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Home My WebLink About99-06908v .3 Ci d CT REHABILITATION L.P., Appellant V. CUMBERLAND COUNTY BOARD OF ASSESSMENT, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6908 CIVIL TERM ORDER AND NOW, this 7 J day of June, 2000, the hearing to be held on the appeal scheduled June 30, 2000 at 9:30 a.m. in Courtroom 5 of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, shall be and is hereby continued to August 16, 2000 at 8:30 a.m. BY THE Edward E. Guido, J. 42-? p x,-7-00 n ICS Le SFr ?a r MARTSOLF & BRATTON 2515 North Front Street P. O. Box 12106 Harrisburg, PA 17108-2106 Telephone: (717) 236-4241 Fax: (717) 233-5791 The Honorable Edward E. Guido CUMBERLAND COUNTY COURTHOUSE One Courthouse Square Carlisle, PA 17013 ATTENTION: SANDY Date: June 5, 2000 Re: CT Rehabilitation L.P. Assessment Appeal File No. 950008 Enclosed is the new proposed order for the hearing in the above-referenced matter. Thanks to you and to Judge Guido for your consideration. Nancy Enclosure cc: Mark X. DiSanto, Esquire (via telecopy) Edwin C. Angstadt, Jr., Esquire (via telecopy) Stephen D. Tiley, Esquire (via telecopy) Steven P. Miner, Esquire (via telecopy) COPY CT REHABILITATION L.P., Appellant V. CUMBERLAND COUNTY BOARD OF ASSESSMENT, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6908 CIVIL TERM ORDER AND NOW, this ? `k day of June, 2000, the hearing to be held on the appeal scheduled June 30, 2000 at 9:30 a.m. in Courtroom 5 of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, shall be and is hereby continued to August 16, 2000 at 8:30 a.m. BY THE Edward E. Guido, J. Al '-1 i'?? '.?.!. _ T•.-V ?I n. _. ?,. .?. '?9 \? / v ... a', r 4 May 9, 2000 VIA FAX - 240-6462 The Honorable Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA I70I3-3387 Re: CT Rehabilitation v. Cumberland County Board of Assessment Cumberland County C.C.P. 99-6908 Civil Tern Dear Judge Guido: 3211 North Front Strect 1:0. Box 5300 1 larrisburg, PA 17110-0300 717.238-8187 Fax: 717-234-9-178 0(herofneec Colonial Fart, 717.652-7020 Mechanic.,burg 717.691-5177 Shippensburg 717-530-7515 I am in receipt of Mr. Martsoirs letter as well as that of Mr. Angstadt. I also do not wish to object to the further postponement until after July 18, 2000 to accommodate other counsel's summer plans. Very truly yours, METZGER WICKERSHAM KNAUSS & ERB, P.C. Stevdn P. Miner SPM:ns cc: Edwin C. Angstadt, Jr. F. R. Martsolf, Esq. Stephen D. Tiley, Esq. Joanne D. Sommer, Solicitor Raymond E. Rhodes, Manager. Lower Allen Township Oncumenf h: 155102.1 Robert E. Yetter Jams r. Carl Edward E. Knauss, IV' Jewd I-. I I(wk Karl R.I lildabranda Steven R Miner Clark DeVere E Ralph Godfrey Steven C. Courtney I leather L.I larbaugh Franckl. Lifferty, IV I4ur.l Grlifiedin civil f ,dlen•anJ...hwacy be Ov Knli.. tal ILmd , rNdAhwary 03'.09/00 16:16 % May 9, 2000 $717 2n4 9478 SSStKfiE nBG. PA VIA FAX - 240-6462 The Honorable Edward F. Courthouse Cumberland County one courthouse Square Carlisle, PA 17013-3387 Re• CT Rehabilitation v. Cumberland County Board of Assessment Cumberland County C.C.P. 99-6908 Civil Tenu 1Q 002 3211 North Front Street P.O.BOY5100 Harrisburg. PA 17110-0300 717-278.8187 Fax: 717-234.9478 nth OO' s Colonial Park 717.652.7020 Mechanlcaburg 717-691.5577 5hippmuburg 717.530.7515 Dear Judge Guido: receipt of MartsolPS letter as well as that of Mr. Angstadt. I also do not wish to Mr. 1 ect in receipt further postponement until after July 18, 2000 to accommodate other counsel's objam sunnner plans. Very truly yours, METZGER WICI4ERSHAM KNAUSS & ERR, P.C. Dq5?? Stcv n P. Miner SPM:ns Edwin C- Angstadt, Jr. cc: F. R. MartSnlf, Esq. Stephen D. Tiley, Esq. Joanne D. Sommer, Solicitor Raymond F. Rhodes, Manager, Robert L•. Wel er Lower Allen Township Jamui F. Carl •• Edward E. YuiA o. n Jesod L. Hock Karl R. I tildabnnd• St2 ,n P. MnKr Clark UeVeru E. Ralph Godfrey Document e: 175102.1 Steoen C. Courficy Heather L Harbaugh Francs T. Lafferty,N • a.w,d CatTied in Civil trial law and Cdnwary by the National amrd afrrwl Adw>rv.y 05/00/00 16:16 •r ^0 717 234 0478 31WHRE HBG. PA FACSTWLET'R.ANS TTALSHEET DATE: 5/61 Ud/• f c c.L i j 0 TO: NAME: . COMPANYM M: .: y FAX NO.: ?, ?k Cn a FROM: RE: NO. OF PAGES (INCLUDINGTHIS PAGE): 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-M 717-2388187 Fax: 717.234-9478 Colonial Park 717-652-7070 mmhanimburg 717-691.5577 Shippertsburg 117.530-7515 SEND ERCOMMENfS: CONFIDl24[L'Iny NOTE 'V and c.anDt from dlu3oswe undcraoal'ahl law. if drc tcadoo[aw mrsssBe u drat are mrrnxa rsrpaav P*r..?.......,? ..,..._-- mhWtal dldrlbrmon or copying of ddh axnrmmlcmao is strictly prohlbbcd. U you hers mo:lvw dais sonmumlodoo br mar. pk> Imacdiarly by¢kplvme al(717)23&&197. rod rmmr ddo odl;kul m=4p m w as de ubow addrnavU ft US. PwW Savlm lbank yom )amm F. Carl Edward E. Knauss, N• Jered L Hoek Karl R. tWdabmd• Steven P. Mim Clark U:Vcre E. Ralph Godfrey Steven C. Courtsw Heather L Harbaugh Francis 1. Lafferty, IV David H. Martineau Andre W NoAket Steven C. Skoff • gwuJ r rrfffkd ar dol . Whi LmandndNrmly by the Nnf4vnl rlmrd afitiaf Adr OWN MAY-0B-00 12=07 PM FREY & TILEY ATTORNEYS-AT-LAW S SOUTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013-3385 Telephone: (717) 243-5838 Facsimile: (717) 243-6441 Of Counsel: ROBERT Nt. FREY .............. STEPHEN D. TILEY ROBERT G. FREY FACSIMILE TRANSMITTAL MEMORANDUM TO: Judee Guido FAX: 240-6462 Steen D. Tilev DATE: May 8.2000 RE: Appeal of CT Rehabilitation We are transmitting a total of I pages to you, including this cover page. Please advise if the copy quality is not adequate. Dear Judge Guido: I concur with rescheduling the June 30th hearing date to a day convenient to Your Honor, and the parties. Sincerely yours, Stephen D, Tiley P.01 SDT/cam cc: F.R. Martsolf, Esquire (regular mail) Edwin C. Angstadt, Jr., Esquire (regular mail) LAW OFFICES EASTBURN AND GRAY, P.C. 60 EAST COURT STREET P.O. Box 1389 DOYLESTOWN, PA 1890111137 213.345.7000 FAX: 215.345-9142 NEW JERSEY OFFICE 22 NORTH MAIN STREET LA,MBERTVILLE. NJ 08530 609-397-8880 FAX: 609.397-2865 EDWIN C. ANGST MF. JR. E-SIAIL: EIWGST'ADT@EAS'1'BURNGRAY.COkf ARTI IUR Af. F.ASTBURN 1911.1971 CHARLES M. SIARSUALL 1964.1977 FRANK N. GALL %GIIER THOMAS F. J. MAC MIFF EDWIN C. ANGSTADT, JR. DEREK]. REID-+ ERIC R. TOBIN D. RODAIAN EASTBURN JOHN N. SCHAEFFER, III DAVID L MARSHALL, GRACE Ai. DEON' WILLIAM If. EASTBURN, III CHARLES If. DoRSErr JR. JOBN A VAN LUVANEE JAY If. KIRSCH KENNETH R. WILLIAMS JOANNE D. SOMMER JEFFREY I.. FINLEY JANE E LEOPOLD-LEVEFITRAL G. MICHAEL CARR' RETIRED SA.\fUEL S. GRAY, JR. ARTIIUR 1L EASTBURN, JR. 'ALSO ADAIDTED IN NEW JERSEY '-NfMAGING SIIAREI IOLDER.YEN' JERSEY May 5, 2000 Via Fax and Mail The Honorable Edward E. Guido CUMBERLAND COUNTY COURT HOUSE One Court House Square Carlisle, Pa. 17013-3387 Re: CT Rehabilitation vs. Cumberland County Board of Assessment Docket No. 99-6906 Civil Term Dear Judge Guido: I am in receipt of Martsolf's letter to you dated May 4, 2000. I appreciate the courtesy extended by your Honor despite Mr. Martsolf's difficult position of having to object to my request. On behalf of West Shore School District I am willing to agree to a further postponement until after July 18, 2000 in order to accommodate Mr. DiSanto and Mr. Martsolf's respective schedules. 1 The Honorable Edward E. Guido Page 2 May 5, 2000 Under the circumstances I believe all parties' respective vacation plans can best be honored and coordinated by a rescheduling until Mr. Martsolf's return to the office on or about July 18. Thank you for your courtesies extended. Very truly yours, Fdu&?,Cl Edwin C. Angstadt, J ECAjr:jev U CC: X F. R.. Martsolf, Esquire via fax and mail Stephen D. Tiley, Esquire via fax and mail X Steven P. Miner, Esquire via fax and mail Joanne D. Sommer, Esquire Joan Anderson, West Shore I.A W nFFICF.S EASTBURN AND GRAY, P.C. 60 EAST COURT STREET ARTHUR M. EASTBURN 1911.1971 P.O. BOX 1389 DOYLESTOWN. PA 13901-0137 CHARLES M. MARSHALL 196x-1977 215.343.7000 FRANK N. GALLAGHER WILLIAM H. EASTBURN, III FAX: 213.345.9142 THOMAS F.1. M.eANIFF CHARLES H. DoR8F.Tf.1R. EDWIN C. ANGSTADT, JR. JOHN A. VAN LUVANEE DEREK J. REID'. JAY H. KARSCH NEW JERSEY OFFICE ERIC R. TOBIN D. RODMAN EASTBURN KENNETH R. WILLIAMS JOANNE. D. SOMMER 22 NORTH MAIN STREET JOHN N. SCHAEFFER, III JEFFREY L FINLEY LAMBERTVILIE. NJ 08530 DAVID L MARSHALL JANE E. LEOPOLD-LEVENTHAL 609.397.8880 GRACE M. DEON' G.MICIJAELCARR' FAX: 609.397.2865 EDWIN C. ANGSTAOT JR. E -MAIL' EANGSTADTigEASTBIIRNGRAY.COM RETIRED SAMUEL S. GRAY, JR. ARTHUR M. EASTHURN.IR 'Al. APMG7FD N NM 19R58Y •-W NAOWO S11AR4110D)pl NEW IEKSFY May 5, 2000 Via Fax and Mail The Honorable Edward E. Guido CUMBERLAND COUNTY COURT HOUSE One Court House Square Carlisle, Pa. 17013-3387 Re: CT Rehabilitation vs. Cumberland County Board of Assessment Docket No. 99-6908 Civil Term Dear Judge Guido: I am in receipt of Mr. Martsolf's letter to you dated May 9, 2000. I appreciate the courtesy extended by your Honor despite Mr. Martsolf's difficult position of having to object to my request. On behalf of West Shore School District I am willing to agree to a further postponement until after July 18, 2000 in order to accommodate Mr. DiSanto and Mr. Martsolf's respective schedules. C /9 K:E9E9nz -ON1011no \IF{V : {SdOE:Z : 0 -c _c ; $ At210 ,\N?91SF7:A9 1\93 WW The Honorable Edward E. Guido Page 2 May 5, 2000 Under the circumstances I believe all parties' respective vacation plans can best be honored and coordinated by a rescheduling until Mr. Martsolf's return to the office on or about July 18. Thank you for your courtesies extended. Very truly yours, Edwin C. Angstadt, Jr. ECAjr:jev CC: F. R. Martsolf, Esquire via fax and mail Stephen D. Tiley, Esquire via fax and mail Steven P. Miner, Esquire via fax and mail Joanne D. Sommer, Esquire Joan Anderson, West Shore E /E r:ZD690t7 (1-11 nu \'IVK Kd06:Z 0 -S -S : A1'8D IR NS'I915Q:A9 LOS M^ i EASTB[TRNAND GRAY 80 EST COUNT !STREET DOYLESTOWN, PA. 18001 215-345-7000 14`AX 215.'45.9142 FAX COVER SHEET THIS COVER SHEET IS PAGE 1 OF 3 PAGES PLEASE DISTRIBUTE TO: JUDGE GUIDO FROM: EDWIN C. ANGSTADT, JR. RE: CT REHABILITATION VS. CUMBERLAND COUNTY FAX: 1-717-240-6462 IF YOU DO NOT RECEIVE THE NUMBER OF PAGES LISTED ABOVE, PLEASE CALL US IMMEDIATELY SO WE CAN RESEND. THE INFORMATION CONTAINED IN THIS FACSYMII.E MESSAGE I8 A7'1'ORNEYPRIVII,EGEDANDCONMENTIALINFORMA77ONINTE DED ONLY FOR THE USE OFTIIE INDIVIDUAL ORENTITYNARLEDABOVI:. IF THE READER OF THIS MESSAGE IN NOT THE INTENDED RECIPWI.NT, YOUARE HEREBYNOTIFIED TUVrANYDISSRHUNATION,DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PR.OHIBITEI). DATE: May 5, 2000 0 /I »:Z9690tZ -9NIG11no NIVN : KdU:Z : o -s -s : At21J .\?f191St3:A9 L\9S Martsolf F6 Bratton ATTORNEYS AND COUNSELORS AT LAW 2515 NORTH FRONT STREET /,I t'v P-0. BOX 12106 TELEPHO E HARRISBURG, PENNSYLVANIA 171062106 (717) 230-4241 F.R. MARTSOLF BRUCE F. BRATTON TELECOPIER (717) 233-5701 May 4, 2000 FILE NO. 950008 The Honorable Edward E. Guido CUMBERLAND COUNTY COURTHOUSE One Courthouse Square Carlisle, PA 17013 Re: CT Rehabilitation L.P. v. Cumberland County Board of Assessment Docket No. 99-6908 Civil Term Dear Judge Guido: By Your Order dated April 28, 2000, Your Honor granted a request by Mr. Angstadt to postpone the hearing which had been scheduled for May 24. While I realize that your Order included a provision that no further continuances would be granted, I must request that the matter be rescheduled from the June 30 date set by Your Honor's most recent order. The reasons are several. First, Mark DiSanto, a principal partner in CT Rehabilitation L.P., the Appellant/ landowner, has long been scheduled to be on a family vacation with his wife and children during that week. I, too, am scheduled to leave with my family for vacation on June 29. It would be acceptable, I believe, to move the scheduled hearing date in advance one week so that Mr. DiSanto and I would both be available. (As Your Honor is probably already aware, my partner has been nominated by the Governor to the Bench in Dauphin County and we are not certain at this point as to his availability to appear on behalf of our client if I am out of town.) I am providing copies of this letter simultaneously, via fax, to the other attorneys involved in this litigation. We will do everything possible to assist in coordination of schedules to try to assist in arriving at a mutually acceptable date. I am sorry to be forced to make this request but vacation schedules and plans have been made for quite some time and cannot be readily changed. w The Honorable Edward E. Guido May 4, 2000 Page 2 I will be returning to the office on or about July 18, 2000 in the event the hearing is to be postponed. F1. FRM/ner CC: Mark X. DiSanto, Esquire (via telecopy) Stephen D. Tiley, Esquire (via telecopy) Steven P. Miner, Esquire (via telecopy) Edwin C. Angstadt, Jr., Esquire (via telecopy) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION--LAW IN RE: APPEAL OF CT REHABILITATION, L. P. NO. 1999-6908 From the Order of the Cumberland County Board of Assessment Appeals Tax Parcel Nos. 13-25-0008-01 Municipality: Lower Allen Township TAX ASSESSMENT APPEAL ORDER day of April, 2000, the hearing AND NOW, this Ft-4- to be held on the appeal scheduled for May 29, 2000 at 10:00 a.m. in Court Room No. 5 of the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania, shall be and is AZ'CIAY, hereby continued to the 3 y _tA day of Uu at 9:36 o'clock q M. NO FURTHER CONTINUANCE WILL BE GRANTED. Edwin Angstadt, Jr., Esq F.R. Martsolf, Esq. Steven P. Miner, Esq. Stephen D. Tiley, Esq. BY THE RT Edward E. Guido / J. P ?? Yi ?I ......... _...t3q -?.. MAY - 1 2000 Martsolf 15 Bratton ATTORNEYS AND COUNSELORS AT LAW 261$ NORTH FRONT STREET TELEPHONE P.O. Box 12106 (717) 236.4241 F R MARTSOLF HARRISBURG, PENNSYLVANIA 17108.2106 . . T ELECOPIER BRUCE F. BRATTON (717) 233-6781 April 28, 2000 FILE NO. 950008 The Honorable Edward E. Guido CUMBERLAND COUNTY COURTHOUSE One Courthouse Square Carlisle, PA 17013 Re: CT Rehabilitation L.P. v. Cumberland County Board of Assessment Docket No. 99-6908 Civil Term Dear Judge Guido: I represent CT Rehabilitation L.P., the Appellant in the proceedings referenced above. I am in receipt of Mr. Angstadt's April 24 correspondence requesting rescheduling of the hearing set May 24, 2000. My client is opposed to a continuance of this matter. It has already paid in excess of $40,000.00 of disputed taxes "under protest" and, should the matter not be amicably resolved, my client will again face payment of the 2000-2001 school real estate taxes based upon the existing assessment and "under protest" much to its financial detriment. The within action was filed November 16, 1999 and I submit that all parties have had ample opportunity to prepare for the hearing on May 24. Thank you for your attention to this matter l FRM/ner CC: Mark X. DiSanto, Esquire Stephen D. Tiley, Esquire !:Steven P. Miner, Esquire Edwin C. Angstadt, Jr., Esquire L, V ? f J LAW OFFICES EASTBURN AND GRAY, P.C. 60 EAST COURT STREET P.O. BOX 1389 DOYLESTOWN, PA 18901-0137 215.345.7000 FAX: 215.345.9142 NEW JERSEY OFFICE 22 NORTH MAIN STREET L1.MBERTVILLE, NJ 08530 609-397.8880 FAX: 609-397.2865 EDWIN C. ANGSTADT, JR. E-MAIL: EANGSTADT®EASTOURNGRAY.COM April 24, 2000 FAXED AND MAILED 1-717-240-6462 The Honorable Edward E. Guido CUMBERLAND COUNTY COURT HOUSE One Court House Square Carlisle, Pa. 17013-3387 Re: CT Rehabilitation vs. Cumberland County Board of Assessment Docket No. 99-6908 Civil Term Dear Judge Guido: I represent West Shore School District in the above matter. This matter is scheduled for hearing on May 24, 2000. I will be out of the country from approximately May 15 until the middle of June celebrating my and my wife's wedding anniversary and would request that this matter be rescheduled. In addition to being out of the country, the appraiser I selected, Steve Barrett, was objected to by Mr. Marsolf. I have now contacted another appraiser and am waiting to hear from him. For these reasons I would request a continuance of the May 24 hearing. ARTHUR A1. EA9113URN 1911.1971 CHARLES %I. MARSHALL 1964.1977 FRANK N. GALLAGHER THOMAS F. J. %facANIFF EDWIN C. ANGSTADT, JR. DEREK J. REID•+ ERIC R. TOBIN D. RODMAN EASTBURN JOI IN N. SCI IAEFFER, III DAVID L MARSHALL GRACE \1. DEON- WILLIAM H. EASTDURN, III CHARLES 11. DORSETT, JR. JOI IN A. VAN LUVANEF. JAY 11. KARSCH KENNETH R. WILLIAMS JOANNE D. SOMAIER JEFFREY I. FINLEY JANE E. LEOPOLD-LEVENTHAL G. MICHAEL CARR• RETIRED SAAIUELS. GRAY, JR. ARTHUR \I. EASTBURN, JR. •AMADMDTED IN NEW JERSEY ••MANAGING SIIAREIIOI.DER-NEW JERSEY i •r The Honorable Edward E. Guido Page 2 of 2 April 24, 2000 I have contacted all counsel and they are in agreement except for Mr. Martsolf, the attorney for the Plaintiff, who has just recently advised that after conferring with his client cannot agree to my request. I enclose the original of a proposed Order for your convenience and appreciate your attention to this matter. Ver my yours, Edwin C. Angstadt, Jr. ECAjr:jev Enclosures CC: F. R. Martsolf, Esquire Stephen D. Tiley, Esquire Steven P. Miner, Esquire Joanne D. Sommer, Esquire Joan Anderson, West Shore SENT BY:EaSTBURN & GRAY : 4-25- 0 :11:58A11 : iNIAIN BU ILDIi\'G, EAWrBURNAND GRAN 60 r]wr c0tf f !5'iluTF.T DOYLESTOWN, PA. 18901 215-343-7000 FAX 215.2345.9142 FAX COVER. SFIEET THIS COVER SHEET IS PAGE 1 OF 4 PAGES PLEASE DISTRIBUTE TO: JUDGE GUIDO FROM: EDWIN C. ANGSfADT, JR. RE: CT REHABILITATION VS. CUMBERLAND COUNTY FAX: 1-717-240-6462 IF YOU DO NOT RECEIVE THE NUMBER OF PAGES LISTED ABOVE, PLEASE CALL US IMMEDIATELY SO WE CAN RESEND. 2406462:: I/ 4 '1711: INFORMATION CONTAINED IN THIS FACSINUME A3USSAGF i8 ATTORNEYPRIVILEGEDANDCONFIDENTIALEV"YIMATIONINTI LANDED ONLYFOR THE USE OF THE INDIVIDUAL OR P.N'lTrYNAMEDABOVE. IF THE READER Olbl,ru is MESSAGE IS NOT THE INTENDED RIMCI P'l UNT, YOIIAILEHERR YNOTLVIEDTHATANYDiRSE IN&TION,DIBTIIIBUTION OIL COPYING OF THIS COMMUNICATION IS STIII<.TI.Y PROTTIDITED. DATE: AprlI 25.2000 SE\I' BY:E.ASTBUW4 & GRAY t LAW OFFICKS : 4-25- 0 :11:58:111 : PASTBURN AND GRAY, P.C. 60 EAST COURT STREET P.O. BOX 13 89 DOYLESTOWN,PA 19901-0117 213.345.7000 FAX: 213-343-9142 NEW JERSEY OFFICE 22 NORTH MAIN s'1'REET L MnERTVILLE. N1 0R530 609.397•11880 FAY: 609-397-2863 EDWIN C. ANOSTADT, JR. E-MAIL: EA.V0STADT®EASTHURNGRAY.COM MAIN BUILDING- ARTI]UR M. EASTBIJR.Y 1911.1971 CHARLES M. MARSHALL 19641'177 FRANK N. GALLAGHER THOMAS F.1. MacANIFF EDWIN C. ANGSTADT, JR. DEREK I. REID•+ ERIC R TOBIN D. RODMAN EAMURN JOHN N. SCHAEFFER, 111 DAVID L MARSHALL GRACE M. DEON• 240646241 2/ 4 WILLIAM H. EASTOURN, 111 CHARLES H. DORSETT. JR. JO11N A VAN LUVANEE JAY H. KARSCH KENNETH R. WILLIAMS JOANNE D. SOMMER JEF'F'REY L FINLEY JANE E. LEOPOLD-LEVENTHAL U. MICHAF.LCARR- RETIRED SAMUEL S. LIRAY, 38. AK'1'HIIK M. kASTDURN,JR. :ALSO ADMII'1lD,N NEW JERSEY •OMANA0010 EHAREHOLDERd1FW ;FR SPY April 24, 2000 FAXED AND MAILED 1-717-240-6462 The Honorable Edward E. Guido CUMBEF:LAND COUNTY COURT HOUSE One Court House Square Carlisle, Pa. 17013-3387 Re: CT Rehabilitation vs. Cumberland County Board of Assessment DockeL No. 99-6908 Civil Term Dear Judge Guido: I represent West Shore School District in the above matter. This matter is scheduled for hearing on May 24, 2000. I will be out of the country from approximately May 15 until the middle of June celebrating my and my wife's wedding anniversary and would request that this matter be rescheduled. In addition to being out of the country, the appraiser I selected, Steve Barrett, was objected to by Mr. Marsolf. I have now contacted another appraiser and am waiting to hear from him. For these reasons I would request a continuance of the May 24 hearing. SE:\I' BY:EASTBUR\ & GRAY 4-25- 0 :11:53ANLi MAIN BUILDING- 2406462;# 3/ 4 r The Honorable Edward E. Guido Page 2 of 2 April 24, 2000 I have contacted all counsel and they are in agreement except for Mr. MartSOlf, the attorney for the Plaintiff, who has just recently advised that after conferring with his client cannot agree to my request. I enclose the original of a proposcd Order for your convenience and appreciate your attention to this matter. Very?tTuly yours, n C. Angstadt, Jr. ECAjr:jev Enclosures CC: F. R. Martsolf, Esquire Stephen D. Tiley, Esquire Steven P. Miner, Esquire Joanne D. Sommer, Esquire Joan Anderson, West Shore n. SE\1' BY: 4-25- 0 :12:00PM : MAIN BUILDING 2406462:2 4/ 4 & GRAY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION--LAW IN RE: APPEAL OF CT REHABILITATION, L. P. From the Order of the Cumberland County Board of Assessment Appeals Tax Parcel Nos. 13-25-0000-01 Municipality: Lower Allen Township NO. 1999-690£3 TAX ASSESSMENT APPEAL O R D E R AND NOW, this day of April, 2000, the hearing to be held on the appeal scheduled for May 24, 2000 at 10:00 a.m. in Court Room No. 5 of the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania, shall be and is hereby continued to the day oL at o'clock M. BY THE COURT: Edward E. Guido J. CT REHABILITATION L.P., Appellant V. CUMBERLAND COUNTY BOARD OF ASSESSMENT, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6908 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that I today served a true and correct copy of the Order entered March 14, 2000 rescheduling the hearing in the above-referenced matter to May 24, 2000 at 10:00 a.m., via fax and by placing the same in the U.S. mail, postage prepaid, addressed to: Fax (717) 243-6441 Stephen D. Tiley, Esquire FREY 6, TILEY 5 South Hanover Street Carlisle, PA 17013-3385 Fax (717) 234-9478 Steven P. Miner, Esquire METZGER, WICKERSHAM, KNAUSS & ERB 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 Fax (215) 345-9142 Date Edwin C. Angstadt, Jr., Esquire EASTBURN & GRAY P.C. 60 East Court Street P. O. Box 1389\ DoylestoKm,,,_PA /18901-4350 F. R. Martsoit, Esquire ?:, ?. ,. ; t _' j MAR 9 - 2000 CT REHABILITATION L.P., Appellant V. CUMBERLAND COUNTY BOARD OF ASSESSMENT, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6908 CIVIL TERM ORDER AND NOW, this zemday of March, 2000, the hearing to be held on the appeal scheduled March 20, 2000 at 8:30 a.m. in Courtroom 5 of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, shall be and is hereby continued to the a`/t4 day of May, 2000 at /Q • 01) o'clock A . m. wEd?vasdA y ri-L-t,/0 Y OE ;v.. n-u":?;JTP3Y pq I?p,? I `i h i S 35 P,v-WSVL`ANiA Y \ R ' F.R. MARTSOLF BRUCE F. DRATTON Martsolf F6 Bratton ATTORNEYS AND COUNSELORS AT LAW 2515 NORTH FRONT STREET TELEPHONE P.O. BOX 12106 (717) 230-4241 HARRISBURG. PENNSYLVANIA 17106-2106 TELECOPIER (717) 233-5701 March 8, 2000 FILE NO. 950008 The Honorable Edward E. Guido CUMBERLAND COUNTY COURTHOUSE One Courthouse Square Carlisle, PA 17013 Re: CT Rehabilitation L.P. v. Cumberland County Board of Assessment Docket No. 99-6908 Civil Term Dear Judge Guido: Our firm represents CT Rehabilitation L.P., a Pennsylvania limited partnership, Appellant in the above-referenced proceeding. The case involves an appeal from a determination by the Cumberland County Board of Assessment of November 3, 1999 on property located in Lower Allen Township, Cumberland County. By Order of December 14, 1999, a hearing on this matter was scheduled at 8:30 a.m. on March 20, 2000. At this point, it appears that the parties will be unable to resolve amicably the valuation of the property at issue. Therefore, additional time is necessary to secure written appraisals of the property for use at the hearing. Therefore, I would respectfully request that hearing on this matter be continued for a period of 60 days. I have discussed this request with counsel for the county, township and school district and they, on behalf of their respective clients, do not oppose this request. I have taken the liberty of preparing a proposed order. Please contact me should you FRM/ner I Enclosure CC: Mark X. DiSanto, Esquire (w/enc.) Stephen D. Tiley, Esquire (w/enc.) Steven P. Miner, Esquire (w/enc.) Joanne D. Sommer, Esquire (w/enc.) Edwin C. Angstadt, Jr., Esquire (w/enc questions or concerns. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION --LAW IN RE: APPEAL OF CT REHABILITATION. L.P. : From the Order of the Cumberland County Board of Assessment Appeals Tar: Parcel Nos. 13-25-0008.01 NO. 1999-6908 TAX ASSESSMENT APPEAL. PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Robert E. Yetter, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C. on bchalfof Lower Allen Township as Intervenor in the above-captioned matter. METZGER. WICKERSI LAM, KNAUSS & ERB, P.C. By Rpert E. Yeller. Esquire Attorney I.D. No. 77052 P.O. Box 5300 llarrisburg, PA 17110-0300 (717) 238-8187 Dated: 1 /w Solicitor for Lower Allen Township A? ?y f 7') 1j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION --LAW IN RE: APPEAL OF CT REHABILITATION. L.P. From the Order of the Cumberland County Board of Assessment Appeals Tax Parcel Nos. 13-25-0008-01 Municipality: Lower Allen Township NO. 1999-6908 TAX ASSESSMENT APPEAL NOTICE OF INTERVENTION TO THE PROTHONOTARY: Kindly note the intervention of Lower Allen "Township in the above captioned matter. METZGER. WICKERSI IAM, KNAUSS R ERB, P.C. Robert E. Yetter I)ncwnenf #: 1664233 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - -LAW IN RE:APPEAL OF CT REHABILfI'ATION, L.P.: NO. 1999-6908 From the Order of the Cumberland County Board of Assessment Appeals Tax Parcel Nos. 13-25-0008-01 Municipality: Lower Allen Township TAN ASSESSMENT APPEAL AFFIDAVIT OF SERVICE ROBERT E. YETTER. ESQUIRE. of Metzger. Wickersham. Knauss & Erb, P.C., verifies that lie is the attorney for Lower Allen Township, the Intervenor in the foregoing action, and that he did cause to be mailed, by regular mail, a copy of the Notice of Intervention to the prothonotary and to the attorney for the appellant by letter dated. NIETZGER. W.ICKERSHAM. KNAUSS & ERB_. P.C. Robert E. Yetter. Esquire Attorney for Intervenor Lower Allen Township Uncmm•nt d: I664:3.l 3 C/\31 VVUI'I101l1CG1'i. PM; PENNSYLVANIA 18901 4M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION--LAW IN RE: APPEAL OF CT REHABILITATION, L. P. NO. 1999-6908 From the Order of the Cumberland County Board of Assessment Appeals Tax Parcel Nos. 13-25-0008-01 Municipality: Lower Allen Township TAX ASSESSMENT APPEAL AFFIDAVIT OF SERVICE EDWIN C. ANGSTADT, JR., ESQUIRE, verifies that he is the attorney for West Shore School District, the Intervenor in the foregoing action, and that he did cause to be mailed, by regular mail, a copy of the Notice of Intervention to the Prothonotary and to the attorney for the appellant by letter dated December 21, 1999. EASTBURRNN AND GRAY, P. C. '/r/L-L? (C- ) ?C Edwin C. Angstadt; Jr. Attorney for Intervenor West Shore School Distr LAW OFFICES EASTBURN AND GRAY, P.C. 60 FAST COURT STREE'E 11.0. BON 1359 DOYLESTOWN. PA I8901-0137 215.345.7000 FAX: 215.345.9142 NEW JERSEY OFFICE 22 NORTH MAIN STREET LAMBERTVILLE. NJ 05530 609-397-5550 FAX: 609.397-2565 F.DWIN C. ANGS'FAD'I'. 1R. E-MAIL: EANGSTADT'n'F.AS'FBURNGRAY.CO\I ARTHUR \I. EASTOURN 1911.1971 CHARLES M. MARSHALL 1964-1977 FRAM: N. GALLAGI IER TiIO\IAS F. J. MacANI FF EDWIN C. ANGSTADT. JR. DEREK I. REID` ERIC R. TOWN 1). RODMAN EASTBURN 1O11N N. SCHAEFFER. III DAVID L MARSHALL GRACE %1. DEONO WILLIAM If. EASTBURN. III CHARLES H. DORSETT. JR. JoB,, A. VAN LUVANEE JAY If. RARSCH KENNETH R. WILLIAMS JOANNE D. SOMMER JEFFREY L FINLEY JANE E. LEOPOLD-LEVENTHAL G. \IICIIAEL CARR• RETIRED SAMUEL S. GRAY. IR. ARTHUR M. E.\STBCRN, IR. 'ALSO AD\IITIED I-%,% E`A' JERSEY MANAGING SHAREHOLDER-NEW JERSEY December 21, 1999 PROTHONOTARY CUMBERLAND COUNTY COURT HOUSE One Court House Square Carlisle, Pa. 17013-3387 Re: Appeal of Ct Rehabilitation, L.P. From the Order of the Cumberland County Board of Assessment Appeals No. 1999-6908 Dear Sir: Enclosed please find Entry of Appearance and Notice of Intervention in the above captioned matter. Also enclosed is a copy of Affidavit of Service. Would you kindly file the original of record and return the copy to me, time-stamped to indicate filing, in the enclosed self-addressed envelope. c II?1 a FI tit By copy hereof, a copy of the enclosures are being served on all interested counsel, listed below. Very truly yours, Edwin C. Angstadt, Jr. ECAjr:jev Enclosures CC: Stephen D. Tiley, Esquire F. R. Martsolf, Esquire Robert E. Yetter, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION--LAw IN RE: APPEAL OF CT REHABILITATION, L. P. NO. 1999-6908 From the Order of the Cumberland County Board of Assessment Appeals Tax Parcel Nos. 13-25-0008-01 Municipality: Lower Allen Township TAX ASSESSMENT APPEAL NOTICE OF INTERVENTION TO THE PROTHONOTARY: Kindly note the intervention of West Shore School District as Appellee in the above captioned matter. 'l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION--LAW IN RE: APPEAL OF CT REHABILITATION, L. P NO. 1999-6908 From the Order of the Cumberland County Board of Assessment Appeals Tax Parcel Nos. 13-25-0008-01 Municipality: Lower Allen Township ENTRY OF APPEARANCE TO THE PROTHONOTARY: TAX ASSESSMENT APPEAL Kindly enter my appearance on behalf of West Shore School School District as Intervenor in the above captioned matter. i. By i Edwifi C. Angstadt; Jr. 60 East Court Street Doylestown, Pa. 18901 215-395-7000 IN THE COURT OF COMMON PLEAS OF CUNIBERLAND COUN'T'Y CIVILACTION --LAW IN RE:APPEAL OF CT RFHABILITA'IION. L.P.: NO. 1999-6908 From the Order of the Cumberland County S Board of Assessment Appeals c Tax Parcel Nos. 13-25-0008-01 TAX ASSESSMENT APPEAL r'+ r PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Steven P. Miner. Esquire, of Metzger. Wickersham, Knauss & Erb. P.C. on behalf of Lower Allen Township as Intervenor in the above-captioned matter. MET"'/_GL•R. WICKERSI TAM, KNAUSS & ERB, P.C. By Steven 1'. Miner. Esquire Attorney I.D. No. 38902 P.O. Box 5300 Harrisburg. PA 17110-0300 (717) 238-8187 Solicitor for Lower Allen Township Dated: March 13.2000 IN T I lE COURT OP COMMON PLEAS OI' CUMBERLAND COUNTY CIVIL ACTION -- LAW IN RE:APPEAL OF CT REFIABILTTATION, L.P.: NO. 1999-6908 From the Order of the Cumberland County Board of Assessment Appeals Tax Parcel Nos. 13-25-0008-01 Municipality: Lower Allen Township TAX ASSESSMENT APPEAL AFFIDAVIT OF SERVICE 1, Steven P. Miner, of Metzger, Wickersham. Knauss & Erb, P.C., verify that I am the Solicitor for Lower Allen Township. the Intervenor in the foregoing action, and that I did cause to be mailed, by regular mail, a copy of the Entry of Appearance to the following: F. R. Martsolf, Esquire Edwin C. Angstadt, Jr. 2515 North Front Street 60 East Court Street Harrisburg, PA 17110 Doylestown, PA 18901 Attorney for CT Rehabilitation Attorney for West Shore School District Stephen D. Tiley, Esquire 5 South Hanover Street Carlisle, PA 17013 Asst. Cumberland County Solicitor METZGER. WICKERSIIAbi. KNAUSS & ERB. P.C. By 2?. Steven P. Miner, Esquire Attorney for Intervenor Lower Allen Township Dated: March 1'). 2000. Document n: 166423 _i i i ?? ?i _" ,, -- ?. .? t! _ i L ? i r 1 f t , y CT REHABILITATION L.P., Appellant V. CUMBERLAND COUNTY BOARD OF ASSESSMENT, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1999-6908 ANSWER TO PETITION ON APPEAL FROM ASSESSED VALUATION OF REAL PROPERTY AND NOW, comes the Cumberland County Board of Assessment, by its attorney, Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor, and files this Answer, of which a following is a statement: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part denied in part. The averments of Petitioner's paragraph 4 are admitted except for the indicated fair market value which, using the current common level ratio for Cumberland County of 6.6 per cent, is $5,269,848. 5. Admitted. 6. Admitted. 7. Admitted, 8. Denied. The averments of Petitioner's paragraph 8 set forth conclusions of law to which no responsive pleading is required. 9. Denied. The averment of Petitioner's paragraph 9 sets forth a conclusion of law to which no responsive pleading is required. WHEREFORE, Appellee, Cumberland County Board of Assessment Appeals prays Your Honorable Court for an Order setting the total market value of the said premises at $6,520,500, or such other amount as to the Court may seem just and proper. DATED: November 24, 1999 Respectfully Submitted Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D. # 32318 VERIFICATION I, Gay O. McGeary, hereby verify that I am the Cumberland County Director of Finance and as such I am authorized to execute this Verification on behalf of the Cumberland County Board of Assessment Appeals; and that the facts set forth in the foregoing Answer to Petition on Appeal From Assessed Valuation of Real Property are true and correct to the best of my knowledge, information and belief. I further understand that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: November ,1999 ` @ , Gay O. cGeary Director of Finance CT REHABILITATION L.P., Appellant V. CUMBERLAND COUNTY BOARD OF ASSESSMENT, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6908 CERTIFICATE OF SERVICE I hereby certify that ( have this day served a copy of the foregoing Answer to Petition on Appeal from Assessed Valuation of Real Property upon the persons, and in the manner, indicated below, by depositing a copy of the same with the United States Post Office, first class mail, postage prepaid and addressed as follows: F.R. Martsolf, Esquire Attorney for Appellent 2515 N. Front St. Harrisburg, PA 17110 Robert E. Yetter, Esquire 3211 North Front Harrisburg, PA 17110 Joanne Sommer, Esquire Attorney for West Shore School District 60 E. Court Street P.O. Box 1389 Doylestown, PA 18901 DATED: November 24, 1999 -t9 Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D. # 32318 NOV 1.81994)2 CT REHABILITATION L.P., Appellant v. CUMBERLAND COUNTY BOARD OF ASSESSMENT, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORDER OF COURT day of i f/ ??CFir?OF? 1999, it is hereby AND NOW, s th !! ?j ORDERED that a hearing be held on the appeal filed in the above matter before the Honorable da of /ylPl/lrll }ggt3. at 3(? o' clock A.-M. ' on the oZ0 Y j.,_._-?- - ? 1006 of No the Cumberland County Courthouse, I? in Courtroom . i One Courthouse Square, Carlisl e, Pennsylvania. i! BY THE COU , t: 'I i! I i .;?- . -. ,, ;, . .... , ... r;; c.. ... "?J SBURO;. PENNBYWANIA}17108.21 CT REHABILITATION L.P., IN THE COURT OF COMMON PLEAS Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CUMBERLAND COUNTY BOARD OF NO. 9? G?%Ub C?cu F ?c ASSESSMENT, Appellee PETITION ON APPEAL FROM ASSESSED VALUATION OF REAL PROPERTY AND NOW comes Appellant CT Rehabilitation L.P. and, pursuant to 72 Pa. C.S.A. 5020-518.1, hereby appeals from the decision of the Board of Assessment docketed at Property No. 13-25.0008-01 dated November 3, 1999 applicable to property known as The Falls at Beacon Hill located in Lower Allen Township, Cumberland County, Pennsylvania. In support of this appeal, Appellant avers the following: 1. The Appellant is CT Rehabilitation L.P., a Pennsylvania limited partnership, having a place of business at 5351 Jaycee Avenue, Harrisburg, PA 17112. 2. Appellee is the Cumberland County Board of Assessment, having an office at One Courthouse Square, Carlisle, PA 17013. 3. Appellant is the owner of real property commonly known as The Falls at Beacon Hill located in Lower Allen Township, Cumberland County, Pennsylvania bearing Tax Map Identification No. 13-25-0008-01. 4. On or about February 16, 1999, Appellant filed a timely appeal with the Board of Assessment appealing an interim assessed value of $347,810.00 indicating an approximate fair market value of $5,114,852.00. 5. On or about April 15, 1999, the County Assessment Office established another assessment based upon additional completed dwelling units of $454,870.00 indicating an approximate fair market value of $6,891,970.00, which assessment was, by admission of the County, included in the original appeal filed by Appellant to the Board of Assessment. 6. A hearing on Appellant's appeal was scheduled April 21, 1999, continued to August 30, 1999, which hearing was adjourned to October 26, 1999, at which time the Board held a supplemental hearing. 7. On or about November 3, 1999, the Board of Assessment fixed the assessment of the aforesaid property at a total assessed value of $430,353.00 indicating an approximate fair market value of $6,520,500.00. A true and correct copy of the Board's notice of this action is attached hereto, made a part hereof and marked Exhibit "A". 8. The decision of the Board of Assessment was in error and an abuse of discretion for the following reasons: (a) The Board failed to properly and lawfully value the property as an apartment complex; (b) The assessment is based upon an erroneous determination of the fair market value of Appellant's property; 2 iI (c) When related to assessments of similarly situated properties, the assessment of the property of Appellant is arbitrary and capricious; (d) The Board failed to properly take into account the restrictive nature of use, sale and financing provisions affecting the property; (e) The assessment violates the uniformity clause of the Pennsylvania Constitution; (f) The assessment is based, in whole or in part, upon valuations that do not represent the actual value of Appellant's property; and (g) The assessment lacks uniformity, is discriminatory and is otherwise unjust and inequitable. 9. Appellant is aggrieved by the action of the Board of r!', Assessment. WHEREFORE, Appellant prays your Honorable Court to hear and determine this appeal and to make such changes in the aforesaid assessment as may be right and proper. Respectfully submitted, MARTSANort Date By Esquire D. No. 15859 nt Street p. 0. Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 Attorneys for Appellant 3 NOV-05-1999 1403 TRIPLE LROWN CONFUHH'1 IUN 1 'f l'l lb5'e b'fLy I1.L)1.U1 GAY O. MOGEARY DIRECTOR OF FINANCE Cumbertanb Ccu* -'inaticc 90c9;5Mcnt 01licc ONE COURTHOUSE SQUARE, CARLISLE. PA 17013 TELEPHONE (7171240-6350 November 3, 1999 CT Rehabilitation, LP 5351 Jaycee Avenue Harrisburg, PA 17112 Attn: Mr. Mark DiSanto Re: Tax Parcel 13-25-0008-001 Dear Mr. DiSanto: RANDY L. WAGGONER CHIEF ASSESSOR STEPHEN D. TILEY. ASSISTANT SOLICITOR As a result of the recently concluded appeal hearings, the Board of Assessment has issued the following order: Established market value at $94,500 per unit Any person aggrieved by the order of the Board of Assessment may appeal to the Court of Common Pleas by filing a petition in the Prothonotary's office on or before December 3, 1999. Sincerely, 10 rnv Gay O. McGeary Director of Finance /J n ey'Z11,61 -, TOTAL P.01 I, Mark X. DiSanto, state that I am of CT Rehabilitation L.P., Appellant herein, that I am authorized to make this Verification on its behalf and that the facts set forth in the foregoing pleading are true upon my personal knowledge, information and belief. I understand that my statements are made subject to 18 Pa. C.S. Section 4904 providing for criminal penalties for unsworn falsification to authorities. CT REHABILITATION L.P. Mark X. DiSanto Date dx Im COOpj 1dd LT:97 alit 66/CO/TT CERTIFICATE OF SERVICE I hereby certify that I today served a true and correct copy of the foregoing Petition, by placing the same in the U.S. mail, postage prepaid, addressed to: CUMBERLAND COUNTY BOARD OF ASSESSMENT 1 Courthouse Square Carlisle, PA 17013 Stephen D. Tiley, Esquire FREY & TILEY 5 South Hanover Street Carlisle, PA 17013-3385 7-1 Date 1 /6 /V F. R. M rtsolf, J ,? ? V CJ Q; ??„ '.n .n p 7 v i r.. -• i:? '- L•rr_ G>. -- C:. f'), r' L- ?. 1? ._. CJ c. ' - VA . 0+ ,SEP 1 3 2000/% CT REHABILITATION L.P., Appellant v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUMBERLAND COUNTY BOARD OF NO. 99-6908 CIVIL TERM ASSESSMENT, Appellee ORDER AND NOW, this /t? Wl day of ?, 2000, upon consideration of the within Stipulation and Joint Motion for Agreed Order, it is DECREED AND ORDERED that the total market value of the Property as of the date applicable to this proceeding is $5,520,000.00 and that a common level ratio of 6.60s should be used to fix the assessed value. The total assessment of the Property for all taxes levied after the change of assessment notices which resulted in this appeal were issued beginning in January of 1999 (including any interim taxes issued pursuant to those change of assessment notices) and ending with the fiscal year 2000/2001 school taxes, and until changed as provided by the year 2000 Cumberland County-wide reassessment, shall be $364,320.00. The Cumberland County Assessment Office shall allocate said total assessment between land and improvements, and the various units, as provided by law and by the procedures of the Cumberland County Assessment Office. The Cumberland County Assessment Office shall promptly notify the appropriate taxing bodies of the change in assessment. The taxing authorities shall issue appropriate refunds within forty-five (45) days of the date of this Order. BY TH COUR \ ?? OU ? , Edward E. Guido, J. ®I?fti?we _ P??l`;S` i Vf?A!La v I CT REHABILITATION L.P., Appellant V. CUMBERLAND COUNTY BOARD OF ASSESSMENT, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6908 CIVIL TERM STIPULATION AND JOINT MOTION FOR AGREED ORDER AND NOW, this J day of Z!- J , 2000, it is hereby agreed and stipulated between Petitioner CT Rehabilitation L.P., by its attorneys, Martsolf & Bratton; and Respondents Cumberland County Board of Assessment Appeals and Cumberland County, by their attorney, Stephen D. Tiley, Esquire; and Respondents West Shore School District, by its attorneys, Eastburn & Gray, P.C.; and Respondent Lower Allen Township, by its attorneys, Metzger, Wickersham, Knauss & Erb, P.C., as follows: 1. Petitioner filed a Petition on Appeal from Assessed Valuation of Real Property from the assessment fixed by the Cumberland County Board of Assessment Appeals by Petition filed on November 16, 1999 to which an Order fixing a date and place for a hearing was entered on December 14, 1999 originally setting a date of March 20, 2000 for the hearing. The hearing was rescheduled more than once, the last order being dated June 7, 2000 and fixing a hearing date of August 16, 2000. The parties have now settled this case. 2. The properties which are the subject of this appeal are Cumberland County Tax Parcel No. 13-25-0008-001 and are known as The Falls at Beacon Hill located in Lower Allen Township, Cumberland County, Pennsylvania ("Property"). 3. It is stipulated and agreed hereby that this Stipulation shall only affect assessments for periods ending on or before December 31, 2000. Cumberland County is currently in the process of finalizing county-wide reassessment valuations which will go into effect for tares levied January 1, 2001 and thereafter. Petitioner has filed a separate appeal for the reassessment valuation. This case shall remain outstanding until Petitioner has exhausted its informal and Board of Assessment appeals procedures. If Petitioner is still dissatisfied with its reassessment valuation, Petitioner may request that the Court set a hearing date for the reassessment year valuation applicable to tax years beginning on or after January 1, 2001. The hearing date shall be after November 30, 2000. Nothing in this Stipulation and Joint Motion for Agreed Order shall be admissible or have any evidentiary or precedential value in any future hearing concerning the reassessment valuation applicable to tax years beginning on or after January 1, 2001. 4. It is stipulated and agreed that the assessment of the Property shall be fixed at $364,320.00. The parties agree to apply this assessment figure to any 1999 or 1999 interim taxes which are the subject of this appeal as well as year 2000 taxes. 5. The parties stipulate that the total market value of the Property as of the -'ate the original Petition to the Cumberland County Board of Assessment Appeals was filed shall be fixed at $5,520,000.00. 6. The Cumberland County Assessor's Office shall allocate the total assessment between land and improvements as provided by law and the procedures of the Cumberland County Assessment Office. 7. The Cumberland County Assessment Office shall promptly notify the appropriate taxing authorities of the change in assessment and instruct the taxing authorities to make any 2 appropriate refunds to the Petitioner within forty-five (45) days of the Court's Order. 8. Each party to this appeal shall bear its own costs. 9. The Court is requested to enter the proposed order attached hereto. 10. The undersigned attorneys each hereby warrants to the other and to the parties and to the Court that he has reviewed this Stipulation and Joint Motion for Agreed Order with his client or clients and that he has specifically been authorized to enter into this Stipulation and Joint Motion for Agreed order by his client or clients. Date /' Date MARTSOLF By w? F. R. Marts lf, Esquire Pa. Attorne I.D. No. 15859 2515 North Front Street P. 0. Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 Attorneys for CT Rehabilitation L.P. FREY & TILEY By // / _ ? 7 ?---5 'Stephen D. Tiley, Esquire 5 South Hanover Street Carlisle, PA 17013-3385 (717) 243-5838 Attorneys for Cumberland County Board of Assessment and County of Cumberland [SIGNATURES CONTINUED ON NEXT PAGE] 3 [SIGNATURES CONTINUED FROM PREVIOUS PAGE] Date g l? bd Date_? 1 U U Y P. L-E"dvFYn C. Angstadt, JV., ?s?yIire 60 East Court Street /V/// P. 0. Box 1389 Doylestown, PA 18901-4350 (215) 345-7000 Attorneys for West Shore School District By METZGER, WICKERSHAM, KNAUSS & ERB i By Steven P.?Miner, quire 3211 No th Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Lower Allen Township 4 . __A i i ?.. ?._ ?.) Martsolf 8 Bratton ATTORNEYS AND COUNSELORS AT LAW 2515 NORTH FRONT STREET P.O. BOX 12108 HARRISBURG, PENNSYLVANIA 17108-2108 F.R. MARTHOLF BRUCE F. BRATTON October 30, 2000 VIA TELECOPY AS TO EACH OCT 3 1 2000 TELEPHONE (717) 250-4241 TELECOPIER (717) 233-5701 FILE NO. 950008 Stephen D. Tiley, Esquire Edwin C. Angstadt, Jr., Esquire FREY & TILEY EASTBURN & GRAY P.C. 5 South Hanover Street 60 East Court Street Carlisle, PA 17013-3385 P. 0. Box 1389 Doylestown, PA 18901-350 Steven P. Miner, Esquire METZGER, WICKERSHAM, KNAUSS & ERB 3211 North Front Street P. 0. Box 5300 Harrisburg, PA 17110-0300 Re: CT Rehabilitation L.P. v. Cumberland County Board of Assessment Court of Common Pleas/ Cumberland County Docket No. 99-6908 Civil Term Gentlemen: I wrote to each of you on October 19, 2000 advising you of the time period specified in Judge Guido's Order of September 14, 2000 within which refunds were to be made by your respective clients to my client. That date was October 30, 2000 and, as of that date, my client has received no refunds from any of the involved taxing districts. Please be advised that if my client does not receive its refund entitlements from your respective clients within five (5) business days of the date of this letter, I will have no alternative but to advise my client to seek sanctions for failure to comply with Judge Guido's Order, to include interest on unpaid refunds and attorneys' fees involved in the proceedings. I trust you will give this matter your attention. y f FRM/ner CC: The Honorable Edward E. Guido (via t lecopy) Mark X. DiSanto, Esquire (via telecopy) f ' i Martsolf & Bratton ATTORNEYS AND COUNSELORS AT LAW 2515 NORTH FRONT STREET P. 0. BOX 12106 HARRISBURG, PENNSYLVANIA 17108.2106 TELEPHONE (7171236-4241 TELECOPIER (717) 2335791 FILE NO. 950008 TRANSMITTAL FORM DATE: October 30, 2000 TO: The Honorable Edward E. Guido TELECOPY NO.: 240.6462 RE: CT Rehabilitation L.P. v. Cumberland County Board of Assessment Court of common Pleas/Cumberland county Docket No. 99-6908 Civil Term FROM: Ric Martsolf NO. OF PAGES: 2 (8-1/2 x 11 including this one) Hard copy will follow by regular mail. MEMO: If there are any problems with this transmission, please call sender at (717) 236-4241. SENDER'S NAME: Nancy IFTHE READER OFTHIS MESSAGE IS NOTTHE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIEDTHAT ANY ulh?hVAINA I lulu, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BYTELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. I. TOOa XV9 Tt:DT S06 00/0C .101 1'. Martsolf Bzatton ATTORNEyO AND COUNSELORS AT LAW T CLE PHONE 2516 r)ORi)/ FRONT STREET ??,?> 2aO42a1 . P.O. BOX 12106 I` TGLECOPIGH S HARRISOURO, PCNNSYWANIA 17108.2100 (7,T) 23o-5701 f P.R. MAgroaLF UHUOE P. ORATION FILH NO. October 30, 2000 950008 VIA TELECOPY AS TO EACH Edwin C. Angstadt, Jr., Esquire Stephen D. Tiley, Esquire EASTBURN & GRAY P-C- PREY & TILEY 60 East Court Street 5 South Hanover Street P O_ Box 1369 Carlisle, PA 17013-3385 Doylestown, PA 18901-350 Steven P. Miner, Esquire METZGER, WICKERSHAM, KNAUSS & ERB 3211 North Pront Street p, o. Pox 5300 Harrisburg, PA 17110-0300 Re: CT Rehabilitation L.P. v. Cumberland County Board of Assessment Court of Common Pleas/Cumberland County Docket No. 99-6908 Civil Term Gentlemen: I wrote to each of you on October 19, 2000 advising you of the time period specified in Judge Guido's order of September 14, 2000 within which refunds were to be made by your respective clients to clients has received no srefunds r fr310, om Zany of the involved date, districts. Please be advised that if my client does not receive its refund entitlements from your respective clientslwithi haive ve (no business days of the date of this letter, will alternative but to advise my client to seek sanctions for failure to comply with Judge Guido's order, to include interest on unpaid refunds and attorneys' fees involved in the proceedings. I trust you will give this matter your attention. PRM/ner CC: The Honorable Edward .G Mark X. Disanr_o, Esquire SF3 'oF 9T \Olf 00/ou/01 -001M (via telecopy) SERRATELLI, SCHIFFMAN BROWN & CALHOON, P.C. 2080 LINGLESTOWN ROAD, SUITE 201 HARRISBURG, PA 17110-9670 Telephone (717) 540-9170 Fax (717) 540-5481 fmartsolf@ssbc-law.com Office of the Prothonotary CUMBERLAND COUNTY COURTHOUSE One Courthouse Square Carlisle, PA 17013 Date: April 6. 2006 Re: CT Rehabilitation L.P. v. Cumberland County Board of Assessment DOCKET NO. 99-6908 CIVIL TERM File No.: 06-154 Please provide a copy of the Order entered September 14, 2000 in the above-referenced matter. I understand the costfor Thank you. J4 21 the copy is $.50 and that amount is enclosed along with a stamped, self-addressed envelope. 1 1 J e Please call me if you have any questions. t 10 (V FRM/ner Enclosures