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Home My WebLink About98-02024 ~. ~ )'1 ~l ".I " "'Cl ( . ~ ~I I I , ~ :i ~ ~ { ~ 0-... ' .~ ... QI \i ~ &,' ~ ~ \I .~ ~ .. ':'~ \i)~ \ \ (' " ~ ~ ~ >- ~ <;:) "l( . c.. ~ . ~, I , IN THI COURT OF CONNON PLIAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - BQUITY SILVER SPRING CONNONS HOLDINGS INC., Plaintiff Defendant. ) ) ) ) ) ) ) ) ) NO. VI'- ,:<'(1.:' \,I /';'':'r7 'J;".. VI. CUMBERLAND VALLEY SCHOOL DISTRICT, IN BQUITY COMPLAINT IN EOUIT.I 1. Plaintiff, Silver Spring Commons Holdings Inc., is a Pennsylvania business corporation having its address at Suite 200, 259 Radnor-Chester Road, Radnor, Pennsylvania 19087. 2. Defendant, Cumberland Valley School District, is a duly organized and existing school distriot under the Pennsylvania Public School Code of 1949, having its principal office and place of business at 6746 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. JuriSdiction of the within Complaint Is based upon 42 USCS S 1981 which provides, in pertinent part, as followsl "Every person who, under color of any statute, oruinance, regulation, custom, or usage, of any State or Territory or the District of ColUmbia, SUbjects, or causes to be BUbjected, any citizen of the United States or other person within the juriSdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injUred in an action at law, suit in eqUity, or other proper proceeding for redress." 4. At all times relevant to this Complaint, Plaintiff il and hall been the owner of a parcel of real estate located within the munici.pal boundaries of Defendant Cumberland Valley School District, and the geographical address of PlaJ.ntiff' s propet:t;y is at the corner of Routes 11 and 114, Silver Spring Township, Cumberland County, Pennsylvania. Its Cumberland County Tax Paroel Identification Number is *38-07-0459-45. 5. On or before August 29, 1997, Defendant School District intentionally singled out Pla.intiff and filed an admin.i.strative assessment appeal against Pla.intiff's above-described property, which was filed with the Cumberland County Board of Assessment Appeals. 6. Said assessment appeal filed by Defendant School District was not precipitated by any change in the assessment undertaken by the Cumberland County Assessor, nor was it preoipitated by any I'equested Change in the assessment filed by Plaintiff. On information and belief, Plaintiff avers that the assessment appeal filed by Defendant against Plaintiff on its property was and is the only assessment appeal filed in 1997 by said Defendant, as an initial moving party, against any taxable real estate within the munioipal boundaries of the Cumberland Valley Sohool District. 7. Defendant Cumberland Valley School Distriot has undertaken to deprive Plaintiff of equal protection of its rights, privileges and immunities vis-a-vis other owners of taxable real estate within the boundaries of the CUmberland Valley School District inasmuch aSI a. Defendant purposely singled out Plaintiff and its real estate, against which to file an assessment appeal (while undertaking no similar conduot with respeot to other 2 persons owning taxable real estate within the boundaries of the Cumberland Valley School District); and b. Defendant seeks to impose an increased real estate tax assessment on Plaintiff and ita real estate (while leaving other persons owning taxable real estate within the geographJ.cal boundaries of the Cumberland Valley School District unchallenged); and c. Defendant School District seeks to impose an improper "spot assessment" upon Pla.intiff and its real estate, which would be non-uniform vis-a-vis the unchanged assessments of other persons owning taxable real estate within the Cumberland Valley School District whosr1 "base year" assessment valuations are Elnd have been established by the Assessment Office of Cumberland County. 8. Defendant's singling out of Plaintiff and its real estate for this non-uniform and Unequal treatment Was purposeful and uniquely intentional with respect to Plaintiff. 9. Plaintiff has no adequate remedy at law for the redress to which it is entitled. WHEREFORE, Plaintiff Silver Spring Commons Holdings Inc. requests this Hcnorable Court to order and decree as follows I a. That Defendant Cumberland Valley School District discontinue, cease and desist in its pursuit of the above- m3ntioned administrative assessment appeal and all other oonduct arising therefrom with respect to Plaintiff and its identified real estate; and 3 U1 '0 0 ~ c;s> z :S 0 z ~ ,: ~ I;; :(, ~ .:J ~ > 0 ~ ~ 2 w .u I- ~) I/) ;; 0 ~ I ~ ~ Z u ~ Z ~ ~ z (j 0 ~ ~ ~ , ~ ~ 0: " ~ ;.J 0 . <: ~ tJ , < ~ ~ ,N TIlE OOIlRT ,,, COMMON I'L",S 0' CIIM....~NO COIIN"V, ,"NNSYLVAN'A C\VlI. DIVISION - EQlllTY SILVER S1'1\lNO COMMONS HOLDINGS, INC., plaintiff No, 98.2024 Equity v, CUMBERI..AND VALLEY SCHOOL DISTRICT, Dofondant 1'IlAEClPE 1"Qlt ENTRY OF APPEARANCE. TO THE PROTHONO'1'ARY: plea80 enter our appearance on behalf of the Plaintiff, Sliver Spring Common8 Holdings, Inc. In thl8 ca80, ) )') .[.~..,,( /r. h, .J..i ".j loy R. Persun, E8q~ire Identification No, 10139 j, OUH~9tfif.~,iJ p. Daniel Altland, E8q~ire Identification No, 25438 Mette, Evans & Woodside 1',0, Bolt 5950 Harrisburg, PA 17110.0950 (717) 232-5000 Date: August 17, 1998 cc: Richard C, Snelbaker, Esquire Snelbaker, Brenneman & Spare, P.C, 44 We8t Main Street Mechanicsburg, PA 17055-0318 16:16961 ... ... " , ;' L r \; f,; i~ 0:') (') r,.: ~-;I. i')(1Jt; q)L!. ~."" ..' 7.':C (fJ.):, i::;{h ,::Iii:: -... ~.z:() t-I~(l-) ~c ~i =< ~ ,;, 1\ C:.::J /'''~ '-:1 f',.;l C.Jl " " , ~ ,,,-' I -',' v.) " ;,,\i,S, ,:" ~':7. .~ !, SIINER SPRING COMMONS HOLDINGS, INC" Plaintiff IN THE COURT OF' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CUMBERLAND VALLEY SCHOOL: DISTRICT, CIVIL ACTION - LA\~ Defendant 98-2024 CIVIL TERM ORDER OF' CQ1!RI AND NOW, this 30th day of October, 2001, in the case of Silver Spring Commons Holdings, Inc" versus Cumberland Valley School District at No, 98-2024 Civil Term, and it appearing that a joint t'equest has been made that the case be stricken from the purge list, the case is stricken from the purge list and shall remain act.ivo. By the Court, LloydR. Persun, Esquire P. Daniel Altland, Esquire 3401N. Front St. Harrisburg, PA 17110 For the Plaintiff J!t~' -c2 ~ey O~ ,Jr., J. L~,~;;:n7;/ Cumberland Valley School District, Defendant Pro Se ~746 Carlisle Pike Mechanicsburg, PA 17055 pcb C) C) c' f:;; --j"t ,,(;, -~ ,;3 CL1(!'i . - 1-:1'] f!:'i;J' ['-:- ~~-! ~-~ lD 'I.ri ,', '.1" r::C'J ,,(;I :;"c "'0 I~:JI to,. ) ::,:: :J.!l .1...C' '-"() J,'; "I c ~> ".'rn -- " l.l ~ 0 ~M (1'1 ~ J