HomeMy WebLinkAbout12-0703
ARP WERTZVILLE ROAD, LLC
Appellant/Respondent
V.
BOARD OF COMMISSIONERS OF
HAMPDEN TOWNSHIP, CUMBERLAND
COUNTY, PENNSYLVANIA,
Appellee
And
WEIS MARKETS, INC.,
Intervenor/Petitioner
WEIS MARKETS, INC.,
Petitioner
V.
ARP WERTZVILLE ROAD, LLC,
Respondent
NO. 2012-703 CIVIL TERM
IN RE: PETITION FOR BOND ON APPEAL PURSUANT TO 53 P.S. § 10915.1
and PETITION FOR BOND ON APPEAL PURSUANT TO 53 P.S. § 11003 - A(d)
ORDER OF COURT
AND NOW, this 10th day of February, 2012, upon consideration of Weis
a
Markets, Inc.'s Petition for Bond on Appeal Pursuant to 53 P.S. § 10915.1 and Petition
for Bond on Appeal Pursuant to 53 P.S. § 11003 - A(d), a hearing on the Petitions is
scheduled for 15 March 2012 at 9:30 a.m. in Courtroom Number 6, Cumberland County
Courthouse, Carlisle, Pennsylvania.
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IN THE COURT OF COMMON PLEAS OF
THE NINTH JUDICIAL DISTRICT
NO. 2011-8361 CIVIL TERM
IN THE COURT OF COMMON PLEAS OF
THE NINTH JUDICIAL DISTRICT
The parties are DIRECTED to submit to the court, at least five days prior to the
hearing date, Memorandum of Law in support of their positions on the issues perceived
to exist for purposes of the disposition of the Petitions.
By th
ra
Thomas
Distribution List:
? James F. Preston, Esq.
38 West Market Street
Bethlehem, PA 18018
For Weis Markets, Inc.
glen L. Gemmill, Esq.
Charles M. Courtney, Esq.
Jonathan D. Andrews, Esq.
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108
For ARP Wertzville Road, LLC
ith 0. Brenneman, Esq.
44 West Main Street
Mechanicsburg, PA 17055
Courtesy copy
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ARP WERTZVILLE ROAD, LLC
Appel lant/Respondent
v.
BOARD OF COMMISSIONERS OF
HAMPDEN TOWNSHIP, CUMBERLAND
COUNTY, PENNSYLVANIA,
Appellee
And
WEIS MARKETS, INC.,
Intervenor/Petitioner
WEIS MARKETS, INC.,
Petitioner
V.
ARP WERTZVILLE ROAD, LLC,
Respondent
NO. 2012-703 CIVIL TERM c/
IN RE: PETITION FOR BOND ON APPEAL PURSUANT TO 53 P.S. § 10915.1
and PETITION FOR BOND ON APPEAL PURSUANT TO 53 P.S. § 11003 - A(d)
ORDER OF COURT
AND NOW, this 22"d day of March 2012, upon consideration of Weis Markets,
Inc.'s Petition for Bond on Appeal Pursuant to 53 P.S. § 10915.1 and Petition for Bond
on Appeal Pursuant to 53 P.S. § 11003 - A(d), and following a hearing held on 15
March 2012, at which Weis Markets, Inc. presented evidence in support of its Petitions,
the records for the Petitions are declared closed.
After a careful review of the evidence presented, the court finds that Petitioner
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IN THE COURT OF COMMON PLEAS OF
THE NINTH JUDICIAL DISTRICT
NO. 2011-8361 CIVIL TERM
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Via
IN THE COURT OF COMMON PLEAS OF
THE NINTH JUDICIAL DISTRICT
has failed to meet its burden of establishing that ARP Wertzville Road, LLC's appeals are
I. P
frivolous. Accordingly, Weis Market, Inc.'s Petition for Bond on Appeal Pursuant to 53
P.S. § 10915.1 and Petition for Bond on Appeal Pursuant to 53 P.S. § 11003 - A(d),
docketed at 2012-703 Civ. Term and 2011-8361 Civ. Term, respectively, are denied.
Distribution List:
James F. Preston, Esq.
38 West Market Street
Bethlehem, PA 18018
For Weis Markets, Inc.
Thoma lacey C.P.J.
Helen L. Gemmill, Esq.
Charles M. Courtney, Esq.
Jonathan D. Andrews, Esq. ; -
100 Pine Street rn
P.O. Box 1166 ' 71-=_-
Harrisburg, PA 17108
For ARP Wertzville Road, LLC {x "' #
--- -
t/ Keith 0. Brenneman, Esq. ?, -
44 West Main Street -
Mechanicsburg, PA 17055
Courtesy copy
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