This chronology of events is created from documents received under Right to Know (RTK) requests filed with Silver Spring Township. This information is being shared with residents to promote transparency.
February 6, 2025
The Honorable Matthew P. Smith, Judge has ordered a hearing scheduled for February 13, 2025 at 1:30 pm in Courtroom No. 4 of the Cumberland County Courthouse in order for the Court to determine several outstanding motions in the Civil Action - Land Use Appeal (Docket No. 2024-12177 and 2024-12523) regarding 401 Mulberry Drive and 107 Texaco Road in Silver Spring Township.
February 13, 2025
After this hearing, the Honorable Matthew P. Smith, Judge issued two subsequent Orders of the Court. Two residents (Mark Potteiger and D. Bailor) were granted Intervenor Status in the Land Use Appeal (Docket No. 2024-12177).
The Order further states "Pursuant to 11005-A and 11006-A, the Court will not limit itself to the decision of the township. It will instead allow consideration of evidence and arguments heard only at the original township hearing..."
The Court is scheduled to hold a status conference on April 17, 2025 at 2:30 pm in Courtroom 4 in person to argue the next steps and enter a case management order at that time.
April 17, 2025
A status conference was held at the Cumberland County Court of Common Pleas in the land use appeal of PDC Northeast LPIV JH/IM, LLC (appellant) v. Silver Spring Township (appellee) and the Intervenors.
Interim events from previous court hearing
March 28, 2025 - PDC Northeast LPIV JH/IM, LLC files a Motion for Clarification or Reconsideration from an Order of the Court dated February 13, 2025
March 31, 2025 - An Order of Court is issued in response to the Appellant's Response to Motion for Clarification or Reconsideration
April 14, 2025 - Silver Spring Township files a Response to Appellant's Motion for Clarification or Reconsideration
April 14, 2025 - Intervenors (Mark Potteiger and D. Bailor) file a Response to Appellant's Motion for Clarification or Reconsideration
Following verbal arguments from all parties, the Honorable Matthew J. Smith, Judge issued an Order of Court, which states "the parties are ordered to provide a very concise brief on the issue of whether the Court is consigned to the reasons of denial as delineated in the October 23, 2024, denial letter, or the Court can have a de novo review of the entire record. Said briefs are due no later than Friday, April 25, 2025, by close of business. The Court will then take the matter under review."
June 26, 2025
The Honorable Matthew J. Smith, Judge issued an Order of Court which states the court will only consider the contents of the denial letter and the relevant evidence from the official record that relates to the reasoning for the board's denial.
Additionally, the Court has ordered briefs due from all parties. The Court has scheduled oral arguments for September 26, 2025 at 10:00 am in Courtroom 4 of the Cumberland County Courthouse.
Interim events
May 16, 2025 - Intervenors file a Motion to Dismiss the Appellants Land Use Appeal
May 19, 2025 - Court issues Rule 236 Notice to all parties
June 9, 2025 - Appellant's Response to Intervenors' Motion to Dismiss Appellant's Land Use Appeal
June 27, 2025 - Court issues Rule 236 Notice to all parties in response to Intervenors' Motion to Dismiss
August 25, 2025
The Honorable Matthew J. Smith, Judge issued an Order of Court dated August 25, 2025, which states oral arguments have been rescheduled for October 17, 2025 at 10:00 am in Courtroom 4 of the Cumberland County Courthouse.
Disclaimer: The information contained on this page is within the public domain and/or has been legally obtained through Pennsylvania's Right to Know Law.