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Home My WebLink About03-4097PROSPERITY DEVELOPMENT CO. Plaintiffs ROTHMAN, SCHUBERT & REALTORS, A PARTNERSHIP Defendant REED : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .. : CIVIL ACTION - EQUITY _. : NO. 03- t{O~'~ .. PETITION TO STRIKE OFF LIEN AND NOW COMES the plaintiff, Prosperity Development Co., through its attorneys, Adler & Adler, and respectfully represents the following: 1. Prosperity Development Company, is a Pennsylvania general partnership with a principal place of business located at 2525 North Seventh Street, Harrisburg, PA. 2. Rothman, Schubert & Reed is a partnership with a principal place of business located at 355 N. 21st Street, Suite 102, Camp Hill, PA 17011. 3. On April 23, 2003, defendants entered the Agreement attached as Exhibit "A" (hereinafter, the Agreement) in the Office of the Recorder of Deeds in and for Cumberland County, which Agreement was recorded in Misc. Book 696, page 2618. 4. Pursuant to its terms, entry of the Agreement on the record acts as a lien against the Property located in Camp Hill Borough, Cumberland County, Pennsylvania, identified as Tax Parcel 09-20-1854-004 and known as 407-431 North 21st Street, Camp Hill, PA. (Hereinafter, the Property) 5. Paragraph 6 of the Agreement states This Agreement shall act as a lien upon the subject properties to the extent of any sums due and owing hereunder, and as evidence of such lien, RSR may file this Agreement in the Recorder of Deeds Office in and for Cumberland County. 6. Paragraph 5 of the Agreement states In each of the two complete years following final determination of the appeal, owner shall pay to RSR a sum equal to fifty percent of any tax reduction resulting from the appeal. 7. Pursuant to paragraph 5, nothing is due under the Agreement until there is a final determination. 8. Attached as Exhibit "B' is a certified copy of the docket from the Court of Common Pleas of Cumberland County, PA in this matter. 9. The initial determination by the County Board of Appeals was appealed by the plaintiffs. 10. Because there is no final determination, there is nothing due under the Agreement, and the lien should be stricken. 11. RSR filed an assessment appeal for Prosperity on the above property on April 12, 2002. 12. This case was scheduled for a hearing before the assessment appeal board on August 26, 2002. It was continued until October 14, 2002. 13. At that time Michael Pykosh, Esquire, represented Prosperity at the hearing. He had been retained by defendant for this purpose along with RSR, Appraisers and Analyst, as the appraiser. 14. A decision was rendered by the Board of Appeals on October 31, 2002. 15. It is clear from the record that Michael Pykosh, Esquire, failed to file the requisite number of copies of the appraisal in a timely manner. 16. A copy of the notes from the Board of Assessment Appeal hearing is attached as Exhibit "C." 17. The Board did reduce the assessment from $9,132,800.00 to $8,850,000.00 as a result of the review of a 1998 court order. 18. William Rothman convinced Mr. Hughes and Mr. Freedman that they should appeal this decision. They agreed in that, even though Mr. Pykosh was a cause of the failure at the initial level, they saw no reason at that time not to appeal, since it was at the risk of RSR. 19. RSR filed the necessary appeal papers on December 3, 2002. 20. A hearing was set on the appeal for March 19, 2003. On February 3, 2003, Stephen Tiley filed a motion for a continuance, and Mr. Pykosh consented to the motion. 21. No other action has been taken to the knowledge of Prosperity since the Board of Appeals made its decision. WHEREFORE, plaintiff respectfully requests that the lien entered to Misc Book 696, page 2618, be stricken, and that defendants pay all costs of suit. Respectfully submitted, William L. Adler, Esquire Attorney for Plaintiff ADLER & ADLER P.O. Box 11933 125 Locust St. Harrisburg, PA 17108 717-234-3289 Supreme Court ID Number 39844 CERTIFICATE OF SERVICE I, William L. Adler, Esquire, Attorney for Plaintiff, hereby certify on the [6 day of ,2003, 1 served a copy of the within Petition and Rule upon the following person by first . class mail, postage prepmd, addressed as follows: Lowell R. Gates, Esquire GATES, HALBRUNER & HATCH, P.C. 1013 Mu~a Rd. Suite 100 Lemolrne, PA 17043 William L. Adler, Esquire VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING PLEADING ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S.A. Section 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: p~c s tPe~r:.ty~De~ ~elop~enl C o B~y~--- Nicholas Hughes, Manager WITNESSETH: 2) IF BOTH OWNER AND RSR DECIDE TItAT 'file TAX Im~DUCTION R~ULTn<O FROM TI~ BOARD OF ASSESSMENT APPEAL'$ DETE,RM~ATION IS UNSATISFACTORY, THEN R~I~ MAY, WITH APPROVAL 10) ACCOUNTS OVER THIRTY (30) DAYS LATE ARE SUBJECT TO A 1.$% PER MONTH LATE FEE. '~TNESS ~=~ OWNER BY: OWNER WITNESS BY: COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS: ? COMMONWEALTH OF PENNSYLVNAIA : SS: ON THI~, TltE /[J~' DA¥OF ~)~ft' / ,2002, BEFOI~ M~, A NOTARY PUBLJC, THE IN WITNESS WHEP.~OF, I PYS510 Cumberland County Prothonotary's Office Page 1 Civil Case Inquiry 2002-05761 PROSPERITY DEVELOPMENT CO (rs) Reference No..: Case TvDe ..... : APPEAL - ASSESSMENT Ju~gmeh% ..... ~ .00 Juage Assigne~: Disposed Desc.: ............ Case Comments ............. THE BOARD OF ASSESSMENT APPPE Filed ........ : Time ......... : Execution Date Jury Trial .... Disposed Date Higher Crt 1.: Higher Crt 2.: 12/03/2002 1:48 0/00/0000 0/00/0000 General Index Attorney Info PROSPERITY DEVELOPMENT COMP~2qY APPELLANT PYKOSH MICHAEL J P O BOX 5967 HARRISBURG PA 17110 5967 CUMBERLAND COUNTY APPELLEE BOARD OF ASSESSMENT APPEALS OLD COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE PA 17013 * Date Entries * ............. FIRST ENTRY .............. 12/03/2002 PETITION AND APPEAL FROM CUMBERL~_ND COUNTY BOARD OF ASSESSMENT 12/09/2002 ORDER OF COURT - DATED 12/5/02 - IN RE PETITION AND NOTICE OF APPEAL AND ON MOTION OF MICHAEL J PYKOSH ESQ - THE COURT ACCEPTS SAID APPEAL AND HEREBY ESTABLISHED A DE NOVO HEARING ON THE SUBJECTONS MATTER THEREFOR TO BE HELD IN CR 1 OF THE CUMBERLAND COUNTY COURTHOUSE ON 3/19/Q3 ~AT 9:30 AM - BY THE COURT J WESLEY OLER JR J COPIES MAILED 12/9/02 1/27/2003 NOTICE OF INTERVENTION BY DONNA S WELDON ESQ FOR EAST PENNSBORO AREA SCHOOL DISTRICT 2/1 /2oo3 ............ 2/14/2003 ANSWER - BY STEPHEN D TILEY ESQ 2/20/2003 ORDER - DATED 2/19/03 - IN RE MOTION FOR CONTINUANCE - HEARING IN THE ABOVE CAPTIONED MATTER SHCEDULED FOR 3/19/03 IS CANCELED AND THE MATTER IS CONTINUED GENERALLY AT THE CALL OF ANY PARTY - BY THE COURT J WESLEY OLER JR J COPIES MAILED 2/21/03 .............. LAST ENTRY .............. ~ Escrow Information * Fees & Debits Beg Bal Pvmts/Adj End Bal * APPEAL MISC TAX ON APPEAL SETTLEMENT AUTOMATION FEE JCP FEE 35.00 35.00 .00 .50 .50 .00 5.00 5.00 .00 5.00 5.00 .00 10.00 10.00 .00 55.50 55.50 .00 * End of Case Information . TRUE COPY FROM RECORD to Testimony whereof, I here unto set my haflll and the seal of said Cou~t at Carlisle, Pa. ThlS._~(~__-day Ol~ ~ '~ , CUMBERLAND cOUNTY BOARD OF ASSESSMEN~ APPEALS ' PROPERTY OWNER REPRESENTED BY PARCEL NUMBER _ OATE 0C+010t. r-. Iq ~'h00~, T~ME ~r:~ FAIR MARKET VALUE: Old New q ~l ~ ~ h ~ 0 0 Clean and Gree~ FiNal opinion = ~,ooo~o00 t qT~o ~oqo~ooo-3~ PROPERTY OWNER S OPINION AND EVIDENCE OF MARKET VALUE: ~ ~ ~lO 0® ~s~' DECISION ORDER: q~-O~O00 HO~t. Q, CON d DECISION DATE NOTES t Hfl o~ooo t- 300 ,,ooo -~Hqo,,ooO= ~,4,oo,,ooo ~d-t 3 +o 0 PROPERTY TYPE CC, NO ~ voJuc ~ DECISION MAILED Fo~m CUM214 (v. l) SECRETARY PROSPERITY DEVELOPMENT CO. Plaintiffs Vo ROTHMAN, SCHUBERT & REALTORS, A PARTNERSHIP Defendant REED : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - EQUITY RULE TO SHOW CAUSE WHY !,IF, N SHOULD NOT BE STRICKEN And now, this ~ day of .~,~ · x ~ ~ f' ,2003, on consideration of the foregoing petition, a rule is granted on the-abo~defendant to show cause why the judgment entered in the above case should not be struck off. PROSPERITY DEVELOPMENT CO., Plaintiffs ROTIIMAN, SCHUBERT & REED REALTORS, A PARTNERSHIP, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - EQUITY NO. 03-40!}7 RESPONSE TO PETITION TO STRIKE OFF LIEN AND NOW, comes Defendant, Rothman, Schubert & Reed, Realtors (RSR Realtors), a Pennsylvania limited liability company, by and through their attorneys, Gates, Halbruner & Hatch, P.C., and respectfully sets forth the following: 1. Admitted. 2. Admitted in part and denied in part. By way of further answer, Rothman, Schubert & Reed, Realtors, a/k/a RSR Realtors, is a Pennsylvania limited liability company, with its principal place of business at 3 Lemoyne Drive, Lemoyne, PA 17043. 3. Admitted. 4. Admitted. 5. The document speaks for itself, and no further ar~wer is required. 6. The document speaks for itself, and no further answer is required. 7. The document speaks for itself, and no further answer is required. By way of further response, Defendant RSR Realtors believes, and therefore, avers that PlaintiffProsperity has signed a Contract of Sale agreeing to sell a portion of the subject property to Holy Spirit Hospital for the sum of $5.0 million, thereby making the hearing on the tax reassessment moot. CERTIFICATE OF SERVICE. I, Lowell R. Gates, Esquire, hereby certify that on this date, I served a tree and correct copy of the foregoing document upon the following person(s) by' first-class mail, postage prepaid, addressed as follows: William L. Adler, Esquire Adler & Adler P.O. Box 11933 125 Locust Street Harrisburg, PA 17108 Suprqine Ct. No. 46779 Gates~ Halbruner & Hatch, PC 1013 lMumma Road, Suite 100 Lemoyne, PA 17043 PROSPERITY DEVELOPMENT CO., Plaintiff ROTHMAN, SCHUBERT & REED REALTORS, A PARTNERSHIP, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-4097 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of October, 2003, upon consideration of Plaintiff's Petition To Strike OFF Lien, and it appearing that an action cannot be commenced by petition, Plaintiff's Petition is dismissed, without prejudice to Plaintiff's right to commence this action in proper form. See Pa. R.C.P. 1007, 1501; West Pennsboro Township v. Wilson, 52 Cumberland L.J. 210 (2003,. Hess, J.); DeSanto v. Smith, 38 Cumberland L.J. 161 (1987, Bayley, J.). BY THE COURT, t/~lliam L. Adler, Esq. P.O. Box 11933 125 Locust Street Harrisburg, PA 17108 Attorney for Plaintiffs l/,,'Lowell R. Gates, Esq. Cory J. Snook, Esq. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Attorneys for Defendant /t~e~C~Oler, J~ J. irc