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Home My WebLink About08-585311? Francis J. Hoegen, Esquire/55667 HOEGEN & ASSOCIATES, P.C. 152 South Franklin Street P.O. Box 346 Wilkes-Barre, PA 18703-0346 (570) 820-3332 ATTORNEY FOR PETITIONERS WEIS MARKETS INCORPORATED, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Petitioner CIVIL ACTION - LAW VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND NO. SS5 3 of 2008 rh1 COUNTY, WEST SHORE SCHOOL DISTRICT and LOWER ALLEN TOWNSHIP, Respondents PETITION FOR APPEAL FROM THE DECISION OF THE BOARD OF ASSESSMENT APPEALS OF CUMBERLAND COUNTY AND NOW COMES, Weis Markets Incorporated, by and through its counsel, Hoegen & Associates, and files this Petition for Appeal from the Board of Assessment Appeals of Cumberland County, and in support thereof avers as follows: 1. Weis Markets Incorporated, ("Petitioner") is a business with an address of PO Box 471, Sunbury, Pennsylvania 17801-0471. 2. Petitioner is the owner of a certain parcel, together with all improvements, designated with Parcel Number 13-23-0559-078 ("Premises"). 3. Respondent, Board of Assessment Appeals of Cumberland County (`Board"), is a board for assessment and revision of taxes within the general assessment law of the Commonwealth of Pennsylvania. 4. The Premises are located within the boundaries of Cumberland County, Lower Allen Township and West Shore School District. A true and correct copy of this Petition shall be served forthwith upon the municipalities and school district. 5. For the purposes of the 2009 tax year, the Board assessed the Premises, which is designated with Parcel Number 13-23-0559-078 as follows: $5,626,960 6. On or about May 28, 2008, Petitioner filed a Commercial Industrial Appeal Form with the Cumberland County Board of Assessment Appeals. 7. On August 29, 2008 a hearing was held before the Board. 8. On September 2, 2008 the Board issued a decision denying a reduction of the tax assessment for Parcel Number 13-23-0559-078. A true and correct copy of the Board Decision Notice is attached hereto as Exhibit "A" and incorporated herein by reference. 9. Petitioner alleges that the decision is improper, unsatisfactory and unlawful for one or more of the following reasons: a. The assessment on Petitioner's property is substantially higher than assessments of comparable properties in the taxing district. b. The assessment is based upon an erroneous determination of the fair market value, particularly as it concerns Petitioner's property. c. The value determination by the Cumberland County Board of Assessment Appeals violates the Equal Protection Clause of the 14t4 Amendment of the United States Constitution. d. The impact of the assessment bears unequally on the Petitioner when compared to the assessment of properties of the same class. e. When related to assessments of similarly situated property owners, the assessment of the property of the Petitioner is arbitrary and capricious. f. The assessment violates the Uniformity Clause of the Pennsylvania Constitution. g. The assessment violates the required equality of tax treatment guaranteed by the Pennsylvania Statutory and Constitutional Law. h. The assessment is based in whole or in part upon an appraisal that does not represent the actual value of the said property. i. The ratio of assessed value to actual value applied in making the assessment is in excess of the ratio applied throughout the taxing district. j. The assessment as determined by the Cumberland County Board of Assessment Appeals does not reflect the current market value of the Premises as multiplied by the state mandated ratio and determined by the State Tax Equalization Board. 2 k. The assessment lacks uniformity. 1. The assessment is discriminatory. m. The assessment is otherwise unjust and inequitable. WHEREFORE, Petitioner requests this Honorable Court reverse the Decision of the Cumberland County Board of Assessment Appeals, reduce the assessment and thereafter make all necessary orders and decrees to effectuate said Decision. Respectfull BY:tN FRA, ESQUIRE 152 in Street P.OWilkes-BB e, PA 18703-0346 (570) 820- 332 G:\M\Linda\Tax Appeals\Weis\Cumberland Co\2008\Petition.Docx 3 VERIFICATION I, Francis J. Hoegen, Esquire, verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief and I am authorized to execute this Verification on behalf of the Petitioner. I understand that the statements therein are made subject to the penalties of 18 PA. C.S.A. §4904 relating to unsworn falsification to authorities. DATE: October 1, 2008 V, , ESQUIRE ??forne'y I.D.#55667 OEGEN & ASSOCIATES, P.C. 152 South Franklin Street P.O. Box 346 Wilkes-Barre, PA 18703-0346 (570) 820-3332 G:\MU.inda\Tax Appeals\Weis\Cumberland Co\200MVerification.Atty..Docx EXHIBIT "A" Cumberland County Board of Assessment Appeals Old Courthouse One Courthouse Square Carlisle, PA 17013 Board of Assessment Appeals Lloyd W. Bucher R. Fred Hefelfinger Sarah Hughes DECISION ORDER (717) 240-6350 (717) 240-6354 (fax) BONNIE M. MAHONEY Chief Assessor STEPHEN D. TILEY Assistant Solicitor MAILING DATE: September 2, 2008 PARCEL NUMBER: 13-23-0559-078. WEIS MARKET INCORPORATED FRANCIS J HOEGEN, ESQ 152 SOUTH FRANKLIN STREET WILKES-BARRE PA 18701 Dear Property Owner: This letter is to officially notify you of the decision of the Cumberland County Board of Assessment Appeals regarding the above-referenced parcel DATE OF APPEAL HEARING: 08/29/2008 DATE DECISION RENDERED: 09102/2008 EFFECTIVE FOR TAX YEAR: DECISION RENDERED: [ ] Withdrawn By Applicant [ ] Abandoned For Failure To Appear [X] Denied - No Change [ ] Approved Review Appraiser's Changes [ ] Revised Assessment Based on Hearing [ ] Other: TOTAL VALUE FAIR MARKET CLEAN AND GREEN CLEAN AND GREEN Old Assessed Value: 5,626,960 New Assessed Value: 5,626,960 NOT APPLICABLE 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 October 2, 2008. Francis J. Hoegen, Esquire/55667 HOEGEN & ASSOCIATES, P.C. 152 South Franklin Street P.O. Box 346 Wilkes-Barre, PA 18703-0346 (570) 820-3332 ATTORNEY FOR PETITIONERS WEIS MARKETS INCORPORATED, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Petitioner CIVIL ACTION - LAW VS. CUMBERLAND COUNTY BOARD OF NO of 2008 ASSESSMENT APPEALS, CUMBERLAND COUNTY, WEST SHORE SCHOOL DISTRICT and LOWER ALLEN TOWNSHIP, Respondents CERTIFICATE OF SERVICE I, Francis J. Hoegen, Esquire, hereby certify that on the At day of ?e2008, I served a copy of the Petition for Appeal by First Class United States Mail, postage prepaid addressed to: CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 EDWARD L. SCHORPP, ESQ. Solicitor, Cumberland County CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 DALEY, ZUCKER, MEILTON, MINER & GINGRICH LLC Solicitors, LOWER ALLEN TOWNSHIP 103 5 MUMMA ROAD, SUITE 101 WORMLEYSBURG, PA 17043 JOANNE SOMMER, ESQUIRE Solicitor, WEST SHO SCHOOL DISTRICT 60 EAST COURT S ET PO BX ,t? 89 nnvT .F. nWN 8901 BY: F J , ESQUIRE 15 th in Street P. ox 6 Wilkes-Barre, PA 18703-0346 (570) 820-3332 GAWLinda\Tax Appeals\Weis\Cwnberland Co\2008\C0S.Petition.Docx p? lW., `tJ 11? C7 t`? t -I FMI M } Tt c!"a` WEIS MARKETS INCORPORATED, Petitioner V. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, WEST SHORE SCHOOL DISTRICT, And LOWER ALLEN TOWNSHIP, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5853 CIVIL ORDER OF COURT AND NOW, this 7th day of October, 2008, upon consideration of the Petition for Appeal from the Decision of the Board of Assessment Appeals of Cumberland County, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before October 27, 2008; 3. The Prothonotary is directed to forward said Answer to this Court 4. A hearing on this matter will be held on Friday, March 20, 2009, at 9:00 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania IT IS HEREBY FURTHER ORDERED AND DIRECTED that the parties in this case file a pre-hearing memorandum with the Court on or before March 13, 2009, in the following format: 1. A concise statement of factual issues to be decided at trial. II. A list of witnesses the party intends to call at trial along with a concise statement of their anticipated testimony. III. A list of all exhibits each party anticipates presenting at trial. IV. A statement of any legal issues each party anticipates being raised at trial along with copies of any cases which may be relevant to resolution of the stated issue. By the Court, ?U'. \ M. L. Ebert, Jr., J. /Francis J. Hoegen, Esquire Attorney for Plaintiff /Edward L. Schorpp, Esquire Stephen Tiley, Esquire For Cumberland County ? Daley, Zucker, Meilton, Miner & Gingrich, LLC For Lower Allen Township /Joanne Sommer, Esquire For West Shore School District bas l: les matLL /0l4lo8 s 90 :6 ITV 6- 130 Boaz }?t yf i i -{ _' ry?,Hl ?G' Stephen D. Tiley, Esquire Supreme Court I.D. No. 32318 Attorney for Respondent Cumberland County Board of Assessment Appeals 5 South Hanover Street Tel: 717-243-5838 Carlisle, Pennsylvania 17013 Fax: 717-243-6441 WEIS MARKETS INCORPORATED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner CIVIL ACTION - LAW VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT _ APPEALS, CUMBERLAND NO. OS??-?of 2008 COUNTYWEST SHORE SCHOOL DISTRICT and LOWER ALLEN TOWNSHIP Respondents ANSWER AND NOW, comes Cumberland County Board of Assessment Appeals and Cumberland County, by Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor for Tax Matters, and files this Answer of which the following is a statement: 1. Admitted. 2. Admitted. 3. Admitted. By way of further Answer, the Board of Assessment Appeals is created pursuant to The Fourth to Eighth Class County Assessment Law, 72 P.S. §5453.101, et seq. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. The averments of this paragraph, and each of its sub-lettered paragraphs, set forth conclusions of law to which no responsive pleading is required. WHEREFORE, Respondent, Cumberland County Board of Assessment Appeals, and County of Cumberland, pray Your Honorable Court for an Order denying Petitioner's appeal, affirming the assessment of the property at $5,626,960, or fixing the assessment of the property at such other amount as the Court may deem just and proper. Dated: mss, ?.VVJ7 Respectfully submitted, F G By Stephen D. Tiley, Esquire Assistant Cumb. Cty. Solicitor For Tax Matters 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.D.#32318 VERIFICATION I verify that the statements made in the foregoing Answer are true and correct, partially upon personal knowledge and partially upon my belief; to the extent language in the Answer is that of my attorneys, I have relied upon my attorneys in making this Verification. I understand that false statements herein are made and subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: Bonnie M. Mahoney, Chief Assessor f /0//s7AI?F VS. Stephen D. Tiley, Esquire Supreme Court I.D. No. 32318 Attorney for Respondent Cumberland County Board of Assessment Appeals 5 South Hanover Street Tel: 717-243-5838 Carlisle Pennsylvania 17013 Fax: 717-243-6441 WEIS MARKETS INCORPORATED : IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA Petitioner CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTYWEST SHORE SCHOOL DISTRICT and LOWER ALLEN TOWNSHIP . CIVIL ACTION - LAW NO. Q3 ?? of 2008 Respondents CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Answer by placing a certified true and correct copy of the same in the United States mail, postage pre-paid, addressed to: Francis J. Hoegen, Esquire Attorney for Petitioners Hoegen & Associates, P.C. 152 South Franklin Street P.O. Box 346 Wilkes-Barre, PA 18703-0346 Joanne Sommer, Esquire Solicitor for West Shore School District Eastburn & Gray P.O. Box 1389 Doylestown, PA 18901-4350 Steven P. Miner, Esquire Solicitor for Lower Allen Township Daley, Zucker, Meilton, Miner & Gingrich 1035 Mumma Rd., Suite 101 Wormleysburg, PA 17043 Date: od jd?? Stephen if Tiley, Esquire Assistant Cumb. Co. Solicitor 5 S. Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.13132318 Cf' --- rn 7 C7A "C IN RE: APPEAL OF WEIS MARKETS, INC V. CUMBERLAND COUNTY BOARD OF : ASSESSMENT APPEALS, CUMBERLAND : COUNTY, WEST SHORE SCHOOL DISTRICT and LOWER ALLEN TOWNSHIP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 05853 OF 2008 CIVIL ACTION - LAW PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of West Shore School District in the above captioned action. EASTBURN AND GRAY, C. By: Andrew J. Blady Attorney I.D. #84354 EASTBURN AND GRAY, P.C. 60 East Court Street P.O. Box 1389 Doylestown, PA 18901-0137 (215) 345-7000 C-) r s 1.: ' ,r rv , .. .L -5 t j i V WEIS MARKETS, INC, Petitioner V. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, WEST SHORE SCHOOL DISTRICT and LOWER ALLEN TOWNSHIP Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-5853 CIVIL TERM WEST SHORE SCHOOL DISTRICT'S ANSWER TO PETITION TO APPEAL L-5. Admitted. 6. Denied. After reasonable investigation, Answering Party is without sufficient information from which to admit or deny this averment and it is therefore denied. 7. Admitted. 8. Admitted. 9. a. Denied. After reasonable investigation, Answering Party is without sufficient information from which to admit or deny this averment and it is therefore denied. b. Denied. After reasonable investigation, Answering Party is without sufficient information from which to admit or deny this averment and it is therefore denied. w C. Denied. This averment constitutes a conclusion of law to which no response is required and it is therefore denied. d. Denied. This averment constitutes a conclusion of law to which no response is required and it is therefore denied. e. Denied. This averment constitutes a conclusion of law to which no response is required and it is therefore denied. f. Denied. This averment constitutes a conclusion of law to which no response is required and it is therefore denied. g. Denied. This averment constitutes a conclusion of law to which no response is required and it is therefore denied. h. Denied. After reasonable investigation, Answering Party is without sufficient information from which to admit or deny this averment and it is therefore denied. i. Denied. After reasonable investigation, Answering Party is without sufficient information from which to admit or deny this averment and it is therefore denied. j. Denied. After reasonable investigation, Answering Party is without sufficient information from which to admit or deny this averment and it is therefore denied. k. Denied. This averment constitutes a conclusion of law to which no response is required and it is therefore denied. 1. Denied. This averment constitutes a conclusion of law to which no response is required and it is therefore denied. 2 -a M. Denied. This averment constitutes a conclusion of law to which no response is required and it is therefore denied. WHEREFORE, West Shore School District respectfully requests that this Honorable Court deny this appeal. Respectfully submitted, EASTBURN AND GRAY, P.C. By: Andrew J. Blady Attorney I.D. #84354 60 East Court Street P.O. Box 1389 Doylestown, PA 18901-0137 (215) 345-7000 3 VERIFICATION Andrew J. Blady, Esquire verifies that he is the attorney for West Shore School District and that the statements made in the foregoing Answer to Petition to Appeal are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ANDREW J. BLADY, ESQUIRE IN RE: APPEAL OF WEIS MARKETS, INC. V. CUMBERLAND COUNTY BOARD OF : ASSESSMENT APPEALS, CUMBERLAND : COUNTY, WEST SHORE SCHOOL DISTRICT and LOWER ALLEN TOWNSHIP : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 05853 OF 2008 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of West Shore School District's Praecipe to Enter Appearance and West Shore School District's Answer to Petition to Appeal was sent on this date by first class mail, postage prepaid, to: Attorneys for Petitioners: Francis J. Hoegen, Esquire Hoegen & Associates, P. C. 152 South Franklin Street P. O. Box 346 Wilkes-Barre, Pa. 18703-0346 Solicitor for Lower Allen Township Steven P. Miner, Esquire Daley, Zucker, Meilton, Miner & Gingrich 1035 Mumma Rd., Suite 101 Wormleysburg, Pa. 17043 Asst. Cumberland C. Solicitor Stephen D. Tiley, Esquire 5 S. Hanover Street Carlisle, Pa. 17013 EASTBURN AND GRAY, P.C. Date: October 20, 2008 By: 0? ; Andrew J. Blady Attorney I.D. #84354 EASTBURN AND GRAY, P.C. 60 East Court Street P.O. Box 1389 Doylestown, PA 18901-0137 (215) 345-7000 C ?`' C O m f Steven P. Miner, Esquire Attorney I.D. No. 38901 Daley Zucker Meilton Miner & Gingrich, LLC 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 (717) 724-9821 WEIS MARKETS INCORPORATED, Petitioner VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, WEST SHORE SCHOOL DISTRICT and LOWER ALLEN TOWNSHIP, : Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 05853 of 2008 NOTICE OF INTERVENTION AND NOW COMES, Lower Allen Township, Cumberland County by its Solicitor, Steven P. Miner of Daley Zucker Meilton Miner & Gingrich, LLC, and notices this Honorable Court of its intervention in the above-referenced matter as follows: 1. Lower Allen Township is a first class township located at 2233 Gettysburg Road, Camp Hill, Pennsylvania 17011. 2. The township was a party below in this matter. 3. Lower Allen Township is a proper party for intervention because the determination of such action may affect a legally enforceable interest of the township. WHEREFORE, Lower Allen Township provides this Notice of Intervention in the above- referenced matter. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: October 21, 2008 By: Stem n P. Miner, Esquire Attorney I.D. No. 38901 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 717.724.9821 (phone) 717.724.9826 (fax) sminer@,dzmmglaw.com VERIFICATION I verify that the statements made in this Notice of Intervention are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: / o 1S OS _ Thomas G. Vern , Jr. Lower Allen Township Manager , CERTIFICATE OF SERVICE I, Steven P. Miner, Esquire, hereby certify that on the date indicated below, I served a true and correct copy of the foregoing Notice of Intervention via first class U.S. mail, addressed as follows: Francis J. Hoegen, Esquire Hoegen & Associates, P.C. 152 South Franklin Street P.O. Box 346 Wilkes-Barre, PA 18703-0346 Attorney for Petitioner Stephen E. Tiley, Esquire Frey and Tiley 5 South Hanover Street Carlisle, PA 17013-3307 Solicitor of Cumberland County Board of Assessment Appeals Andrew Blady, Esquire Eastburn and Gray, P.C. 60 East Court Street P. O. Box 1389 Doylestown, PA 18901 Solicitor for West Shore School District Date: October 2008 Thomas G. Vernau, Jr., Township Manager Lower Allen Township Municipal Services Center 2233 Gettysburg Road Camp Hill, Pennsylvania 17011 BY. ' Stev P. Miner, Esquire Atto ey I.D. No. 38901 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 717-724-9821 sminer@dzmmglaw.com ? _? `;.s s nay .-.5 ` i? [4^"1 ??., _ ?? A? .?p... yet ...-s R» ? _4... ?.r?' + /? \ _ v ? w ? r? a i ?..+ +?+. ? Steven P. Miner, Esquire Attorney I.D. No. 38901 Daley Zucker Meilton Miner & Gingrich, LLC 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 (717) 724-9821 WEIS MARKETS INCORPORATED, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Petitioner VS. CIVIL ACTION - LAW CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, WEST SHORE SCHOOL DISTRICT and NO. 5853 of 2008 LOWER ALLEN TOWNSHIP, Respondents ANSWER AND NOW COMES, Lower Allen Township, Cumberland County by its Solicitor, Steven P. Miner, Esquire of Daley Zucker Meilton Miner & Gingrich, LLC, and files this Answer to the Petition for Appeal. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied, the averments of paragraph 9 are legal conclusions to which no responsive pleading is required. To the extent a response to the pleading is required, the averments of paragraph 9 are deemed denied. WHEREFORE, Respondent, Lower Allen Township prays that your Honorable Court grant an Order denying Petitioner's Appeal, affirming the assessment of the property at Five Million Six Hundred Twenty-Six Thousand Nine Hundred Sixty Dollars ($5,626,960.00), or fixing the assessment of the property at such other amount as the Court may deem just and proper. Respectfully submitted, Date: October , 2008 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: Stev P. Miner, Esquire Attorney I.D. No. 38901 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 717.724.9821 (phone) 717.724.9826 (fax) sminer(2dzmmglaw.com 0 VERIFICA--TION I verify that the statements made in this Answer are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §49K relating to unsworn falsification to authorities. Dated: ?P Thomas G. Vern*(r, ar. Lower Allen Township Manager . • CERTIFICATE OF SERVICE I, Steven P. Miner, Esquire, hereby certify that on the date indicated below, I served a true and correct copy of the foregoing Notice of Intervention via first class U.S. mail, addressed as follows: Francis J. Hoegen, Esquire Hoegen & Associates, P.C. 152 South Franklin Street P.O. Box 346 Wilkes-Barre, PA 18703-0346 Attorney for Petitioner Stephen E. Tiley, Esquire Frey and Tiley 5 South Hanover Street Carlisle, PA 17013-3307 Solicitor of Cumberland County Board of Assessment Appeals Andrew Blady, Esquire Eastburn and Gray, P.C. 60 East Court Street P. O. Box 1389 Thomas G. Vernau, Jr., Township Manager Lower Allen Township Municipal Services Center 2233 Gettysburg Road Camp Hill, Pennsylvania 17011 Doylestown, PA 18901 Solicitor for West Shore School District Date: October, 2008 By: _/__ S ven P. Miner, Esquire ttorney I.D. No. 38901 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 717-724-9821 sminer(?dzmmglaw.com TT Q ?? -? N Francis J. Hoegen, Esquire/55667 HOEGEN & ASSOCIATES, P.C. 152 South Franklin Street P.O. Box 346 Wilkes-Barre, PA 18703-0346 (570) 820-3332 ATTORNEY FOR PETITIONER WEIS MARKETS INCORPORATED, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Petitioner CIVIL ACTION - LAW VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND NO. 08-5853 COUNTY, WEST SHORE SCHOOL DISTRICT and LOWER ALLEN TOWNSHIP, Respondents PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly mark the above-captioned action ended and iscontinued with prejudice and kindly mark any judgment satisfied and paid in full. DATED: BY: F HOEGEN, ESQUIRE DISCONTINUANCE AND NOW this day of , 2009 the above-captioned action is hereby marked Discontinued with prejudice and kindly mark any judgment satisfied and paid in full. PROTHONOTARY OF CUMBERLAND COUNTY BY: LATax Appeals\Weis\Cumberland Co\2008Traecipe To Discontinue.Docx Francis J. Hoegen, Esquire/55667 HOEGEN & ASSOCIATES, P.C. 152 South Franklin Street P.O. Box 346 Wilkes-Barre, PA 18703-0346 (570) 820-3332 ATTORNEY FOR PETITIONERS WEIS MARKETS INCORPORATED, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Petitioner CIVIL ACTION - LAW VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND ; NO. 08-5853 COUNTY, WEST SHORE SCHOOL DISTRICT and LOWER ALLEN TOWNSHIP, Respondents CERTIFICATE OF SERVICE I, Francis J. Hoegen, Esquire, hereby certify that on the 160' day of March, 2009, I served a copy of the Praecipe to Discontinue by First Class United States Mail, postage prepaid addressed to: CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 DALEY, ZUCKER, MEILTON, MINER & GINGRICH LLC Solicitors, LOWER ALLEN TOWNSHIP 1035 MUMMA ROAD, SUITE 101 WORMLEYSBURG, PA 17043 EDWARD L. SCHORPP, ESQ. Solicitor, Cumberland County CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 JOANNE SOMMER, ESQUIRE Solicitor, WEST SHORE SCHOOL DISTRICT 60 EAST COURT STREET PO BOX J89 DOYLE O". >I/A 1890L BY: 152 Sfu1VFr kl' P.O. Box 346 Wilkes-Barre, PA (570) 820-3332 ?N, ESQUIRE Street 18703-0346 LATax Appeals\Weis\Cumberland Co\COS.Praecipe To Discontinue.Docx .ca f,. t _ 6 ' V