HomeMy WebLinkAbout05-2319ALBERT C. KUHN : IN THE COURT OF COMMON PLEAS OF
Appellant : CUMBERLAND COUNTY, PENNSYLVANIA
V.
BOARD OF SUPERVISORS OF
NO. 2005- 66c?cj
DICKINSON TOWNSHIP, CIVIL ACTION-LAW
Appellee
NOTICE OF LAND USE APPEAL
Albert C. Kuhn, Appellant, appeals from the decision of the Board of Supervisors of
Dickinson Township, Cumberland County, Pennsylvania, denying the Plaintiff's Preliminary
Land Development Plan, dated October 11, 2004.
1. Appellant, Albert C. Kuhn is an adult individual residing at 240 Springview Road,
Carlisle, Cumberland County, Pennsylvania 17013, and is the legal owner of Lot No. 3 on the
Subdivision Plan for A.C. Kuhn prepared by Evans Engineering, Inc., dated October 11, 2004
and last revised February 9, 2005, comprising 50.74 acres, more or less, in Dickinson Township,
Cumberland County, Pennsylvania.
2. The Appellee is the Board of Supervisors of Dickinson Township, Cumberland
County, Pennsylvania, with offices at 219 Mountain View Road, Mt. Holly Springs,
Pennsylvania 17065.
3. The majority of the tract in question is situated partially in the Business-Industrial (BI)
Zoning District with a portion in the Medium Density Residential Office (MDRO) Zoning
District as shown on the official Zoning Map of Dickinson Township.
4. The Plaintiff has proposed to construct a warehouse of approximately 665,417 square
feet on the portion of the tract located in the Business-Industrial District.
5. Warehousing is a permitted use in the Business-Industrial Zone of Dickinson
Township as provided in Section 205.15 of the Dickinson Township Zoning Ordinance (a copy
of which section is attached hereto as Exhibit "A")
6. On April 15, 2005 the Board of Supervisors issued a Decision on the Application for
Preliminary Land Use Approval for the warehouse project, a copy of which is attached hereto
and incorporated herein as Exhibit "B".
7. In said Decision (Exhibit "B") the Board denied approval for the Preliminary Land
Development Plan.
8. The action of the Dickinson Township Board of Supervisors in rejecting the subject
Land Development Plan was arbitrary, capricious, an abuse of discretion and contrary to law in
that:
A. The Township, in part, failed to cite specific provisions of the Zoning or
Subdivision and Land Development Ordinance as required by Section 508(2)
of the Pennsylvania Municipalities Planning Code (53 P.S. § 10508(2)).
B. Article III, Section 205.13 of the Dickinson Township Zoning Ordinance
does not prohibit "tractor trailer traffic" as stated in Appllee's denial letter
dated April 15, 2005.
C. Appellee, Dickinson Township, created and approved the Business-Industrial
Zoning District (BI) landlocked from public road access except through a
Medium Density Residential-Office Zoning District (MDR-O) or through
lands not owned by Appellant.
D. Appellee, Dickinson Township, in paragraph 2 of the denial, inappropriately
states that access "... must be through BI District on right-of-way
arrangements which led to Commerce Drive."
2
E. The aforesaid "arrangements" reference an agreement entered into February 2,
1993 and supplemented December 5, 2000 to which Appellee was a party.
Said agreements provide access to Commerce Drive, but such access is not
contiguous to or in any manner physically connected to Appellant's property,
and further, Appllee Township has failed to undertake its obligations as
contained in said agreements, copies of which are attached hereto as Exhibit
"C". Appellant was not a party to the aforesaid agreements.
F. The aforesaid "arrangements" were never implemented and no right-of-way
across the land as contemplated is available to provide access by Appellant to
Commerce Drive pursuant to the agreements.
G. It is denied, as stated in Appllee's decision, that Developer Kuhn has obtained
an agreement with the adjoining property owner to access Commerce Drive.
However, Appellant Kuhn requested on numerous occasions conditional
approval regarding such access
H. Contrary to Appllee's decision, South Middleton Township has unequivocally
denied Appelant access to Commerce Drive as shown by the letter attached
hereto as Exhibit "D" which was introduced into evidence at the hearing. At a
subsequent meeting with South Middleton Township, prior to the hearing on
the within matter, at which Appllee's Zoning Officer was in attendance, South
Middleton Township reaffirmed refusal to allow access to Commerce Drive.
I. Appilee inappropriately cited the provision of Article IV Section 205-30A(1)
of the Zoning Ordinance as a 50 foot buffer, as required, is shown on the
plan.
J. The Township inappropriately interpreted the Zoning Ordinance to require
conditions be met on land outside of Dickinson Township (in South
Middleton Township).
K. Appllee's reliance on the catch-all provision of Section 178.3 citing health,
welfare, and safety issues is misleading in that Appellant addressed traffic
concerns by agreement to widen and construct to Appellee's specifications
Alexander Spring Road and to provide traffic signalization at the intersection
with Allen Road.
L. Paragraph 3 of the Appellee's denial letter states that the Appellant failed to
obtain "important" agreements with South Middleton Township. Indeed, on
April 4, 2005, not April 4, 2004 as stated, the Appelant proposed to attempt to
obtain these items and suggested they form the basis of conditional approval
as the law does not require the performance of a useless act. The time and
expenditure of funds to accomplish these agreements, which Appellee
characterizes as "important," would be considerable and Appellant should not
be denied approval on what is, in essence, boot strapping in support of a
decision.
M. The Township engaged in pure speculation in citing Section 205-28 of the
Zoning Ordinance for the proposition that as part of the Preliminary Land
Development Plan Appellant was required to submit proposals to the
Township to remediate violations if they occur, after construction of the
project. That section provides that all uses shall "operate" in accordance with
the standards set forth and constitutes an enforcement issue. The General
Notes on the plan as submitted affirm that the Appellant would comply with
all municipal ordinances in effect.
N. The Zoning Ordinance of Dickinson Township provides no basis for denial
on speculative impact of a Penn DOT plan.
4
O. The sewage facilities planning Module has been approved by Appellee
indicating that the proposal is consistent with municipal zoning, that no
change or variance to an existing zoning ordinance is required, and that all
applicable zoning approvals have been obtained, and the proposal is consistent
with the subdivision and land development ordinance.
P. The Appellant's project was recommended for approval by the Cumberland
County Planning Agency, and Appellee's engineer stated that there were no
"technical" deficiencies with the plan and expressed only generalized
"feelings."
Q. The public hearing to consider Appelant's project was held April 4, 2005,
with a stenographic record, and the decision to deny was rendered without
discussion of the provisions of the ordinance with which Appellant was not in
compliance so that the substantive matters set forth in the denial letter of April
15, 2005 were determined by the Township Supervisors outside of a public
meeting, all of which constitutes a violation of the Sunshine Law.
R. The Township exceeded its authority under the Pennsylvania Municipalities
Planning Code and its Zoning and Subdivision and Land Development
Ordinances and case law in rejecting the plan for "policy" reasons not
specified in the Zoning and Subdivision Ordinance.
S. The issues raised by Appellee in its letter of denial were matters which
Appellant agreed to comply with by a signed offer of acceptable conditions
submitted at the final hearing on April 4, 2005, a copy of which is attached as
Exhibit "E."
WHEREFORE, Appellant requests that this Court reverse the action of the Board of
Supervisors of Dickinson Township and approve the Preliminary Land Development Plan as
submitted by Appellant.
Respectfully submitted,
SALZMANN HUGHES, P.C.
By
q
By
Donald E. LeFever, Esquire
Attorney I.D. No. 6902
95 Alexander Spring Drive, Suite 3
Carlisle, PA 17013
(717) 249-6333
5 vJ
Date:
Attorneys for Appellants,
A.C.Kuhn
/'G. B a *arm, Esquire
AttorneyI. . No. 61935
Height (maximum)
Off-street parking
Habitable floor area
700 square feet
35 feet 35 feet
2 2 2
700 square feet
35 feet
2
700 square feet
35 feet
700 square feet
NOTES:
1 When on-lot sewage systems, whether of an individual or community type, are to be
utilized, the minimum lot size may be increased by the Board of Supervisors upon
recommendation of the Sewage Enforcement Officer or the Department of Environmental
Protection for factors relating to health and sanitation.
§ 205-15. Business-Industrial (114) District.
A. Intended purpose. The purpose of the Business-Industrial (B-I) District is to provide
areas to accommodate commercial activities and commercial/office parks which
rely on vehicles of such customer accessibility. Furthermore, the intent is to provide
suitable land for light industry which will contribute to the soundness of the
Township economic base and industrial parks in which a number of firms may
locate on a landscaped tract. Because of the possible proximity of such uses to
residential and commercial areas, restrictions are imposed to assure both attractive
and useful surroundings.
B. Permitted uses. Within the Business-Industrial (B-I) District, the following uses
shall be permitted as a matter of right:
(1) Conservation, agriculture and agriculturally related operations (§ 205-34) and
timbering.
(2) Bed-and-breakfast residence or inn (§ 205-33A).
(3) Home occupations (§ 205-33B).
(4) Government buildings.
(5) Essential services.
(6) Residential conversions (§ 205-36).
(7) Accessory apartments (§ 205-37).
(8) Child day-care centers and group child day-care homes (§ 205-38).
(9) Vehicle repair and service. [Amended 12-30-2002 by Ord. No. 5-20021
(10) Professional and administrative offices.
(11) Financial institutions.
(12) Warehousing.
(13) Manufacturing, subject to the provision of public water and sewer services,
including the following or similar applications:
EXHIBIT A
04-15-200'5 15:3$ FROM-IRWIN & McKNIGNT LAW OFFICES +7172486354 T-759 P.002/004 F-715
LAW OFFICES
IRWIN & McKNIGH'T
WEST POMFRET PROFESSIONAL BUILDING
60 WWS POMFRLT S'TRE£r HAROW S. IKWIN 1192 5-1 9 7 7)
ROGER R. IRWIN CARLISLE, PENNSYLVANIA 17013 -3722 11AROLt)5. MWIN JR, (M,14986)
MARCUS A. MCKNIGNL III IRWIN,IRWIN&IRWIN (1956-1966)
DOUGLAS G. A4ILLER (7)7) 2494353 IRWIN. )RWIN & McKN10HT 0986-1994)
MATTHEW AMcKNIGHT FAX (717) 7496354 IRWIN. MCKNIGHT & IIUGIMS (1994.2003)
WWWIMHL w.com IRW1N &McKN1GHr (2003- 1
April 15, 2005
Via Facsimile Transmission 541-1583 Via Facsimile Transmission 243-8105
and Regular Mail and Regular Mail
Brian T. Evans, Professional Engineer Albert C_ Kuhn, Developer
Evans Engineering, Inc. 608 Alexander Spring Road
2793 Old Post Road P. O. Box 121
Harrisburg, PA ) 7110 Carlisle, PA 17013
Re: Decision - A. C. Kuhn - Dennison Tract
Preliminary Land Development Plan
Dated October 11, 2004
Dear Mr. Evans and Mr. Kuhn:
At the regular meeting of the Supervisors of Dickinson Township held on Monday, April 4, 2005,
following a long discussion, the Supervisors of Dickinson Township rejected the Preliminary Land
Development Plan for the Dennison Tract of Albert H. Kuhn dated October 11, 2004- The following are
the reasons for their denial of the plan.
1. Zoning- The Land Development Plan as submitted by the Developer, Albert C. Kuhn,
does not meet the requirements of the "Zoning Ordinance of Dickinson Township. The Developer Kuhn
proposes the construction of a 665,417 square foot warehouse on the portion of Lot Numbered three (3)
located within the Business-Industrial Zoning District (Bl) of Dickinson Township. The (BI) Zone is
separated from Alexander Spring Road by a continuous Medium Density Residential-Office (MDR-O)
"Zoning District. Developer Kuhn proposes the main access for the property to be through the MDR-O
Zoning District in order to access Alexander Spring Road and then direct truck traffic onto Allen Road at
the Intersection of Allen Road and Alexander Spring Road located in South Middleton Township, Article
III Section 205.13 of the Zoning Ordinance does not permit warehousing or tractor trailer traffic as
permitted use or as conditional or special exemption uses in the MDR-O District. The placement of the
main entrance to the warehouse facility within another Zoning District and within feet of an existing
residential home is not permitted by the Zoning Ordinance. The Applicant/Developer has not sought a
variance to use property located within the MDR-O Zoning District for access to its warehouse facility.
2. Traffic: Dickinson Township Planners have consistently told Developer Kuhn that access to the
(BI) tract which Developer Kuhn proposes to develop must be through B1 District on right-of-way
arrangements which led to Commerce Drive. The Developer Kuhn has obtained an agreement with the
adjoining properry owner to access Commerce Drive. Access to Commerce Drive requires cooperation
between Developer Kuhn and South Middleton Township which has not been adequately pursued by
Developer Kuhn. The use of Alexander Spring Road as access for its warehouse facility created
excessive traffic on Alexander Spring Road and a very dangerous intersection at Alexander Spring Road
and Allen Road. The creation of this dangerous intersection jeopardizes the health, welfare, and safety of
the residents of Dickinson Township who would have to share Alexander Spring Road and the
intersection with the heavy truck traffic of this project. See Section 178.3 of the Dickinson Township
Subdivision and Land Development Ordinance.
EXHIBIT B
04-15-200 15 ?f FROM-IRWIN & McKNICHT LAW OFFICES +7172496354 T-759 P.003/004 F-715
Brian T. Evans, Professional Engineer
Albert C. Kuhn, Developer
Page Two
April 15, 2005
In addition, the placement of the main entrance to the warehouse facility onto Alexander Spring
Road will further aggravate an existing traffic problem These issues of concern are growing significantly
with the number of facilities in this concentrated area around Exit 44 of Interstate 81. Despite the efforts
of Dickinson Township to protect Alexander Spring from excessive truck traffic, there continues to be the
occasion when trucks become lost and enter the residential portion of Alexander Spring Road doing
significant damage to signs and residential properties along the highway. If the main entrance of the
warehouse facility was placed on Alexander Spring Road, trucks which miss the entrance would proceed
down Alexander Spring Road with no ability to turn around without doing damage to property. The
developer has not adequately addressed these concerns in his submission.
Finally, the traffic pattern of the intersection of Alexander Spring Road and Allen Road will be
impacted by PeunDot's final design of the Exit 44 of Interstate 81 improvements. This project could be
adversely impacted by PennDot's final design.
3. Failure of Developer to obtain important agreements with South Middleton Township:
On April 4, 2004, Developer Kuhn proposed to Dickinson Township four (4) conditions for the approval
of the Land Development Plan. Each of these conditions required that Developer Kuhn reach certain
agreements with South Middleton Township. Condition one (1) involved the extension of public sewer
from South Middleton Township to the project. Condition two (2) involved the acceptance of planned
road improvements to Alexander Spring Road located in South Middleton Township. Condition three (3)
involved the approval of both South Middleton Township and PennDot'5 installation of a temporary
traffic light at the intersection of Alexander Spring Road and Allen Road. Condition four (4) involved the
access to the project to Commerce Drive instead of Alexander Spring Road as proposed by this
preliminary Land Development Plan of Developer Kuhn. In all these cases, the Supervisors of Dickinson
Township are being asked to approve a plan in which critical agreements have not yet been obtained from
South Middleton Township. Dickinson Township is simply requiring that the agreement be completed or
at least formally presented to South Middleton Township in order for the Supervisors of Dickinson
Township to see the final resolution of these issues. The Supervisors are not required to accept these
important issues as conditions.
Performance standards which are required by the Dickinson Township Zoning Ordinance have
also not been adequately addressed by the submission of the developer in this case. They are located in
Section 205-28 of the Zoning Ordinance. The Dickinson Township Zoning Ordinance has provisions for
noise and air quality regulations. Despite requests by Dickinson Township, and in the face of significant
opposition to the project, the developer has elected not to address these issues by conducting any
preliminary testing or providing any proposals to remediate violations of these standards if they occur
after the project is completed. Again, die developer has forced Dickinson Township to act on the plan
without addressing these issues.
Section 178-3 of the Dickinson Township Subdivision and Land Development Ordinance,
provides that its provisions are the minimum requirements necessary to meet its purposes. It further
provides... "Where, owing to special conditions, the life, health, safety or property of persons may be
menaced or jeopardized by the application of any of the requirements of this chapter, more stringent or
restrictive requirements necessary to eliminate or alleviate such menace or jeopardy may be applied or
imposed by the Township:'
t
04-15-2005 15 FROM-IRWIN & 61cKNIGHT LAW OFFICES +7172496354 T-759 P.004/004 F-715
Brian T. Evans, Professional Engineer
Albert C. Kuhn, Developer
Page Three
April 15, 2005
Section 178-3 of the Dickinson Township Subdivision and Land Development Ordinance,
provides that its provisions are the minimum requirements necessary to meet its purposes. It further
provides... "Where, owing to special conditions, the life, health, safety or property of persons may be
menaced or jeopardized by the application of any of the requirements of this chapter, more stringent or
restrictive requirements necessary to eliminate or alleviate such menace or jeopardy may be applied or
imposed by the Township."
Section 178-4 provides that all the provisions of the Zoning Ordinance are applicable to the Land
Development App)ication. In this case, the Dennison Project as proposed by Mr. Kuhn does not meet
those provisions as set forth in this decision.
Very truly yours,
IRWIN
In,
MAM/min
cc: Bryan Salzmann, Esq. (Via Fax)
Dickinson Township Supervisors (Via Fax)
Gregory P. Lambert, P.E. (Via Fax)
Black Associates, Inc.
Jonathan Reisinger, Code Enforcement Officer
Dickinson Township (Via Fax)
Charles E. Zaleski, Esq. (Via Fax)
COPY
AGREEMENT
THIS AGREEMENT is made and entered into thisP?±D day of F<B?d9P?'
1998, by and among DICKINSON TOWNSHIP, a municipality and political subdivision of the
Commonwealth of Pennsylvania, with principal offices at 219 Mountain View Road, Mount
Holly Springs, Cumberland County, Pennsylvania 17056-1620 (herein the "Township"),
McCOY INTERSTATE PARK PARTNERSHIP, a Pennsylvania general partnership with
offices at 217 Pine Road, Mount Holly Springs, Cumberland County, Pennsylvania 17065
(herein "McCoy") and PIZZLTTI EQUITIES INC., a Delaware corporation with offices at Suite
1900, 250 East Broad Street, Columbus, Ohio 43215 (herein "Pizzuti").
WHEREAS, McCoy has filed with the Township and the Township has
conditionally approved a Preliminary Subdivision Plan entitled Preliminary Subdivision Plan for
McCoy Interstate Park West, prepared by Evans Engineering, dated November ii, 1997, for
the approximate 87 acre tract (herein the "Development"), which is bounded northerly by
Interstate 81, easterly by Allen Road, and southerly by Alexander Spring Road (the Preliminary
Subdivision Plan is incorporated herein and made a part hereof); and
WHEREAS, the Township has heretofore imposed a vehicle weight limit on
Alexander Spring Road and whereby it desires to have all heavy commercial and industrial
traffic access the Development and lands to the west of the Development by proposed Commerce
Drive and by a future street (the "Future Street") to extend westerly from the terminus of the
cul-de-sac of Commerce Drive (described and designated on the Preliminary Subdivision Plan);
and
WHEREAS, Pizzuti has a contract to purchase Lot 1 of the Development from
McCoy; and
WHEREAS, the Township has determined that it is in the public interest to have
McCoy and Pizzuti dedicate land within the Development to the Township and to South
Middleton Township for the Future Street; and
WHEREAS, concurrently with the submission of the Preliminary Subdivision
Plan, McCoy and Pizzuti submitted to the Township, and the Township has conditionally
approved, a preliminary land development plan (the "Preliminary Land Development Plan") for
Lot 1, as described and designated on the Preliminary Subdivision Plan, (the Preliminary Land
Development Plan is incorporated herein and made a part hereof); and
WHEREAS, the Township has determined that it is also in the public interest to
approve both plans in an expeditious manner; and
WHEREAS, in the subdivision process, McCoy and Pizzuti have disputed the
Township's right to require a dedication of land for the Future Street and have asserted that such
=BIT C
dedication would have an adverse impact upon the proposed development of Lots 1 and 3 of the
Development because of certain impervious coverage, area and bulk limitations and other
provisions in the Township's Zoning Ordinance; and
WHEREAS, McCoy and Pizzuti have nevertheless agreed to offer and make a
dedication of land for use as the Future Street, under the terms and conditions of this
Agreement, which are intended to permit the development of those lots in the identical manner
as if such dedication had not been made; and
WHEREAS, the parties have agreed, as a condition of the approval of the
Preliminary Subdivision Plan, that this Agreement be executed.
NOW, THEREFORE, the parties hereto, intending to be legally bound hereby,
agree as follows:
1. McCoy and Pizzuti hereby agree to grant and convey unto
Township a deed of dedication for the conveyance of the tract of land situate on
Lot 1 and located in the Township, as more particularly described on Exhibit "A"
attached hereto (herein the "Parcel") at such time as, and expressly conditioned
upon the receipt of, all necessary variances, waivers, and/or special exceptions
from the appropriate authorities of both Dickinson Township and South Middleton
Township, and approval of both Townships of a resubdivision plan to create the
Parcel and the recording of such plan. Necessary variances, waivers, and/or
special exceptions shall be deemed to mean all such relief attributable to such
dedication which is required to permit Pizzuti to complete its development of Lot
1 according to the Preliminary Land Development Plan in the identical manner
as if the Parcel were not dedicated and to expand the building to be located on
Lot 1 (if and when such expansion is desired) in the identical manner as if the
Parcel were not dedicated- Conveyance of the Parcel shall be by deed in lieu of
condemnation for One Dollar $1.00 consideration. If the aforesaid variances,
waivers, special exceptions and resubdivision approvals cannot be obtained, then
this Agreement shall be null and void and of no further effect, which shall not in
any manner effect the final approvals of the Preliminary Subdivision Plan or the
Preliminary Land Development Plan
2. The expense and responsibility for obtaining all necessary
variances, waivers, special exceptions, and resubdivision approval and recordation
in both Townships (including but not limited to application, engineering, filing
and legal fees) and acceptance by South Middleton Township of the dedication to
South Middleton of the portion of the Parcel located in South Middleton for use
as a public street shall be borne by Township and the Township shall directly
engage any engineers and/or attorneys used in connection with obtaining the
variances, waivers, special exceptions and approvals.
-2-
/ / y r
3. McCoy and Pizzuti agree to cooperate with the Township in
executing and consenting to all necessary applications and requests for the
necessary approvals and relief by the appropriate Township authorities of both
Dickinson Township and South Middleton Township, provided that the Township
shall be responsible for obtaining such relief and consents as aforesaid. McCoy
and Pizzuti shall not be obligated to incur any out-of-pocket expenses in
connection with their cooperation.
4. Neither McCoy nor Pizzuti shall be responsible to construct or bear
the expense of constructing or altering any public street, public utilities, storm
water facilities, traffic signals or any public infrastructure or public improvements
whatsoever, within the Parcel or providing any bonds, letters of credit or other
security for the construction or maintenance of such infrastructure or other public
improvements, and Township hereby indemnifies and holds McCoy and Pizzuti
harmless from any expense or liability in connection therewith. Nor shall McCoy
or Pizzuti be responsible to construct or alter or bear the expenses of constructing
or altering or to post any security for the construction of or altering of any public
street, public utilities, storm water facilities, traffic signals, or any public
infrastructure or improvement, whether within or outside of the Development,
which may be required as a condition of the resubdivision to create the Parcel or
the construction of the Future Street- It is the intention of the parties to this
Agreement that any such public improvements be constructed at the sole expense
of the owners of all tracts situate to the west of the terminus of the Development
at such time as subdivision or land development approval of such tract(s) is
requested.
5. Nothing in this Agreement shall be construed to place any
obligation, covenant, duty, or commitment by Township, either express or
implied, to construct a street or any other public improvements or infrastructure
within the Parcel at any time., The Township agrees that neither the Parcel nor
any street or other public improvements or infrastructure within the Parcel nor
the construction thereof shall adversely interfere with or affect the use of any of
the improvements constructed or to be consmicted on Lot 1 including without
limitation fences, parking areas and guard houses.
6. Pizzuti hereby reserves the right unto itself, its successors and
assigns, to traverse, crossover and otherwise access its land to the south of the
Parcel at such points and at such traffic controls hereafter designated and/or
erected on the Parcel by Township or at Township's direction, all as shall be then
deemed to be in the best interest of the public safety of persons using any future
road constructed on the Parcel.
- 3 -
i'
7. The Township and McCoy hereby acknowledge that this agreement
is not applicable to, nor binding upon, Lot 3 of the Development, as that lot is
presently under contract for sale to a third party. Nevertheless, should such third
party not acquire ownership of Lot 3 for any reason whatsoever, McCoy hereby
agrees to execute a supplemental agreement with Township in a recordable form,
thereby subjecting the portion of Lot 3 described on Exhibit "A" to the identical
terms and conditions set forth herein applicable to the Parcel. The recording of
this Agreement shall be an encumbrance only upon title to Lot 1 and shall not be
an encumbrance on the title to Lot 3, or any other portion of the Development,
unless and until the developer of Lot 3 or McCoy executes a supplemental
agreement subjecting Lot 3 to the terms hereof and the supplemental agreement
is recorded.
8. This Agreement shall be binding upon the parties, their successors.
and assigns, and the promises, understandings and obligations set forth herein
shall be deemed to be covenants running with the land.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
AT?TEST/WITNE S
s(?.c.??f CG? cZY1?
Deborah Westbrook, Secretary
OWNER:
P TI El
By:-
Ti
1, o
TOWNSHIP OF DICKINSON
By: "?_ ? ? J ??
Chairman of the Board of uperv
OWNER:
McCOY INTERSTATE PARK
P RTNERSHIP
L (SEAL)
Authorized General Partner
113952/Fcbmuy 2, 1999
INC.
(SEAL)
-4-
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
On this, the ??9- day of /1 1998, before me, a Notary Public
in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared
p C: Uloc6E , who being duly sworn according to
law, deposes and says that he is Chairman of the Board of Supervisors of Dickinson Township,
and as such Chairman of the Board of Supervisors is authorized to acknowledge the Agreement
on its behalf.
WITNESS my hand and seal the day and year aforesaid.
SEAL)
Notary Public
NOTARIAL SEAL
EDWARD L SCNORPP, NOTARY PUBLIC
CARLISLEBORO.CUU8ERLuIO00UNTY PA
MY COMMISSION EXPIRES JUNE 11 2M
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
Aeo
_ day of <eQPc6y 1998, before me, a Notary Public,
On this o7
the undersigned officer, personally appeared c' `r-. i , General Partner of
McCoy Interstate Park Partnership, a Pennsylvania general partnership, known to me (or
satisfactorily proved) to be person whose name is subscribed to the within instrument, and
acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
Notary Public
My Commission Expires:
(SEAL)
NOTARI SEAL
EDWARD L SCNOROW IWfAR1' PUBLIC
CARUSLE BORO. CUMBERLAND COUNTY PA
MY COMMISSION £#MRES JUN£ 15 MW
- 5 -
4 ?
STATE OF
COUNTY OF
SS:
On this, the .?day of 1998, before me, a Notary Public,
the undersigned officer, personally appeared 7AMES S. ?sssrc who acknowledged
himself to be the A•P. Of LO-0 4961 %of Pizzuti Equities, Inc., and that he, as such officer,
being duly authorized to do so, executed the foregoing instrument for the purposes therein
contained by signing the name of Pizzuti Equities, Inc. by himself
IN WITNESS WHEREOF, I hereunto set my hhandd and official seal.
Notary Public
My Commission Expires:
(SEAL)
NOTARIAL SEAL
EDWAIID L SCNORPP. NOTARY PUBLIC
CARLISLE BORO, CUM8ERLANO COUNTY PA
MY COMMISSION EXPIRES JUNE it 2=
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Comments Avanee, Cadiale. Llsobaland County. Patinaylvania 17065 (hams, "MaCoy'll.
W %grA9, McCoy free filed wids"Tovmaidp and the Tawtudtlp has appravad a Final
SuWhislonPlaoatitles!nWS*divfsionPloo rbrM;Coylate &WJI`atkWat.pteputdbyEvan
Enghteerinp doted 7aouary 6.1998, raviaed t(soueh Fabraary 13.19911. and recorded is Cumbalead
County Piro Hook 76, at Page V. for U apprashusic 87 am acct OwrJn the "dcrdoposenl`),
which is boundal ttor604y by ioeaatate St. doe* by Atka Road, and eaWwly by Alex imdcr
Spring Road (the FhAl Sabd(viaton Plan is incorpa rattd herds and made a part honest), and
• WRLREA.S, lhaTotmdSip huhcrewfwalmpoaed a v+chitltweight ihnit on Aleaandcr
Spring Ro4 whaeby It desires to have all havy camtttatial and Indu3triallrallic access the
Dcyclopmeat and lends to the west of the Dovdnpawt by proposal Cmumace Drive and by a
future smsd (Oro O trtbw SImM to oaleld westerly Rom the tannmus or the eul-dccsoa or
Commerce Dino (drocribal ad dedipsted on ft Final SubdivWon Plan); and
WEMRZASr ptaTowoship hoe dataudaad that it is in the public interest to bove McCoy
dadiato land witlmt the Davlopmont to rho Tovmshlp and to South M'tddletos Township Ibr the
FttltreSuaeq esd
1V88,11US,InthesubdividonpmomMcCoy hasdisputedtheTownship'srightto"Rui s
a dedication of land lbr,tho Future Street and flea tudertad that such dtafieedoo would have an
adverse impact RM the proposed developreeot of Lot 3 of tho Development because of tesuin
p usages area turd bulk liadtatious and clues provisiow in tbo Towsahip'a Zanfog
Ire olvloas co t
Ordieaata; and
WHEREAS, McCoy boa mverffiolaa q;=d to offer ad make dedication of land far use
as Ilse Puuae $us%tinder the WMS dad eanditleas of this Adroaneat. which is intended to paamtl
the devdopmmt orw 3 fa the idoacwi t manner as Irsueh dedwaan had not fawn medr, and 01
tfaat 66? PALE 8(J6
E95TSbSLtL TB:9I
ti
QRl7/R7/bl
Wmatz", the ponies have agreed, as a coadwas of the approval of the RW
3abdivirion}Mw,aodpursunotlnaaeyanmAo mentbymademusthopattiasandFiamod
Spitim% Ine, %Web ASm memo is daled pobruuy 2. 09k and sereoded in C Liuker and
ComalyMisool4nsam BmkS76, Page 146, drat this Aacc aenl be "Noted.
NOWT T'f1&WOlril6r the pasties bclak, imteadi & to be levity bound hereby.
agreoas follows:
I. mccoy hereby agrees to gtaw and convoy onto Township a deed of
dodkdioaforehecottveyancs afthebaetoflandsiulatscOU13 and located
in the Township, m mote panieolady dwAbW in kxldbk ON, MlWW
berafoQwato,'Taroel ?ataoahtiotoe& aodmprculycoQdillamd upoa the
receipt aG on ootsauy varimm. wdveaa, sodfor special esoeplltms hm
daeappropt4ateautbaritieeoibothDiddh?ortTowaeblpand SoadtM(ddte0oa
Tovrmldp, sadapptawloibothPowaahipsoCattaubdivukapllut loetaato
ft Pateet and the mcordiog of soah plan. Nearssaay vadviom waivcm.
andtorapeei+?aeeptloasaballbadaemodfoasalt all wcbmgelatlrl?ratable
to such dedLcWaa which Is requited to prmdr McCoy 10 GMPWa kks
develaparoat of Lot 3 in the W406eal manna as if dra Parcel wwo not
dmHcWcd. C meyance of the Parcel shall be by dead in lieu of
eondemaacon for Daa (51.00) Dollar ConsidcradcVL if dhe aforesaid
va mav.%waivers,speaiaJexw%toma,andombdivWmapprovalcannotbe
obtained. this Agrecmcot shall be cult and void omd of on Air0amr effect
which dad not in any tumisr elfoct the Real approval of the Final
Subdivision Ptao.
2. TheapencaandrosponaiWityforobWnioeallnecasmyvsrlancos,waivvm
special mxplims, aad mAdivision approval and recordation in both
Tawud* (meWWg but mot OMIL-A to apps-maiam, 0awnearlap. Itllmg alai
legal 1W and oeeaplemoo by South Mkidlataa Township of the dadimalon
to South Middletmr of thapoWwo of dw?&=I localod to South Middleton
east 662 PACE ??UA
60STT7SLTL 10:CT S00Zl0Z/b0
I •
40
COMMONWEALTH OFPENNSYLVANIA
SS.
COUNTY OF CUMBERt.ANt1 )
on 146, the /8 3 0' day of Gs?cdn ? 200U, befome roe, o
Notary PMc in cad for Wo Comnoo%uMt of PmmyMw& tho uwk3,4 W oX=. PKWY
appeared RomW C. Wotfe, wbov being d* swam asmmd ft to kW, deposal end says that he Lt
C64mo oddw Surd of Supafybm of Diotdosoa Tmuu* and as such Cfte MM of the Bard
of Sopervkm 6 sudtorittd to sd=wWV der Ag cmmi oa b bahd6
' wil'NS88 my hand emi seal the day cad ye+r aforessfd. ti
Nomy
c
yp0a 66a P1tE f)1?.
90 397d
C89TTOGLTL LO:Ei S00Z/0Z/C0
MAR--04-2005 FRI 01:01 PM S. Middleton Tup, FAX NO, 7172583577
March 1, 2005
Dickinson Township
Board of Supervisors
219 Mountain Road
Mt. Holly Springs, PA 17065
Dear Supervisors:
,5outb "wddlecon 763w1 snip
520 Park Drive, Boiling Springs, PA 17007-9536
PaOTNE: (717) 258-5324 MAX: (717) 258-3577
www.smiddleton.com
Re: Development- Allen Road
'f'0 ? .gt? IfFI?
VA-1-IS
I am writing to you at the request of the South. Middleton Township Board of Supervisors.
P. 'O1/O1
At the meeting on February 24, 2005, the Board of Supervisors reviewed the McCoy Interstate Park West (Lot
3A) plan. The Board approved the plan subject to staff comments and the removal of the easement as shown on
the plan from Commerce Drive into Dickinson Township. The South Middleton Township Board of
Supervisors will not approve any plans which include this easement. It is our expectation that an plans
that require access to Alexander Springs Road will upgrade Alexander Springs Road and Allen Road according
to the approved Exit 44 plan. The upgrades and ongoing maintenance of improvements will be at the expense
of the developer. Please require that all such plans be submitted to South Middleton Township for approval
before being recorded. South Middleton Township needs to ensure that the proper improvements are being
completed. We will work with the developers to define the scope.
Please understand that it is not our intention to stifle development in Dickinson Township, but rather to protect
the infrastructure that was built and' paid for by residents of South Middleton Township who will not benefit
financially from the development in Dickinson Township. Your cooperation in protecting the citizens of both
our townships is appreciated. Should you have any questions, please do not hesitate to contact me.
Sincerely,
i
Bar ara Win
Township Manager
cc: Board of Supervisors
Correspondence
Rich Mislitsky
Plan File
Cumberlaud County Planning Commission
Evans Engineering
EXHIBIT D
TL_
Ii t ;,U v
DEVELOPER'S CONDITIONS OFAPPROVAL
The Applicant respectfully agrees to accept the following conditions of preliminary land
development plan approval as follows:
Public sewer is not available to Applicant's property as of the date of
approval. Dickinson Township has approved the sewage planning module for
Applicant's project including the placement and location of an on-lot septic
system associated with Applicant's project. Applicant agrees to a condition to
connect its building to public sewer within eighteen (18) months of public
sewer availability at the property line. Such connection to public sewer shall
be designed in accordance with applicable design standards required by the
entity providing the public sewer service. At such time of connection, the use
of the on-lot septic system shall be discontinued;
The preliminary plan approval is conditioned upon South Middleton
Township's acceptance of planned road improvements to Alexander Spring
Road on the portion of the road which is located in South Middleton
Township at the Developer's expense;
The approval is conditioned upon South Middleton Township's and/or
PennDOT's acceptance of a temporary traffic signal at the intersection of
Alexander Spring Road and Allen Road at the Developer's expense at the time
the intersection meets applicable warrants until such time as the Interstate 81
Exit 44 planned improvements are constructed to permanently signalize the
aforesaid intersection;
4. On or before November 1, 2005, in the event that access is legally provided
through adjacent property presently owned by Liberty Property Trust and
South Middleton Township and Dickinson Township agree to the location and
design of such access to Commerce Drive in a manner acceptable to Liberty
Property Trust, its successors and assigns, the Applicant, its successors and
assigns, South Middleton Township Board of Supervisors, and Dickinson
Township Board of Supervisors, the Applicant hereby agrees to revise the
final land development plan to provide the connection of such access to
Commerce Drive. In such event the private street unto Alexander Spring
Road, the proposed road improvements to Alexander Spring Road, and the
temporary traffic light at Alexander Spring Road and Allen Road shown on
the preliminary land development plan shall not be constructed so long as Lot
No. 5 retains direct access onto Alexander Spring Road and all references
thereto shall be removed from the final land development plan before
recording.
EXHIBIT E
5. Applicant hereby agrees to all conditions as set forth above as well as all
conditions set forth in the Plan Notes submitted with the Preliminary Land
Development Plan.
Agreed to and Accepted
By:
Albert H. Kuhn
S
G. BRYAN SALZMANN, ESQ.
JAMES D. I IUGHES, ESQ-
.ADAM R. SCHELLHASE, ESQ.
DONALD E. LEFEVER, ESQ.
ADN F. DEPACLIS, ESQ.
PATRICIA R. BROW`. ESQ.
NORNIA .1. BAR FRO, ESQ.'
WILLIAM W-THOMPSON. ESQ.-
MELISSA K. DIVELY, ESQ-
F.RALPH GODFREY,ESQ.
REBECCA R. HUGHES, ESQ-
SUSANN B. MORRISON, ESQ.
L.ACaa REBECCA ABIPS, ESQ.'•
'Also Admitted to Mrvland Bar
"'Admixed to Georgia Bar Only
GHES. P.C. Attorneys & Counselors at Law
455 Phoenix Drive • Suite A • Chambersburg, PA 17201 • (717) 263-2121 • Fax: (717) 263-0663
1137 South Fourth Street • Chambersburg, PA 17201 • (717) 261-9990 • Fax: (717) 261-9998
95 Alexander Spring Road • Suite 3 • Carlisle, PA 17013 • (717) 249-6333 • Fax: (717) 249-7334
105 North Front Street • Suite 401 • Harrisburg, PA 17101 • (717) 232-9420 • Fax (717) 232-1970
10 West Pomfret Street • Carlisle, PA 17013 • (717) 249-3024 • Fax: (717) 243-0946
Please reply to:
Phoenix Drive Office
Paralegals
PAMELA R. BOLLINGER
LAURIE J. PORTER
KAM S. CORNM.AIN
JACQUELINE L. DRAWBAUGH
STEPHANIE A. BINGANI AN
SHEILA M_ VORES
DATE: 4/4/05
1
TO: AC Kuhn J
FAX 65
FROM: Bryan Salzmann, Esq.
RE: Conditions of Approval
S?
A
?. .
Cult`
Total Pages: y
IF YOU DO NOT RECEIVE ALL PAGES OR IF COPIES ARE NOT LEGIBLE, PLEASE TELEPHONE: (717) 263-2121
IMPORTANT - THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO
WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND
EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE
INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT READING, DISSEMINATING, DISTRIBUTING OR
COPYING THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS
COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE, AND RETURN THE
ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU.
NOTES:
CONCENTRATING IN ENVIRONMENTAL, LAND USE, CORPORATE, REAL ESTATE, MUNICIPAL AND ESTATE ADMINISTRATION LAW
TRANSMISSION VERIFICATION REPORT
TIME 04i 04/2005 16:32
NAME
FAX
TEL
SERA EROG3J521059
DATE.TIME 04/04 16:31
FAX' NO. /NAME 2438105
DURATION 00:01:33
PAGE(S) 04
RESULT OK
MODE FINE
ECM
SALZMANN HUGHES, P.C. Attorneys & Counselors at Law
c. BRYAN SALZMANN. ESQ.
JAMES D. HUGHES. ESQ. 459 Phoenix Drive • Suite A • Chambersburg, PA 17201 • (717) 263-2121 • Fax: (717) 263-0663
ADAM R. SCHELLH.ASE, FRO. 1137 South Fourth Street • Chambersburg, PA 17201 • (717) 261-9990 • Fax: (717) 261 9998
DONALD E. LEFEVER, ESQ. 95 Alexander Spring Road • Suite 3 • Carlisle, PA 17013 • (717) 249-6333 • Fax: (717) 249-7334
ANN F. DEPAULIS, ESQ. 105 North Front Street • Suite 401 • Harrisburg, PA 17101 • (717) 232-9420 • Fax: (117) 232-1970
PATRICIA R. BROWN, ESQ. 10 West Pomfret Street • Carlisle, PA 17013 • (717) 249-3024 • Fax. (717) 2430946
NOR.MA J. BARTRO, ESQ."
WILLIAM W. THOMPSON. ESQ."
MELISSA K. DIVELY, ESQ. Paralegals
E. RALPH GODFREY, ESQ. PAMELA R. BOLLINGER
REBECCA R. HUGHES, ESQ. LAURIE J. PORTER
SUSANN B. MORRISON, ESQ. KAM S. CORNMAN
LAURA REBECCA ABLES. ESQ.'" Please reply to: JACQUELINE L. DRAWBAUGH
*Also Admitted W Maryland Bar Phoenix Drive Office STEPHANIE A. BINGAMAN
-.Admitted to Georgia Bar Only SHEILA M. VORES
DATE: 4/4/05
TO: AC Kuhn
FAX #: 7171243-8105
FROM: Bryan Salzmann, Esq.
RE: Conditions of Approval
Total Pages: f
IF YOU DO NOT RECEIVE ALL PAGES OR IF COPIES ARE NOT LEGIBLE, PLEASE TELEPHONE: (717) 263-2121
IMPORTANT - THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO
WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND
EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE
INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT READING, DISSEMINATING, DISTRIBUTING OR
COPYING THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS
COMMUNICATION N ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE, AND RETURN THE
ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU.
TRANSMISSION VERIFICATION REPORT
TIME 04;0412005 16:34
NAME
FAX
TEL
SER.# : BROG3J521058
DATE,TIME
FAX NO./NAME
DURATION
PAGE(S)
RESULT
MODE
G. BRYAN SALZMANN, ESQ.
JAMES D. HUGHES. ESQ.
ADAM R. SCHELLHASE, ESQ.
DONALD E. LEFEVER, ESQ.
ANN F. DEPAULIS, ESQ.
PATRICIA R. BROWN, ESQ.
NORMA J. BARTKO, ESQ-'
WILLIAM W. THOMPSON. ESQ.-
MELISSA K. DNELY. ESQ.
E. RALPH GODFREY, ESQ.
REBECCA R. HUGHES, ESQ.
SUSANN B. NIORRISON, ESQ.
LAURA REBECCA ABLES, ESQ.-"
'Aho Admitted to Maryland Bar
''Admitted to Georgia Bar Only
04/04 16:
2438105
00:00:42
02
OK
FINE /
ECM
P.
& Counselors at Law
455 Phoenix Drive' Suite A - Chambersburg, PA 17201 - (717) 263-2121 - Fax: (717) 263-0663
1.137 South Fourth Street' Chambersburg, PA 17201 - (717) 261-9990' Fax: (717) 261-9996
95 Alexander Spring Road' Suite 3 • Carlisle, PA 17013' (717) 249-6333' Fax: (717) 249-7334
105 North Front Street' Suite 401 - Harrisburg, PA 17101 ' (717) 232-9420' Fax: (717) 232-1970
10 West Pomfret Street -Carlisle, PA 17013-(717)249-3024 -Fax: (717) 243-0946
Paralegals
PAMELA R. BOLLINGER
LAURIE J. PORTER
KAM S. CORNMAN
Please reply to: JACQUELINE L. DRAWBACGH
Phoenix Drive Office STEPHANIE A. BNGAM AN
SHEILA M. VORES
4/4/05
AC Kuhn
717/243-8105
Bryan Salzmann, Esq.
Conditions of Approval
G?
`,/?
Total Pages: `K"
U
DATE:
TO:
FAX
FROM:
RE:
IF YOU DO NOT RECEIVE ALL PAGES OR IF COPIES ARE NOT LEGIBLE, PLEASE TELEPHONE: (717) 263-2121
IMPORTANT - THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO
WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND
EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE
INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT READING, DISSEMINATING, DISTRIBUTING OR
COPYING THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS
COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE, AND RETURN THE
ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU.
W
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Albert C. Kuhn,
Appellant
VS.
Board of Supervisors of
Dickinson Township
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-2319 CIVIL 19
WRIT OF CERTIORARI
COMMONWEALTH OF PENNSYLVANIA)
: SS.
COUNTY OF CUMBERLAND)
TO: Board of Supervisors of Dickinson Township
We, being willing for certain reasons, to have certified a certain,action
between Albert C. Kuhn vs. Board of Supervisors of Dickinson Township
pending before you, do comand you that the record of the action aforesaid with
all things concerning said action, shall be certified and sent to our judges of
our Court of Common Pleas at Carlisle, within 20 days of the date hereof,
together with this writ; so that we may further cause to be done that which ought
to be done according to the laws and Constitution of this Commonwealth.
WITNESS, the Honorable George E. Hoffer P. J.
our said Court, at Carlisle, Pa., the 5th day of May "2005
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ALBERT C. KUHN, IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
APPELLANT PENNSYLVANIA
VS.
NO. 20044383 & NO. 2005-2319
BOARD OF SUPERVISORS OF LAND USE APPEALS
DICKINSON TOWNSHIP, CIVIL ACTION - LAW
APPELLEE JUDGE BAYLEY
PETITION TO MODIFY THE COURT APPROVED
SETTLEMENT AGREEMENT DATED NOVEMBER 30, 2005
AND NOW, comes Petitioner, Albert C. Kuhn, by and through his attorneys, Salzmann
Hughes, P.C., and hereby respectfully petitions this Honorable Court to Modify the Court
Approved Settlement Agreement dated November 30, 2005 and, in support thereof, avers as
follows:
1. Petitioner is Albert C. Kuhn a/k/a A.C. Kuhn (hereinafter "Petitioner") who is the
legal owner of a property identified as Lot No. 3 and known as the Dennison farm. The
Dennison farm is located in Dickinson Township, Cumberland County, Pennsylvania and is
shown on the Subdivision Plan for A.C. Kuhn dated February 11, 2004, and approved by the
Board of Supervisors of Dickinson Township on February 21, 2005 (hereinafter "Property").
2. As a resolution to the litigation arising from the rejection of the Preliminary Land
Development Plan dated February 11, 2004, and revised on July 1, 2004, and the subsequent
Preliminary Land Development Plan dated October 11, 2004, and revised on February 9, 2005,
by the Board of Supervisors of Dickinson Township, the Parties entered into a Court Approved
Settlement Agreement (hereinafter "Agreement"), which is attached hereto and incorporated
herein as Exhibit "A."
3. The Agreement provides for primary ingress, egress, and regress from the
Property by Commerce Avenue, which runs westward from Allen Road and terminates in a cul-
de-sac to the east of the Property. The original Final Land Development Plan for A.C. Kuhn
dated September 16, 2005 consisting of 67 sheets, including the original access plan, was
attached to the Agreement as Exhibits "A" and "B" and both were approved as part of the
settlement. (hereinafter "Original Plan").
4. On November 30, 2005, this Honorable Court issued an Order (hereinafter
"Order") approving the Parties' Agreement, the Original Plan, including the access plan. See
November 30, 2005 Order attached hereto and incorporated herein as Exhibit "B."
5. The Order as well as paragraph 29 of the Agreement provide that this Honorable
Court shall retain jurisdiction pursuant to § 1006-A of the Pennsylvania Municipalities Planning
Code (hereinafter "MPC") and to issue supplemental orders consistent with the terms of the
Parties' Agreement.
6. The Original Plan, including the original access plan, avoided the land of Kenneth
E. Graham. As a result, the original access plan was designed with a sharp right angle turn.
7. Paragraph 7 of the Agreement permits the Original Plan, including the original
access plan, to be changed or modified as required by: (1) the Pennsylvania Department of
Transportation; (2) South Middleton Township; and/or (3) by mutual agreement by the parties.
8. Subsequent to the Order, South Middleton Township waived the requirement for a
land development plan, but required the filing of a Road Access Plan for its review and approval
prior to recordation.
9. Since the Order approving the Agreement was issued, Petitioner has obtained an
equitable interest in a small triangle portion of land owned by Kenneth E. Graham. The purchase
2
of this land avoids the necessity of having a sharp right angle turn in Commerce Avenue and
allows Petitioner to reconfigure the access road. Such small triangle of land of Kenneth Graham
has received final subdivision and land development approval by Dickinson Township as set
forth more fully below.
10. In order to comply with South Middleton Township's requirement to review the
revised access to the Property. Petitioner, in March 2007, submitted a Revised Road Access Plan
(hereinafter "Revised Access Plan") to South Middleton Township showing the straightened
access road for its review and approval.
11. The Revised Access Plan was approved by the Board of Supervisors of South
Middleton Township and the subdivision plan requirements were also waived. See approval
correspondence from Brian O'Neill, P.E., representative of South Middleton Township, dated
March 13, 2007, and attached hereto and incorporated herein as Exhibit "C."
12. On April 20, 2007, the Cumberland County Planning Commission staff also
reviewed the Revised Access Plan and agreed that the modification and straightening of
Commerce Avenue was acceptable and was an enhancement from the Original Plan and no
further review was necessary by the County. See Cumberland County Planning Commission
letter dated April 20, 2007 attached hereto and incorporated herein as Exhibit "D."
13. As a result of the equitable interest in the small triangle portion of land of
Kenneth E. Graham, Petitioner submitted a subdivision plan and a land development plan for the
Graham property (hereinafter "Graham Plans") as well as the Revised Access Plan to Dickinson
Township for its approval. A copy of the Graham Subdivision Plan and Land Development Plan
are attached hereto and incorporated herein as Exhibit "E."
3
14. The Dickinson Township Planning Commission unanimously recommended
approval of the Graham Plans and the Revised Access Plan.
15. On August 20, 2007, the Board of Supervisors of Dickinson Township approved
the Graham Plans with three (3) conditions, which the Petitioner agreed to satisfy as part of the
approval. Appellee Dickinson Township also approved the Revised Access Plan and the
amended Land Development Plan replacing the Original Plan as permitted pursuant to Paragraph
7 of the Agreement, provided that the gate shown as Gate #3 detailed on the Revised Access Plan
would be shown as a low gate as opposed to a high gate, which was originally shown on the
Original Plan. Petitioner also agreed to modify the Original Plan to correspond with the change
in access as shown on the Revised Access Plan and in accordance with Paragraph 7 of the
Agreement. A copy of the Board of Supervisors of Dickinson Township's Minutes is attached
hereto and incorporated herein as Exhibit "F."
16. Pursuant to the Agreement, the access road extending from the Property to
Commerce Avenue as shown on the Revised Access Plan which has been approved by both
Dickinson Township and South Middleton Township as referenced herein shall be and become a
public road dedicated to Dickinson Township and South Middleton Township, as the case may
be, and any necessary temporary construction or necessary grading or stormwater easements
associated with the revised access road to the Property shall be granted in favor of both
Townships and Petitioner. A copy of the Revised Access Plan as duly recorded in the Office of
the Recorder of Deeds in Instrument No. 200800166 is attached hereto and incorporated herein
as Exhibit "G."
17. The Board of Supervisors of Dickinson Township does not object to this Petition
and have executed the attached, signed Graham Plans (Exhibit E), signed Revised Access Plan
4
(Exhibit G) and signed amended Land Development Plan consisting of approximately 61 sheets,
the signature.page of which and the remaining sheets identified on the Plan Sheet index attached
hereto, are made a part hereof as Exhibit "H" and incorporated herein as though fully set forth
herein.
18. Based upon the above, Petitioner seeks the modification of this Honorable Court's
Order of November 30, 2005 thereby replacing the Original Plan with the Revised Access Plan
and the amended Land Development Plan, which will permit Commerce Avenue to be
constructed in a straight manner and dedicated to Dickinson Township and South Middleton
Township, as the case may be, which is in the best interest of the public's health, safety, and
welfare, and which is otherwise consistent with previous recorded easement agreements and/or
grants of deeds of dedication from other affected property owners.
19. All other provisions of the Agreement and Court Order of November 30, 2005,
shall remain in full force and effect.
[THE REMAINDER OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK]
5
WHEREFORE, Petitioner respectfully requests this Honorable Court to grant his Petition
to Modify the Court Approved Settlement Agreement dated November 30, 2005 thereby
replacing the Original Land Development Plan for A.C. Kuhn, including the original access plan,
with the amended Land Development Plan and the Revised Access Plan and have the same
placed of record. This amendment will permit the construction of the access road in a straight
fashion from Commerce Avenue to the emergency access drive, which then connects to
Alexander Spring Road. Such modification is permitted by Paragraph 7 of the Court Approved
Settlement Agreement as set forth above.
Respectfully submitted,
HUGHES, P.C.
Ala an Salzmann, Esquire
A rney ID # 61935
es D. Hughes, Esquire
Attorney ID# 58884
354 Alexander Spring Road, Suite 1
Carlisle, PA 17015
3 p? Tel: (717) 249-6333
Dated: Attorneys for Petitioner
6
Exhibit A
COURT APPROVED SETTLEMENT AGREEMENT
This Agreement (hereinafter referred to as "Agreement") is made this ?6way
of "Cl) 20 5, by and among Dickinson Township, a Second Class Township existing
under the laws of the Commonwealth of Pennsylvania, with municipal offices at 219
Mountain View Road, Mt. Holly Springs, Cumberland County, Pennsylvania 1.7065
(hereinafter "Dickinson") and A. C. Kuhn, a/k/a Albert C. Kuhn, an adult individual
residing at 240 Springview Road, Carlisle, Cumberland County, Pennsylvania 17013
(hereinafter "Kuhn") and Palmer Construction, 188 Success Dr., Suite 100,
McConnellsburg, Pennsylvania 17233 (hereinafter "Developer").
Background
c?
Kuhn is the legal owner of a property identified as Lot No. 3, comprising 50 acres,
more or less, known as the Dennison Farm, located in Dickinson Township, Cumberland
County,-Pennsylvania, as shown on a Subdivision Plan for A. C. Kuhn prepared by Evans
Engineering;, Inc., dated February 11, 2004, and approved by the Board of Supervisors of
Dickinson Township on February 21, 2005. The property in question is situated partially
in the Business-Industrial (BI) Zoning District and partially in the Medium Density
Residential Office (MDRO) Zoning District as shown on the official Zoning Map of
Dickinson.
Kuhn proposed. to construct a warehouse on the portion of the tract located in the
Business-Industrial District. The Preliminary Land Development Plan of February 11,
2004, as revised July 1, 2004 for the property and a subsequent plan dated October 11,
2004, last revised February 9, 2005, were rejected by the Dickinson Township Board of
Supervisors. The February 11, 2004 plan provided, inter alia, for primary access to the
;..j
warehouse from Commerce Drive, located in South Middleton Township, which runs
westward from Allen Road and terminates in a cul-de-sac to the east of the property. An
existing warehouse, on lands currently owned by Liberty Property Trust and occupied by
Whirlpool, is serviced by Commerce Drive (hereinafter referred to as the "Whirlpool"
site and/or property).
An easement for a "future street' 'fifty foot in width was obtained by Dickinson by
agreements dated February 2, 1998, and December S, 2000, in conjunction with
Dickinson's approval of the plan for the Whirlpool site. The agreement had as its express
purpose Dickinson's intent to limit heavy truck traffic on Alexander Spring Road and to
provide for commercial development, including warehousing which is a permitted use in
the 131 zoning district of Dickinson Township, west of the Whirlpool site in Dickinson
Township. The "future street" extends from the western edge of the Commerce Drive
cul-de-sac to the western boundary of the Whirlpool property. The agreement
establishing the "future street" specifically stated that:
".. , all necessary variances, waivers, special exceptions, and
resubdivision approval and recordation in both Townships (including but not
limited to application, engineering, ding and legal fees) and acceptance by
South Middleton of the portion of the Parcel located in South Middletown for
use as a public street shall be borne by (Dickinson) Township and the
Township shall directly engage any engineers and/or attorneys used in
connection with obtaining the variances, waivers, special exceptions and
approvals."
The initial plan of February 11, 2004 filed by Kuhn included use of the "future
street" to access Allen Road in South Middleton Township, and east of the site, via
Commerce Drive. This plan was rejected by the Board of Supervisors of Dickinson
Township on July 30, 2004. Subsequently, Kuhn filed a Land Use Appeal in the Court of
Common Pleas of Cumberland County, Pennsylvania on August 30, 2004, docketed to
No. 20044383, which appeal is currently pending. No other party has intervened in that
appeal.
The October 11, 2004 plan provided for access to the Business-Industrial District
From Alexander Spring Road located south of the site and provided for access through the
Medium Density Residential Office District. On April 15, 2005 Dickinson, through the
Board of Supervisors, rejected the plan. Kuhn filed a second Land Use Appeal in the
Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 2005-
2319, which appeal also remains pending. No other party has intervened in that appeal.
The parties have determined that a mutually agreeable settlement is in the best
interests of Kuhn and Dickinson Township.
IT IS, THEREFORE, agreed by the parties, intending to be legally
bound, as follows:
1. The foregoing "Background" recitals are incorporated by reference thereto
and made a part of this Agreement.
2. The following definitions shall apply to the ten-ns of the Agreement
hereinafter -set forth:
a. Property: The tract commonly known as the "Dennison Farm",
comprising fifty (50) acres, more or less, located in Dickinson
Township, generally north of Alexander Spring Road and the
contiguous land now or late of Joseph L. Barrick and Susan A.
Barrick.
b. Plan: Final Land Development Plan for A. C. Kuhn by Evans
Engineering, Inc., dated September 16, 2005 consisting of 67 sheets of
which sheets numbered C i and C2 are attached hereto and made a
part hereof as Exhibit "A" and the remaining sheets identified on the
Plan Sheet Index attached hereto and made a part hereof as
Exhibit "B" are incorporated herein as though fully set forth herein.
;. For the purposes of this Agreement, the parties shall be those entities and/ or
persons as set forth above and shall also extend to their respective agents,
representatives, employees, officers, directors, elected officials, attorneys,
predecessors, heirs, and successors and all and every person, finis or entity
who may bind, direct or in any manner influence the actions and agreements
of the above named entities.
4. The parties hereto agree that they intend this Settlement Agreement to be a
complete and final resolution of all issues affecting the approval and
development of the property herein identified. The parties hereby agree that
the purpose of this Settlement Agreement is to provide for the design,
construction, and operation of an approximately 665,417 square foot
warehousing and distribution facility on the Property as shown on said Plan.
The parties acknowledge that said Plan may be altered as a result of federal
and/or state approvals and/or permits which are required for the above stated
intended purpose.
5. Upon.execution of this Agreement, the approval of this agreement as a
stipulation of settlement and entry in the Court of Common Pleas of
Cumberland County, Pennsylvania, receipt of any and all final nonappeable
federal and/or state government approvals and/or permits necessary for the
above stated intended purpose, and recordation of the Plan pursuant to the
Pennsylvania Municipalities Planning Code, Kuhn shall mark discontinued
and ended of,record with prejudice within thirty (30) days of the same the
aforementioned land use appeals.
6. The parties hereto agree that the execution of this Agreement and the approval
of the Court as herein-provided shall constitute a final disposition and
resolution of all matters hereto relating, and no further appeals or legal
challenge shall be asserted by the parties.
7. Ingress, egress, and regress to the Property shall be as shown on the Plan and
shall not be subject to change or modification by the parties excepting as may
be required by the Pennsylvania Department of Transportation and/or South
Middleton Township or by mutual agreement in writing and signed by the
parties.
8. Dickinson shall within ninety (90) days of Court approval of this Agreement,
by negotiation or, in the event that negotiation does not result in acquisition,
through the power of eminent domain, provide for the extension of the public
right-of-way as contemplated by the agreements of February 2, 1998 and
December 5, 2000, as shown on the attached Exhibit "C". The area acquired
or condemned shall provide public access to the Property. The parties hereby
agree that the public purpose as contemplated by the aforesaid agreements
and/or this Settlement Agreement involves the public's health and safety by
reducing the number of vehicles and/or tractor trailer traffic on Alexander
Spring Road.
9. Sewerage shill be on site as shown on the Plan. In the event that public sewer
should become available to the Property, Kuhn agrees to connect to the public
sewer system at the request of Dickinson Township and shall discontinue use
of the on lot septic system for commercial purposes. The earthen berm will be
completed within ninety (90) days from the date the property is connected to
public sewer. Kuhn shall be responsible for the costs of extending the sewer
from the Whirlpool site, or the Commerce Drive cul-de-sac, as necessary, and
shall pay the connection and tapping charges then in effect, along with the
established rates, based upon the EDUs established for the facility.
10. Any change or modification of the Plan shall be in accordance with
requirements of federal or state agencies such as the Pennsylvania Department
of Labor and Industry, the Pennsylvania Department of Environmental
Protection, and the Pennsylvania Department of Transportation for issuance of
any permits or approvals required by the same.
11. Kuhn shall, upon availability, connect to public sewer and water when
notified of availability by any municipal entity providing such service as set
forth in paragraph 9 above.
12. Kuhn shall be responsible for the direct purchase of the public right-of-way
identified in paragraph 8, along with all costs and expenses associated with
obtaining said right-of-way, including reasonable attorney fees and
engineering fees. Kuhn shall also pay for any necessary costs for alterations
required to Commerce Drive and the existing right-of-way from Commerce.
Drive required by PennDot or South Middleton or Dickinson Townships.
13. Kuhn, the developer, its successors or assigns will pay or provide for bonding
of all improvements whether located in Dickinson or South Middleton
Townships and will pay all recreation fees, permit fees, and alt costs required
by both South Middleton Township and Dickinson Townships.
14. Kuhn shall at his sole cost and expense provide for the on and off site
development costs, and limit hours of construction, as follows:
a. Kuhn shall pay for the construction of the public right-of-way from the
Commerce Drive cul-de-sac as shown on the Plan in accordance with
the specifications of Dickinson and South Middleton Townships, as
reasonably appropriate.
b. Kuhn shall pay for the widening and paving of Alexander Spring Road
as shown on the Plan. Kuhn shall pay the costs of repair or replacing
any fencing or shrubbery which may be impacted outside of the public
right-of-way of residences along Alexander Spring Road. Fencing,
trees or shrubbery, or other obstructions within the public right-of-
way, that are impacted by the widening of the road shall be removed at
the expense of the developer and replaced by the residential property
owners, as they in their discretion elect to do, with the developer
allocating the sum of Seven Hundred Fifty and 00/100 ($750.00) for
each residential property affected, which amount shall be Kuhn's limit
of responsibility for such purpose.
e. Kuhn shall pay for the construction of an emergency access to the
Property as shown on the Plan. The emergency access shall be paved
and bated as agreed upon by Dickinson and South Middleton
Townships. The gate shall be placed at such location as Dickinson
Township determines in conjunction with the advice of its emergency
management personnel.
d. Kuhn shall pay for the extension of public sewer to the Property when
available from the cul-de-sac of Commerce Drive or as set-forth in
paragraph 9 above.
e. Kuhn shall limit hours of construction on the site to between seven (7)
a.m. and seven (7) p.m.
14. This Agreement represents a compromise of disputes between the Parties. It
is expressly understood and agreed that this Agreement is entered into for the
purpose of avoiding litigation and this Agreement shall not be construed as
an admission by any Party of any liability whatsoever.
15. The parties hereto agree that they intend this Settlement Agreement shall not
be subject to any claim of mistake, or effect, or of law in that it expresses a
full and complete settlement of issues. This Settlement Agreement is intended
to avoid and/or resolve litigation involving the aforesaid land use appeals
herein. The conditions set forth herein are in compromise of disputed matters
and such conditions shall not to be construed.as an admission of liability on
behalf of any party to this Settlement Agreement or any one on their behalf.
lb. The parties further certify, state, declare and acknowledge that they have had
their own legal representation throughout these proceedings and have been
advised by their attorneys and/or their attorney's firm in all matters pertaining
hereto and admit that no representations of fact or opinion have been made by
the parties or any one acting on their behalf to induce this compromise and/or
settlement. In making this Settlement Agreement the parties hereby certify,
state, declare and acknowledge that they have not relied upon any statements
of legal responsibility of each other.
17. In the event that either party defaults on any obligation, term or condition of
this Agreement asset herein and the other party prevails in litigation to
enforce the terms of this Agreement, then in addition to the lawful damages
(including but not limited to lost sales, interference with advantageous
contractual relations, lost profits, and/or damage to business reputation) and/or
equitable remedies which may be awarded for such breach, the prevailing
party in the litigation to enforce this Agreement shall be entitled to reasonable
attorneys fees and costs of the action.
18. This Agreement shall be binding upon and inure to the benefit of the parties
hereto, their respective heirs, legal representatives, successors and permitted
assigns.
19. This Agreement shall not be altered, amended, changed or modified except in
writing executed by the parties hereto.
20. This Agreement may be executed in multiple counterparts, each of which
shall be deemed an original and taken together shall constitute the Agreement.
'Che effective date of this Agreement shall be the date first above written,
which shall be the last date upon which both parties have executed this
Agreement. The parties hereby agree that a majority vote of the Board of
Supervisors of Dickinson Township approving the entering into of this
Settlement Agreement at a public meeting shall authorize its Chairman to
execute the Settlement Agreement and shall be legally binding upon
Dickinson Township.
21. Each of the parties has participated in the drafting of this Agreement after
consulting with counsel. Therefore, the language of this Agreement shall not
be construed in favor of or against any of the parties.
22. The construction of this Agreement and the rights and remedies of the parties
hereto including the performance hereof, shall be governed by the laws of the
Commonwealth of Pennsylvania.
23. If any date for which a time period contained in this Agreement is scheduled
to expire is a Saturday, Sunday or legal holiday, the subject date shall be
extended to the next business day.
24. This Agreement is an integrated agreement, containing the entire
understanding between the parties regarding the matters addressed herein,
and, except as set forth in this Agreement, no representations, warranties or
promises have been made or relied upon by the parties of this Agreement.
This Agreement shall prevail over prior communications regarding the matters
contained herein.
25. If any terms or provisions or portions of this Agreement or application thereof
to any person or circumstance be held invalid, the remainder of said term or
provision and/or this Agreement shall not be affected thereby; and, to this end,
the parties hereto agree that the terms and provisions of this Agreement are
severable. No failure of any party to this Agreement to exercise any power or
to insist upon strict compliance by any other party hereto of any obligation
and no custom or practice of the parties at variance with the terms of the
Agreement shall constitute a waiver of the right to demand strict compliance
with the terms of the Agreement. Any provision of this Agreement prohibited
by law or by a court, decree in any locality or state shall be ineffective only to
the extent of such prohibition without in any way invalidating or affecting the
remaining provisions of this Agreement or without invalidating or affecting
the provisions of this Agreement.
26. All times, if any, shall be deemed to be of the essence of this Agreement.
27. Notice, if any, required to be given under this Agreement shall be given in
writing and shall be served in person, by a nationally recognized overnight
express delivery service, by United States registered or certified mail, with
postage pre-paid, or by facsimile transmission with a hard copy sent on the
same day by a nationally recognized overnight express delivery service,
properly addressed and directed to the party to receive the same at the address
hereinabove or such other address as may hereafter be substituted by notice in
writing thereof.
29. To the extent necessary, this Court of Common Pleas of Cumberland County
shall retain jurisdiction over the subject matter of this Settlement Agreement
pursuant to §1006-A of the Pennsylvania Municipalities Planning Code.
30. This agreement is executed in eight•(8) counterparts, all of which shall
constitute an original.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound
hereby, have hereto set their hands and seals the day and year first above written.
WITNESS/ATTEST:
?-
Ile
WITNES LA TTEST:
A.C. KUHN
BOARD OF SUPERVISORS OF DICKINSON TOWNSHIP
V
By:
C man
By? ?U?
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k
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Wh/rlpool. Disbr6utlan Facility k
NSF 1
MaCoy Interstate Park West "
_-Lot /1 1
First Chleago Leasing Corp. k
-DB. 20.1;, Page 1018 J
c? .
i.. sr PROPOSED REALIGNMENT OF °
50' WIDE. ACCESS EASEMENT j
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50' WIDE
LANDSCAPE
BUFFER
.. '•.' ?:.if r: ;? 1124 ?.. ` e
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'`'"R0'* •^''' EXIS77NG 5 'WIDE ACCESS .
FASEWEN T BE AaWDONED - : p
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i
341
EVANS ENGINEERING, Inc. August, 2005
lip ;
.i, A. C. Kuhn
?. .
a OT
1 • SHEET: 1 of 2
r; Commerce Ave.
N F Dickinson Township
• • Cumberland County, Pennsylvania
Kenneth Graham
-PB.22 .M • page 1044
Source: survey -Erdman Anthony (March 20
Scale: 1" 100' Job No. 03667C
EXHIBIT "C"
Exhibit B
V.
BOARD OF SUPERVISORS OF
DICKINSON TOWNSHIP,
Appellee
NO. 2004-4383 & NO. 2005-2319
LAND USE APPEALS
CIVIL ACTION -LAW
ORDER
AND NOW, this 310 day of November, 2005, upon consideration of the
representations of counsel for the parties, and the.Settlement Agreement filed in the within
matters, said Settlement Agreement is hereby approved by the Court subject to the Court's
continuing to retain jurisdiction of the above appeals pursuant to § 1006-A of the Pennsylvania
Municipalities Planning Code and to issue such supplementary orders consistent with the terms
of the parties' Settlement Agreement.as the Court deems necessary or appropriate to protect and
enforce the rights of the Appellant landowner, its successors and/or assigns.
BY THE COURT:
r
Judge Edgar B. Bayley
rUE COPY FROM REC080
n TaaW / whwed, : here urAD sef y hand
$I said Curt at Cadsle; Pa.
pmth04cf
ALBERT C. KUHN IN THE COURT OF COMMON PLEAS OP
Appellant CUMBERLAND COUNTY, PENNSYLVANIA
Exhibit C
South "iddleton 7ownship
520 Park Drive, Boiling Springs, PA 17007-9536
PHONE: (717) 258-5324 FAX: (717) 258-3577
www.smiddleton.com
Salzmann Hughes, P.C.
Attn: Mr. Bryan Salzmann
Suite 1
354 Alexander Spring Road
Carlisle, PA 17013
Re: Dennison Tract/A.C. Kuhn Access to Warehouse
Dear Bryan,
March 13, 2007
At their March 8, 2007 meeting, the Board of Supervisors approved the revised
access configuration for the Dennison Tract. The access, as shown on the
plans titled "A.C. Kuhn Lot #3 Access Plan", dated 03/02/07, addresses the
concerns of previously raised by the Supervisors.
Specifically, the plan addresses the concerns that were previously raised by the
Supervisors in regards to it being paved, allowing cars ingress/egress, and
providing for emergency -access; while at the same time addressing the concern
raised by Dickinson Township to limit ingress/egress to the facility via Alexander
Spring Road by trucks. It also includes a "loop" to re-direct errant truck traffic on
Alexander Spring Road back to Commerce Avenue.
If you have any questions, please contact us at the Township Office.
Sincerely,
Brian O'Neill, P.E., S.E.O.
Township Engineer
Cc: Dennison Tract file
Exhibit D
CUMBERLAND COUNTY PLANNING COMMISSION
fl x
North Hanover gtreet; Stuite im plannibg
Carlisle,_PA 17013 (717) 240-6377
+ Fax (71 7). N"A 17 (71'7).24M 171
`www:ccpa.neuplanning (717) 240=5381
C?pen Spate Preservation
(717) 240-5383
April 20, 2007
Mr. 0. )Dryan Salzmann, Esq.
354 Alexander Spring:Road
Carlisle, PA 17013
Farntland,PiWerVation
(717):240-6537
RE: Road Access Plan -- Dennison Tract,. Diekinsotn Township aad South Middioton Township
Dear Bryan,
In. response to your letter dated AprY119, 2007, the.. Cum a land County Planning. Commission
staff has reviewed the Road Access Plan. for the Dennison Tract.. We believe the modi-fic ation of
the roadway access shown on the plan is acceptable.and:represents an.enhaa cement.framthe
original plan included iti the settlement agreement. No further. review of the Road Accas. Plan is
regnired by the Cwnberland County Planning Commission:
Best Regards,
K rk t). Stoner, AICP
Executive Director
Cumberland County Planning Commission
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Nov. 1. 2007 1:33PM
"If we wish to predict ilie future, theta we must create it"
,DICMNSONTOWNSHIP MW.YCIPAL B(IIr.DING
219 Mountain Weip Road
Mount Holly Springs, PA 17065
Phone (717) 486-7124 Fax (117) 486-8412
www.di Lnsontojpnshlaorr
BOARD OF SUPERVISORS
MEETING
AUGUST 20, 2007
No. 1801 P. 2
CALL TO ORDER:
Chairman Jones called the meeting to order at 7:00 p.m. at the Dickinson
Township Municipal Building located at 219 Mountain View Road, Mount Holly
Springs, PA 17065
ROLL CALL:
The following were present for the meeting: Chairman Jones, Vice Chairman
Patterson, Supervisor Wyrick, Township Manager Livingston, Solicitor Schorpp,
Zoning Officer Reisinger, Engineer Lauriello, and Secretary Smith.
VISITORS:
Leonard Kuhn, Brian Evans, and Virginia Wyrick, Randy Heishman, Ryan
Heishman, Heather Stauffer, Jim Hughes, Ivan Bretzman, Leon Disque, Patricia
Disque, Andrea Ciccocippo, Ken Graham, Rob Kole, Eric Kline, Richard Shugart,
Web Diehl, Hubert Gilroy, and Nailah Rogers.
PLEDGE O,FALLEGL4NCE.
Chairman Jones led everyone present in the Pledge of Allegiance.
CIL4M MANS REPORT:
None
AGENDA APPROVAL:
130-07 Kee Chairman Patterson made a motion to approve the agenda as written.
Supervisor Wyrick seconded the motion. Chairman Jones added a topic to the
agenda under the Business section. He asked for a new motion with the new
topic of the Boundary Line Issue between Dickinson and South Middleton
Townships. Vice Chairman Patterson added this to his motion. Supervisor
Wyrick seconded the motion. The (notion passed with a unanimous vote.
Nov. 1. 2007 1:33PM
No. 1801 P. 3
CONSENT AGENDA:
131-07 Vice Chairman Patterson made a motion to take each item under the consent
agenda and vote on it separately with items 3, 4, and 3 being moved to the
Business Section. Supervisor Wyrick seconded the motion. The motion passed
with a unanimous vote.
132-071. Minutes ofAugust 6; 2007- Vice Chairman Patterson made a motion to
accept the minutes as presented. Chairman Jones seconded the motion.
Supervisor Wyriek abstained, as he was not at the meeting. The motion passed
wills a unanimous vote.
133-072 Payment of the bills. Supervisor Ipyrick made a motion to pay the bills as
presented. Vice Chairman Patterson seconded the motion. the motion passed
wills a unanimous vote.
134-07 Vice Chairman Patterson made a motions to move the items Listed below.
Supervisor Wyrick seconded the motion. The motion passed with a unanimous
vote.
These topics were nsoved to Business section and the Engineers Report of list agenda.
3. The Rettew Proposal for Dickinson Township Comprehensive flan was
moved to the Engineers Report.
4. Municipal Authority letter to Carlisle Borough ref Sewer Capacity was moved
to Managers Report.
5. A new Health Care Provider effective September 1, 2007 was moved to
Managers Report.
PUBLIC INPUT:
Done
EMERGENCYSERVICES:
Tire Chief Bretzman gave a report on the new 800-radio system. He stated that
there are it few problems to be worked out but that everything was going well
with them. He asked the board of supervisors to lift the Burn Ban effective
August 21, 2007.
135-07 Supervisor Wyrick made a motion to lift the Burn Ban effective August 21,
2007 as recommended by the fire chief. Vice Chairman Patterson seconded the
motion. The motion passed with a unanimous vote.
Chairman Jones suggested that the board look at the Ordinance on the Burning
Ban where the Board of Supervisors must vote to place a Burning Ban in effect.
They all agreed that a different ordinance needed to be written and the language
changed.
B USINESS:
1. Callapatscink Phase IV- Attorney Jim Hughes and Engineer Brian Evans
explained to the board that the efforts to acquire a second entrance into
2
Nov. 1. 2007 1:33PM
No. 1801 P. 4
Callapatscink have been unsuccessful. They instead extended the cul-de-sac to
accommodate a possible #nture entrancelexit location,
A lengthy discussion about the storm water pipes underground and who will be
responsible to keep them oleaned out and the perk test that were done on the lots
previously, No decision was made about the storm water pipes and Zoning
Officer Reisinger told the board that the perk tests were still valid. prior to voting
on Callapatseink Phase IV, Solicitor Schorpp gave conditions, as follows, that
they must agree to:
A. Bonding the Public improvements- Is the developer in agreement to
posting security as required by the WC in an amount that is acceptable to
the engineer to bond the installation of the public improvements. Attorney
Jim Hughes agreed.
B. Is the developer agreeable to entering into an Improvement Agreement
to construct the improvements as per township requirements and the
agreement would be acceptable to the township solicitor. Attorney Jim
Hughes agreed.
C. The developer agrees to pay all recreation fees for all these lots.
Attorney Jim Hughes agreed.
D. The developer agreed to get the approval from the township engineer
on the cul-de-sac.
E. The plan must be sighed by the engineer, owners, and surveyor.
Attorney Hughes agreed.
136-07 Chairman Jones made the motion to accept Callapatscink Phase IV with the
five conditions In place. Vice Chairman Patterson second'ed (lie motion. The
motion passed.
Solicitor Schorpp asked Richard Shugart if he had any objections to Supervisor
Wyrick voting on this plan. Richard Shugart replied, "He did not want Supervisor
'W'yrick to vote on the plan". Solicitor Schorpp asked what the basis was for that.
Mr. Shugart replied, " because of the problems between him and me. Solicitor
Schorpp asked if Mr. Shugart felt that Mr. Wyrick would be bias on this matter.
Mr. Shugart answered, "'Y'es
Solicitor Sehorpp asked Supervisor Wyriek if he felt he could be objective and
impartial in voting on this matter. Mr. Wyrick replied, "I do, I have expressed my
concerns on the plan and my vote will be based strictly on what I see on the plan
and the legal aspects of the plan."
Solicitor Schorpp stated that under the circumstances Mr. Wyrick would vote. If
you have any objections to that Mr. Shugart; you may take it to a higher authority.
The vote was taken the Chairman Jones and We Chairman Patterson vote,
"Aye"$ Supervisor Wyrick voted, "Nay". The motion passed.
Nov, 1. 2007 1:33PM
No. 1801 P. 5
2. Lot #3 & Graham Subdivision - Attorney Jim Hughes asked if #3 Dennison -
Access Amendments could be taken first if there were no objections. Chairman
Jones replied, "That is fine".
3. Dennison - Kuhn Access Amendments - Attorney Jim Hughes and Brian
Evans stated what they are looking at is a minor modification to the court
approved settlement agreement on the Dennison Tract pursuant of paragraph 7,
which dealt with the access out to Allen Road. This had put the Graham
Subdivision on hold until we went to South Middleton and asked their
requirements for the access road coming across. The intent of the agreement was
to keep the trucks off Alexander Spring Road. There a. several prior easement
agreements with the land owners which are now owned by First Industrial and
Liberty Trust these were put in effect specifically for the Dennison Tract so that
the trucks did not go out onto Alexander Spring Road. What we are looking for
tonight is a small change in the access road which instead of making a loop up
around the back of the Whirlpool facility it will cross directly from the property
owned by Mr. Graham; which we are looking to subdivide; to a portion that was
not included as part of the court settlement agreement. We thought it would be
more prudent to bring this to the board for review of the technical aspects. It is my
understanding Mr. Lauriello has had an opportunity to review these items.
There was a lengthy discussion about the access road and the trucks and vehicles,
which would be traveling on the road. There was also discussion about the
emergency vehicle access. The access road will have signage for emergency
vehicle traffic only. Attorney Hughes asked the board of supervisors to consider
the following two items: that the board has no objections to the technical changes
before they go ahead and petition to have them included. The second item was
designation of the road as a public road. Under the settlement agreement that is a
requirement, for us proceed forward we must contact the owners. We would like
the township's assistance in contacting these owners to exercise the rights that the
township reserved under these easements agreements, which are already on
record.
Solicitor Sehorpp stated that Rettew has reviewed the technical aspects and they
are satisfied with those; the developer will be bonded as pail of the whole plan.
The board is not being asked to agree with the court petition that Mr. Hughes is
speaking about. What you are being asked is to agree to the modifications and that
the board has no objections. That is a matter of fact because it is a legal matter in
the court-approved settlement and the board cannot make a judgment on this. He
suggested to the board that they entertain a motion that the township has no
objections to an amendment to the court approved settlement to reflect this
change.
Allyn Perkins 200 Old State Road and the liaison from the Planning Commission,
he asked Mr. Evans about the signage that will prohibit the traffic from traveling
4
Nov. 1. 2007 1:34PM
No. 1801 P. 6
access road to return to Alexander Spring Road. Mr. Evans replied, "Yes". The
access road must be provided for the emergency vehicles only.
There was more discussion about-the height of the gates. It was agreed that both
gates would be low gates to try to prevent personal vehicles from exiting onto the
emergency access road.
137-07 Chairman Jones made a motion that the board of supervisors has no objections
to the proposed technical plans for the emergency access and the straight away
through to Commerce Drive and to recommend a ch ange to a lower gate. In
addition, that no objection are made. Supervisor Wyrkk seconded the motion.
The motion passed with a unanimous vote.
Attorney Jim Hughes asked the township to request the granting of easements
from Liberty Trust and First Industrial. (Commerce Drive extension)
A lengthy discussion took place about the Commerce Drive extension. There was
concern about who would be maintaining the road. If the road is dedicated it will
become the responsibility of Dickinson Township to maintain it.
The board of supervisors recessed the meeting at 9:11 p.m.
The meeting reconvened at 9:17 p.m.
3. Lot #3 & Graham Subdivision - Attorney Jim Hughes stated they received
a letter from Mr. Lauriello and they have reviewed his comments. They did not
have any objections to the comments, Mr. Hughes asked if there were any
questions about the waiver requests. The main item was the Graham access,
which was part of the above items that they had just discussed.
There was some confusion as to whether this was also Land Development.
Solicitor Schorpp stated that the Graham property was never part of the First
Industrial piece or the Liberty Trust piece. The board will have to act on the
Graham property subdivision first and then the land development.
Engineer Lauriello had a letter dated January 11, 2007 there are five waivers
being requested all of which were recommended for approval by the township
Planning Commission.
1. 178-16 Preliminary Plan Requirements this is a lot add on. We are
taking about 3,000 square feet triangle and adding it onto Lot #3 of
Dennison.
2. 178-21.F Erosion and Sedimentation Control - no earth-moving taking
place as pant of the Subdivision Plan for Graham.
3. 178-21.G Stormwater Management Plan - no improvements under the
Subdivision plan, a waiver would be justified.
4. 178-42.C Right-of- Way Dedication - to meet the minimum
requirement of the township ordinance Mr. Graham would be giving a 25
feet of right-of-way. In doing so it makes his lot less conforming to the
ordinance. There would be a 5 ft turned back to Mr. Graham.
5. 178-43.C Utility Easement -10-foot utility easement along Alexander
Spring Road at the Graham property.
Nov. 1. 2007 1:34PM
No. 1801 P. 7
Post Subdivision and Land Development - financial security for $715.00
prior to recording the plan. That is for the setting of property
monumentation that will be done prior to recording the plan, so the
security may not be required.
138-07 Chairman Jones made a motion to approve the Lot #3 Graham property
preliminary final subdivision granting waivers 17816,178 21.rp 178-21. 6,
178-42.C and 17'8-43.C. Motion to include the posting of financial security of
$715.00 prior to recording of the plan. Supervisor Wyrick seconded the motion.
The motion passed with a unanimous vote.
Land Development: Is just the portion across Mr. Graham's property.
There were three conditions set forth:
1, Bonding of the overall project
2. Improvement Agreement for the overall project
3. Soil and Erosion control
Attorney Hughes agreed to all of the above conditions.
139-07Supervisor Myrick made the motion to accept the Land Development portion of
the Graham property with the 3 conditions mentioned above lice Chairman
Patterson seconded the motion. The motion passed with a unanimous vote.
5. Preliminary / final Subdivision Plan for Allen Distribution -- This was for
information for the board of supervisors. No motions were made at this time.
6. Clearview Place #2 and #3 Lot Consolidation - this off Route 174 next to
Clearview Drive lots 2 and 3. The people wanting to purchase the property could
not get a highway permit. The people want to make it one large one lot. They are
asking for a letter from the township, It will take a deed of consolidation to make
both lots as one.
140-07 Chairman Jones made a motion for lire lot consolidation of Lots 2 and 3 of
Clearvimv Place and a waiver to the SALDO requirement for having individual
lots. On the condition that the Deed of Consolidation be recorded Vice
Chairman Patterson seconded the motion. The motion passed with a
unanimous vote.
Health Care - Rob Kole from Benefit Connections explained the new insurance plans
that he has been working on for the township. He also gave them approximate pricing.
The opt-out plan would still be available to those not taking the insurance through the
township. The now plan will take effect September 1, 2008.
141-07Supervisor Wyrick made a motion to arsthorke Township Manager Livingston
to make the decision for the provider with the lowest cost insurance for one
year. Vice Chairman Patterson seconded the motion. The motion passed with a
unanimous vote.
4. R, Wayne Jones - Final Subdivision Plan
142-07Supervisor WyAck made a motion to table this plan. Vice Chairman
6
Nov. 1. 2007 1:34PM No-1801 P. 8
Patterson seconded the motion. The motion passed with a unanimous vote.
143-07Yice Chairman Patterson made a motion to send the Planningmodule dated
July 9, 2007 to DEP. Supervisor Wyrick seconded the motion. The motion
passed with a unanimous vote.
SUPERVIORS & STAFF RE.PORT.-
Solicitor S'chorpp recused himself from this matter.
Chairman Jones asked about the letter from Al Loomis, Chairman of the
Municipal Authority to Carlisle Borough, 'Where was a discussion on this letter
dealing with the timeline for the sewer capacity. Chairman Jones suggested that a
letter be written to Mike Keiser of Carlisle Borough. Township Manager
Livingston told the board that we had received comment from three of the four
developers to assist in the payment for the research on the sewer capacity.
144-07 Vice Chairman Patterson trade a motion to forward the letter to Mike Keiser.
Supervisor Wyrick seconded the motion. The motion passed with a unanimous
vote.
-ENGINEERS REPOPT:
Engineer Lauriello talked about Rettew's Comprehensive Plan, He stated that
Vice Chairman Patterson had a question on the billing schedule, page 10, and that
paragraph will be stricken from the Comprehensive Plan. The other comment that
was raised was in regards to the fee for the background data. In the section
Where's Dickinson Township Now. There was some concern about the price
being high. We feel that on that phase we can take it on a Time and Expense basis
to guarantee not to exceed the price on the Comprehensive Plan. This is
$4,760.00,
145-07Supervisor Wyrick made a motion to accept the updated Rettew Proposal for the
Comprehensive Plan. With the expressed modif ieations, which Rob has given
us. With the revised Proposal being sent to the Township and authorized
accordingly. Vice Chairman Patterson seconded the motion. The motion passed
with a unanimous vote.
Chairman Jones asked about the Boundary Line dispute between Dickinson
and South Middleton Townships. He felt that necessary action needed to be taken
to get that line in place. He asked Engineer Lauriello if the survey work that was
already done was sufficient for the line. Engineer Lauriello handed the board a
report that the surveyor felt needed to be done. He asked the board to consider this
in their determinations. The solution is not going to be inexpensive. 'V'ice
Chairman Patterson stated that Solicitor Schorpp had told the board that the
Boundary Commission would accept only the original boundary line that was put
into place in 1859. It must follow that documentation.
Supervisor Wyrlck made a suggestion to table the Boundary Line dispute
between Dickinson Township and South Middleton until the next board of
supervisors meeting, which is September 4, 2007 at y:00 p.m.
7
Nov. 1. 2007 1:34PM
No. 1801 P. 9
MANAGERS REPORT.
Chairman Jones asked about the weight limit set for the bridge on Burnt House
Road. Township Manager Livingston stated the trucks could no longer go over
the bridge even when they are empty. Which means during winter plowing our
own trucks will not be able to go over that bridge. Township Manager Livingston
stated that on October 25, 2007 there will be a meeting on "Are You Prepared for
a Man-Made or Natural Emergency". This will outline what you need to do to be
prepared.
ZONING OFFICERS REPORT.
None
SOLICITORS REPORT:
None
ADJOURNMENT:
Supervisor Wyrick made a motion to eiVourn the meeting. Vice Chairmim
Patterson seconded the motion. The motion passed with a unanimous vote.
The meeting adjourned at 11:45 p.m.
Respectfully Submitted,
X),ku.a),4-0b
Deborah A. Smith.
Secretary
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PLAN SHEET INDEX
C l . . . . . . . . OVERALL SITE PLAN
C2 . . . . . . . . INDEX MAP
C3.1 - C3.2 . . . EXISTING CONDITIONS/DEMO. PLANS
C4.1 - C4.2 . . . PAVING/DIMENSIONAL CONTROL PLANS
C5.1 - C5.3 . . . GRADING/UTILITY PLANS
C6.1 A - C6.28 . . LANDSCAPE PLANS
C7.1 - C7.2 . . . LIGH77NG PLANS
C8.1 . . . . . PAVING & MISC. SITE DETAILS
C8.2 - C8.3 . . . . SEWER & WATER DETAILS
C8.4 . . . . . . . . LANDSCAPE & FENCING DETAILS
C8.5 - C8.6 . . . . STORMWA7ER DETAILS
C8.7 - C8.10 . . . STORMWATER PROFILES
AD 1.10 - AD3.2 . . ACCESS DRIVE PLANS
R 1.1 - R2.8 . . . ALEXANDER SPRING ROAD
IMPROVEMENT PLANS
ES1.0. . . . . . . . E&S CONTROL COVER SHEET
ES 1.1 - ES 1.4 . . E&S CONTROL NOES & DETAILS
ES2.1 - ES2.4 . . E&S CONTROL PLANS-INI77AL PHASE
ES3.1 - ES3.4 . . E&S CONTROL PLANS-FINAL PHASE
E54.1 - ES4.4 . . PROFILES
STREET DATA
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DO 163 PACE 359 DO 199 PAGE 106
GATED OECE118TR 20, 2001 DATED: JANUARY 18. 200
TAX MAP 08-09-327-002 TAX MAP 05-09-527-02
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KUHN CHESTER
OOTITMAAN
LOT 1 - TRACT 2 DATED: SEPTEMBER 06. 19
00 163 PACE 362 PLAN BOOK 57 PACE 14
DATED: DECEMBER 20, 2001 5.1533 Ac.
TAX MAP 08-09-525-051
18.908 As.
CERTIFICATE OF SERVICE
AND NOW, this'ZO day of March, 2008, I, of Salzmann
Hughes, P.C., counsel for the Petitioner, hereby certify that I served a copy of the within Petition
and Proposed Order this day by depositing the same in the United States mail, postage prepaid, at
Carlisle, Pennsylvania, addressed to:
Edward L. Schorpp, Esquire
Solicitor to Dickinson Township
35 South Thrush Drive
Carlisle, PA 17013
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7 ' 0 N A
ALBERT C. KUHN,
APPELLANT
VS.
BOARD OF SUPERVISORS OF
DICKINSON TOWNSHIP,
APPELLEE
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 20044383 & NO. 2005-2319
LAND USE APPEALS
CIVIL ACTION - LAW
JUDGE BAYLEY
ORDER
AND NOW, this 2x day of March, 2008, upon consideration of the Petition to
Modify the Court Approved Settlement Agreement dated November 30, 2005, it is hereby
ORDERED and DECREED that the Petition to Modify the Court Approved Settlement
Agreement is hereby GRANTED. The amended Land Development Plan and the Revised
Access Plan attached to the Petition shall replace the Original Land Development Plan, including
the original access plan and shall be placed of record. All other terms and conditions of the
original Settlement Agreement shall remain in full force and effect and the Court shall continue
to retain jurisdiction over this matter pursuant t
7
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i ? ? ?,??r-1 +113
4
ALBERT C. KUHN,
Appellant
v.
BOARD OF SUPERVISORS OF
DICKINSON TOWNSHIP,
Appellee
• • IN THE COURT OF COMMON PLEAS
• • OF CUMBERLAND COUNTY,
.• PENNSYLVANIA
.•
CIVIL ACTION — LAW
: NO. 04-4383 & N(k"L005-2319
: CIVIL TERM
. LAND USE APPEAL
STATEMENT OF THE MATERIAL FACTS
TO SUBSTITUTE SUCCESSOR
_f^
C`3
0
Carlisle Trade Center 44, LLC, by and through its attorneys, Stevens & Lee,
hereby files this Statement of Material Facts to Substitute Successor as follows:
1. This Statement of Material Facts to Substitute Successor is brought pursuant
to Pa. R.C.P. No. 2352(a).
2. Carlisle Trade Center 44, LLC is a Delaware limited liability company with
address of c/o Hillwood Development Company, LLC, 3090 Olive Street, Suite 300, Dallas,
Texas 75219.
3. By deed dated December 20, 2014, Carlisle Trade Center 44, LLC,
purchased from Albert C. Kuhn, the 50.39 acre tract of land identified as Tax Parcel No. 08-09-
0525-050 in Dickinson Township (the "Property") which is the subject of these appeals. The
deed of record referencing this transaction has been recorded on December 3 ° , 2014 at the
Recorder of Deeds of Cumberland County at Instrument No. Q 1 y 3 d Z O'
1
SL 1 1341789v1 065165.00022
4. As part of the purchase of the Property, Albert C. Kuhn assigned to Carlisle
Trade Center 44, LLC all of his rights and interests in the captioned appeals (the "Assignment").
5. As owner of the Property and pursuant to the Assignment, Carlisle Trade
Center 44, LLC is now the "successor" to Albert C. Kuhn since Carlisle Trade Center 44, LLC
has, by operation of law, election and appointment, succeeded to the interests of Albert C. Kuhn
as Appellant in these appeals.
WHEREFORE, Carlisle Trade Center 44, LLC hereby becomes the appellant in
these proceedings, as the successor to Albert C. Kuhn.
Respectfully submitted,
STEVENS & LEE
Date: I Z13' , 2014
SL1 1341789v1 065165.00022
By
Ronald M. Lucas, No. 18343
Charles M. Suhr, No. 72923
17 N. 2nd Street, 16th Floor
Harrisburg, PA 17101
(717) 255-7352
Attorneys for Carlisle Trade Center 44, LLC
2
CERTIFICATE OF SERVICE
I, CHARLES M. SUHR, ESQUIRE, certify that on this date, I served a certified
true and correct copy of the foregoing Statement of the Material Facts to Substitute Successor
upon the following counsel of record, by depositing the same in the United States mail, postage
prepaid, addressed as follows:
Date: December , 2014
SL 1 1341789v1 065165.00022
Susan J. Smith, Esq.
Law Offices of Susan J. Smith
2807 Market Street
Camp Hill, PA 17011
Solicitor, Dickinson Township
G. Bryan Salzmann, Esq
James D. Hughes, Esq.
Salzmann Hughes, P.C.
354 Alexander Spring Road, Suite 1
Carlisle, PA 17015
Attorney for Albert C. Kuhn
CQ ALtA
3
Charles M. Suhr
ALBERT C. KUHN,
Appellant
v.
BOARD OF SUPERVISORS OF
DICKINSON TOWNSHIP,
Appellee
• • IN THE COURT OF COMMON PLEAS
• OF CUMBERLAND COUNTY,
:• PENNSYLVANIA
:• CIVIL ACTION — LAW
: NO. 04-4383 & NO 005-2319 r
r
CIVIL TERM,,
: LAND USE APPEAL -< M
PRAECIPE TO AMEND CAPTION TO REFLECT SUCCESSOR
cJ
r
c-7
CD
PND
TO THE PROTHONOTARY:
Kindly amend the above -referenced caption to reflect Carlisle Trade Center 44,
LLC as successor to Albert C. Kuhn as Appellant in accordance with the Statement of Material
Facts to Substitute Successor, filed on December30, 2014. The caption should read as follows:
CARLISLE TRADE CENTER 44, LLC,
Appellant
v.
BOARD OF SUPERVISORS OF
DICKINSON TOWNSHIP,
Appellee
SL 1 1341787v1 065165.00022
•
. IN THE COURT OF COMMON PLEAS
:• OF CUMBERLAND COUNTY,
• • PENNSYLVANIA
:• CIVIL ACTION — LAW
: NO. 04-4383 & NO. 2005-2319
: CIVIL TERM
: LAND USE APPEAL
1
Respectfully submitted,
STEVENS & LEE
Date: 2- D , 2014 By
SL1 1341787v1 065165.00022
Ronald M. Lucas, No. 18343
Charles M. Suhr, No. 72923
17 N. 2"d Street, 16th Floor
Harrisburg, PA 17101
(717) 255-7352
Attorneys for Carlisle Trade Center 44, LLC
2
CERTIFICATE OF SERVICE
I, CHARLES M. SUHR, ESQUIRE, certify that on this date, I served a certified
true and correct copy of the foregoing Praecipe to Amend Caption to Reflect Successor upon the
following counsel of record, by depositing the same in the United States mail, postage prepaid,
addressed as follows:
Date: December 30 , 2014
SL1 13417 87v 1 065165.00022
Susan J. Smith, Esq.
Law Offices of Susan J. Smith
2807 Market Street
Camp Hill, PA 17011
Solicitor, Dickinson Township
G. Bryan Salzmann, Esq
James D. Hughes, Esq.
Salzmann Hughes, P.C.
354 Alexander Spring Road, Suite 1
Carlisle, PA 17015
Attorney for Albert C. Kuhn
64,k„,t,t tyt
3
Charles M. Suhr