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HomeMy WebLinkAbout13-2531 Supreme Co. nnsylvania Cour om mo leas For Prothonotary Use Only: C''il ' bver Sheet Docket No: CUMBIRNb f County The information collected on this form is used solely for court administration purposes. This fornt does not sttppletnent or replace the filing and service of pleadings or other papers as required by lain or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons x Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: C Athena L. Lawyer East Pennsboro Township Zoning Hearing Board T Dollar Amount Requested: Dwithin arbitration limits I Are money damages requested? 0 Yes 0 No (check one) Doutside arbitration limits O N Is this a Class Action Suit? Yes 'Xi No Is this an MDJAppeal? ( Yes El No A Name of Plaintiff /Appellant's Attorney: Bruce J. Warshawsky, Esquire 0 Check here if you have no attorney (:are a Self - Represented {Pro SeJ Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections Nuisance Dept. of Transportation 0 Premises Liability _J Statutory Appeal: Other S 0 Product Liability (does not include E mass tort) Employment Dispute: ❑� Slander/Libel/ Defamation Discrimination C 0 Other: Employment Dispute: Other Zoning Board 0 Other: T I Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort -DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment 0 Common Law /Statutory Arbitration B Other: Eminent Domain /Condemnation � Declaratory Judgment 0 Ground Rent Mandamus Land I ord/Tenant Dispute Non- Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY Mortgage Foreclosure: Commercial Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title El Other: 0 Medical 0 Other: [� Other Professional: Updated 1/1/2011 ROTHONOTARy 2 cf 11IN —7 AH 10: 1 CUMMERLANQ COUNTY PENNSYLVANIA NOTICE OF APPEAL TO THE COURT OF COMMON PLEAS ZONING CASE ATHENA L. LAWYER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Appellant V. NO: EAST PENNSBORO TOWNSHIP ZONING HEARING BOARD Appellee NOTICE OF LAND USE APPEAL Athena L. Lawyer ( "Lawyer ") Appellant, appeals from the decision of the East Pennsboro Township Zoning Hearing Board and in support thereof states the following: 1. The Appellant, Athena L. Lawyer is an adult individual, who resides at the premises located at 93 Ashford Drive, Enola, East Pennsboro Township, Cumberland County, Pennsylvania 17025, Tax Parcel Identification Number: 09 -13- 1002 -342, (the "Lawyer Home "). 2. The Appellee is the East Pennsboro Township Zoning Hearing Board ( "ZHB "), the duly appointed East Pennsboro Township Zoning Hearing Board, a Second Class Township located in Cumberland County, Pennsylvania. 3. The Lawyer Home is located adjacent to (a semi - detached townhouse) 91 Ashford Drive, Enola, East Pennsboro Township, Cumberland County, Pennsylvania 17025, Tax Parcel Identification Number: 09 -13- 1002 -343, which is owned by Ken and Aki Dunn ( "Mr. and Mrs. f Cl SQ 0 0) 0 ! $ Dunn "), who reside on such parcel (the "Property "). 4. The Property is located in East Pennsboro Township's R -3 Multi- Family Residential District. A true and correct copy of the Application is attached hereto as Exhibit "A ". A true and correct copy of the pertinent sections of East Pennsboro Township's Zoning Ordinance applicable to the Property, are attached hereto as Exhibit "A ". 5. On February 13, 2013, Mr. and Mrs. Dunn submitted to East Pennsboro Township, an Application for Zoning Hearing Board, Number 13 -02 Z ( "Application ") for the purpose of constructing a one (1) story addition, fourteen (14) feet by twenty -eight (28) feet (392 square feet) and requesting a three (3) foot variance to the rear yard setback (East Pennsboro Zoning Ordinance §27- 1109.3) which requires twenty -five (25) feet as a rear yard setback for the Property. 6. East Pennsboro Township referred the Application to the Zoning Board Hearing of East Pennsboro Township which scheduled a Hearing thereon for March 21, 2013 (the "ZHB Hearing ") which was duly and properly noticed and the Property properly posted. 7. The Appellant is directly and proximately aggrieved by the proposed rear yard setback variance requested for the Property in the Application by virtue of her close location to the Property as aforementioned. As a result, the Appellant entered her appearance before the ZHB prior to the ZHB Hearing. 8. The ZHB issued a decision dated April 8, 2013 ( "Decision ") granting Mr. and Mrs. Dunn their requested rear yard setback variance, a true and correct copy of which is attached hereto as Exhibit "C" 9. The Decision should be reversed for the following reasons: a. The Application recites that the Property is odd - shaped at the rear of the Property when it is not. See the Plan (the Property is Lot 27), a true and correct copy of which is attached hereto as Exhibit "D ". b. Mr. and Mrs. Dunn have not met their burden under East Pennsboro Township's Zoning Ordinance or under the Municipalities Planning Code, as the ZHB did not find that: i. There are unique physical circumstances or conditions of the Property which are peculiar to the Property and that an unnecessary hardship has been created upon Mr. and Mrs. Dunn by virtue of a strict application of the applicable Ordinance. ii. There is no possibility that the Property can be developed in strict conformity with the provisions of the Zoning Ordinance and that the requested variance is necessary to enable Mr. and Mrs. Dunn to reasonably use the Property. iii. That the hardship has not been created by Mr. and Mrs. Dunn in that they are capable of constructing the significant addition to their home without the need for the requested variance and that the requested variance is a result of the hardship they are creating themselves by seeking to build within the rear setback area. Mr. and Mrs. Dunn claim that a room eleven (11) by twenty -eight (28) (308 square feet) will not be "wide enough" for a work/hobby room, without any justification therefor. C. While Mr. and Mrs. Dunn's Application suggests that permitting their requested variance will allow their proposed addition to be aligned with the rear of the Lawyer Home, such is not desirable to Appellant because it will create a three (3) foot gap, 13 feet long, between their houses and a three (3) foot differential in the alignment, creating only a gap 10 feet long is thus desirable. Appellant is also concerned with water runoff, damage to her fence (which is within the gap) and compromise to her firewall, as the roof lines and firewall lines presently do not align. As such, the Lawyer Home will be substantially or permanently impaired as a result. 10. For the foregoing reasons, the Decision should be reversed and the Court should direct that Mr. and Mrs. Dunn be denied their request for a rear yard setback variance. WHEREFORE, Appellant requests that the Court reverse the cited action of the Zoning Hearing Board of East Pennsboro Township and direct that Mr. and Mrs. Dunn be denied their requested rear yard setback variance. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Dated: May 6, 2013 By: r J. arsha s , Esquire PA I.D. No. 5879 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238 -6570 Attorneys for Appellant VERIFICATION 1, Athena L. Lawyer, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unsworn falsification to authorities. Date: Athena L. Lawyer EXHIBIT'A' EAST PENNSBORO TOWNSHIP Dept. of Housing & Community Development 98 South Enola Drive Phone: 717- 909 -5620 Enola, PA 17025 -2796 FAX: 717 -732 -7810 Web site address: www.eastpennsboro.net APPLICATION FOR ZONING HEARING BOARD No. 13 - vA _Z APPLICANT: PROPERTY OWNER: Name: / UA Name: Address: ?I QA . Address: &WOL4 . A4 . 9 a L!� Phone No.: 6912) 6T S S Phone No.: Property Address: 91 Ajyx;t_w P/l Zoning District: Current Use of Property: X6TI OEMM4C. h6•A1Cs' Tax Map & Parcel No.: 0 q - 13 - (O 0 d - 3 o Applicant requests relief in the form of a (check one): X 'Variance () Special Exception ( ) Interpretation or Appeal under Chapter 27, Article(s) Section(s) of the Zoning Ordinance as it (they) pertain(s) to: yi9�t0 �C - 7'/S�4C� Specific reasons for request (clearly state the hardship that prevents your compliance with the ordinance or decision): 140Qm0AI O W /etAll a OC?UL0 A,o AS ' 4JI OE - r=n10 06.# 199A OcKA- /l�orS'Q� YL O Ln C off' is oap 17+yng /.Pr N'679rt ac l�/1dPenr�, SIGNATURE OF APPLICANT: DATE: 02 20 /. 7 NOTE: if applicant is other than owner, a letter MUST be submitted by the owner authorizing the applicant to act on his /her behalf. FOR OFFICE USE ONLY DATE RECEIVED (STAMP) FEE PAID* Residential 450.00 RECEIVED Commercial $525.00 ( ) FEB 13 2013 EAST PENNSBORO TWP EXHIBIT'B' Article 11 R -3 MULTI - FAMILY RESIDENTIAL DISTRICT Section 1101. PURPOSE. The purpose of the R -3 Residential Multi - Family District is to provide for the orderly expansion of multi - family residential development in areas which can feasibly be supplied with essential public facilities; to regulate the density of land development; to prevent overcrowding of the land and to provide for public health; to preserve public open space and natural features; to exclude activities of a commercial or industrial nature and any activities not compatible with residential development; to provide for public convenience and avoid undue congestion on the roads; and to otherwise create conditions conducive to carrying out the purposes of this ordinance. Section 1102. PERMITTED USES. A building may be erected or used and a lot may be used or occupied, for any of the following uses: A. Single- family detached dwellings. B. Single- family semi - detached dwellings. C. Single- family attached dwellings D. Two - family detached dwellings. E. Two - family semi - detached dwellings. F. Conversion apartments. G. Multi- family dwellings. H. Apartment hotels. I. Family child day care homes' J. Schools, public and private; colleges and universities. K. Churches, places of worship L. Convalescent /nursing homes. M. Private recreation area ` N. Municipal recreation areas and facilities O. Municipal buildings P. No Impact, home -based businesses. Q. Public utility facilities. R. Timber harvesting. 11 -1 S. Accessory uses on the same lot with and customarily incidental to any of the above permitted uses. An * indicates that additional regulations found in Article 19 apply. Section 1103. CONDITIONAL USES. The following conditional uses and no other may be allowed by the Township Board of Commissioners after recommendations by the Planning Commission, pursuant to the express standards and criteria set forth in Article 23 of this Ordinance. A. Home occupations B. Manufactured /Mobile home parks. C. Boarding houses. D. Civic and fraternal organizations E. Adult Domiciliary Care Homes F. Group Homes G. Congregate Care Residences H. Group Child Day Care Homes. I. Child Day Care Centers Section 1104. BUILDING HEIGHT. No building shall be erected to a height in excess of forty (40) feet; provided, however, that the height limit may be increased one (1) foot for each additional foot that each and every setback exceeds the minimum required. Section 1105. ACCESSORY BUILDINGS. A. Accessory buildings shall be permitted to extend into side yards, but shall not be closer than five (5) feet to the side property line. Attached dwelling units (townhouses /duplexes) may have an accessory building setback of zero (0) feet on interior lot lines. Section 1106. LOT AREA AND WIDTH REQUIREMENTS. A lot of not less than one (1) acre and a lot width of not less than two hundred (200) feet measured at the minimum required building setback line shall be provided for each single - family detached dwelling and for every other principal use or building permitted in this district; provided however, that in cases where the lot abuts upon an ordained or accepted Township street or highway, the lot area and width may be reduced as follows: A For residential lots the area and frontage shall be not less than reflected on Table 11 -1. B. The minimum lot area may be increased if the Sewage Enforcement Officer determines that based upon the results of the perc and /or probe tests, the additional area is required in accordance with Act 537, the Pennsylvania Sewage Facilities Act of 1966, as amended. 11 -2 C. For non - residential lots, the lot size shall be appropriate for proposed use of the lot and shall comply with all other requirements of this Ordinance. TABLE 11 -1 Lot Area and Lot Width Requirements Dwelling Type Lot Area per Dwelling Lot Area per Dwelling Lot Area per Dwelling Lot Width at the Lot Frontage Unit - With Public Unit - With Public Unit without Public Minimum (Feet) Water and Public Sewer without Public Sewer Required Building Sewer (Sq. Ft.) Water (Sq. Ft.) Setback Line (Feet) Single Family 6,500 7,500 1 Acre 65 65 Detached Single Family Semi- 4,000 5,000 1 Acre 40 40 detached Single Family 2,800 3,800 Not Permitted 24 24 Attached (Townhouse) Two - family Detached 5,000 6,000 1 Acre 65 65 Two - family Semi- 4,000 5,000 1 Acre 50 50 Detached Multi- family 2,800 3,800 Not Permitted 80 80 Section 1107. DENSITY Dwelling unit density shall be not more than fourteen (14) units per acre. Section 1108. LOT COVERAGE. No more forty (40) percent of the area of the lot shall be covered by buildings, structures and other impervious surfaces. For single family attached dwellings, no more than fifty (50) percent of the area of the lot shall be covered by buildings, structures and other impervious surfaces. For multi- family dwelling units, no more that forty -five (45) percent of the lot shall be covered by buildings, structures and other impervious surfaces. Section 1109. MINIMUM SETBACKS. A. Front - twenty (20) feet. B. Side - eight (8) feet. C. Rear - twenty -five (25) feet Section 1110. MULTI - FAMILY DWELLING UNITS Each building shall have front and rear setbacks of not less than thirty (30) feet and side setbacks of not less than fifteen (15) feet each. The spacing between buildings, when built in groups or in parallel rows shall be not less than thirty (30) feet for one -story buildings and the space between buildings shall be increased five (5) feet for each additional story. Outer and inner courts shall be permitted when such courts are not less than fifty -(50) feet in width or not 11 -3 less than the dimension of the full height of the highest building wall enclosing the court, whichever is greater. Open and unobstructed passageways to inner courts shall be provided at grade level for the passage of fire fighting equipment to and from yard areas. Section 1111. BUFFER YARDS AND SCREENING. Buffer yards and screening shall be provided in accordance with the development standards outlined in Section 1901.13 of this Ordinance. Section 1112. OFF - STREET PARKING. Parking shall be provided in accordance with Article 21 of this Ordinance. Section 1113. SIGNS. Signs shall conform to the requirements of Article 20 of this Ordinance. Section 1114. PRINCIPAL USES. No more than one principal use shall be permitted on a lot. 11 -4 EXHIBIT'C' COPY EAST PENNSBORO TOWNSHIP ZONING HEARING BOARD Application: 13 -02Z Applicant: Ken & Aki Dunn Owners: Ken & Aki Dunn Location: 91 Ashford Drive, Enola District: R -3 Multi- family Residential District Use: Residence Relief: Variance Ordinance: §27- 1109.3 FINDINGS OF FACT Procedural history 1. On February 13, 2013, Ken & Aki Dunn ("Applicant ") submitted a Zoning Hearing Application. [Exhibit 1]. 2. Notice of the March 21, 2013 zoning hearing was published in the March 5t and 12 2013 editions of The Sentinel. Applicant's property was posted on March 6, 2013 with a notice of the hearing. Applicant was notified of the zoning hearing by certified mail sent on March 5, 2013. 3. A hearing was commenced by the Zoning Hearing Board ("Board") on Thursday, March 21, 2013 at 5:30 pm in the municipal building. Three of the five Board members were present. Factual Background 4. Applicant intends to construct a one -story, 14 feet deep by 28 feet wide work/hobby room addition onto the rear of their semi - detached dwelling. The addition would be aligned with the existing two open -sided porch on the adjoining semi - detached dwelling. 5. The minimum rear yard setback required is 25 feet. The addition would reduce the rear yard setback to 22 feet, however, it would be the same rear yard setback provided by the adjoining semi - detached dwelling. 6. The down - spouting on the addition would be directed towards the non - detached dwelling side of the property and would run underground into a pipe that empties the water onto the street. 7. The residence on the property adjoining the rear yard of Applicant's property is at least 25 feet from the common property line. DISCUSSION The Board heard the testimony of Applicant and a neighbor that owns the adjoining semi- detached dwelling. The neighbor was concerned with water runoff, possible damage to the fence along the adjoining property line, and fire wall or fire separation from her structure to the neighbors structure. All of these are building code related. Relying upon the testimony and exhibits presented by Applicant and the foregoing findings of fact, the Board approved the variance. r` CONCLUSIONS OF LAW 1. Proper notice of the zoning hearing was provided to all persons in compliance with law. 2. Applicant has standing to appear before the Zoning Hearing Board for the relief requested. 3. A variance which would reduce the rear yard setback from 25 feet to 22 feet represents the minimum variance to afford relief and represents the least possible modification of the regulation in issue. 4. The proposed reduction of the rear yard setback from 25 feet to 22 feet will not alter the essential character of the neighborhood, nor impair the appropriate use or development of adjacent property, and will not be detrimental to the public welfare. 5. Applicant met his burden to obtain the requested variance. ORDER In reliance upon the testimony and exhibits presented by or on behalf of Applicant, and based upon the foregoing findings of fact, the Board, by a vote of 3 -0, taken at a public hearing conducted by the East Pennsboro Township Zoning Hearing Board on March 21, 2013, the application of the Ken & Aki Dunn for a variance to §27- 1109.3 to reduce the rear yard setback from 25 feet to 22 feet in order to construct a one -story, 14 feet deep by 28 feet wide work / hobby room addition onto the rear of their semi - detached dwelling, which would be aligned with the existing two open -sided porch on the adjoining semi- detached dwelling, on the property located at 91 Ashford Drive, Enola, in an R -3 Multi- Family Residential District, is GRANTED. East Pennsboro Township Zoning Hearing Board Issued: _ l3 2013 i La_'V� By: George Mc anus, Chair EXHIBIT'D' b L O G 1C. "Q' - A 1A n n A I T 01= A U Lill U i 1 LAB E 11 �- V a I U r- L. `j 11 G 0 Lt NC) I' - T C-) EQ C)L6 P Z, fl L-O I i nAG•� �j 2• 1 I1 T 4 • J j ur2 EM QDa 1206f.f1T G. rIA L ' ! � pt•GE..S S S e..� S:..14�U7 •-� 2:. f�LL1Li f3aOtL 38 VpG 6 4-2 .( j A r L G �7 e=a IZ•♦ L.5 C" uJ` O 1 ,- �_ C e 1� y d M SC • CO" ..a2 'C. SsM► i p A a C 2c; C L -; to IL p At Go E.i[.0 %J04 SOS . 3S30'�. \ .9�� 1� �r1'a' 9'�• FINAL Plat _241 Ei45i PENNS30Rv TLJ p j `S f ����- Ewa �� �� L No. Municipality • - R ^� E�7 � aoIJNA _ IStr N R.la4 a � � y t �„��• one +u•ac +��se ,,Name No. Units Reviewed by the Cumberland County } Planning Commission on __ 16 - $p _ -- - -___ _ -- _ _ --� Date airmar F AU E.Q Aki F W 0 E- ecretary } } r 4• L I M IL S �- �- �i o i = "• ••• H F(7)Qr CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chernicoff, P.C., certify a true and correct copy of the NOTICE OF LAND USE APPEAL will be served by certified mail, return receipt requested, first class U.S. Mail on the following parties indicated: Mr. and Mrs. Ken Dunn Board of Supervisors 91 Ashford Drive East Pennsboro Township Enola, PA 17025 98 South Enola Drive Enola, PA 17025 Joseph A. Curcillo, III, Esquire East Pennsboro Township Solicitor Zoning Hearing Board East Pennsboro Township 98 South Enola Drive 3964 Lexington Street Enola, PA 17025 Harrisburg, PA 17109 Karen M. Balaban, Esquire Solicitor East Pennsboro Zoning Hearing Board 223 North Third Street Suite 1050 Harrisburg, PA 17101 CUNNINGHAM - HERNICOFF, P.C. Date: May 6, 2013 By: 1A G✓ Julieanne Ametrano F: \Hoine\BJW\DOCS \LAWYER.ATHENA \zoning APPEAL.wpd NOTICE OF APPEAL TO THE COURT OF COMMON PLEAS ZONING CASE ATHENA L. LAWYER : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Appellant rrr o'' cD H xm C-3._ v. : NO: 13-2531 cf, EAST PENNSBORO TOWNSHIP •{." ZONING HEARING BOARD c • Appellee I1 STIPULATION AND NOW COMES East Pennsboro Township, by its attorney Curcillo Law, LLC,John R. Beinhaur, Esquire, to file the following Stipulation: 1. On or about April 8, 2013, the East Pennsboro Township Zoning Hearing Board granted a variance to Ken Dunn and Aki Dunn concerning their rear yard setback and proposed construction by the Dunns,who are the contiguous neighbors of Athena L. Lawyer, Appellant. 2. On or about May 6, 2013, Appellant Athena L. Lawyer filed a Notice of Land Use Appeal to this Honorable Court against the East Pennsboro Township Zoning Hearing Board. 3. Appellee is East Pennsboro Township Zoning Hearing Board. 4. The appeal concerns other interested parties, namely Ken Dunn and Aki Dunn of 91 Ashford Drive, Enola, Pennsylvania 17025,the contiguous neighbors of Athena L. Lawyer. 5. The other interest party is East Pennsboro Township with a business address at 98 South Enola Drive, Enola, Pennsylvania, 17075. 6. At the request of East Pennsboro Township, a settlement conference was held with counsel for the Township, Ms. Lawyer and her attorney, and the Dunns and their Attorney. 7. Shortly following the meeting, the Dunns revised their request for a building permit so that construction would fall entirely within the existing setbacks on their property, thus making the previously approved variance, the underlying issue and cause for the appeal of Ms. Lawyer, a moot matter. 8. By correspondence dated June 3, 2013, the Dunns withdrew the Building Permit No. 20130070 and the variance granted them by the East Pennsboro Township Zoning Hearing Board. See Exhibit "A" attached hereto and made part hereof by reference. 9. The withdrawal of the Building Permit and the Variance effectively render the appeal of the matter moot and Appellant agrees that there is no further need to pursue the appeal. 10. The Appellant, the Appellee, and the other parties in interest desire that this Stipulation be their firm and settled intent and instruction that the appeal be dismissed as the underlying issues have been settled, and are now moot as the Building Permit and Variance are withdrawn, and therefore respectfully request this Honorable Court enter an Order dismissing the appeal based upon this Stipulation. 11. Signatures follow this page and individual party and interested party signatures may be combined with other individual party and interested party signatures to form the full intent of this Stipulation. WITNESS: APPELLANT: Athena L. Lawyer APPELLEE: East Pennsboro Town hip Zonin Hearing Board •`- . • By: Name: Ge0 Q F. mai 1 AA/0 Title: C witty INTERESTED PARTIES: Ken Dunn Aki Dunn EAST PENNSBORO To SHIP: By: Name: A cAnn Title: + o•�' SL ? �a•-+sl�r WITNESS: APPELLANT: Athena L. Lawyer APPELLEE: East Pennsboro Township Zoning Hearing Board By: Name: Title: INTERESTE' •ARTIES: Ale Q?- /6. -2J3/7 Ken Dunn f // 4, lt��l3 Aki Dunn EAST PENNSBORO TOWNSHIP: By: Name: Title: From:EAST PENNSBORO TWP 717+732+7810 08/09/2013 12:50 #474 P.002/002 {17) cj &hi (7- ,4i-f7- L kYvf? a( ()0 7 0 Lip if r� G vo) cat' (I' /I E� �V� G� X11 i��f 2�-� / 7/, 9 E EIVED JUN 032013 EAST PENNSBORO TWP. NOTICE OF APPEAL TO THE COURT OF COMMON PLEAS ZONING CASE ATHENA L. LAWYER : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Appellant ( , - c • •. _Cr I r-, v. : NO: 13 -2531 co rs- EAST PENNSBORO TOWNSHIP - ZONING HEARING BOARD r~ • Appellee • '. = ` -' -- ORDER AND NOW, this c:".2( day of 06,6,004-0"" , 2013, upon consideration of the Stipulation of the Appellant,the Appellee, and the other interested parties,the Appeal filed in the above captioned matter is hereby DISMISSED. BY THE COURT: 4/:: ::::,,773)......e.........":1° J. D' ution: B e J.Warshawsky,Esquire for Athena L.Lawyer,Cunningham&Chernicoff,P.C.,2320 N.Second St.,Harrisburg,PA 17110 9xen Balaban,Esquire,Solicitor for East Pennsboro Township ZHB,P.O.Box 871,Harrisburg,PA 17108-0821 M ael Reed,Esquire for Ken and Aki Dunn,Caldwell and Kearns,3631 North Front St.,Harrisburg,PA 17110 Joseph A.Curcillo,III,Esquire,Solicitor for East Pennsboro Township,Curcillo Law,LLC,3964 Lexington St.,Harrisburg,PA 17109 atri*CS Mail triL ,4/a (AI - /Y)