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HomeMy WebLinkAbout08-08-12IN RE: REAL ESTATE SITUATE AT WEST KING STREET, IN THE BOROUGH OF SHIPPENSBURG CUMBERLAND COUNTY, PENNSYLVANIA AND BEING KNOWN AS TAX PARCEL # 34-34-2417-169 COURT OF COMMON PLEAS OF , CUMBERLAND COUNY, `-=-' PENNSYLVANIA ~ s m r~ri-° - c~i ~^ 4c T; i co ~~~ N0.:21-12-0636 c ;,- -o t"j k ~„ c~~_, ORPHANS' COURT DIN '~? `,~ N BOROUGH OF SHIPPENSBURG'S MOTION TO CONTINUE NOW COMES, Movant, the Borough of Shippensburg, by and through its Counsel, Samuel E. Wiser, Jr., Esquire of Salzmann Hughes, P.C., and files the within Motion to Continue and in support thereof avers as follows: 1. The Borough of Shippensburg, Cumberland and Franklin Counties, Pennsylvania is a Pennsylvania Borough having been chartered pursuant to the Act of 1834, April 1, P.L. 163 with its principal office address at 111 North Fayette Street, Shippensburg, Pennsylvania (hereinafter the "Borough"). 2. 'The Borough filed a Petition for Relief Under the Donated or Dedicated Property Act on June 6, 2012 in the above captioned action. 3. By Order of Court dated June 20, 2012, this Honorable Court scheduled a hearing on August 9, 2012 at 9:30 in Courtroom Number Six in the Cumberland County Courthouse. A true and correct copy of the Order of Court dated June 20, 2012 is attached hereto as Exhibit "A" and incorporated by reference. 4. This Honorable Court, in its Order of Court dated June 20, 2012, ordered that notice of said hating shall be published by the Borough once a week for three consecutive weeks in the Cumberland County Law Journal and in a local newspaper of general circulation prior to the hearing and that the Borough shall notify the Civic Club of Shippensburg and the Pennsylvania Historical and Museum Commission of said hearing. ~^~ 5. The Borough notified the Civic Club of Shippensburg and the Pennsylvania Historical and Museum Commission of said hearing and has received confirmation of receipt of such service. 6. The Borough published notice of said hearing once a week for three consecutive weeks in the Cumberland County Law Journal, and has received proof of such publication. 7. The Borough provided notice of said hearing to the Shippensburg News-Chronicle, which the Shippensburg News-Chronicle was to publish pursuant to the Order of Court dated June 20, 2012. 8. The Shippensburg News-Chronicle failed to publish notice of said hearing pursuant to the instructions of the Borough. 9. The Borough respectfully requests that said hearing be continued and rescheduled in order to permit the Borough to comply with this Honorable Court's notice and publication requirements as set forth in its Order dated June 20, 2012. WHEREFORE, the Borough respectfully requests that this Honorable Court continue the hearing the Borough's Petition for Relief Under the Donated or Dedicated Property Act scheduled on August 9, 2012 at 9:30 a.m. in Courtroom Number Six and to reschedule the hearing on the Borough's Petition for Relief Under the Donated or Dedicated Property Act for a time and date no less than six weeks from the date of this Motion. Respectfully submitted, By: C~arrluel E. iser ., Esquire Attorney ID o. 203665 79 St. Paul Drive Chambersburg, PA 17201 (717)263-2121 Solicitor to the Borough of Shippensburg CERTIFICATE OF SERVICE I hereby certify that on the ~~ day August, 2012, I served a true and correct copy of the foregoing Motion to Continue by United States Mail, postage prepaid to the following: Civic Club of Shippensburg P.O. Box 593 Shippensburg, PA 17257 Pennsylvania Historical and Museum Commission Bureau of Historical Sites and Museum 400 North Street Harrisburg, PA 17120 Salzmann Hughes, PC By: el .Wiser Jr., Es i