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Home My WebLink About09-1345COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE HOSPITALITY, L.P. Petitioner No. vs. Civil Action BOARD OF ASSESSMENT APPEALS : CUMBERLAND COUNTY, Respondent PETITION FOR REVIEW OF REAL ESTATE ASSESSMENT 1. Petitioner, Carlisle Hospitality, L.P., is a Pennsylvania Limited Partnership with an address of 1244 West Chester Pike, Suite 404,West Chester, PA 19382. 2. The Respondent is the Board of Assessment Appeals, an agency of the County of Cumberland, located at the Cumberland County Board of Assessment Appeals, 1 Courthouse Square, Carlisle, PA 17013. 3. The Petitioner is the owner of the following premises (hereinafter called "Property") relative to this Petition: (a) 10 South Hanover Street, Carlisle, PA (04-21-0320-057) 4. On or about August 27, 2008, Petitioner appealed the assessed valuation of the Property to the Respondent. 5. Notwithstanding the presentation of evidence of valuation to support Petitioner's Appeal, the Respondent made an insufficient revision to the Petitioner's assessment. A copy of the Board's Decision Notice is attached hereto, made a part hereof and marked as Exhibit "A". 6. The assessment of the Property as fixed by the Respondent is excessive, improper, unjust and contrary to law for the following reasons: (a) The assessment is based in whole or in part upon an appraisal that does not represent the actual value of the said property. (b) The assessment is based in whole or in part upon rental values that do not represent the actual market rental values for the said property. (c) The assessment lacks uniformity. (d) The assessment is discriminatory. (e) The assessment is otherwise unjust and inequitable. WHEREFORE, Petitioner requests that the Court hear testimony on the assessment and reduce the assessment fixed for such property and to make such other orders and decrees as shall be just and proper. FEINBERG LAW OFFICE r Gregg M.' Feinberg, Esquire Atty. I.D. #38629 Attorneys for Plaintiff 1390 Ridgeview Drive, Suite 301 Allentown, PA 18104-9065 (610)398-4900 -2- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE HOSPITALITY, L.P. Petitioner No. vs. Civil Action BOARD OF ASSESSMENT APPEALS CUMBERLAND COUNTY, Respondent CERTIFICATE OF SERVICE I, GREGG M. FEINBERG, ESQUIRE, hereby certify that the Petition for Real Estate Assessment has been mailed by regular mail to: Cumberland County Board of Assessment Appeals, 1 Courthouse Square, Carlisle, PA 17013. Date: D GRE G M. INBERG, ESQ . -3- ELLIS MANAGEMENT CORP. Fax:16104364149 Feb 27 2009 11:49 P.02 VERIFICATION I, David R. Ellis, Vice President of Carlisle Suites Corp., the General Partner of Carlisle Hospitality, L.P., verify that the facts contained in the foregoing Petition for Review of Real Estate Assessment 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. Section 4904 relating to unworn falsification to authorities. Partner CARLISLE HOSPITALITY, L.P. BY CARLISLE SUITES CORP., its sole General Date: c" - 26- Vet By: 4 eter 1.1p David R. Ellis Cumberland County Board of Assessment Appeals Old Courthouse One Courthouse Square (717) 240-6350 Carlisle, PA 17013 (717) 240-6354 (fax) Board of Assessment Appeals BONNIE M. MAHONEY Lloyd W. Bucher Chief Assessor R. Fred Hefelfinger Sarah Hughes STEPHEN D. TILEY Assistant Solicitor DECISION ORDER CARLISLE HOSPITALITY L P GREGG M FEINBERG, ESQUIRE 1390 RIDGEVIEW DRIVE, STE 301 ALLENTOWN PA 18104-9065 Dear Property Owner: MAILING DATE: February 17, 2009 PARCEL NUMBER: 04-21-0320-057. 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: 02/12/2009 DATE DECISION RENDERED: 02/12/2009 EFFECTIVE FOR TAX YEAR: 2009 DECISION RENDERED: [ ] Withdrawn By Applicant [ J Abandoned For Failure To Appear [ ] Denied - No Change [ ] Approved Review Appraiser's Changes [X] Revised Assessment Based on Hearing [ ] Other: TOTAL VALUE FAIR MARKET CLEAN AND GREEN CLEAN AND GREEN STATUS Old Assessed Value: 5,412,000 New Assessed Value: 4,361,500 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 March 19, 2009. lki z CARLISLE HOSPITALITY, L.P., IN THE COURT OF COMMON PLEAS OF PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA V. BOARD OF ASSESSMENT APPEALS CUMBERLAND COUNTY, RESPONDENT 09-1345 CIVIL TERM ORDER OF COURT AND NOW, this 12-- day of March, 2009, a hearing will be conducted on this appeal from a real estate assessment at 8:45 a.m., Wednesday, July 8, 2009, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the gourf, ,I Edgar B. Bayley, J. -,- Gregg M. Feinberg, Esquire 1390 Ridgeview Drive Suite 302 Allentown, PA 18104-9065 For Plaintiff ./6umberland County Board of Assessment Appeals :sal ( D'J t.£ s Ma4l£dE Lam; C''7 tij C?j Wit.. J> LLI 0 r? CV Stephen D. Tiley, Esquire Supreme Court I.D. No.32318 Attorney for Cumberland County Board of Assessment Appeals 5 South Hanover Street Tel: 717-243-5838 Carlisle Pennsylvania 17013 Fax: 717-243-6441 CARLISLE HOSPITALITY, L.P. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, Petitioner : PENNSYLVANIA BOARD OF ASSESSMENT APPEALS : NO. 2009-1345 CIVIL TERM CUMBERLAND COUNTY Respondent : CIVIL ACTION ANSWER AND NOW, comes Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor for Tax Matters, and files this Answer on behalf of Respondent, Cumberland County Board of Assessment Appeals, of which filing is a statement: 1- 4. Admitted. 5. Admitted in part. Denied in part. It is admitted that the Board of Assessment Appeals rendered the decision set forth on Exhibit "A" as attached to the Petition. It is denied that the Board made an "insufficient revision" to the assessment. Conversely, Respondent believes that the Board's decision may have resulted in too great of a reduction in value of the property. 6. 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. Strict proof at Hearing is demanded. WHEREFORE, Respondent, Cumberland County Board of Assessment Appeals, prays Your Honorable Court for an Order denying Petitioner's appeal or establishing the fair market of the property known as Tax Parcel 0421-0320-057 in such amount as the Court may seem just and proper. Dated: I`'/7/7' Respectfully submitted, 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: ole-? Bonnie M. Ma oney, Chie Assessor CARLISLE HOSPITALITY, L.P. Petitioner BOARD OF ASSESSMENT APPEALS CUMBERLAND COUNTY Respondent : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 2009-1345 CIVIL TERM : CIVIL ACTION 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: Gregg M. Feinberg, Esquire Atty. I.D. #38629 Attorney's for Petitioner Feinberg Law Office 1390 Ridgeview Dr., Suite 301 Allentown, PA 18104-9065 Edward L. Schorpp, Esquire Solicitor for Cumberland County and Carlisle Borough Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 James D. Flower, Jr., Esquire Solicitor for Carlisle Area School District Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Date: ;7 r :r Stephen 15. Tiley, Esquire Assistant Cumb. Co. Solicitor 5 S. Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D.#32318 FL- 2009 APR -7 Pli f : ; 0 Cut : ;71' Stephen D. Tiley, Esquire Supreme Court I.D. No.32318 Attorney for Cumberland County Board of Assessment Appeals 5 South Hanover Street Tel: 717-243-5838 Carlisle. Pennsylvania 17013 Fax• 717-243-6441 CARLISLE HOSPITALITY, L.P. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, Petitioner : PENNSYLVANIA BOARD OF ASSESSMENT APPEALS CUMBERLAND COUNTY Respondent NO. 2009-1345 CIVIL TERM CIVIL ACTION ORDER AND NOW, this a day of June, 2009, by agreement of Counsel, the above captioned case is CONTINUED GENERALLY, at the call of either party. By the rt, ,f6, Edgar B. Ba*ey, P. J. M. Feinberg, Esquire cc: '/ Feinberg Law Office 1390 Ridgeview Dr., Suite 301 Allentown, PA 181049065 For the Petitioner ./ Stephen D. Tiley, Esquire Frey and Tiley 5 South Hanover Street Carlisle, PA 17013 For the Respondent 1?p1,es rY um biro I ORDER - Carlisle Hospitality, L.P. Page 1 of I ?_ -.7 ??Y u , C'?? -- C'7 .C. ?_1 C.L : ' ? _ .. = L t_3 c=? CJ t°.?