday, June 23, 2007, knowing that they would be in
violation of the Township Ordinance 79-2, as amended if they permitted campers and trailers to
remain on the premises after midnight while occupied by attendees of the motocross event.
16. Plaintiff Township has filed civil complaints before the District Justice for violations of
the Township Ordinance 79-2, as amended, failing to obtain a permit for Friday, June 22, 2007
and Saturday, June 23, 2007. A hearing is scheduled for July 31, 2007.
17. Defendants have filed an application for Public Gathering Permit for Sunday July 15,
2007 in conjunction with their July 14 and 15, 2007 advertised practice and racing events.
1$. Plaintiff believes and therefore avers that Defendants anticipate attendance at the practice
day July 14, 2007 will exceed 450 people.
19. Plaintiff believes and therefore avers that Defendants refuse to file an application for
public gathering permit for the first day of the weekend advertised events because they actually
permit, and collect a fee from attendees for, overnight camping and encourage people to camp on
their premises which is in violation of the Township Ordinance and the permits issued.
20. Plaintiff believes and therefore avers that as in the past Defendants will only apply for
and obtain permits under Ordinance 79-2, as amended, for Sundays because events end on
Sunday by dark and all campers and attendees usually leave the premises before dark on Sunday
evenings.
21. Plaintiff further believes that Defendants will continue this practice of obtaining permits
only for Sunday when they in fact anticipate attendance in excess of 450 people because
Defendant Rodney Yentzer, II has stated that he cannot apply for permits and be in compliance
because he allows people to stay on the premises all night.
22. Plaintiff Township has also filed complaints against Defendants for violation of the
Hopewell Township Zoning Ordinance as a result of Defendants allowing camping to occur on
adjacent premises owned by Defendants Friday through Sunday, June 22 through 24, 2007, on a
tract of land zoned agricultural for which Defendants have a conditional use permit specifically
denying use of this property for overnight parking or camping in connection with motocross
events.
23. Defendants have never applied for or obtained a campground conditional use permit for
the premises although they use both tracts as campgrounds on race weekends.
24. Plaintiff Township has received complaints from township residents that the noise from
the racing and the loudspeakers interferes with their quiet enjoyment of their residential
properties; that the dust created by the motorcycle racing causes a thick film of dust to cover
their windows, cars, and residences and causes unhealthy amounts of particulate matter to be
breathed by them on their own properties; that people staying in the campers are noisy at night
disturbing the peace; that campers shooting off fireworks and burning open fires create fire
hazards which are a public safety concern for the motocross premises as well as adjoining
properties; that noise from the racetrack has on Sunday mornings interfered with church services
at the adjoining church property; overcrowded and disorderly parking has impeded ambulance
and emergency equipment responding to injuries and accidents occurring at the motocross.
25. Plaintiff Township believes and therefore avers that Defendants have violated
Department of Environmental Resources Air Quality standards for dust and particulate matter.
26. Plaintiff Township has filed complaints in the past; Defendants were found guilty of
violating the Township Ordinance 79-2; however, presently Defendants continue to apply for
permits for Sundays but refuse to apply for permits for Friday or Saturday when they anticipate
attendance levels at events which would require permits.
27. Under the Ordinance 79-2, as amended, the Defendants are subject to inspection by the
Township and its codes enforcement officer to verify that the premises are free from fire hazards
and are suitable for the event, including proper sanitary facilities, and that the other provisions of
the Ordinance are, or will reasonably be, anticipated to be met.
28. On June 24, 2007, the Township building code officer attempted to conduct such an
inspection in connection with the Public Gathering Permit issued for that event; however,
Defendants refused access to the premises by the building code officer, thus violating Ordinance
79-2, as amended.
29. Based upon the past pattern of action by Defendants in failing and refusing to apply for
permits under Ordinance 79-2, as amended, for days other than Sundays, Plaintiff believes and
therefore avers that Defendants have evidenced a willful and wanton disregard for the law and an
intention to ignore and violate the Township Ordinances.
30. Further Plaintiff avers that it has no other mechanism to prevent violation of the
Township Ordinances under the present circumstances other than to request that the Court
exercise its equitable powers enjoining use of the premises at 100 Reamer Lane, Newburg,
Hopewell Township, Cumberland County until it has applied for and obtained permits under
Township Ordinance 79-2, as amended, for July 14, 2007, as well as for Saturday August 18,
2007, Sunday August 19, 2007, Saturday September 1, 2007, Sunday September 2, 2007,
Saturday September 29, 2007, Sunday September 30, 2007, and every Saturday and Sunday
thereafter listed on the 2007 Schedule of Events of Doublin Gap MX Park, Inc.
31. Plaintiff Township requests an immediate injunction and order granting the relief
requested because Defendant has evidenced a set pattern of obdurate and willful misconduct in
the disregard of the Township Ordinances, regulations, and permit process which will cause
immediate and irreparable harm effecting the public and residents of Hopewell Township as set
forth above. All of which cannot be remedied by action after the fact.
32. The Plaintiff believes and therefore avers that Defendant interfering with the quiet
enjoyment of their properties by township residents, breathing of excessive quantities of
particulate matter from clouds of dust from the motocross, being forced to listen to the
loudspeakers and noise from the motocross, having their sleep interrupted by rowdy and
boisterous campers at the motocross, are all immediate and irreparable harm to be borne by the
Township as a result of the willful, obdurate, and illegal conduct which can be reasonably
expected of the Defendants on July 14, 2007.
33. Plaintiff Township does not have any other remedy available to control the illegal
conduct of Defendant in that the only other action which Township may take is to file complaints
before the District Justice for imposition of civil penalties after the fact with hearings scheduled
long after the violation.
WHEREFORE, Plaintiff prays this Honorable Court enter an immediate and temporary
injunction enjoining Defendants from conducting any motocross activities or events on the
premises at 100 Reasner Lane, Newburg, Hopewell Township, Cumberland County, July 14,
2007, without first complying in all respects with Township Ordinance 79-2, as amended. And
further enjoining Defendants from conducting any motocross activities at 100 Reasner Lane,
Newburg, Hopewell Township, Cumberland County, until further order of court after full and
complete hearing of the matters contained herein.
Respectfully submitted,
Sally J. W er, Esquire
Attorney for Plaintff
9974 Molly Pitcher Highway
Shippensburg, PA 17257
(717) 523-9476
VERIFICATION
I verify that the statements made in this pleading are true and correct to the best of my knowledge,
information and belief and that as an elected member of the Board of Supervisors I am authorized to execute this
verification. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904,
relating to unsworn falsification to authorities.
`"'~ 1:
Date: /
IIOPEWEI.L TOWNSHIP
ORDINANCE AiO. 79-2
AN ORDINANCE REGULATING FITBLIC GATHERINGS,
PItOVIDZNG FOR PUBLIC GATHERING PERMITS AND
REQUIRING ADEQUgTE FACILITIES TIIEREFOR, PRO-
RIBYTING .CANSUI~PTION OF ALCHOHOLIC BEVERAGES
AND POSSESSION OF OPEDT CONTAINERS OF ALCOHOLIC
BEVERAGES ON PUBLIC PROP sT'RTY AIdD PUBLIC RIGH- '
WAYS, PROHIBITING PUBLIC D~tUNKEI+TNL~SS, AND PRO-
HIBITING FIGHTII+IG, ZNDBCBNT CONDtTCT, AND
GATHERINGS FOR UNLAWFUL PISRPO5ES WITHIN 'fflS
TOWNSHIP, AND PBESCRIB7:NG PEI4AI.TIES FOIL
VIOLATION.
It is hereby ordained and enacted by the Beard of Supexvfsors of Hogcwell
Townehi.p,'CumbeXland County, Pennsylvania, ae follows:
Section 1. It ah81~. be unlawful to hflld, manage ar eoAduc~C any public gather-
ing, entertaimnent, or pasty of any kind i.n the Township, except i.n compliance with
the provisions of this ordinance.
Section 2. It shall be unlawful to collect, gather, or be s member of any
disorderly crowd, or gny crowd gachexed far any unlawful purpose.
Section 3. It shall be unlawful for any person_ta coma2t any indecent act;
ox to appear in. any public place not properly or decently garbed.
Section 4. It aha3.1 be unlawful far any person to be in ati intoxicated
condition in or on nay. street, hi.ghwsy, or public place within the township.
Section 5_ It shall be unlawful for any person to kaoaringly stazt s fight,
or to fright, or to commit any assault or battery in any public place within the
Township. ~ .
Section ~ 6. At~y public gatherins ar event not held in a building shall be tertir-
i.nated not later than ~sidnight, and it shall be unlawful for any person to remain
an the premises between the hours of 1:00 and 6:00 a.m.; provided that employees
of the holdcxs, managers or conductors o£ such gathering or evexit whose duties
necessitate it, may remaa.n on~the premises fox the performance of such duties.
Section 7. Na such gathering, entertainment, or party shall be held or pre-
santcd in any premists, unless such premi.ae3 have been examined by the building
inspector of the Tot.raehip not more than three days in advance of the date of such
gathering and found free of nay fire hazard and found to be suitable for the purpose.
Section $. It shall be ual.awful, wi~,thin Aopevell Township, fa=~ any persaa to
drink "liquor" or "malt or brewed beverages" upon any public atzeee, pub-1i.c munici-
pal parking lot, private parking lat open to public use or public park, ar in anq
vehicle being opera~ced ax parked thereon. .
Section 9. 'It shall be unlawful, within Ropewell Township, for any person
to have in such person's possession or in a vehicle under such person's control
any open container cantainiug "liquor" or "m,~lt or brewed beverages" upon anp
public street, publ:ie municipal parlc3ng lot, private parking lot open to public
use oz ptiblic park.
~xF~6~H 9
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Section 10: The followin6 words or phrases, unless the context clearly
indicates otherwise, shall have the meaning ascribed to them in this section:
"Liquor" sad "Malt ar Brewed Beverages" and "Container" and "Official
Seal" shall mean the same as thowe words and phrases are defined in the
"Liquor Code" of the Commom~ealth of Pennsylvania.
"Open" when used in connection with a containez shall mean any container
which has been perforated in the case of a can or similar container or a
container on which the cap has been looetneci or the cork di.splsced and
the official seal torn or mutilated.
Section 11: It shall be unlawful to hold, manage or conduct say public
gatherings, entertainment or party within Aapewell xownship ~.*ithout graviding
for adequate sanitary facilities. There must be separate facilities or units
for.males and femalss. All facilities, except where publze aster ai-d public
sewer scrvicE is a~railable, shall be of the chemical type. A.11 faci.llties
during the operation of the public gathering, enterfiaiament or party, muse be
serviced once a day, at least.
Section I~Z~i lSny person, corporation or fizm desiring to bold, manage or
conduct a public gathering of a typ¢ covered by this Ordinance neust make apglica-
tion to the Township Secretary for a gzrmit at least ten days in advance of the
gathernAg or event and pay to the Township st that time any fee for issuance of
said permit which the Towne2~3-p, by resglution, may impose. Applicat3.on forms
shall be pravxded bq the Township and require such information as the Township,
by resoluti,on, deems necessary and pertinent far the effective enforcement of
tltz gravi61on9 of this (lxdinance. Upon compliance with this section and with the
provisions of this Ordinance, tha Township S~ecreeary shall issue the appropriate
permit. •
Section 13: The Township may require she posting of cash bond, or surety
bond with two oz mare sureties satisfs~ctorq to the Township, or with s cozporate
surety, in an amount which will reimburse the Township far its costs of tlesn-np,
naiAtenance, and repair following the conduct of any public gstiiering within
the Township Coatzary to the provisions of this Ordinance, prior to the issuance
of Che appropriate permit-
Section l4: This dxdaaance ~Ls not intended to apply to any public gathering
of less than 754 _ individuals, and is not intended to apply to any public gather
ing where all the pexsoas in attendance are slated by blood or wgrriage.
Section 15: Any person, firm or corporation violating spy provision of this
Ordinance eha].1, upon sutmnary conviction thereof, be sentenced to pay a fine of
not more than three hundred ($300.00) Dollars, and costs of prosecution, and, in
default of payment of such fine and costs, to imprisonment for not more than
ninety (90) days.
Section 16: zf say sentence, clauez, paragraph, seetian or po=tion of this
Ordinance is declared by any Court of competent jurisdiction to be illegal,
invalid or unconstitutional, such declaration aha2l nat affect the rer-aining
pxcvfsions of Ibis fhdin.ance.
Enacted tlils ~}!~ day of August, 2979.
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,Alverda t;_ Ocker, Secretary George A I~onvcr,~ Chairma ~ ~~
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HUPEWELL TOWNSHIP
OTtUINANCE NO._._.
~+~-N O1tDINANCE OF TIC TOWNSHIP OF I-IQPEWELL,
CUMBIRLt1,NI7 COUNTY, PENNSYLVANIA, PROVIDING Fph2
AMENDING HOPEWEI..L TOWNSHIP ORDINANCE N0.79-2
W~I~AS, there exists an Ordinance regulating ccrta%n public gatherings
in ~iopewell Township, Cumberland County, Pennsylvania which is
Ordinance 79-~; and
WHEREAS, said Ordinvice 79-2 was duly enacted August 6, 1979; and
WHEREAS, the Board of Supervisors of the `I'ovrmship of 1`Iopewell dccrrxs
it in the best interests ofthe citizens of the Township of 1*Iopewell for their
general heahtht, welfare and safety to amend Ordinance 79-2; and
'~~AS, the Board of Supervisors of the Township of Hvpewel l
acknowledges that the impact on the community of barge gatherings affects
the surrounding community including the general weIfarc of those using
roads and highways located within the Township, increases the need for
emergency services, impinges the quiet enjoyment of residents of their
property; and
~S, large gatherings of persons tends to create additional trash,
noise and air pollution, and adversely effect the natural environment,
waterways, and open spaces of the Township unless properly regulated.
N0~11V TI iERBFOTT~E,13E IT ENACT Eli AND ORDAINED by the Board o€
Supervisors of the Township of Hopewell, Cumberland County,
Pennsylvania, and it is hereby enacted and ordained as follows:
SECTION I. Section 14 of Ordinance 79-2 is amended to read as follows:
This ordinance is intended to apply to nny public gathering of 450
individuals or nnore, and it shall not apply to gatherings of fewer than 450
people. This Ordinance is not intended to apply to any public gathering
within the 'T'ownship where all persons in attendance are related by blood or
marriage. .
EYh+~,i1' f~
. .
SEC~:ION l1. This Ordinance shall become effec:livc f ve days after
enactment.
SECT70N III. SEVERANCE CLACtSE -Should any section, paragra}~h,
ctause or phrase of this Ordinance be declared unconstitutional or invalid by
a Court of ~;ompetent jurisdiction, the remainder of said Ordinance shall not
be affected thereby, znd shall remain in full force and ~f'fect.
SECTION N. REPEALER CLAUSE
All Ordinances or parts of Ordinances or Resolutions conflicting with the
provisions of this Ordinance arc hereby repealed to the extent of such
conflict.
ENACTED ANi3 ORI}AINFD into a~i Ordictancc this _ day of ., 2007.
BDARD OF 5UPERVISUKS UB THE
TOWNS1~i1P OF HOPEWELL
ATTF.5T: by
5ec~tiry _ by
by --
PUBLIC GA~'HEItING P~R.I'4~I'I'
Hopewell Township, Cumberland County
Date of Appiica~tion: ~„ ~~~-, ~ ~ t507 -_-^ _ _A
Applicant's Name: _._.__.. ~~~5 i-~~A.1~ Mkt .Q~,~x ~ G
Applicant's Mailing Address: ~~~_~.~- Ef .S ~_ ~~~.._?~~ ~'70__1:,~____
Applicant's Telephone Number: _ 7r~ ~Y~ -~a3~~.~ ____
Address {locati4s~ of public gathering): ____ ~~_,~~r~rs- ~r~~.~ .._~_ .
Name of person responsible for public gathering: ~~,~~.~~-.~ .13'x' ,~ i°~C~. ~s..._
Number of chemical #oilets to be provided and the nameladdress of provider. Applicant must
provide separate facilities for males sad females and must service at least once per day.
.~ ., - - -
Date of public gatherin event: _ c~ V
Does the Appiieant`.intead to post cash bond or surety band for costs of ciean•c~p, maintenance or
repair? If a cash band, state the amount and mtthod of payment to be held by Township. If by
surety bond provide a copy t~f corporate or surety bond tti be reviewed for acceiatance by the
Township Supervisors.
1 have read atl of the information contained in this application and verify it as true and correct
subject to the penalties of l8 PA CSA 4904 relating to unsworn fsIsifieaiic~n to authorities.
..~ I?ate deceived
~~a~--b`7 _ Date Approved
._______._ Bate Disapproved
_. ~~ Date issued
a'~~
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Signature of Appfi
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DOUBLIN GAP MX PARK, INC. - 2007 Schedule of Events
.~.
Saturday, March 3 -Practice 10:00 AM to 4:00 PM
Sunday, March 4 -Season Opener -Race Day
Friday, March 30- -Practice Day 12:00 Noon to 5:00 PM
Saturday, March 31-Northeast Classic Warm-up
Sunday, Apri11-Northeast Classic - Factor Contina~enci~es -
Sponsored by Cumberland Cycle Center, Roxy's Cycles, and Velocity Cycles
Apri17 -Motocross School -Open to all Riders (Pre-registration required
April 21 -Motocross School -Open to 60 and 80 cc Riders (Pre-registration required)
Saturday, May 12 -Practice Day 10:00 AM to 4:00 PM
Sunday, May 13 -Sponsored by Roxy's Cycles
Friday, June 1-Practice Day 10:00 AM to 4:00 PM
Saturday, June 2 -Yamaha Ali Star Warm-up -Sponsored by Sheckeils and Sons Construction
Sunday, June 3 -Yamaha All Star -Sponsored by Action Motorsports, B 8~ B Yamaha,
Yamaha of Camp Hill, and Yamaha Motor Corp. District 6 Ultimate Series
with K,aMrasaki and Suzuki Continuencies
June 9 -Motocross School -Open to All Riders (Pre-registration required
Friday, June 22 -Practice Day 10:00 AM to 4:00 PM
Saturday and Sunday, June 23 and 24 - LL Youth Regional
Saturday, July 14 -Practice 10:00 AM to 4:00 PM
Sunday, July 15 - MDRA Race - 4' Trouhv Days Youth BC Class+as and, all Reaui~lr Classes
KTM. Suzuki and Yamaha Contingencies, Sponsored byTwlgg Cycles
Saturday, August 18- Practice 10:00 AM to 4:00 PM
Sunday, August 19 - MDRA Race -Youth BC Classes and a!l Reslular Classes
Sponsored by Action Motorsports
Saturday, September 1- Practice 10:00 AM to 4:00 PM
Sunday, September 2 - Rider Asp_reciatlon Dav. Final Race for 2tM7 Track Po`
Saturday, September 29 -Practice Day 10:00 tD 4:00
Sunday, September 30 -Ultimate Series, Factory CorHlnstencies
Honda, Husq, Kawasaki, and Suzuki
2008 Track Points~,~Benin. Sponsored by West Shore Suzuki
Saturday, October Z7 -Practice and Doublin Gap Awards Banquet 10:00 AM to 4:00 PM
Sunday, October 28 -Race Day, 2008 Track Points -Team Gnren Pa. State Chamaions„ hia
witl~ Factory Contingencies
Saturday, November 3 -Practice Day 10:00 AM to 4:00 PM
Sunday, November 4 -Race Day -Double Track Points fob
For Informafibn: Sign in: 8:00 AM to 10:00 AM Practice Starts: 11:30 AM
Telephone: 717 2~t8-6036 Cha~pei Service: 9:45 AM Racing Starts: f 2:30 PM
www.doublinctaa.com Riders Meeting: 10:45 AM Ali Ratan AMA Sanctioned
doublingap~ aoi.tan Gabes Open: 7:00 AM Gaffes Close: 11:00 PM
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HOPEWELL TOWNSHIP BOARD
OF SUPERVISORS,
PLAINTIFF
V.
RODNEY L. YENTZER, II,
RODNEY L. YENTZER, CAROL M
YENTZER AND JEFFREY A.
YENTZER, t/d/b/a DOUBLIN GAP
MOTORCROSS, INC.,
DEFENDANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
07-4122 CIVIL TERM
ORDER OF COURT
AND NOW, this day of July, 2007, a hearing on within petition
for injunctive relief shall commence at 8:15 a.m., Friday, July 13, 2007, in Courtroom
Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania.
Sally J. Winder, Esquire'
For Plaintiff o7 -n ~~
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William A. Duncan, Esquire i°P~f-..o-'~
For Defendants ~Ql
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HOPEWELL TOWNSHIP BOARD IN THE COURT OF COMMON PLEAS OF
OF SUPERVISORS, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
RODNEY L. YENTZER, II,
RODNEY L. YENTZER, CAROL
M. YENTZER AND JEFFREY A.:
YENTZER, t/d/b/a DOUBLIN
GAP MOTORCROSS, INC.,
Defendants 07-4122 CIVIL TERM
ORDER OF COURT
AND NOW, this 13th day of July, 2007, the petition for
preliminary injunction, IS DENIED.
By the ~~/ ..
Edgar B. Bayley, J.
Sally J. Winder, Esquire
For Plaintiff
William A. Duncan, Esquire
For Defendant
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HOPEWELL TOWNSHIP BOARD
OF SUPERVISORS
Plaintiff
vs.
RODNEY L. YENTZER, II
RODNEY L. YENTZER, CAROL M.
YENTZER AND JEFFREY A.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.2007-4122 CIVIL TERM
CIVIL ACTION -EQUITY
YENTZER, t/d/b/a DOUBLIN GAP .
MOTOCROSS, INC. :
Defendants
AND NOW, this day of
ORDER
2007, upon consideration of
the Petition for Injunctive Relief filed by Hopewell Township Board of Supervisors, and upon
consideration of the Testimony given at a Hearing conducted by this Court on July 13, 2007, and
upon consideration of the Answer filed by Defendants, it is ORDERED and Directed that the
Plaintiffs Complaint for Injunctive Relief be hereby dismissed in its entirety.
By the Court
P.J.
Duncan & Hartman, P.C.
William A. Duncan, Esquire
1 Irvine Row, Carlisle, Pennsylvania 17013
717.249.7780
717.249-7800 FAX
Attorney ID 22080
HOPEWELL TOWNSHIP BOARD
OF SUPERVISORS
Plaintiff
vs.
RODNEY L. YENTZER, II
RODNEY L. YENTZER, CAROL M.
YENTZER AND JEFFREY A.
YENTZER, t/d!b/a DOUBLIN GAP
MOTOCROSS, INC.
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.2007-4122 CIVIL TERM
CIVIL ACTION -EQUITY
ANSWER
Comes now the Defendants, by and through their attorney, William A. Duncan, Esquire,
and Answer Plaintiff's Complaint for Injunctive Relief as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Denied. On the contrary, after reasonable investigation, Defendants are without
knowledge or information sufficient to form a belief as to the averments of paragraph 8.
9. Denied to the extent that Defendant Rodney Yentzer did not suggest that he should be
fined by the Township.
10. Admitted that a public gathering permit was not obtained for Friday, June 22, 2007
and that the threshold number of persons for a permit is 450 persons. Denied that the public
gathering ordinance was violated. By way of further answer, Defendants have filed an Action for
Declaratory Judgment disputing the validity of the Public Gathering Ordinance.
11. Denied that it was the intention of the Defendants to continue to be in violation of
Section 6, Ordinance 79-2.
12. Denied. To the contrary, Defendants provided adequate and proper sanitary facilities
for the event held on Friday, June 22, 2007 and Saturday, June 23, 2007.
13. Denied. Proper sanitary facilities were provided and no health hazards were created.
14. Denied. Defendants watered the tract and the roadways frequently during the event
in question.
15. Denied. Plaintiffs could not predict the number of participants attending the events
m question.
16. Admitted.
17. Admitted.
18. Denied that Defendants know in advance the number of people attending the practice
day.
19. Denied that Defendants refuse to file an application for a public gathering permit for
the reasons stated, to the contrary, Defendants do not file an application for a public gathering
permit because they do not feel that one is necessary.
20. Admitted that Plaintiffs apply for permits under Ordinance 79-2 from time to time,
denied as to the remainder of the averment.
21. Defendants are unable to respond to the paragraph, which is not stated as an averment
but appears to be a statement of Plaintiff's opinion.
22. Admitted.
23. Admitted to the extent Defendants never applied for a campground conditional use
permit, denied to the extent that the premises were used as a campground as defined by
Township Ordinance.
24. Denied. On the contrary, after reasonable investigation, Defendants are without
knowledge or information sufficient to form a belief as to the averments of paragraph 24.
25. Denied. Defendants are not in violation of Department of Environmental Resources
Air Quality standards for dust and particulate matter.
26. Admitted that Township has filed Complaints in the past. Denied in that from time
to time, Defendants apply for permits.
27. Denied in that the Ordinance does not specifically authorize the Township
Supervisors or Code Officials to enforce its provisions.
28. Denied in that Defendants did not deny access.
29. Denied. To the contrary Defendants apply for permits and abide by the law.
30. Denied. To the contrary, Defendants will apply for permits when they reasonably
anticipate exceeding 450 participants.
31. Denied that immediate and irreparable harm will result from Defendants' actions.
32. Denied. On the contrary, after reasonable investigation, Defendants are without
knowledge or information sufficient to form a belief as to the averments of paragraph 32.
33. Denied that the conduct of Defendants is illegal. It is also denied that Defendant
Township is without the means to obtain an relief to which they may be entitled.
WHEREFORE, Defendants pray that this Court dismiss this action in its entirety.
RESPECTFULLY SUBMITTED
D CAN & A MAN, P.C.
~._.~~_
William A. c ,Esquire
Attorney for Defendant
1 Irvine Row, Carlisle, Pennsylvania 17013
717.249-7780
. ~ ~ d~
VERIFICATION
The undersigned, having read the attached Answer, 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.
C".
Rodney L. Yentzer ,1-
Dated: ~ I ~ ~ ~~
VERIFICATION
The undersigned, having read the attached Answer, 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
Dated:
~_~u~~1
VERIFICATION
The undersigned, having read the attached Answer, 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
Dated: 7/ 3v/p ~
HOPEWELL TOWNSHIP BOARD : IN THE COURT OF COMMON PLEAS OF
OF SUPERVISORS :CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
N0.2007-4122 CIVIL TERM
vs.
RODNEY L. YENTZER, II :CIVIL ACTION -EQUITY
RODNEY L. YENTZER, CAROL M. .
YENTZER AND JEFFREY A. :
YENTZER, t/d/b/a DOUBLIN GAP
MOTOCROSS, INC.
Defendants
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Answer to Complaint for
Injunctive Relief by depositing same in the United States Mail, first class, postage pre-paid,
certified, return receipt requested on the 1st day of August, 2007, addressed as follows:
Sally J. Winder, Esquire
9974 Molly Pitcher Highway
Shippensburg, PA 17257
DUNCAN & HARTMAN, P.C.
i liam A. uncan, Esquire
Attorney for Defendant
1 Irvine Row, Carlisle, Pennsylvania 17013
717.249-7780
C7
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-04122 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HOPEWELL TWP BOARD OF SUPER
VS
YENTZER RODNEY L II ET AL
WILLIAM CLINE Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EQUITY was served upon
YENTZER RODNEY L the
DEFENDANT
at 1625:00 HOURS, on the 11th day of July 2007
at 1146 SOUTH PITT ST
CARLISLE, PA 17013
RODNEY L YENTZER
by handing to
a true and attested copy of COMPLAINT - EQUITY together with
ORDER OF COURT
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 4.80
Affidavit .41
Surcharge 10.00
S~I ~l ~9 ~,~, .00
3 3.21
Sworn and Subscibed to
before me this day
of ,
So Answers:
f
s t°,wT ~ ~_,.
R. Thomas Kline
07/13/2007
SALLY WINDER
By:
Deputy Sheriff
A.D.
--
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vs Case No. ~} ~ ~ `'f" ~ ~-~-
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Statement,of Intention to Proceed "'~~ tv ~~
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To the Court: . = ~ --
intends to proceed with the above captioned utter.'--`a
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Print Name ~ c 1 Sign Name ~J L+~' `'"~
Date: ~ Z~ ~ (3 Attorney for ~ ~a ~ /Ct 1
Ezpianatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
I. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
'This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, SS l Pa. 360,710 A.2d
1104 (1998) in which the courk held .that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 190I(b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
lI Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action anti "the Prothonotary shall enter an order as of
course terminating the matter with prejudice far failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has beee~t terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Ruie230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The.. timing of the filing of the petition to reinstate the'action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d}(2) provides that the court must granrthe petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (dx3) requires that the plaintiff
must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
tetmination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which. exits independently of termination under Rule 230.2.
A
OF u
(David-1D. Buell A 2�i rk S. ;aGe p
Renee 7 Simpson
Z prothonotay Is` Deputy Prothonotary W¢ y
V °
Sohona g e, ES Q \ tf'
Irene E. 51lorrow
Solicitor 1750 2"d Deputy Prothonotary
Office of the Prothonotary
Cum6er[anc(County, Pennsy[vania
--1/I2,2,._ CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 291" DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite 100 • Carlisle, P.. 17013 • (717)240-6195 • Tax(717)240-6573