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Home My WebLink About09-7346A Paul Tannenbaum, Esq. Pennsylvania Attorney ID No. 90592 ZIPP & TANNENBAUM, L.L.C. 166 Gatzmer Avenue Jamesburg, NJ 08831 Tel. No.: (732) 605-1000 Fax No.: (732) 605-0700 Attorney for MP Pennsylvania BP Portfolio. MP PENNSYLVANIA BP PORTFOLIO, Petitioner, V. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, MECHANICSBURG BOROUGH SCHOOL DISTRICT, and MECHANICSBURG BOROUGH, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09 - ~I,3??o tug C1 L ? CIVIL DIVISION -- LAW PARCEL ADDRESS and NO. 4500 Westport Drive Mechanicsburg Cumberland County Parcel No.: 13-10-0256-024 PETITION OF APPEAL TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, this day of , 2009, Petitioner MP Pennsylvania BP Portfolio, whose address is, c/o Inland Real Estate Group, P.O. Box 9271, Oak Brook, Illinois 60522 executes this appeal from the decision of the Cumberland County Board of Assessment Appeals, alleging as follows: 1. The Petitioner, MP Pennsylvania BP Portfolio, is the real and equitable owner of a certain parcel of real property located at 4500 Westport Drive, Mechanicsburg, Cumberland County, Pennsylvania, which parcel of real property bears the following designation and description on the records of the Cumberland County Assessor: Parcel Number 13-10-0256- 024 with a street address of 4500 Westport Drive, Mechanicsburg, Pennsylvania with a current total assessment of $5,624,580. 2. In accordance with the provisions relating to appeals to a County Board of Assessment of a Second Class County, Petitioner timely filed with the Board of Assessment Appeals of Cumberland County (hereinafter referred to as "the Board") a statement of intention to appeal its annual assessment for the above-mentioned tax parcel for years beginning on and after January 1, 2010, claiming that the assessed valuation placed on the same by the Cumberland County Assessor was over assessed relative to its actual value and common level of assessments. 3. By notice dated September 30, 2009 the Petitioner was informed that the Cumberland County Board of Assessment Appeals reduced the assessment on the subject property from $5,624,580 TO $5,537,000, effective January 1, 2010. (See Exhibit A attached hereto). 4. The assessment of the premises known as Parcel No. 12-10-0256-024 with a street address of 4500 Westport Drive, Mechanicsburg Pennsylvania, as fixed by the Board 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 premises. (b) The ratio of assessed value to actual value applied in making the assessment is in excess of the ratio applied through the taxing authority. (c) The assessment lacks uniformity. (d) The assessment is discriminatory. (e) The assessment is otherwise unjust and inequitable. WHEREFORE, the Petitioner requests that the Court review and reduce the assessments fixed for the taxable year 2010, for the premises known as Parcel No. 13-10- 0256-024, 4500 Westport Drive, Mechanicsburg, Pennsylvania and make such other orders and decrees with respect thereto as shall be just and proper. ?., 3 cs-ej Dated: '\-0 AUL TANNENBAUM, ESQ. 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. Sucher Chief Assessor R. Fred Hefelfinger Sarah Hughes STEPHEN D. TILEY Assistant Solicitor DECISION CARDER MAILING DATE: September 30, 2009 PARCEL NUMBER: 13-10-0256-024. MP PENNSYLVANIA BP PORTFOLIO PAUL TANNENBAUM, ESQ 166 GATZMER AVENUE JAMESBURG NJ 08816 Dear Property Owner: OCT 0 22 200 Y..................... 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: 09/29/2009 DATE DECISION RENDERED: 09/29/2009 EFFECTIVE FOR TAX YEAR: 2010 DECISION RENDERED: [ ] Withdrawn By Applicant [ ] 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: 5,624,580 New Assessed Value: 5,537,000 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 30, 2009. VERIFICATION PURSUANT TO 18 PA. C.S. 64909 I, Lori Ann Ogolini, hereby certify that I am President of Investors Property Tax Services, Inc., property tax manager for MP Pennsylvania BP Portfolio, and that I am authorized to execute this Verification on its behalf, and that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. §4909, relating to unswom falsification to authorities. Dated: pju?' k ?- LORI ANN OGOLTPA OF THE (jt-&AA +' 2069 OCT 2i AM 9-- 42 C A axva ?? 7?3 . s? ?? A?1? MNSN? eK? is?9.2? P,-:0- a sissy Paul Tannenbaum, Esq. Pa. Attorney ID No. 90592 ZIPP &TANNENBAUM, L.L.C. 166 Gatzmer Avenue Jamesburg, NJ 08831 Tel. No.: (732) 605-1000 Fax No.: (732) 605-0700 Attorney for Montgomeryville Associates MP PENNSYLVANIA BP PORTFOLIO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Petitioner, V. NO.: 09 - WOO CUMBERLAND COUNTY BOARD OF CIVIL DIVISION -- LAW ASSESSMENT APPEALS, CUMBERLAND COUNTY, MECHANICSBURG SCHOOL DISTRICT and MECHANICSBURG Defendants ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance for Petitioner, MP Pennsylvania BP Portfolio, in the above case. ZIPP & TANNENBAUM, LLC By: /Z---?? PAUL TANNENBAUM, ESQ. Pa. Attorney ID No. 90592 166 Gatzmer Avenue Jamesburg, NJ 08831 (732) 605-1000 Date: f c? Z c7 OF new+iorurr ZWOCT 26 Al! 9:42 "m "W", MP PENNSYLVANIA BP PORTFOLIO, IN THE COURT OF COMMON PLEAS OF PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA V. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, MECHANICSBURG BOROUGH SCHOOL DISTRICT AND MECHANICSBURG BOROUGH 09-7346 CIVIL TERM ORDER OF COURT AND NOW, this -Z k day of October, 2009, a hearing shall be conducted on the merits of the within appeal from an assessment at 8:45 a.m., Wednesday, February 10, 2010, in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the , Edgar B. Bayl y, J. Paul Tannenbaum, Esquire For Petitioner Stephen D. Tiley, Esquire Philip H. Spare, Esquire Edward Schorpp, Esquire y 61a 9/0 Cumberland County Assessment Office FILED-tJ Ficz OF THE ppoTHO JN+JT Y 2009 OCT 29 PIS 1: 5 7 P NSYL.VANI 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. Pennsvlvania 17013 Fax: 717-243-6441 MP PENNSYLVANIA BP PORTFOLIO, : IN THE COURT OF COMMON PLEAS Petitioner OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, MECHANICSBURG BOROUGH SCHOOL DISTRICT, AND MECHANICSBURG BOROUGH Respondents : NO. 2009-7346 CIVIL TERM ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Respondent, Cumberland County Board of Assessment Appeals, in the above captioned matter. Dated: /,2 .?Z®f ? Respectfully submitted, By ' - Stephen D. Tiley, Esquire Attorney for Cumberland County Board of Assessment Appeals 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.D.#32318 t? 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 MP PENNSYLVANIA BP PORTFOLIO, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, Petitioner : PENNSYLVANIA CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, NO. 2009-7346 CIVIL TERM CUMBERLAND COUNTY, MECHANICSBURG BOROUGH SCHOOL DISTRICT, AND MECHANICSBURG BOROUGH Respondents ANSWER AND NOW, comes Respondent, Cumberland County Board of Assessment Appeals, by Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor for Tax Matters, and files this Answer of which filing is a statement: 1. Admitted. By way of further Answer, the property is situate in Lower Allen Township and the assessment of $5,624,580, when divided by the applicable common level ratio of 79.1%, results in an implied fair market value of $7,110,721. 2. Admitted. However Cumberland County is a Fourth Class County, not a Second Class County. 3. Admitted. By way of further Answer, the Board's assessed value of $5,537,000 was as a result of a finding of a fair market value of $7,000,000. 4. Denied. The averments of this paragraph, and each of its lettered sub-paragraphs, set forth conclusions of law to which no responsive pleading is required. WHEREFORE, Respondent, Cumberland County Board of Assessment Appeals, prays Your Honorable Court for an Order denying the appeal of the Petitioner or for such other and further relief as the Court may deem just and proper. Dated: Respectfully submitted, By Stephen D. Tiley, Esquire Attorney for Cumberland County Board of Assessment Appeals 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: 111,-2-16) 9, Bo,(nie M. Mahoney, Chief Assessor Stephen D. Tiley, Esquire Supreme Court No. 32318 Attorney for Appellant Cumberland County Board of Assessment Appeals 5 South Hanover Street Tel: 717-243-5838 Carlisle. Pennsylvania 17013 Fax 717 243 6441 MP PENNSYLVANIA BP PORTFOLIO, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, Petitioner : PENNSYLVANIA CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, MECHANICSBURG BOROUGH SCHOOL DISTRICT, AND MECHANICSBURG BOROUGH : NO. 2009-7346 CIVIL TERM 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: Paul Tannenbaum, Esquire Attorney's for Petitioner Zipp & Tannenbaum, L.L.C. 166 Gatzmer Avenue Jamesburg, NY 08831 Andrew Blady, Esquire Attorney for West Shore School District P.O. Box 1389 Doylestown, PA 18901-4350 Steven P. Minor Esquire Attorney for Lower Allen Township Metzger Wickersham 3211 North Front Street Harrisburg, PA 17110 Date: ??ac??i.-, /..??Q?9 Stephen D. Tiley, Esquire Assistant Cumb. Co. Solicitor 5 S. Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D.#32318 r.. T " _ ?r EASTBURN AND GRAY, P.C. Mark S. Cappuccio, Esquire Attorney I.D. No. 46763 775 Penllyn Blue Bell Pike Blue Bell, PA 19422 (215)345-7000 MP PENNSYLVANIA BP PORTFOLIO, Attorneys for West Shore School District IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Petitioner vs. CUMBERLAND' COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, MECHANICSBURG BOROUGH SCHOOL DISTRICT and MECHANICSBURG BOROUGH NO. 09-7346 CIVIL TERM CIVIL DIVISION -LAW PARCEL ADDRESS AND NO. 4500 Westport Drive Mechanicsburg Cumberland County Parcel No. 13-10-0256-024 Respondents ANSWER OF WEST SHORE SCHOOL DISTRICT TO PETITION FOR APPEAL West Shore School District, by and through its attorneys, Eastburn and Gray, P.C., files this Answer to Taxpayer's Petition for Appeal, and avers as follows: 1. Admitted. By way of further answer, the property that is the subject of this appeal is located in West Shore School District and not in Mechanicsburg Borough School District as set forth Petitioner's caption. 2. Admitted in part and denied in part. It is admitted that the taxpayer filed with the Board of Assessment Appeals of Cumberland County ("Board") its appeal for tax years beginning on January 1, 2010, claiming that the property was overassessed. It is denied that Cumberland County is a second-class county and, if relevant, strict proof thereof is demanded. By way of further answer, Cumberland County is a county of the fourth class. 3. Admitted. 4. The averments set forth in paragraph 4 (a) - (e) are denied as conclusions of law to which no responsive pleading is required. WHEREFORE, Respondent/Intervenor, West Shore School District, respectfully requests that this Honorable Court deny the appeal of the Petitioner. EASTBURN AND GRAY, P.C. -, i F By: ` ark S. Ca uccio, Esquire Attorney I. D. No. 46763 775 Penllyn Blue Bell Pike Blue Bell, PA 19422 (215)345-7000 Attorneys for West Shore School District Date: November ~~{ , 2009 VERIFICATION Joan Anderson, Business Manager for the West Shore School District, verifies that the statements made in the attached Answer to Petition for Appeal are true and correct based upon her knowledge, information and belief. She understands 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: ~' // 9 D f C oan Anderson Business Manager West Shore School District ., :f'.. i , . , ; LE~9 ~i~°9 "~ f i ~~~ ~, a;-~~ EASTBURN AND GRAY, P.C. Mark S. Cappuccio, Esquire Attorney I.D. No. 46763 775 Penllyn Blue Bell Pike Blue Bell, PA 19422 (215)345-7000 MP PENNSYLVANIA BP PORTFOLIO, Attorneys for West Shore School District 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Petitioner vs. CUMBERLAND COUNTY BOARD OF ASSESSMF,NT APPEALS, CUMBERLAND COUNTY, MECHANICSBURG BOROUGH SCHOOL DISTRICT and MECHANICSBURG BOROUGH NO. 09-7346 CIVIL TERM CIVIL DIVISION -LAW PARCEL ADDRESS AND NO. 4500 Westport Drive Mechanicsburg Cumberland County Parcel No. 13-10-0256-024 Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Respondent/Intervenor, West Shore School District, in the above-captioned matter. EASTBURN AND GRAY, P.C. r ~~ ~ By: ,.~ , ark S. C puccio, Esquire Attorney I. D. No. 46763 775 Penllyn Blue Bell Pike Blue Bell, PA 19422 (215) 345-7000 Attorneys for West Shore School District .~_. ~,. ` _ .r II 2G~~ t'~Ry' .,~ ~~; ~~ .:3 G.~ ;~~~ ~°;, EASTBURN AND GRAY, P.C. Mark S. Cappuccio, Esquire Attorney I.D. No. 46763 775 Penllyn Blue Bell Pike Blue Bell, PA 19422 (215) 345-7000 MP PENNSYLVANIA BP PORTFOLIO, vs. Petitioner CUMBERLAND COUNTY BOARD OF OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, MECHANICSBURG BOROUGH SCHOOL DISTRICT and MECHANICSBURG BOROUGH, Respondents Attorneys for West Shore School District 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 09-7346 CIVIL TERM CIVIL DIVISION -LAW PARCEL ADDRESS AND NO. 4500 Westport Drive Mechanicsburg Cumberland County Parcel No. 13-10-0256-024 CERTIFICATE OF SERVICE I hereby certify that on November ~ 2009, I served true and correct copies of the Answer to Petition for Appeal by United States first class mail, postage prepaid, upon the following: Paul Tannenbaum, Esquire Zipp & Tannenbaum,L.L.C. 166 Gatzmer Avenue Jamesburg, NJ 08831 Attorneys for Petitioner Steven P. Miner, Esquire Daley, Zucker, Meilton, Miner & Gingrich, LLC 1035 Mumma Road, Suite 101 Wormsleyburg, PA 17043 Attorneys for Lower Allen Township and Stephen D. Tiley, Esquire Frey & Tiley 5 South Hanover Street Carlisle, PA 17013 Attorneys for Cumberland County EASTBURN AND GRAY, P.C. By. . ~~ 1Vf r'k S. Ca uccio, Esquire Attorney I. D. No. 46763 775 Penllyn Blue Bell Pike Blue Bell, PA 19422 (215)345-7000 Attorneys for West Shore School District Date: ~~,~' ~r ~ ~h 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 MP PENNSYLVANIA BP PORTFOLIO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Petitioner PENNSYLVANIA CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, MECHANICSBURG BOROUGH SCHOOL DISTRICT, AND MECHANICSBURG BOROUGH Respondents AND NOW, this ~~~ N0.2009-7346 CIVIL TERM ORDER day of ~C.c..1~-sZ , 2010, upon representation by Stephen D. Tiley, Esquire, counsel for Cumberland County Board of Assessment Appeals, that all parties have concurred to a general continuance of the above captioned matter, the Hearing scheduled for August 4, 2010 is cancelled and the matter is continued generally, at the call of any party, pending settlement negotiations. SDT/m cc: ,/~l Tannenbaum, Esquire rk S. Cappuccio, Esquire Stephen P. Miner, Esquire ~ephen D. Tiley, Esquire ~~~~- V ~~.~a~ ~d `~~ By the Court, Albert H. Masland, J. c {~~. ~_c.r ~~.~ - f ~ i G., '-.~ ~~ N c... c w 0 ^~~ t V .~._ Yi _ri'~i _~::~ ~.t ~, ;- ~; ~" ~1.J i ~'~ FILED-OFFiC ?R?, CIF THE PROTHONO 11-Art t Stephen D. Tiley, Esquire Attorney for Cumberland County Board of Assessment Appeals 5 South Hanover Street 2011 APR I I AM 10: 25 CUMBERLAND COUNTY PENNSYLVANIA MP PENNSYLVANIA BP PORTFOLIO, Petitioner CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, MECHANICSBURG BOROUGH SCHOOL DISTRICT, AND MECHANICSBURG BOROUGH Respondents Supreme Court I.D. No.32318 Tel: 717-243-5838 : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 2009-7346 CIVIL TERM STIPULATION AND JOINT MOTION FOR AGREED ORDER ItL AND NOW, this day of e11?0 2011, it is hereby Agreed and Stipulated by and between the Petitioner, MP Pennsylvania BP Portfolio, by its attorney, Paul Tannenbaum, Esquire; and Respondent, Cumberland County Board of Assessment Appeals, by its attorney, Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor for Tax Matters; and Respondent, West Shore School District, by its attorney, Mark S. Cappuccio, Esquire; and Respondent, Lower Allen Township, by its attorney, Steven P. Miner, Esquire; as follows: 1. Petitioner filed a "Petition of Appeal" on or about October 26, 2009. By Order of Court dated October 29, 2009, the Court set a Hearing date of February 10, 2010. By Order dated December 17, 2009, that Hearing date was cancelled and the Hearing was re-scheduled for May 5, 2010. By Order dated April 28, 2010, that hearing date was also cancelled, and the Hearing was re-scheduled for August 4, 2010. The parties have now settled this case. Stipulation and Joint Motion for Agreed Order - Page I of 5 MP Pennsylvania BP Portfolio 2. This assessment appeal relates to market value as of August 28, 2009, the date the appeal was originally filed before the Board of Assessment Appeals and year 2010 taxes. In year 2010 Cumberland County implemented a Countywide reassessment, effective for taxes imposed on and after January 1, 2011. The parties stipulate that this appeal shall be effective for the year 2010 Countywide reassessment valuation. The property which is the subject of this appeal consists of a warehouse known as 4500 Westport Drive, Mechanicsburg, Cumberland County, Pennsylvania, and situate in Lower Allen Township. The building consists of 179,620 square feet and is situate on 11.22 acres, more or less, of land. The property is further identified as Cumberland County Tax Parcel No. 13-10-0256-024. 4. The parties stipulate that the total fair market value of the property as of the date the original appeal was filed before the Board of Assessment Appeals, August 28, 2009, is $6,500,000. The parties stipulate that the total fair market value of the property for purposes of the year 2010 Countywide reassessment is $6,100,000. (a) As a result of the year 2004 Cumberland Countywide reassessment, the predetermined ratio for the tax year 2010 is 100% of year 2004 market value. The common level ratio published in June of 2009, applicable to the year 2010 assessment, is 79.1%. Since the common level ratio varies by more than 15% from the predetermined ratio, the common level ratio is used to arrive at the assessment of the property for tax year 2010. The parties stipulate that the assessment of the property for tax year 2010 shall be $5,141,500. (b) The Fourth through Eighth Class County Assessment Law makes subsequent years assessments automatically at issue so long as an appeal remains before the Court. The parties stipulate that the year 2010 Countywide reassessment value is at issue in the subject appeal. The predetermined ratio for the year 2010 Countywide reassessment value is 100% of year 2010 value. There is no common level ratio Stipulation and Joint Motion for Agreed Order - Page 2 of S MP Pennsylvania BP Portfolio applicable to the year 2010 Countywide reassessment value. The parties stipulate that for the year 2010 Countywide reassessment value, first applicable for taxes imposed in year 2011, the fair market value of the property is $6,100,000, the assessment shall be $6,100,000, and that assessment shall continue for future years until changed as provided by law. 6. The Cumberland County Assessment Office shall allocate the total assessment between land and improvements as provided by law and the procedures of the Cumberland County Assessment Office. The assessment applicable to the 2010 tax year, to wit: $5,141,500, shall be implemented beginning with year 2010 County and Municipal taxes, and ending with 2010/11 school real estate taxes. The year 2010 Countywide reassessment value of $6,100,000, and the assessment in that amount, shall be implemented beginning with year 2011 County and municipal taxes, and beginning with 2011/12 school real estate taxes. The year 2010 Countywide reassessment value of $6,100,000, shall be effective for tax years beginning on and after January 1, 2011, and shall continue thereafter unless and until changed as otherwise provided by law. 8. The Cumberland County Assessment Office shall promptly notify the appropriate taxing bodies of the change in assessment, and instruct the taxing bodies to make appropriate refunds. 9. Each party to this appeal shall bear its own costs. 10. The Court is requested to enter the proposed Order attached hereto. 11. The undersigned Attorneys each hereby warrant to the other, and to the parties, and to the Court, that he/she has reviewed this Settlement Stipulation with his/her Stipulation and Joint Motion for Agreed Order - Page 3 of 5 MP Pennsylvania BP Portfolio client or clients and that he/she has specifically been authorized to enter into this Settlement Stipulation by his/her client or clients. Respectfully Submitted, MP PENNSYLVANIA BP PORTFOLIO By--' Paul Tannen aum, Esquire Sup. Ct. ID 90592 Attorney for Petitioner, MP Pennsylvania BP Portfolio Zipp & Tannebaum, LLC 166 Gatzmer Avenue Jamesburg, NJ 08831 Tel. No. (732)-605-1000 CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS BY 17 Steph n D. Tiley, Esquire Assistant Cumb. Cty. Solicitor for Tax Matters Attorney for Cumberland County Board of Assessment Appeals Frey and Tiley 5 South Hanover Street Carlisle, PA 17013 Tel No. (717) 243-5838 Supreme Court ID# 32318 Stipulation and Joint Motion for Agreed Order - Page 4 of S MP Pennsylvania BP Portfolio WEST SHORE SCHOOL DISTRICT BY Mark . Cappu o, Esquire Sup. Ct. ID 46763 Attorney for Respondent, West Shore School District Eastburn & Gray 775 Penllyn Blue Bell Pike Blue Bell, PA 19422 Tel. No. (215) 345-7000 LOWER ALLEN TOWNSHIP By: Steven P. iner, Esquire Sup. Ct. ID 38901 Attorney for Lower Allen Township Daley Zucker, Meilton Miner & Gingrich, LLC 1035 Mumma Rd., Suite 100 Wormleysburg, PA 17043 Tel. No. (717) 724-9821 Stipulation and Joint Motion for Agreed Order - Page 5 of S MP Pennsylvania BP Portfolio s r MP PENNSYLVANIA BP PORTFOLIO, Petitioner CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, MEC HANICSBURG BOROUGH SCHOOL DISTRICT, AND MECHANICSBURG BOROUGH Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-7346 CIVIL TERM ORDER AND NOW, this c m -- ? i ma . 0 r= -am r- =?Q =C:> cn day o4el' 1, 2010, upon consideration of the attach.-d Stipulation and Joint Motion for Agreed Order, it is decreed and ORDERED that the fair market value of the property which is the subject of this appeal, as of the date of the original Petition to the Cumberland County Board of Assessment Appeals, to wit: August 28, 2009, is $6,500,000. The assessment for tax year 2010 is calculated by application of the Common Level Ratio of 79.1%. The assessment for tax year 2010 shall, therefore, be $5,141,500. For the year 2010 Countywide reassessment, first applicable for taxes beginning in year 2011, the fair market value of the property is fixed at $6,100,000. The Common Level Ratio is not applicable to the year 2010 Countywide reassessment valuation. The predetermined ratio of 100% of year 2010 value is applicable. Therefore, the assessment for tax year 2011, and thereafter until changed as provided by law, shall be $6,100,000. The Cumberland County Assessment Office shall allocate the said assessment between land and improvements, in accordance with law and the procedures of the Cumberland County Assessment Office, and shall instruct the taxing bodies to make appropriate refunds. The said Stipulation and Joint Motion for Agreed Order is incorporated herein. By h ourt, G? Albert H. Masland, Jr., J. SDT/tl V/Paul Tannenbaum, Esquire, Zipp & Tannenbaum, L.L.C. 166 Gatzmer Avenue, Jamestown, NY 08831 r Attorney for Appellants MP Pennsylvania BP Portfolio Mark S. Cappuccio, Esquire, Eastburn & Gray, P.C. 775 Penllyn Blue Bell Pike, Blue Bell, PA 19422 Copies, l• ff 1 a'l' Attorney for West Shore School District ? I 0.6 Steven P. Miner, Esquire, Daly, Zucker, Meilton, Minor & Gingrich, LLC, 1035 Mumma Rd., Suite 100, Wormleysburg, PA 17043 Attorney for Lower Allen Township Stephen D. Tiley, Esquire 5 South Hanover Street, Carlisle, PA 17013 Attorney for Cumberland County Board of Assessment Appeals