Descendants fight to block warehouse atop Kemp cemetery
18th century graveyard issue reopened
Descendants of one of the earliest settlers of Maxatawny Township have petitioned Berks County Court to vacate an order that would allow for the relocation of an 18th century family graveyard to make way for a warehouse.
Duke Realty, an Indiana-based developer, has submitted plans with the township to construct a warehouse atop a burial ground that contains the remains of Theobault (Dewalt) Kemp (16851760), regarded by some as the township’s first settler.
On July 22, county court granted Duke Realty authorization to disinter remains and relocate headstones on the Kemp Family Burial Ground to a nearby cemetery.
The decision was based in part on a research by CHRS Historic Preservation Services, a Lansdale firm hired by Duke Realty, that had not found any known relatives of at least 18 people interred in the Kemp cemetery.
In the aftermath, an initiative led by Brenda A. Winkler, former Kutztown School District superintendent, claims to have identified some 200 Kemp family descendants.
On Jan. 26, Winkler and three others filed documents requesting Judge Timothy J. Rowley stay his earlier order and allow an attorney for the family to present evidence to the contrary at a hearing.
Winkler was joined by her daughter Juli Winkler of Spring Township; Meredith Brunt Goldey of New Hanover Township, Montgomery County; and Linda Landis-Heffernan of Churchton, Md. All claim to be descendants of the Kemp family.
Officials from Duke Realty and CHRS Historic Preservation Services were unavailable for comment. No hearing date has been set.
Walk through history
A letter from the Kutztown Historical Society, which accompanies the descendant’s petition, says the Kemp burial ground is one of the largest of 17 historic graveyards in the township.
Theobault Kemp arrived in America around 1720 and settled on a frontier of what would become Maxatawny Township. He is said to have traded with Lenape tribes that inhabited the area.
His son, George Kemp, who is buried in the family graveyard, was a captain and was present at the Battle of Germantown during the Revolutionary War.
George Kemp was innkeeper of Levan’s Tavern, later known as Kemp’s Hotel, for 52 years. During the Revolution, the hostel on the road from Easton to Reading is said to have been visited by John Adams, a signer of the Declaration of Independence and second president of the United States.
In 1800, George Kemp was appointed justice of the peace.
Also buried on the Kemp plot is Hannah, the only known slave in eastern Berks County. George Kemp specified in his will that she be buried with the family.
“The burial ground is the final resting place for key figures in the early years of Maxatawny Township,” says the historical society’s Jan. 19 letter, signed by President Craig A. Koller. “Their life stories form much of the township’s history.”
In a letter to the township supervisors, descendants say the Kemps intermarried with members of prominent area families, including the Levans, Trexlers and Winks.
Descendants miffed
The petition filed by David W. Crossett of Blandon, the descendants’ lawyer, argues that Kemp descendants were not notified of Duke Realty’s legal action to relocate the family burial ground.
“Without any notice to petitioners or publication in a newspaper, the court entered a final decree authorizing Duke Realty LP to remove headstones and disinter the remains buried in Kemp Family Cemetery and relocate them in nearby Berks County cemetery,” the petition alleges. “Petitioners lacked notice and were not served with the Duke Realty petition.”
It also asserts that when descendants requested a copy of the assessment by CHRS Historic Preservation Services, key portions of it were redacted.
The petition also notes that, contrary to claims in Duke’s original petition, Kemp descendants do exist and the graveyard is not in disrepair.
The descendants are asking the court for an unredacted copy of the cultural assessment and the opportunity to present evidence to substantiate their claims.
Kemp descendants conveyed their concerns to Duke Realty representatives during a teleconference on Dec. 4, according to court documents.
Brenda Winkler, Theobault’s sixth great-grandniece and George Kemp’s first cousin seven times removed, said the family’s position is that the graveyard not be relocated.
Should approval be granted for Maxatawny Logistics Park, a 300-acre warehouse complex on the northwest quadrant of Route 222 and Long Lane, Winkler said the family has asked Duke to consider building the warehouse around the cemetery.
It could be done, she says, by eliminating three bays from its current design.
“We asked them to consider designing a pocket park and trails that would encompass the restored cemetery,” she said. “There are 459 bays in the entire development. It’s hard to believe that three fewer bays would make a difference.”