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Home My WebLink About05-3743 RONALD CRANDY AND IN THE COURT OF COMMON BARBARA CRANDY PLEAS OF CUMBERLAND COUIlLTY n () 53 ;:\1 ," r;...,-I .-\ COMMONWEALTH OF ~., ;;, , APPELLANTS PENNSYLVANIA v. NO. (f;- 37<!~ BOARD OF SUPERVISORS OF -.-< -, SILVER SPRING TOWNSHIP APPELLEE CIVIL ACTION - LAW NOTICE OF APPEAL AND NOW comes RONALD CRANDY AND BARBARA CRANDY, his wife, by and through their Attorneys, Rupp & Meikle and Richard C. Rupp, Esq. , who file this Appeal from the decision of the Silver Spring Township Board of Supervisors, Cumberland County, Pennsylvania under authority of Section 11 002-A of the Pennsylvania Municipalities Planning Code, 53 P.S. Sec. 11 002-A and in support thereof state the following: 1 r0 r" 1::' t') ,,) 1. The Appellants are Ronald Crandy and Barbara Crandy, his wife, adult individuals, reside at 309 Sharon Drive, New Cumberland, Pennsylvania. 2. The Appellee is the Board of Supervisors of Silver Spring Township, Cumberland County, Pennsylvania. 3. This Honorable Court has jurisdiction to consider this Appeal by reason of Section 11 002-A of the Pennsylvania Municipalities Planning (" Planning Code"), Act of July 31,1968, P.L. 805, as amended, 53 P.S. Sec. 11 002-A and Section 933 of the Judicial Code, as amended, 42 Pa. C.S.A. Sec 933(a)(2). 3. Ronald Crandy, one of the Appellants, is the legal owner of real estate premises containing approximately thirty- five (35) acres which premises are located in Silver Spring Township, Cumberland County , Pennsylvania adjacent to and adjoining an existing subdivision called WILLOW LAKE which subdivision is located along King Drive, a public road in Silver Spring Township. 2 4. The said 35 acre premises owned by Appellant Ronald Crandy is connected by a fifty ( 50 ) foot wide right of way called Willow lake Drive which connects Appellants' premises to the public road, King Drive. 5. Said 50 foot wide right of way known as Willow lake Drive bisects the existing above referenced WIllOW LAKE subdivision. 6. Ronald Crandy and Barbara Crandy, his wife, Appellants ( hereinafter referred to as Crandys or Appellants) are filing this Appeal on their own behalf as Appellants were the applicants to the Silver Spring Township for a subdivision and land development plan, # 2004 - 22 F for Appellants' said 35 acre premises referred to hereinabove. 3 7. On or about December 15, 2004 the Appellants filed their application for approval of a final subdivision and land development plan, # 2004 - 22 F, dividing Appellants' said 35 acre premises into two ( 2 ) lots for the purpose of keeping a building lot for an existing trailer home while creating a separate lot therefrom for the construction of a new residence for Appellants. 8. A final hearing was held on Appellant's application by the Silver Spring Township Board of Supervisors on June 22, 2005. 9. Bya written decision dated June 24, 2005 , and received following that date, the Silver Spring Township Board of Supervisors denied the Appellant's application for approval of Appellants' final subdivision and land development plan for various reasons. A copy of the Board's decision is attached hereto and incorporated herein by reference as if set forth in full. 4 10. The Appellant avers that the Board of Supervisors of Silver Spring Township in denying Appellant's application commi"ed clear and manifest abuses of discretion and its decision was arbitrary, a capricious abuse of discretion and contrary to law in the Board's finding of facts and conclusions of law as follows: (a) The Board found that Appellant's subdivision plan shows the Appellant's subdivision is on a private street (deficiency # 7 in Board's denial. ) This finding is in contradiction to the evidence of record of an existing common right of way from Appellant's premises to the public road said right of way known as Willow Lake Drive. (b) The Board found that Appellant's subdivision plan shows all lots in Appellant's subdivision do not front on a public street. (deficiency # 9 in Board's denial.) This finding is in contradiction to the evidence of record of an existing common right of way from Appellant's premises to the public road, said right of way known as Willow Lake Drive 5 (c) The Board found that Appellant's subdivision plan failed to show or provide to the Township a recorded copy of the documents or agreements relating to the conditions of use and maintenance requirements for Willow Lake Drive (deficiency # 13 under General Comments in Board's denial.) This finding is in contradiction to the evidence of record of an existing common right of way from Appellant's premises to the public road, said right of way known as Willow Lake Drive (d) The Board found that other technical requirements in Appellant's plan were not met but Appellant is able to correct these items and advised the Board Appellants are willing to correct these items. (Deficiencies # 1 - 6 and 10 - 12) 6 WHEREFORE, Your Appellants respectfully requests that: (A) the findings of fact of the Board of Supervisors be corrected and reformed or set aside. (B) The conclusions of law of the Board of Supervisors be corrected and reformed or set aside. (C) Such other relief as this Honorable Court deems just or appropriate. RUPP AND MEIKLE ( By: Richard C. Rupp Sup Ct. No. 34832 355 N. 21st Street Suite 205 Camp Hill, PA 17011 717-761-3459 Attorneys for Appellants 7 '. .' A_j . I .\'('\ i'" "'''' I '-, , )' to-.#- , , , ~fN F:' "-\J/'"'- ~ ~~1 ~~ c..., c- f".) C;, . : 1'., c:~ ':.,-1 () (~.I -n :rt 11'1 "-> f'0 ~ .. RONALD CRANDY AND BARBARA CRANDY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. : No. 05-3743 Civil TERM BOARD OF SUPERIVOSORS OF SILVER SPRING TOWNSHIP 6475 CARLISLE PIKE MECHANICSBURG PA 17050 WRIT OF CERTIORARI COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND) TO: BOARD OF SUPERVISORS OF SILVER SPRING TWP.: We, being willing for certain reasons, to have certified a certain action between RONALD AND BARBARA CRANDY pending before you, do command you that the record ofthe 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 22ND day of JULY, 2005 '" ..-'l ['- D U.S. Postal Service," CERTIFIED MAIL,.. RECEIPT (DomestIc Mail Only; No Insurance Coverage Provided) CURTIS R. LONG j:: rJ ~ ~ ru m ..JJ ru Postage $ ~ 1 Certified Fee D Return Receipt Fee ndorsement Required) CJ Restrlcted Delivery Fee 0- (Endorsement Required) m D Pos1mlUk """ Total Postage & Fees $ SENDER' COMPLETE THIS SECTION . . . Complete ~ems 1, 2, and 3. Also Comptete Item 4 if Restr1cted DeUvery Is daslred. . Print your name 8'Jd address on the reverse so that we can return the card to you. . Attach this card to the back of the mallplece, or on the front W space permits. 1. Article Addressed to: AS' ~t o Addressee B. ReceI_ by (/@Ited -n C. Date of Del~ 8v.e e.l~ '/..',,-0:0, D. Is deIIvety ". ,"'<IIlf>>~1rom ~ 0 Ves <<VES, enter~~Veryad~belili1l') 0 No -- -J' '(:} x BD OF SUPERVISORS OF SILVER SPRI~ 'IWP 6475 cARISLE PIKE MECHllNICSBURG PA 17050 ~<H , c.... -\';~' ,';- - - '~~~A ~!\ ..,...,.. ::t.: 3. Service lYpe ~.. C> ~ :Ill Certffled MaH -13 ExpIoQ Mall Cl Registered 0 A6tum Recelpt for Merchandise o Insulad Mall 0 C.O.D. .. Res_ad Delivery? (Exfnl Fee) 0 Ves 2. ArtlcIe Number (T'~from__1obe/) 7005 0390 0003 2632 0718 PS Fonn 3811, FebflllllY 2004 Oomestlc Raturn Receipt 102595-02-M-1540 I , . RONDALD CRANDY AND . . IN THE COURT OF COMMON . . BARBARA CRANDY PLEAS OF CUMBERLAND COUNTY APPELLANTS PENNSYLVANIA v. . . NO. 05-3743 . . BOARD OF SUPERVISORS OF . . SILVER SPRING TOWNSHIP APPELLEE . . CIVIL ACTION - LAW PRAECIPE TO WITHDRAW AND DISMISS THE ABOVE CAPTIONED ACTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PA: PLEASE MARK THE ABOVE CAPTIONED ACTION AS WITHDRAWN AND DISCONTINUED WITH PREJUDICE. By: Richard C. Rupp, Atty. I.D. No. 34832 355 N. 215' St., Ste. 201 Camp Hill, PA 17011 717-761-3459 Date: J i ?"l/h lJ.:Jr:- Attorney for Appellants . . CERTIFICATE OF SERVICE I, Richard C. Rupp, Esquire, do hereby certify that I am serving a true and correct copy of the foregoing document upon the person name below. Attorney Steven Stine 23 Waverly Drive Hummelstown, PA 17036 ~ Rich rd C. Rupp, Esquire Attorney I.D. # 34832 355 North 21" Street, Suite 201 Camp Hill, Pennsylvania 17011 (717) 761-3459 Date: 1~/?___r:r J~ ( I n :.- r--' '~@} -.;f' C,) (,.,\ ;:-:.; '\"-~ \...0 (-) 4"1 .-' -J: -'\\ ;-nr;;::. ""i->'1 ;\(~, ;.:\C~) \> r:--? ~\ '(\ .'~~r~ ~0 ..<': ~;:: -.--------