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HomeMy WebLinkAbout10-2073IN THE COURT OF COMMON PLEAS E p ?-- ;?.40TAPY OF CUMBERLAND COUNTY, PENNSYLVANIA 2010 MA `? X11 2: 5 I CIVIL ACTION - LAW CABOT INDUSTRIAL PROPERTIES, LP c/o RREEF DEXUS INDUSTRIAL Appellant Parcel No. 10-21-0285-001 Property: 6350 Brackbill Blvd. Mechanicsburg, PA VS. THE BOARD OF ASSESSMENT APPEALS OF CUMBERLAND COUNTY,: Appellee - ? Ik No. lp -uI3 Cwt I Term REAL ESTATE TAX ASSESSMENT APPEAL PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter my appearance on behalf of the Petitioner, CABOT INDUSTRIAL PROPERTIES, LP c/o RREEF DEXUS INDUSTRIAL. CURETON DATED: 3-?? Q:\6404_RREEF\6404.001_RREEF-CUMBERLAN\Pleadings\praecipe for entry of appearance.doc IAN-D, VID SCHWARZSCHILD (PA ID 576) 3000 Midlantic Drive, Suite 200 Mt. Laurel, New Jersey 08054 (856) 824-1001 Attorney for Petitioner #U. oo Pt 01V_* W-5x, U* a39415 ATt Y YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CABOT INDUSTRIAL PROPERTIES, LP c/o RREEF DEXUS INDUSTRIAL : Appellant No. tt 6`73 c N'' Inc, Parcel No. 10-21-0285-001 Property: 6350 Brackbill Blvd. Mechanicsburg, PA VS. THE BOARD OF ASSESSMENT APPEALS OF CUMBERLAND COUNTY,: REAL ESTATE TAX ASSESSMENT APPEAL Appellee APPEAL FROM THE DECISION OF THE CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS The Appellant, CABOT INDUSTRIAL PROPERTIES, LP c/o RREEF DEXUS INDUSTRIAL (the "Appellant"), by and through its counsel, Glen-David Schwarzschild, Esquire, hereby files the within Real Estate Tax Assessment Appeal (the "Appeal"), and avers the following: 1. The Appellant is a limited partnership, authorized to do business in the Commonwealth of Pennsylvania, with a mailing address of 875 N. Michigan Avenue, 41" Floor, Chicago, IL 60611 and is the owner of the premises which are the subject of this Appeal. 2. The Appellee under this Appeal is the Board of Assessment Appeals of Cumberland County (the "Board"). Cumberland County (the "County") is a Fourth Class (7) County. The Board is appointed pursuant to the General County Assessment Law, 72 P. S. § 5020-101, et seq. (The "General County Assessment Law") and 72 P. S. § 5342, et seq., as amended. 3. The Appellant (a) is the real owner of real property situated at 6350 Brackbill Blvd., Mechanicsburg, Cumberland County, Pennsylvania, (the Premises"), identified by the Board as Parcel No. 10-21-0285-001 and (b) is fully authorized and fully empowered to bring this appeal. 4. The Premises is an industrial building consisting of 259,200 sq. ft. 5. The Premises was appraised and assessed by the Board for ad valorem real property tax, for periods commencing on and after January 1, 2010, and for Cumberland County purposes at 8,900,000 (the "Assessment"). 6. On or about September 1, 2009, Appellant filed an appeal with the Board. 7. Thereafter, on. February 18, 2010, the Board held a hearing on the Application. At which time the Appellant requested a reduction in the assessment to 4,646,500. 8. On the mailing date of February 22, 2010, the Board issued its decision on the Application, reducing the assessment to 5,537,000. A true and correct copy of the Final Notice is attached hereto, marked Exhibit "A" and made a part hereof. 9. The Assessment as made, and as affirmed by the Board pursuant to the Final Notice is improper, unjust and not in conformity with applicable law because: a. The Assessment represents a value of the Premises which is greater than its fair market value, taking into account the price which a purchaser willing but not obligated to buy would pay an owner, willing but not obliged to sell, taking into consideration all uses for which the Premises is adapted and might reasonably be applied; b. The Assessment is not comparable with assessments or other similar real estate in the vicinity of the Premises; C. The Assessment represents a value in use of the Premises and not its fair market value in exchange and cannot be considered in the methodology of valuation of the Premises for ad valorem tax purposes; d. The Assessment violates Article Eight, Section One, of the Pennsylvania Constitution by failing to assess the Premises on a uniform basis with properties comparable to the Premises; e. The Assessment violates the requirement that taxes must be assessed and applied at a uniform rate and paid on a uniform basis on the same class of subjects with substantial equality of the tax burden to all members of the same class; f. The Assessment violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution because of the disparity of the Assessment of the Premises with comparable properties; g. The Assessment and its valuation of the Premises is contrary to applicable law by failing to equalize the fair market value of the Premises with other similar properties within the , taxing district of which the Premises is a part; and h. The Assessment and its valuation of the Premises is arbitrary and unreasonable when compared with comparable and neighboring properties which have been systematically undervalued. i. The Premises is worth, and has a fair market value of not more than $5,875,000, and therefore, for 2010 ad valorem tax purposes, with the application of the relevant common level ratio, should be assessed commencing January 1, 2010 at no more than 4,646,500 For each tax year under appeal the appropriate common level ratio should be applied. 10. The Appellant is aggrieved by the action of the Board and the Assessment of the Premises. WHEREFORE, the Appellant, by and through its counsel, respectfully requests this Honorable Court, in accordance with The General County Assessment Law and 72 P.S. § 5342, to hear this appeal and to render an appropriate, just, and equitable Order and Decree with respect to this Appeal. CURETON CLARK, P.C. 3000 Midlantic Driv Suite 200 Mt. Laurel, New s 4 (856) 8224-10 G -D SCHWARZSCHILD, ESQ. A ID 5576 Attorneys for Appellant Dated: 7i3?1 VERIFICATION Glen-David Schwarzschild, Esq., hereby verifies that he is an attorney for CABOT INDUSTRIAL PROPERTIES, LP c/o RREEF DEXUS INDUSTRIAL, Appellant in the instant action, and that as such counsel, he is authorized to make, and possesses sufficient information and belief to make the within Verification on behalf of the Appellant; and further, that the facts set forth in the foregoing Petition for Appeal from the Decision of the Cumberland County Board of Assessment Appeals are true and correct to the best of his information and belief. This Verification is made pursuant to Pennsylvania Rule of Civil Procedure No. 1024(c), inasmuch as the otherwise-authorized signatory officers, agents, servant, and/or employees of the Appellant, on whose behalf the Real Estate Assessment Appeal is filed, are outside the jurisdiction of the Court and the Verification of none of them can be obtained within the time allowed for filing the Appeal. The information regarding the facts set forth in the foregoing Real Estate Tax Assessment Appeal have been derived from a thorough review of public records, pleadings, correspondence and other documents in the custody and possession of the undersigned counsel for the Appellant, as well as from prior conversations with agents, servants, and/or employees of the Appellant concerning the subject matter of the Real Estate Tax Assessment Appeal. This Verification is further made subject to the penalties set forth in 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. Dated: J 2?31 i Q. 16404_RREER6404.001_RREEF-CUMBERLAMPleadings\Real Estate Tax Assessment Appeal.doc ---- ------ ------------ t Cumberland County Board of Assessment Appeals Old Courthouse One Courthouse Square Carlisle, PA 17013 (717) 240-6350 (717) 240-6354 (fax) Board of Assessment Appeals Lloyd W. Bucher Albert Petedin Allen Shank r{zd? FED 2 4 ZDIO BY:- _ d BONNIE M. MAHONEY Chief Assessor STEPHEN D. TILEY Assistant Solicitor DECISION. ORDER MAILING DATE: February 22, 2010 PARCEL NUMBER: 10-21-0285-001. CABOT INDUSTRIAL PROPERTIES LP GLEN-DAVID SCHWARZSCHILD, ESQ CURETON CLARK, P.C. 3000 MIDLANTIC DRIVE, STE 200 MT. LAUREL NJ 08054 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: 02/18/2010 DATE DECISION RENDERED: 02/18/2010 EFFECTIVE FOR TAX YEAR: 2010 DECISION RENDERED: (] Withdrawn By Applicant [) Abandoned For Failure To Appear [ ] Denied - No Change [) Approved Review Appraiser's Changes [X] ReAsed Assessment Based on Hearing [J. Other: TOTAL VALUE FAIR MARKET CLEAN AND GREEN CLEAN AND GREEN STATUS Old Assessed Value: 8,900,000 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 March 24, 2010. t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CABOT INDUSTRIAL PROPERTIES, LP c/o RREEF DEXUS INDUSTRIAL Appellant No. Parcel No. 10-21-0285-001 Property: 6350 Brackbill Blvd. : Mechanicsburg, PA vs. THE BOARD OF ASSESSMENT APPEALS OF CUMBERLAND COUNTY,: REAL ESTATE TAX ASSESSMENT APPEAL Appellee CERTIFICATION OF SERVICE I, Glen-David Schwarzschild, Esquire, certify that I served or caused to be served a true and correct copy of the within Notice, Praecipe for Entry of Appearance, Appeal, and Certification of Service and accompanying documents: Via Overnight Delivery: Cumberland County - Prothonotary Cumberland County Offices 1 Courthouse Square Carlisle, PA 17013 Via Regular Mail: Clerk, Cumberland County Board of Assessment Mechanicsburg Borough Office Old Courthouse 36 W. Allen Street One Courthouse Square Mechanicsburg, PA 17055 Carlisle, PA 17013 Solicitor County of Cumberland -Solicitor's Office 36 W. Allen Street Mechanicsburg, PA 17055 MECHANICSBURG AREA School district 100 E Elmwood Avenue Mechanicsburg, PA 17055 A Sc6wi m" schild, Esquire Q:\6404_RREEF\6404.001_RREEF-CUMBERLAN\Flesdings\Cert of Service.doc CABOT INDUSTRIAL PROPERTIES, IN THE COURT OF COMMON PLEAS OF LP c/o RREEF DEXUS INDUSTRIAL, CUMBERLAND COUNTY, PENNSYLVANIA APPELLANT V. THE BOARD OF ASSESSMENT APPEALS OF CUMBERLAND COUNTY, APPELLEE 10-2073 CIVIL TERM ORDER OF COURT AND NOW, this day of March, 2010, a hearing shall be conducted on the merits of the within appeal from an assessment at 9:30 a.m., Wednesday, July 14, 2010, in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, A be H. Masland, J. ? David Schwarzschild, Esquire For Appellant -, Stephen D. Tiley, Esquire Cumberland County Assessment Office :sal 77 ? x- =n 313?/?? r^ 4?. J??. 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 Pen~lvania 17013 Fax: 717-243-6441 CABOT INDUSTRIAL IN THE COURT OF COMMON PLEAS PROPERTIES, LP OF CUMBERLAND COUNTY, c/o RREEF DEXU5 INDUSTRIAL PENNSYLVANIA Appellant N0.2010-2073 CIVIL TERM c' -a v.s ~-- (~'! r;' ~ i-(l C ~ ~ ~ _ k ~ : ~ _aa ~ R . - ~r c _ ':: C : ~ ~ ~ ~~ ~~ Parcel No. 10-21-0285-001 Property: 6350 Brackbill Blvd. Mechanicsburg, PA vs. THE BOARD OF ASSESSMENT APPEALS of CUMBERLAND COUNTY, REAL ESTATE TAX ASSESSMENT APPEAL Appellee 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:~~G .~ ~pj~ Respectfully submitted, By '~ v'`'im Step en D. iley, Esquire Attorney for Cumberland County Board of Assessment Appeals 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.D.#32318 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 CABOT INDUSTRIAL IN THE COURT OF COMMON PLEAS PROPERTIES, LP OF CUMBERLAND COUNTY, c% RREEF DEXUS INDUSTRIAL PENNSYLVANIA . ~ a Appellant -rf ~- c~_,. NO.2010-2073 CIVIL TERM ~' `r:' Parcel No. 10-21-0285-001 `y 'r- ' v~ Property: 6350 Brackbill Blvd. r= t=-= Mechanicsburg, PA ~ ~. ~ t ' ;: ' <<= ' vs. THE BOARD OF ASSESSMENT APPEALS of CUMBERLAND COUNTY, REAL ESTATE TAX ASSESSMENT APPEAL Appellee ANSWER ..~ i_ ~., ~~, ~-„ -r _-, 4- -:f-, ;-+ `~- ~: AND NOW, comes the Cumberland County Board of Assessment Appeals, by Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor for Tax Matters, and files this Answer to Appellant's "Appeal of the Decision of Cumberland County Board of Assessment Appeals" of which the following is a statement: 1. Admitted with the clarification that the taxpayer's address on the assessment records is: "Cabot Industrial Properties, LP, c/o Eproperty Tax, P.O. Box 4900, Dept. 207, Scotsdale, AZ 85261-4900." The address on the assessment records will not be revised without a specific request to the Assessment Office to change that address. 2. Admitted in part. Denied in part. The averments of this paragraph are admitted except that the applicable statutes are the General County Assessment Law and The Fourth to Eighth Class County Assessment Law (72 P. S. §5453.101 et seq.) 3. Admitted in part. Denied in part. The averments of this paragraph, are admitted except that Cabot Industrial Properties, L.P. is the Appellant and owner of the properties, not "Cabot Industrial Properties, LP, c/o RREEF Dexus Industrial." 4. Admitted. 5. Admitted. By way of further clarification, the $8,900,000 assessment set forth in paragraph 5 of the appeal is the year 2004 assessment to be used for the 2010 tax year. It is unrelated to the year 2010 Countywide reassessment value which will be first used for taxes in year 2011. 6. Admitted. 7. Admitted in part. Denied in part. The averments of this paragraph are admitted except that taxpayer requested, at the Board Hearing, a valuation of $5,870,000. By application of the current Common Level Ratio of 39.1%, that requested valuation would result in an assessment of $4,643,170, slightly less than the amount set forth in paragraph 7 of the Appeal. 8. Admitted. By way of further Answer, the Board reduced the fair market value of the property to $7,000,000. By application of the current Common Level Ratio of 79.1%, that $7,000,000 market valuation resulted in a reduced assessment to $5,537,000, as set forth in paragraph 8 of the Appeal. 9. Denied. The averments of paragraph 9 and each of its lettered sub-paragraphs, set forth conclusions of law to which no responsive pleading is required. By way of further Answer, the within appeal applies for tax assessments for the tax tear 2010, for which the Common Level Ratio is applicable. Cumberland County is currently in the process of a Countywide reassessment. This case will continue after the appeal period has expired for the notices issued pursuant to the Countywide reassessment. As such, the Countywide reassessment value will automatically become at issue in this appeal. For the Countywide reassessment value, the valuation date is January 1, 2010, there will be no Common Level Ratio applicable, and the predetermined Ratio will remain 100%, meaning that for the Countywide reassessment the market value established as of January 1, 2010 will be one and the same as the assessment. 10. Admitted in part. Denied in part. It is admitted that the Appellant has an interest in the property and standing to bring this appeal. It is denied that it is aggrieved by the decision of the Board of Assessment Appeals as that decision established a market value for the property which is at, or below, the actual fair market value of the property. WHEREFORE, Appellee, Cumberland County Board of Assessment Appeals, prays Your Honorable Court for an Order denying Appellant's appeal or establishing the fair market and assessment of the property in such amount as the Court may deem just and proper. Dated: ~ ~~~ Respectfully submitted, a, ~ ~~ 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 CABOT INDUSTRIAL PROPERTIES, LP c/o RREEF DEXUS INDUSTRIAL Appellant Parcel No. 10-21-0285-001 Property: 6350 Brackbill Blvd. Mechanicsburg, PA vs. THE BOARD OF ASSESSMENT APPEALS of CUMBERLAND COUNTY, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2010-2073 CIVIL TERM REAL ESTATE TAX ASSESSMENT APPEAL 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: Glen-David Schwarzschild, Esquire Atty. I.D. #45576 Attorney's for Appellant Cureton Clark, P.C. 3000 Midlantic Dr., Suite 200 Mt. Laurel, NJ 08054 Keith O. Brenneman, Esquire Solicitor for Hampden Township Snelbaker & Brenneman 44 West Main Street Mechanicsburg, PA 17055 Jerry R. Duffie, Esquire Solicitor for Cumberland Valley School District Johnson Duffie 301 Market Street Lemoyne, PA 17043 Date: ~~ ~ ~D/~ 2 v Stephen D. Tiley, Esquire Assistant Cumb. Co. Solicitor 5 S. Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D.#32318 CABOT INDUSTRIAL PROPERTIES, : 1N THE COURT OF COMMON PLEAS OF LP c!o RREEF DEXUS INDUSTRIAL, :CUMBERLAND COUNTY, PENNSYLVANIA APPELLANT V. THE BOARD OF ASSESSMENT APPEALS OF CUMBERLAND COUNTY, APPELLEE 10-2073 CIVIL TERM AND NOW, this ORDER OF COURT day of September, 2010, the hearing currently scheduled for October 20, 2010, is cancelled and rescheduled to commence at 8:45 a.m., Friday, January 14, 2011, in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, r Albert H. Maslan , J. ~ Glen-David Schwarzschild, Esquire For Appellant tephen D. Tiley, Esquire For Appellee /~eith O. Brenneman, Esquire For Hampden Township ~ry R. Duffie, Esquire For Cumberland Valley School District Cumberland County Assessment Office saa l: SJ t~s~ I'1~2.~~ 4 a~tv '-'~ ~~ ~~ r~ `~ ... n ~~`' c ~`- ~~a ` ~o ~ =~ ~ ~ -~~ ~:n CABOT INDUSTRIAL PROPERTIES, LP c/o RREEF DEXUS INDUSTRIAL, APPELLANT V. THE BOARD OF ASSESSMENT APPEALS OF CUMBERLAND COUNTY, APPELLEE AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 10-2073 CIVIL TERM ORDER OF COURT day of September, 2010, the hearing currently scheduled for January 14, 2010, is cancelled and rescheduled to commence at 8:45 a.m., Wednesday, January 12, 2011, in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, r Albert H. Masland, J. Glen-David Schwarzschild, ESQUIRE For Appellant Stephen D. Tiley, Esquire For Appellee /K ith O B e . renneman, Esquire 7 For Hampden Township r: ~' n Jerry R. Duffie, Esquire `-r 1 '.... ....,, LL For Cumberland Valley School District 1--66-mberland County Assessment Office C_ XM _- JJ :saa -? -- < 0.0 n2?c CABOT INDUSTRIAL PROPERTIES, LP c/o RREEF DEXUS INDUSTRIAL Appellant Parcel No. 10-21-0285-001 Property: 6350 Brackbill Blvd. Mechanicsburg, PA VS. THE BOARD OF ASSESSMENT APPEALS of CUMBERLAND COUNTY, Appellee . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-2073 CIVIL TERM r-., m r r7i --': r :fro r _<> O REAL ESTATE TAX ASSESSMENT APPEAL ORDER OF COURT AND NOW, this #99-4 day of January, 2011, upon representation by Stephen D. Tiley, Esquire, counsel for the Appellee, that the parties have agreed to a general continuance, the Hearing previously scheduled for January 12, 2011 cancelled, and the matter is continued generally at the call of any party. BY THE COURT: J ? Albert H. Masland, J. cc: Glen-David Schwarzschild, Esquire for Appellant /Stephen D. Tiley, Esquire for Appellee Keith O. Brenneman, Esquire for Hamden Township A A ,,n l" ` co es 1101" 1)0 / Jerry R. Duffle, Esquire for Cumberland Valley School District Glen-David Schwarzschild, Esquire (PA ID 45576) Law Offices of Glen-David Schwarzschild, LLC 1050 N. Kings Highway, Suite 102 Cherry Hill, New Jersey 08034 glens@glenslaw.com 856-324-0677 856-324-0863 fax Attorneys for Plaintiff TA ioIIMAR ?5 Paf2: COl1l?T f' ?LI PENNS Y?p MANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CABOT INDUSTRIAL PROPERTIES, LP c/o RREEF DEXUS INDUSTRIAL Appellant No. 2010-2073 Parcel No. 10-21-0285-OOIB Property: 6360 Brackbill Blvd. Mechanicsburg, PA VS. THE BOARD OF ASSESSMENT APPEALS OF CUMBERLAND COUNTY,: REAL ESTATE TAX ASSESSMENT APPEAL Appellee PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY/CLERK OF SAID COURT: Enter my appearance on behalf of CABOT INDUSTRIAL PROPERTIES, LP c/o RREEF DEXUS INDUSTRIAL. Papers may be served at the address set forth below. DATED: / /?I? LAW OFFICE 5,0F GLEN-DA W S EN-D WARZSC (PA ID 45576) 1050 North Kings Highway, S Cherry Hill, New Jersey 0803 4 856-324-0677 856-324-0863 fax Attorney for Appellant CHILD, LLC HILD uite 102 PRAECIPE FOR WITHDRAWL OF APPEARANCE TO THE PROTHONOTARY/CLERK OF SAID COURT: Withdraw my appearance on behalf of CABOT INDUSTRIAL PROPERTIES, LP c/o RREEF DEXUS INDUSTRIAL. Glen-David Schwarzschild, Esq. of the Law Offices of Glen-David Schwarzschild, LLC has entered his/her appearance for the aforementioned party. I hereby certify that this change of attorneys is not intended to, nor will it delay this proceeding to the best of my knowledge, information and belief. CURETON CI,AUVP.C. DATED: GLEN-DAV ACN ZSC1 (PA ID 45576) 3000 Midlantic Drive, Suite 200 Mt. Laurel, New Jersey 08054 (856) 824-1001 (856) 824-1008 Fax Attorney for Appellant gArreeff cabotkntry - wd of appearance.doc S CABOT INDUSTRIAL PROPERTIES, LP c/o RREEF DEXUS INDUSTRIAL Appellant Parcel No. 10-21-0285-001 Property: 6350 Brackbill Blvd. Mechanicsburg, PA VS. THE BOARD OF ASSESSMENT APPEALS of CUMBERLAND COUNTY, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-2073 CIVIL TERM , -?? y r TC. CJ A O -n n. Z © q r'rT REAL ESTATE TAX ' ASSESSMENT APPEAL ORDER AND NOW, this ` day of/A/(/,f(011, upon consideration of the attached 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: September 1, 2009, is $6,480,000. 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 $5,125,680. For the year 2010 Countywide reassessment, first applicable for taxes beginning in year 2011, the fair market value of the property is fixed at $6,480,000. 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 $6,480,000. 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 the Court, Albert H. Masland, J. SDT/tl ?GlenJ?-David Schwarzschild, Esquire 1050 N. Kings Highway, Suite 102, Cherry Hill, NJ 08034 Attorney for Appellants Cabot Industrial Properties, LP rKeith O. Brenneman, Esquire 44 West Main Street, Mechanicsburg, PA 17055 /Jerry R. Duffie, Esquire 301 Market Street, Lemoyne, PA 17043 %pla5 q? 81 ?Do / Stephen D. Tiley, Esquire ./ 5 South Hanover Street, Carlisle, PA 17013 Attorney for Cumberland County Board of Assessment Appeals