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HomeMy WebLinkAbout14-6362 Supreme Court o Pennsylvania f m, Court flf C(iin l]on Meas For Prothonotary Use Only: C;vil Cover Sheet Docket No: CUMSERLAND � County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons 0 Petition Transfer from Another Jurisdiction 0 Declaration of Taking E CLead Plaintiff's Name: Lead Defendant's Name: Jo Anna Cameron Vince Dilifipo TDollar Amount Requested: ®within arbitration limits I Are moneyrequested? El Yes 0 No damages g q (check one) 0outside arbitration limits 0 N Is this a Class Action Suit? 0 Yes D No Is this an MDJAppeal? 0 Yes F1 No A Name of Plaintiff/Appellant's Attorney: Jason P. Kutulakis, Esquire 0 Check here if you have no attorney(are a Self-Represented [Pro Se] 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 0 Nuisance 0 Dept. of Transportation 0 Premises Liability 0 Statutory Appeal: Other S 0 Product Liability(does not include mass tort) 0 Employment Dispute: E Discrimination 0 Slander/Libel/Defamation 0 Employment Dispute: Other 0 Zoning Board C 0 Other: 0 Other: T I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste ® Other: 0 Ejectment 0 Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent Mandamus 0 Landlord/Tenant Dispute ® Non-Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: Updated 1/112011 0 t 2014 NOV -3 AM 9: 38' �1 & OM & CUMBERLAND COUN l' �, N ULAKIS PENNSYLVANIA Jason P.Kutulakis,Esquire Attorney I.D.#: 80411 2 West High Street Carlisle,PA 17013 (717)249-0900 JO ANNA CAMERON, IN THE COURT OF COMMON PLEAS And CUMBERLAND COUNTY,PENNSYLVANIA CUMBERLAND COUNTY REPUBLICAN COMMITTEE V. DOCKET NO.: VINCE DILIFIPO,in his official capacity NATHAN SPADE,in his official capacity NANCY GRIFFIE,in her official capacity HAROLD KERTES,in his official capacity DAVID LENKER,II,in his official capacity And SILVER SPRINGS TOWNSHIP : At law and equity NOTICE TO PLEAD TO: Vince Deihfipo Nathan Spade Nancy Griffie Harold Kertes David Lenker,II Silver Springs Township 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 Petition 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 1/ 7 k'4 3 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 Respectfully Submitted, )�nP OM&KUTULAKIS,LLP Date: November 3, 2014 . Kutulakis, Esquire est High Street isle, PA 17013 (717) 249-0900 JO ANNA CAMERON, IN THE COURT OF COMMON PLEAS And CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY REPUBLICAN COMMITTEE V. DOCKET NO.: VINCE DILIFIPO, in his official capacity NATHAN SPADE, in his official capacity NANCY GRIFFIE, in her official capacity HAROLD KERTES, in his official capacity DAVID LENKER, 11, in his official capacity: And SILVER SPRINGS TOWNSHIP : At law and equity COMPLAINT FOR MANDAMUS, DECLARATORY AND INJUNCTIVE RELIEF and OTHER EMERGENCY RELIEF JURISDICTION AND VENUE 1. Jurisdiction is conferred by 42 Pa.C.S. §931(a). 2. Venue lies with this Court pursuant to Pa.R.Civ.P. 1092(c) and Pa.R.C.P. 1006(a)(1). FACTUAL BACKGROUND 3. Joanna Cameron is an adult, residing at 10 Thyme Court, Mechanicsburg, Cumberland, County, Pennsylvania which is located within the Silver Spring 3rd voting precinct. 4� Joanna Cameron is registered to vote in Silver Spring Township 3rd Precinct, Cumberland County, Pennsylvania. 5. The Cumberland County Republican Committee is organized with the authority of the Pennsylvania General Assembly with an address of 8 Stover Drive, Carlisle, Cumberland County, Pennsylania. 25 P.S.§ 2837 6. The designated voting poll for Silver Spring 3rd Precinct is located at the Calvary Evangelical Lutheran Church, 208 Woods Drive, Mechanicsburg, PA 17050. See, precinct information from the Cumberland County Bureau of Elections web page— www.ccpa.net, attached hereto as "Exhibit A." 7. The Calvary Evangelical Lutheran Church is bordered by Route 114 (Hogestown Road) and Woods Drive. 8. The sole entrance into the Calvary Evangelical Lutheran Church is via its single driveway connected to Woods Drive. See, Google Earth image attached hereto as "Exhibit B." 9. The relevant sections of Woods Drive connect to Route 114 (Hogestown Road) to the East and the Carlisle Pike to the West. See, Exhibit C. 10. The residents of Silver Spring 3rd Precinct are located south of Woods Drive between Texaco Road and the Borough of Mechanicsburg. See, Exhibit A. 11. On June 25, 2014, the Silver Spring Township Board of Supervisors approved a contract referred to as the Woods Drive Signalization Project for the purpose of installing a traffic signal at the intersection of Woods Drive and Route 114. See, page 2-3 of the minutes of the Silver Spring Township Board of Supervisors June 25, 2014, meeting attached hereto as "Exhibit D." 12. On July 16, 2014, the Silver Spring Township Supervisors "[A]pproved the temporary closure of Woods Drive East and West at the intersection of RT 114, from July 28, 2014 through October 15, 2014 for the completion of the Woods Drive Signalization Project." See,page 3 of the Minutes from the July 16, 2014 public meeting attached hereto as "Exhibit E." 13. Silver Spring Township posted a Road Closure Notification informing that Woods Drive would be closed from July 28, 2014 through approximately October 15, 2014. See, Notice attached hereto as "Exhibit F." 14. On October 8, 2014, the Silver Spring Township Supervisors discussed the Woods Drive Closure at their public meeting of that date. See, page 5 of the minutes of the October 8, 2014 meeting attached hereto as "Exhibit G." 15. On October 23, 2014, Silver Spring Township posted an update to the Woods Drive road closure indicating that Wood Drive utility work would be completed on October 27, 2014 and the road reopened until April 2015. See, 10/23 Update attached hereto as "Exhibit H." 16. The public minutes of the Silver Spring Township Board of Supervisors is devoid of any additional public action taken by the Board of Supervisors to further extend the Woods Drive Road closure beyond October 27, 2014 as evidenced in Exhibit H. 17. On or about October 30, 2014, Joanna Cameron contacted the Cumberland County Bureau of Elections seeking some help to ensure that she and her fellow citizens would have full access to the Silver Spring 3rd voting precinct on November 4, 2014. 18. Ms. Cameron was informed by the Cumberland County Bureau of Elections that if voters could not gain access of November 4, 2014, they should be directed to drive to the Bureau of Elections located at 1601 Ritner Highway, Carlisle, Pennsylvania where they could cast their vote. 19. The Bureau of Elections is located approximately 14.34 miles with an estimated time of travel of nearly 20 minutes from Calvery Lutheran Church. See, Mapquest attached hereto as "Exhibit I." 20. Not satisfied with the solution proposed by the Cumberland County Bureau of Elections, Ms. Cameron contacted the Cumberland County Republican Committee seeking its assistance. 21. On Friday, October 30, 2014, Cumberland County Republican Committee Chair, Greg Rothman, telephoned Vincent DiFilippo in his capacity of Silver Spring Township Supervisor. 22. Vincent DiFilippo was informed of the Woods Drive closure and the concerns that voters of the Silver Spring Township 3rd Precinct would be disenfranchised on November 4, 2014, as access was limited if not impossible. 23. Vincent DiFilippo was to discuss with the Township Manager and advise as to the Township's position. 24. To date, Vincent DiFilippo has failed to make any contact with Ms. Cameron or. Chairman Rothman. 25. To date, the Silver Spring Township Board of Supervisors has yet to offer a solution to enable all of the residents of Silver Spring Yd Precinct the ability to vote. 26. At the intersection of Woods Drive and Route 114, there are five (5) road closure and construction signs and four pieces of construction equipment consisting of. 1.) 1 backhoe, 2.) 1 dump truck, 3. 2 —tailored lighting systems. See, photo graph attached hereto as "Exhibit J." 27. At the intersection of Woods Drive and Carlisle Pike is a construction sign that warns that Woods Drive is closed ahead. See, two (2) photographs attached hereto as "Exhibit K." 28. All of the signage and equipment located on Woods Drive, east of Route 114, can very easily be removed. 29. Just east of the intersection of Woods Drive and Commerce Drive there is a Road Closed sign flanked by lighted construction signsl which collectively consume 3/ of the roadway. See, photograph attached hereto as "Exhibit L." 30. The only actual construction taking place on Woods Drive is to the east of Route 114. See, two (2) photographs attached hereto as "Exhibit M." 31. At the intersection of Carlisle Pike and Route 114, facing North on Route 114, the Township has posted a construction sign warning that Woods Drive is closed. This sign also directs traffic to travel east on the Carlisle Pike toward Harrisburg, this is in the opposite direction one would travel to get to the intersection of Woods Drive and Carlisle Pike. See, photograph attached hereto as "Exhibit N." 32. At the intersection of Route 114 and Trindle road, facing North on Route 114, At the intersection of Carlisle Pike and Route 114, facing North on Route 114, the Township has posted a construction sign warning that Woods Drive is closed. This sign also directs traffic to travel east on the Trindle Road toward Harrisburg, this is in the opposite direction one would travel to get to the intersection of Woods Drive and Carlisle Pike. See, photograph attached hereto as "Exhibit N." 33. The construction signage creates significant confusion and it is believed will deter voters from casting their votes in Silver Spring 3rd Precinct. 34. As a result of the Woods Drive closure, there is no legal mean of ingress or egress to Silver Spring Yd Precinct. 35. Wood Drive remains completely closed. 1 The sign stands are clearly marked as being owned by Silver Spring Township. 36. It is 3.3 miles and approximately 10 minutes from the closure at Woods Drive and Route 114, traveling to the Carlisle Pike entrance onto Woods Drive, to the Calvary Church. 37. The intersection of Woods Drive and Carlisle Pike in proximate to the Cumberland Valley High School. 38. During the peak voting hours of 7:00 a.m. to 9:30 a.m. and 3:00 p.m. to 6:30 p.m., the intersection of Woods Drive and Carlisle Pike is extremely congested with buses and other Cumberland Valley School District traffic. 39. In 2012, 1125 voters in Silver Spring 3rd Precinct were registered to vote. 40. In the 2012 general election, 885 votes were cast at the Silver Spring Yd Precinct. 41. Of the 885 votes cast in 2012, 509 voted for Presidential candidate Mitt Romney. 42. There currently are 1148 registered voters in Silver Spring Yd Precinct. 43. It is believed and therefore averred that the actions of the Silver Spring Township Board of Supervisors, by closing Woods Drive, will preclude Joanna Cameron and over 1000 other registered voters from casting their votes on November 4, 2014. 44. It is believed and therefore averred that the actions of the Silver Spring Township Board of Supervisors, specifically Vincent DiFilippo, is a conscious attempt to disenfranchise the voters of Silver Spring Yd Precinct from exercising their right to vote on November 4, 2014. 45. The right to vote by qualified citizens is a fundamental right guaranteed under various provisions of the Constitution. See U.S. Const. art. I, §§ 2 & 4; art. II, § 1; and amend. I and XIV. The Supreme Court has declared that "No right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live. Other rights, even the most basic, are illusory if the right to vote is undermined." Wesberry v. Sanders, 376 U.S. 1, 17 (1964). In Williams v. Rhodes, the Supreme Court reiterated that the right to vote "rank[s] among our most precious freedoms." Williams, 393 U.S. 23, 30 (1968). 46. The deadline for applications for absentee ballots was October 27, 2014, the same day Woods Drive was noticed to reopen. 47. The deadline for Emergency Absentee ballots was due on October 31, 2014. F 48. The general election is Tuesday, November 4, 2014. 49. Plaintiffs and all registered voters in Silver Spring Yd Precinct will be irreparably harmed if they are precluded from casting their votes on November 4, 2014. 50. This injury, if it occurs, will be of the gravest magnitude and will give rise to a violation of at least the Equal Protection Clause of the Fourteenth Amendment. See O'Brien v. Skinner, 414 U.S. 524 (1974); Harper v. Va. State Bd. of Elections, 383 U.S. 663 (1966). 51. No other remedy is available to plaintiffs and the voters of the Yd Precinct. 52. Section 2 of the Voters Right Act of 1965, as amended, 42 U.S.C. 1973, and the First, Fourteenth and Fifteen Amendments of the United States Constitution. 53. This Honorable Court has jurisdiction because this suit is authorized by the Civil Rights Act of 1871, 42 U.S.C. 1983. 54. The Defendants actions or inactions directly and proximately will disenfranchise plaintiffs and over 1000 other registered voters or otherwise significantly overburden plaintiffs and others right to vote. 55. Plaintiffs reasonably anticipate that, absent the relief requested herein, they will be disenfranchised or severely burdened in the exercise of their fundamental right to vote on November 4, 2014. 56. An actual and justiciable controversy exists as to which the plaintiffs require a declaration as to their rights. Unless the requested relief is granted, Defendants will continue to wrongfully infringe on the Constitutional Rights of the Plaintiffs and other voters. 57. Plaintiffs are suffering irreparable harm that is directly caused, and preventable, by Defendants. 58. It is believed and therefore averred that no bond in necessary nor required to be posted by Plaintiffs. 59. It is believed and therefore averred that as the General Election in Pennsylvania is November 4, 2014, emergency action by This Honorable Court is required. COUNT I—MANDAMUS 60. Paragraphs 1-59 are incorporated herein. 61. Mandamus is an action at law and an extraordinary writ used as a remedy to compel performance of a ministerial act or a mandatory duty. Borough of Plum v. Tresco, 146 Pa. Cmwlth. 639, 606 A.2d 951 (1992). 62. Seeking of mandamus requires a party file a complaint setting forth the following: a. Identify, by name and/or description, the plaintiff and all parties; b. The facts upon which the plaintiff relies for the relief sought; c. The act or duty the defendant is required to perform and the refusal to perform it; d. The interest of the plaintiff in the result; e. The damages, if any; f. The want of any adequate remedy at law; g. A prayer for the entry of judgment against the defendant commanding that the defendant perform the act or duty required to be performed and for damages, if any, and costs. Pa.R.Civ.P. 1095. 63. Rule 1098 permits This Honorable Court to enter Judgment if the right to the plaintiff is clear. 64. It is believed and therefore averred that the Defendants closure of Woods Drive and isolation of Calvary Church places the right of a Judgment crystal clear. 65. Judgment may be entered even where service has not been perfected where the exigency of the case is such as to require action before notice. 66. While notice is being made by Sheriff and also is contemporaneously with the filing of the within Complaint being sent to the Township Solicitor, it is believed and therefore averred that a true exigency exists and notice is therefore not required prior to an Order being entered. WHEREFORE, Plaintiff respectfully requests this Court grant Mandamus against Defendants and Order defendants to immediately remove all construction signs and equipment from Woods Drive from Route 114 to Carlisle Pike. COUNT II—DECLARATORY RELIEF 67. Paragraphs 1- 66 are incorporated herein. 68. 42 Pa.R.C.P. 1601 et. Seq and 42 Pa.C.S.A. 7532 provides that declaratory relief may be sought by way of a Complaint. 69. When the question of a governmental body's authority is challenged, the Declaratory Judgments Act is properly invoked. Mechanical Contractors Association of Eastern Pennsylvania, Inc. v. Com., Dept. of Educ., 860 A.2d 1145, Cmwlth.2004, reconsideration denied, affirmed in part, reversed in part 934 A.2d 1262, 594 Pa. 224. WHEREFORE, it is prayed that This Honorable Court will enter a declaratory judgment against defendants and Order that their actions violate Plaintiffs right to vote as provided by the United States and Pennsylvania Constitutions. COUNT III—EMERGENCY AND PERMANENT INJUCTION 70. Paragraphs 1-69 are incorporated herein. 71. Pa.R.C.P. 1531(a) authorizes the Court to issue a preliminary or special injunction "only after written notice and a hearing unless it appears to the satisfaction of the court that immediate and irreparable injury will be sustained before notice can be given or a hearing held, in which case the court may issue a preliminary or special injunction without a hearing or without notice." 72. An injunction granted without notice to the defendant shall be deemed dissolved unless a hearing on the continuance of the injunction is held within five days after the granting of the injunction or within such other time as the parties may agree or as the court upon cause shown shall direct. Pa.R.C.P. 1531(d). 73. After preliminary hearing, the court shall make an order dissolving, continuing or modifying the injunction. Pa.R.C.P. 1531(e). 74. While improper pecuniary loss or gain is generally regarded as a reparable wrong and thus not grounds for an injunction, Plaintiff will be irreparable harmed if Defendants are not restrained from closing all access to Woods Drive and the Calvary Church by injunction. WHEREFORE, Plaintiff respectfully requests this Court issue a permanent injunction prohibiting Defendants from closing Woods Drive, from the intersection of Woods Drive and Route 114, continuing west on Woods Drive to the intersection of Woods Drive and Carlisle Pike, until further order of court. COUNT IV—VIOLATION OF 15th AMENDMENT and 42 U.S.C. 1983 75. Paragraphs 1-74 are incorporated herein. 76. 42 U.S.C. § 1983 states, "every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory of the District of Columbia, subjects, or cases to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress." 77. In other words, to state a § 1983 claim, a plaintiff must demonstrate that the defendant, acting under color of state law, deprived him or her of a right secured by the Constitution or the laws of the United States. American Mfrs. Mut. Ins. Co. v. Sullivan, 526 U.S. 40, 49-50 (1999) (Internal citations omitted). 78. In order to demonstrate a procedural due process violation, "a plaintiff must show that (1) she was deprived of an individual interest encompassed within the Fourteenth Amendment's protection of life, liberty, or property, and that (2) the procedures available to her did not provide due process of the law." Mayo v. Bangor Area School Dist., 2013 WL 3716533 (E.D. Pa. 2013) (internal citations omitted). 79. It is believed and therefore averred that the actions of the defendants, limiting or precluding plaintiffs access to the Calvary Church on Woods Drive and thus plaintiffs right to vote on November 4, 2014, will deprive her of her constitutional rights. WHEREFORE, Plaintiff demands judgment against Defendants, including compensatory and punitive or exemplary damages, reimbursement of all reasonable attorneys' fees and costs, pre- judgment and post judgment interest, and such other further relief as may be just, necessary and proper. It is further prayed that this Honorable Court Order the following relief: 1. Compel Defendants and Silver Spring Township to: a. Immediately remove all construction vehicles located on Woods Drive between Route 114 and Carlisle Pike. b. Immediately remove all construction signs located on Woods Drive between Route 114 and Carlisle Pike. c. Immediately change the remaining constructions signs to indicate that it is only Woods Drive to the East of Route 114 that is closed. d. Pay the costs and reasonable attorney fees associated with the bringing this action. 2. Set a hearing date to take testimony and receive evidence for permanent relief. 3. Schedule a case management calendar on all remaining claims. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. C e )Jon fP. utulakis Silver Spring Township Voting Precincts and Polling Locations 1 «••-- St Paul's Eveng lical Lutheran Church _ 6839 ertzville Rd 4_ Young's United Methodist Church 7075 Wertzville Rd Y 4 „ v e 9 , M.aw 7 6k Blessed Katherine Drexel Parish 1 Peter Dr ,,.�.. Silver Spring Tw Social Hal 6471 Carlisle Pike yo. Cumberland Valley High School Wrestling Room Silver Spring Fresh rian Church a 3 6746 Carlisle Pike 5 [+1 444 Silver Sp Rd Calvary Evangelical Lutheran Church ` 208 Woods Drive New Kingstown Fire Co. t 277 N Locust Point Road 4 ­q° �� - 3 �V Good News Free Methodist Church �--!` 124 State Rd `j $ `y b Legend ® vae.oio"m:a� an.r renter.. 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S { . � \ § / j - § 42 j § \ / C % . y \ \ \ C-- It( \ r \ £ \ � o / / _ §\xy « ± \\ / f CD @ k E 7 \ a 2 J _ f N O e: m a ro C p �Q K A O .r IV A W y r N All O �1 W N j (Nj1 O � . v `G CO r rLO /J C Jfff/// II �1 co r' CD N t l < cm O jo O CD N P CD a � O a f r r1{ ^t $a 3 � � m a D N N O_ A t R rt. p , j zt Q m (RD A (O Q. fU Jpt�` a O m l� S 3 0 0 � o v v Ns � � m CP io m A `D O IV o V 1 O W W V A W m N �Q Q5 Zi Ov t O CD cn (O O n �DYf1' r c_ y S7 3 G ---Hoge WH-�^"" "to u7 v4` c L] ubbles' °o j CIo MINUTES BOARD OF SUPERVISORS JUNE 25, 2014 REGULAR MEETING 6:30 PM CONSENT AGENDA a. MINUTES— 06/11/2014 b. EXPENSES— 06/13/2014, 06/25/2014 On a DiFilippo/Spade motion, the Board of Supervisors approved the consent agenda as presented. The motion carried. NEW BUSINESS 1. Land Use Appeal On a Spade/DiFilippo motion, the Board of Supervisors approved having Solicitor Stine file a notice of intervention in the Land Use Appeal from the Court of Common Pleas of Cumberland County in regard to Case No. 14-3470; Pennsy Supply Inc., vs. The Zoning Hearing Board of Silver Spring Township. The motion carried. 2. SSFC Expansion Project: Change Order No. 1 On a Lenker/Spade motion, the Board of Supervisors approved Change Order No. 1 for the SSFC Expansion Project for Site Work by Horst Excavation in the amount of$253,565.52, and Fire Protection by Precision Sprinkler in the amount of $51,000.00 plus Fees and Overhead by Horst Construction in the amount of$44,926.29 for a total of$349,491.81. The motion carried. 3. Agreement and Award of Contract:Woods Drive Signalization Project a. Agreement On a DiFilippo/Lenker motion, the Board of Supervisors approved the Agreement between Charter Homes, Custer Homes and the Township concerning the Woods Drive Signalization Project for the construction of a traffic signal at Woods Drive and Rt. 114. The motion carried. EXHIBIT Page 2 of 8 MINUTES BOARD OF SUPERVISORS JUNE 25, 2014 REGULAR MEETING 6:30 PM b. Contract On a Spade/DiFilippo motion, the Board of Supervisors approved award of the contract for the Woods Drive Signalization Project to Blooming Glen Contractors as the low cost bidder for a bid in the amount of$885,069.00. The motion carried with Supervisor Lenker opposed. 4. Foxwood Development: Engineering Proposal On a Lenker/Spade motion, the Board of Supervisors tabled a proposal from HRG, Township Engineer in regard to the installation of a discharge swell extension at a cost not to exceed$12,450.00. The motion carried. 5. Mulberry Drive Road Repair On a Spade/DiFilippo motion, the Board of Supervisors approved having the Township manage a project to repair Mulberry Drive provided the Authority fund the cost of the project. The motion carried with Supervisor Lenker opposed. 6. Expense Approvals a. Power Generator On a DiFilippo/Spade motion, the Board of Supervisors approved an expense toward the purchase and installation of a power generator from Remco Inc. at a cost not to exceed$9,000.00. The motion carried with Supervisor Lenker opposed. b. Remote Desktop Licensing On a Spade/Lenker motion, the Board of Supervisors approved an expense toward the purchase of Microsoft remote desktop services license from Lam Systems, Inc. at a cost not to exceed$910.00. The motion carried. 7. Personnel Matters: Roads Maintenance Supervisor On a Spade/DiFilippo motion, the Board of Supervisors approved a job description for the Roads Maintenance Supervisor as prepared by management and submitted to the Board by management and to advertise for the position. The motion carried with Supervisor Lenker opposed. Page 3 of 8 MINUTES BOARD OF SUPERVISORS JULY 16, 2014 WORKSHOP MEETING 6:30 PM 2. Paul Wafters Memorial Park Development, Phase 1:Award of Contract On a Kertes/Lenker motion, the Board of Supervisors approved the award of the contract for professional services to Yost Strodoski Mears (YSM) in regard to the design of a Master Site Plan and development of Construction Drawings for Paul Walters Memorial Park at a rate of $78,425.00 plus an additional $12,735.00 for Bidding and Construction Observance for a combined total cost not to exceed $91,160.00. The motion carried. 3. Eckert Seamans Cherin & Mellott: Agreement On a Spade/Kertes motion, the Board of Supervisors approved an Agreement with Eckert Seamans Cherin & Mellott, LLC for legal services in regard to general labor and employment matters at a rate of $245.00 per hour. The motion carried. 4. Road Closures: Woods Drive and Hempt Road a. Woods Drive On a Lenker/DiFilippo motion, the Board of Supervisors approved the temporary closure of Woods Drive, East and West, at the intersection of RT 114, from July 28, 2014 through October 15, 2014 for the completion of the Woods Drive Signalization project. The motion carried. b. Hempt Road On a Lenker/Kertes motion, the Board of Supervisors approved the temporary closure of Hempt Road, except for local traffic, from Texaco Road to the Carlisle Pike, from August 4 through August 8, 2014 for road repair. The motion carried. EXHIBIT Page 3 of 8 E Woods ROAD CLOSURE NOTIFICATION Please be advised that WOODS DRIVE, at the intersection of Route 114, on both the east and west sides (map) will be closed from July 28th through approximately October 15, 2014. This closure is in conjunction with the Woods Drive Signalization Project. Traffic along the east side of Woods Drive will be detoured to SILVER SPRING ROAD; traffic along the west side of Woods Drive will be detoured to the CARLISLE PIKE. Should you have any questions and/or concerns, please contact the Township Administration Office at (717) 766-0178. Your patience and understanding are appreciated. Thank you, Theresa F. Eberly, Township Manager M 1 EXHIBIT MINUTES BOARD OF SUPERVISORS OCTOBER 8, 2014 WORKSHOP MEETING 6:30 PM 3. Advertisement of Open Position On a Kertes/DiFilippo motion, the Board of Supervisors approved advertisement of the Police Superintendent or Police Chief position. The motion carried. 4. Memorandum of Understanding: School Resource Officer On a Lenker/Kertes motion, the Board of Supervisors approved a memorandum of understanding by and between Silver Spring Township and Cumberland Valley School District in regard to the School Resource Officer(SRO)position. The motion carried. Manager Eberly noted that the Woods Drive Signaliization project had been experiencing additional delays and deferred to Steve Fleming, Township Engineer for comment. Mr. Fleming advised that a contingency plan was being developed in the event that paving of the project could not be completed this season. Mr. Fleming noted that he was working with Handwork and UWPA to address delays caused by the relocation of a water main pipe and that additional details would be made available via the Township website once the plan had been completed. Jason Foster, Building & Codes Manager/BCO noted that ISO would be performing an audit in regard to the Building & Code Department to ensure that protocol was being followed when performing building inspections within the Township. He advised that the audit is a voluntary process and that the findings of ISO are used to help determine rates for homeowners insurance. Supervisor DiFilippo noted that the Township would be holding two public meetings at the New Kingstown Fire Company, on October 22nd and 28th and asked that everyone help spread the word so that we can fill the room. Supervisor DiFilippo noted that the Township was interested in gathering opinions and input as to how we can help keep our volunteer fire companies going. Supervisor Lenker requested that staff look in to the feasibility of installing AED devises in township vehicles for Public Works; Manager Eberly will follow up. Supervisor Lenker asked for a status report in regard to the Foxwood drainage; Manager Eberly will follow up with Solicitor Stine. EXHIBIT Page 5 of 6 ' 10/23 UPDATE: Woods Drive and 114 Traffic Signal Utility work is estimated to be completed on October 27th and the contractor will re-mobilize. The eastern portion of Woods Drive repairs will be completed and the road will be winterized for safe travels. This work is planned to be completed by late November and Woods Drive will reopen until April. The contract will re-mobilize in the spring to complete the project. Woods Drive is expected to close for the final completion of the project work from April through early June. 1 EXHIBIT m a 7R (D \ ~HL-1 ƒ E ® d a « } CD 0) . k } 2 � y -nCD /� § % m a\ a / \} e\\ �0 E 0E ƒ » E\ .. \ k \ Eƒ 9 0 \ �k � � / ® ■ 23 ® / \ 0n . * , ■ ƒ E c - - m � / o ƒ / j� } . \ } _ _ . ] \\ } fy OLO j cD \ \_ } m 2 \ ^ / Cz. t U \ {A \ \fe .m CD \ ] { § 0 c: ■ . ƒ (� � ƒ K © ° / 2 2 | o / CD 0 } ' \ \ ■ / § \ 0 \ E « 0 / ° f ® ) g m / _ « / ƒ { \ _ ƒ CD EXHIBIT I � S r� +1 a u a EXHIBIT " 1 i srLL', X , g :» \ m . . . « ■ ------------ Olq��\IiYyN "rn 'm V" -4 EXHIBIT ROAD CLOSED. - F n 0 r . - n � _ L , a' --7777 sy.,g s• EXHIBIT a D s " m WON i STOP .� ".� ,�._.._._. ..._ �.-�-mss-_- z +►� � -- a, „ f vJ - J 1,_ • e , . ,c .r. VERIFICATION PURSUANT TO Pa.R.C.P. 1024(c) Jason P. Kutulakis, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and/or because the party for whom he makes this affidavit is outside the jurisdiction of the court,and verification of none of them can be obtained within the time allowed for the filing of the document; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. 4904,relating to unsworn falsification of authorities. Date: ��._ �� �G J son Kutulakis,Esquire CERTIFICATE OF SERVICE AND NOW, this 3' day of November, 2014, I, Shannon Freeman, of Abom & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing COMPLAINT FOR MANDAMUS, DECLARATORY AND INJUNCTIVE RELIEF and OTHER EMERGENCY RELIEF by Cumberland County Sheriff, via email, and by depositing, or causing to be deposited, same in the United States Mail, first-class mail,postage prepaid addressed to the following: Vince Dihfipo Silver Springs Township 8 Flowers Drive Mechanicsburg, PA 17050 Nathan Spade Silver Springs Township 8 Flowers Drive Mechanicsburg, PA 17050 Nancy Griffie Silver Springs Township 8 Flowers Drive Mechanicsburg, PA 17050 Harold Kertes Silver Springs Township 8 Flowers Drive Mechanicsburg, PA 17050 David Lenker, II Silver Springs Township 8 Flowers Drive Mechanicsburg, PA 17050 Silver Springs Township 8 Flowers Drive Mechanicsburg, PA 17050 ha non Freeman t , JO ANNA CAMERON, IN THE COURT OF COMMON PLEAS And CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY REPUBLICAN COMMITTEE V. DOCKET NO.: 14-6362 C- _ VINCE DILIFIPO, in his official capacity -;, � NATHAN SPADE, in his official capacity Ln3. NANCY GRIFFIE, in her official capacity e : HAROLD KERTES, in his official capacity 2 CD p C) DAVID LENKER, II, in his official capacity: And --� SILVER SPRINGS TOWNSHIP : At law and equity PETITION FOR EMERGENCY RELIFE PURSUANT TO THE COMPLAINT FOR MANDAMUS, DECLARATORY AND INJUNCTIVE RELIEF and OTHER EMERGENCY RELIEF JURISDICTION AND VENUE 1. Jurisdiction is conferred by 42 Pa.C.S. §931(a). 2. Venue lies with this Court pursuant to Pa.R.Civ.P. 1092(c) and Pa.R.C.P. 1006(a)(1). FACTUAL BACKGROUND 3. Joanna Cameron is an adult, residing at 10 Thyme Court, Mechanicsburg, Cumberland County, Pennsylvania which is located within the Silver Spring 3rd voting precinct. 4. Joanna Cameron is registered to vote in Silver Spring Township 3rd Precinct, Cumberland County, Pennsylvania. 5. The Cumberland County Republican Committee is organized with the authority of the Pennsylvania General Assembly with an address of 8 Stover Drive, Carlisle, Cumberland County, Pennsylania. 25 P.S.§ 2837 6. Defendants are the duly elected supervisors of Silver Spring Township and the Township itself. 7. A Complaint seeking Mandamus, Declaratory Judgment, Injunctive relief and other relief and damages pursuant to the 15th Amendment of the United State Constitution and 42 U.S.C. 1983 was filed at 9:39 a.m. on Monday, November 03, 2014. 8. Due to the exigencies related to the General Election on November 4, 2014, emergency relief and immediate Order is required. WHEREFORE, it is respectfully prayed that This Honorable Court immediately grant the relief sough in Counts I, II, and III of the complaint filed at the above-captioned docket. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Json P. Kutulakis CERTIFICATE OF SERVICE AND NOW, this 3"' day of November, 2014, I, Shannon Freeman, of Abom & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR EMERGENCY RELIEF PURSUANT TO THE COMPLAINT FOR MANDAMUS, DECLARATORY AND INJUNCTIVE RELIEF and OTHER EMERGENCY RELIEF by email, and by depositing, or causing to be deposited, same in the United States Mail, first-class mail,postage prepaid addressed to the following: Steven Stine, Esquire 23 Waverly Drive Hummelstown, PA 17036-9258 >Sannon Freema r JO ANNA CAMERON and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CUMBERLAND COUNTY, PENNSYLVANIA REPUBLICAN COMMITTEE, Petitioner V. VINCE DIFILIPO, in his official capacity; NATHAN : SPADE, in his official capacity; NANCY GRIFFIE, in her official capacity; : HAROLD KERTES, in his official capacity; DAVID LENKER, II, in his official capacity, and SILVER SPRINGS TOWNSHIP, Respondent NO. 14-6362 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of November, 2014 , by agreement of the parties, it is hereby ordered and directed as follows : 1 . Woods Drive through the Carlisle Pike to the polling place at the Calvary Church is open now and will remain open until at least 9 : 00 p.m. on Tuesday, November 4, 2014 . 2 . The remaining 250 feet of Woods Drive from the Calvary Church to Route 114 will be open from 6: 00 a.m. until 9 : 00 p.m. on November 4, 2014 . 3 . The construction equipment has been removed and it will not return before November 5, 2014 . 4 . The detour signs and the Woods Drive closed signs shall be removed or covered from at least 6 : 00 a.m. . l until 9 : 00 p.m. on November 4 , 2014 . S . The Township shall issue a press release by 8 : 00 p.m. to all local media to include print, television, and radio to the effect that Woods Drive will be open in its entirety from the Carlisle Pike through 114 as per the terms of this order . The following portions of this order were contested by the parties and are entered by the Court after hearing the evidence : 6 . Left-hand turns and right-hand turns shall be permitted from Route 114 onto Woods Drive from the hours of 7 : 00 a.m. until 8 : 00 p.m. on Tuesday, November 4 , 2014 . 7 . The Township is directed to have a police officer and/or fire police available to direct traffic if it feels that to be necessary. 8 . Defendant ' s request for attorney' s fees are denied. By the Court, 64ji;;�) Edward E. Guido, J. Jason Kutulakis, Esquire For the Petitioners Steven Stine, EsquireVTI zI-_ For the Respondents C71 CD >L_ CO // 3 /fy OM& .LITLILAKIS Jason P. Kutulakis, Esquire Attorney I.D. #: 80411 2 West High Street Carlisle, PA 17013. (717) 249-0900 JO ANNA CAMERON, And CUMBERLAND COUNTY REPUBLICAN COMMITTEE E PRO T Fi0P 0 TA Fr 2(1/4 NOV -3 P! I: 59 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA - V. : DOCKET NO.: ) q _ / I 6 e?- VINCE DILIFIPO, in his official capacity NATHAN SPADE, in his official capacity : NANCY GRIFFIE, in her official capacity : HAROLD KERTES, in his official capacity : DAVID LENKER, II, in his official capacity: And SILVER SPRINGS TOWNSHIP : At law and equity PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please kindly substitute the attached Verification to the Complaint for Mandamus, Declaratory and Injunctive Relief and Other Emergency Relief which was filed on November 3, 2014. Respectfully submitted, DATE ii -51/4((( ABOM & KUTULAKIS, L.L.P. IN1k 'pf Jason . utulakis, - squfre Supreme Court ID No. 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Petitioner VERIFICATION I, Jo Anna Cameron, 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 herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date it NIL( SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ' i�i'�D � I�t�.�r-C THE,, i. Jody S Smith Chief Deputy Richard W Stewart Solicitor OflCE (F Th .t 2814 NOV 20 PM : 15 CUMBERLAND COUNTY PENNSYLVANIA Jo Anna Cameron (et al.) vs. Vince Dilifipo (et al.) Case Number 2014-6362 SHERIFF'S RETURN OF SERVICE 11/04/2014 12:10 PM - Deputy Tim Black, being duly sworn according to law, served the requested Complaint & Notice and Court Order by handing a true copy to a person representing themselves to be Wendy J. Atkins, Secretary, who accepted as "Adult Person in Charge" for Silver Spring Township at 8 Flowers Drive, Silver Spring Township, Mechanicsburg, PA 17050. TIM : AC , DEPUTY 11/04/2014 12:10 PM - Deputy Tim Black, being duly sworn according to law, served the requested Complaint & Notice and Court Order by handing a true copy to a person representing themselves to be Wendy J. Atkins, Secretary, who accepted as "Adult Person in Charge" for Vince Dilifipo at 8 Flowers Drive, Silver Spring Township, Mechanicsburg, PA 17055. TIM : A' DEPUTY 11/04/2014 12:10 PM - Deputy Tim Black, being duly sworn according to law, served the requested Complaint & Notice and Court Order by handing a true copy to a person representing themselves to be Wendy J. Atkins, Secretary, who accepted as "Adult Person in Charge" for Nathan Spade at 8 Flowers Drive, Silver Spring Township, Mechanicsburg, PA 17055. TIM =LAC , DEPUTY 11/04/2014 12:10 PM - Deputy Tim Black, being duly sworn according to law, served the requested Complaint & Notice and Court Order by handing a true copy to a person representing themselves to be Wendy J. Atkins, Secretary, who accepted as "Adult Person in Charge" for Nancy Griffie at 8 Flowers Drive, Silver Spring Township, Mechanicsburg, PA 17055. 11/04/2014 12:10 PM - Deputy Tim Black, being duly sworn according to law, served the requested Complaint & Notice and Court Order by handing a true copy to a person representing themselves to be Wendy J. Atkins, Secretary, who accepted as "Adult Person in Charge" for Harold Kertes at 8 Flowers Drive, Silver Spring Township, Mechanicsburg, PA 17055. (c) CountySuite Sheriff, Teleosoft. Inc. TIM B CK EPUTY 11/04/2014 12:10 PM - Deputy Tim Black, being duly sworn according to law, served the requested Complaint & Notice and Court Order by handing a true copy to a person representing themselves to be Wendy J. Adkinn. Seorotary, who accepted as "Adult Person in Charge" for 1David Lenker, || at 8 Flowers Drive, Silver Spring Township, Mechanicsburg, PA 17055. TIM BL CK, PUTY SHERIFF COST: $11979 SO ANSWERS, November 05, 2014 R'NNYRANDERSON, SHERIFF (c) CounlySuilo Sheriff, Teleosoff, Inc,