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Home My WebLink About01-0718IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ARNOLD TRANSPORTATION SERVICES, INC., Successor by name change to Lebamold, Inc. Petitioner CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Respondent NO. Or- CIVIL ACTION AT LAW NOTICE YOU HAVE BEEN SUED 1N 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 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 OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9 108 NOTICIA USTED HA SIDO DEMANDADA/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y nn fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTA DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 If you intend to participate in this proceeding in the Cumberland County Court, you must serve and file a notice of or application for intervention under Rule 1531 of the Pennsylvania Rules of Appellate Procedure within 30 days. Dated: February 5, 2001 Attorney I.D. #25810 Keefer Wood Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8015 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ARNOLD TRANSPORTATION SERVICES, INC., Successor by name change to Lebamold, Inc. Petitioner CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Respondent NO. c*/- ( ct 7 CIVIL ACTION AT LAW PETITION OF APPEAL FROM BOARD OF ASSESSMENT APPEALS OF CUMBERLAND COUNTY TO THE HONORABLE, THE JUDGES OF SAD COURT: The Petition of Arnold Transportation Services, Inc., Successor by name change to Lebamold, Inc. (hereinafter referred to as "Petitioner") respectfully represent: 1. Petitioner is the owner of properties located on Heinz Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania, identified as Tax Parcel Nos. 19-22-0144-001 and 19-22-0144-002A (hereinafter referred to as "Properties"). 2. Respondent is the Cumberland County Board of Assessment Appeals (hereinafter referred to as the "Board") appointed, organized, and existing pursuant to the General County Assessment Law, the Act of May 22, 1933, P.L. 853, as amended, 72 P.S. § 5020-101 et seq., and the Fourth to Eighth Class County Assessment Law, the Act of May 21, 1943, P.L. 571, as amended, 72 P.S. § 5453.101, et seq. 3. The Court has jurisdiction over this matter pursuant to Section 933 of the Judicial Code of 1976, 42 Pa. C.S. § 933 and 72 P.S. § 5453.704. 4. Petitioner timely filed an appeal with the Board to contest the assessment imposed on said Properties pursuant to the countywide revision of assessments currently underway in Cumberland County. 5. A heating was held before the Board on November 27, 2000. 6. By letters dated January 5,2001, the Board denied relief as requested by Petitioner and made no change in the reassessment valuation established by the Chief Assessor's Office. Said letters are attached hereto and made a part hereof collectively as Exhibit "A." 7. The Properties are two tax parcels, which were treated as one economic unit by the Board and were consolidated for the appeal to the Board. The revised assessment for 19-22-0144-001 is $11,994,060. The revised assessment for 19-22-0144-002A is $10,410,610. The total assessment for the Properties treated as one economic unit is 9. 10. $22,404,670. 11. The assessment finally fixed by the Board is erroneous, illegal, unconstitutional and unjust because: -2- a. The assessment imposed against the Properties is excessive and not in accord with the standard of "actual value" as prescribed by Section 402 of "The General County Assessment Law" (72 P.S. § 5020-402) or the standard of "actual value" or "current market value" prescribed by the Fourth to Eighth Class County Assessment Law, as amended (72 P.S. § 5453.602) and judicial decisions interpreting said standards of value. b. Said assessment is excessive, constitutes a taking without due process and is not uniform and equal in relation to the assessments of other properties in Cumberland County and does not accord with the statutes of the Commonwealth of Pennsylvania applicable thereto and violates Article I, Sections 9 and 10 and Article VIII, Section 1 of the Pennsylvania Constitution and the Fourteenth Amendment to the United States Constitution. 12. Petitioner is aggrieved by the action of the Board in assessing the Properties as averred above and will furnish proof of the unfair, illegal and discriminatory nature of said assessment at a hearing on this matter. WHEREFORE, Petitioner requests your Honorable Court pursuant to "The General County Assessment Law" and "The Fourth to Eighth Class County Assessment Law" to hear this Appeal and to make said Order and Decree with respect thereto as shall be just and reasonable and as shall establish the fight and proper assessment of value which is uniform and equal in -3- relation to the assessment of other similar property in Cumberland County and to make such other Orders and Decrees with respect thereto as shall be just and equitable. Dated: February 5, 2001 Respectfully submitted, KEEFER.~~f~WOOD AL N & RAHAL,~ LLP By Gary E-r'/Frencld, Esquire Attorney I.D. #25810 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8015 Attorneys for Petitioner -4- VERIFICATION Services, Inc. 2. The undersigned, Gary E. French, hereby verifies and states that: He is authorized to make this verification on behalf of Arnold Transportation The facts set forth in the foregoing Petition for Appeal are tree and correct to the best of his knowledge, information and belief', and 3. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. ~ Dated: February 5, 2001 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.A.P. 121 and Pa. R.A.P. 1514: Service by first class mail addressed as follows: Steven D. Tiley, Esquire Assistant Solicitor Cumberland County Board of Assessment Appeals Old Courthouse One Courthouse Square Carlisle, PA 17013 Dated: February 5, 2001~ G~E. Fr (/ ~"~~ ench, Esquire CTY OF CUIBERLAND ~;~nt by: TWF'IVI: OAKS CENTFR 717 240 6~ 4 "~'717 2.40 63X4 01131101 17:19 ~:02/05 N0~84 01/31/QI 16:03; ~ #474;Page 2/¢ Cumberland County Board of Assessment Appealm Old Courthouel} Dna Courthouse Square Carlisle, PA 17013 (717} 240-6350 (717) 240-~354 (fax) STEVEI~ [~, TiLEY AlS/Il'lei' ...... bJ[8- SlON ORDER MAILINQ DATE; January 5. 2001 PARCEL NUMBER: LEBARNOLIJ INC,~RPORAI ED 4410 INDUSTRIAl. PARK ROAD CAMP HiLL PA 17011 Dear Property Ow~er: This letter ~s to Officially notify you of the deuitlio, uf tl~e Cumberland County Board of Assessment Appeals DATE OF JM~I~EAI_ HIEARINO: 11/27/2000 DATE DECISION ~END£RED: 12107/2000 EFFECTIVE FOR TAX YEAR: 2001 DECISION RENDERED: [ ] Will'~dlaw[~ By AppliGant [ J Abandoned F~I Failure TO Appear EX] Denied - No Change [ ] Appreved ~mview Appraiser's Changes [ ] Other: TOTAL VALUE Did A, esesaad Valtla, New Assessed Value' FAIR MARKET CLEAN AND QREEN 11,994.06~ NOT 11,994,0f~0 APPLICABLE CLEAN AND OREEN STATUS Any person aggrm~ed by the order of the Boar~J of Assessment may appeal Io the Court of Common Peas by flhng a petition in the Prolhonotary a office on or before Fobruary 0~, 2001 RECEZVED DATE : 01/31/01 16:17 FROM :717+985+0632 CTY OF CUIBERLAND Dy: TWFL. VE OAKS CFNTER 717 248 6~ 4 ~717 240 63~4 717+S85+0~32; 01131101 17:190:03105 N0:384 01/31/01 18:03; ~ #474;Page 3/~ Cumberland County Board of Asaemmment Appealm Old Courthous. One Courthouse Square Carlisle, PA 17'013 (717) 240-6350 (71'/) 240 6366, (fax) $'I*EVEN D. TtLEY MAILING DATE: January 5, 2001 PARCEl. NUMBER: lg-2z-0144-002A LEEARNOLD I NC,:)I~P L") RATED 4410 INDUS'i'RIAI PARK ROAD CAMP HILL HA 17011 Dear Property Owner: Tt~ia letter ~s to o~=ielly notify yOU of the decimion of the Cumberla['~d County BoarQ of Assass~nenl Appeals regarding the abo~e-ra~'ereqced pe~c~l. DATE OF APPEl- HEARING: 11 ~27~2000 DATE DECISION ~i~ENDERED: 121011200~ EFFECTIVE FOR TAX YEAR: 2001 DECISION RENDF. RED: [ ] Withdrawn By Applicant [ ] kDanr~oner. J For Failure To Appear [X] Omnie~ - No Change [ ] ~proved Review Appraisers Changes [ ] Other; TOTAL VALUE Old Aseessecl V.~lue: New Assessed V~lue FAIR MARKET 10,410.61~ 10.410,610 CLEAN AND GREEN CLEAN AND gREEN STATUS NOT APPLICABLE ~,ny psr~o~ ag[~na,~ed by Ihs order of' the Board of Asseas.~ent may appeal to the Court of Common i~lees ~y/ilin(~ a petition In the Prothono/ar¥'~ office on or before February 04, 2001. RE£E[VED DATE : 01/31/01 16:17 FROM :717+985+0632 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ARNOLD TRANSPORTATION SERVICES, INC., Successor by name change to Lebamold, Inc. Petitioner CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Respondent NO. 01-718 CIVIL ACTION AT LAW ORDER AND NOW, this /0'~ day of February, 2001, upon consideration of the Petition of Appeal from Board of Assessment Appeals of Cumberland County filed in the above matter, it is /5.-3 hereby ordered and decreed that a hearing be set for ~,~zxa/a~/ , ~;)r~'(x?, (~ , 2001, at t,' 30 /O .M., in Courtroom No. ~_, to take evidence on the issues raised in said Petition. Service of this Order to be made by Petitioner upon Respondent and Respondent's counsel within ten (10) days of the date hereof. ARNOLD TRANSPORTATION SERVICES, INC., Successor by name change to Lebamold, Inc., Petitioner VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-718 CIVIL CIVIL ACTION - LAW ORDER AND NOW, this d, o '- day of March, 2001, at the request of counsel, hearing in the above captioned matter set for April 6, 2001, is continued generally. BYTHECOURT, Gary E. French, Esquire For the Petitioner Stephen Tiley, Esquire For Respondent :rim ~d~idA. } ess, J. ARNOLD TRANSPORTATION SERVICES, INC., Successor by name change to Lebarnold, Inc., Petitioner VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 200t-718 CIVIL TERM CIVIL ACTION - LAW STIPULATION AND JOINT MOTION FOR AGREED ORDER AND NOW, this--<~,Z'o~/~ day of/--/'//'~,~-~w--~--~ ,2001, is hereby agreed and stipulated between Petitioner, Arnold Transportation Services, Inc., by its attorneys, Keefer Wood Allen & Rahal, LLP, and Respondent, Cumberland County Board of Assessment Appeals, by its attorney, Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor, as follows: 1. Petitioner filed a Petition of Appeal from Board Assessment Appeals of Cumberland County on or about February 5, 2001 to which a Order dated March 20, 2001 was entered continuing the matter generally. The parties have now reached a settlement in this case. 2. This assessment appeal relates to the market value applicable to the year 2001 as a result of the year 2000 Countywide reassessment. 3. The property which is the subject of this appeal is composed of a single economic unit that formedy was two tax parcels but is now a single tax parcel. The appeal is applicable to Cumberland County tax parcels 19-22-0144-001 and 19-22-0144-002A, both of which parcels have now been merged into the parcel known as 19-22-0144-001. The property is situate on Heinz Street in the Borough of Mechanicsburg, Cumberland County, Pennsylvania and is a warehouse/distribution center. 4. The parties stipulate that the total market value of the subject property as of the date of the original petition to the Cumberland County Board of Assessment Appeals and as of January 1, 2001, is $21,323,850.00. 5. The common level ratio as certified by the State Tax Equalization Board on or before July 1, 2001, of 6.3%, is inapplicable due to the Countywide reassessment. 6. The predetermined ratio effective as of January 1, 2001 is 100% of year 2000 value. The parties stipulate that year 2000 value is $21,323,850.00 for the subject premises. Therefore the assessment as of January 1, 2001 shall be fixed at the stipulated market value of $21,323,850.00. 7. The Cumberland County Assessor's Office shall allocate the total assessment between land and improvements as provided by law and the procedures of the Cumberland County Assessment Office. 8. The $21,323,850.00 assessment shall be effective for tax years beginning on and after January 1,2001 and shall remain unchanged unless and until changes as otherwise provided by law, and shall be implemented beginning with the 2001 county and municipal taxes an beginning with the 2001-02 school real estate taxes. 9. The Cumberland Count Assessment Office shall promptly notify the appropriate taxing bodies of the change in assessment, and instruct the taxing bodies to make any appropriate refunds. 10. Each party to this appeal shall bear its own costs. 11. The Court is requested to enter the proposed Order attached hereto. 12. The undersigned Attorneys each hereby warrant to the other and to the parties and to the Court that he has reviewed this Settlement Stipulation with his client or clients and that he has specifically been authorized to enter into this Settlement Stipulation by his client of clients. Respectfully Submitted, PETITIONER, ARNOLD TRANSPORTATION SERVICES, iNC. BY:Ga~"-~.u3~ Frj~ch,~ Keefer Wood Allen & Rahal LLP 210 Walnut Street Harrisburg, PA 17101 RESPONDENT, CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS · Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor Attorney for Respondent ARNOLD TRANSPORTATION SERVICES, INC., Successor by name change to Lebarnold, Inc., Petitioner VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Respondent ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-7'18 CIVIL TERM CIVIL ACTION - LAW AND NOW, this ~" day of ~-~:4-~- ,2001, upon consideration of the within Stipulation and Joint Motion for Agreed order, it is Decreed and Ordered that the total market value of the subject property (tax parcel nos. 19-22-0144-001 and 19-22- 0144-002A now merged into 19-22-0144-001) as of the date applicable to this proceeding is $21,323,850.00. As a result of the year 2000 Countywide reassessment, effective January 1,2001, the common level ratio is not applicable to said reassessment which shall be fixed at the new predetermined ratio of 100% of year 2000 value. The year 2000 value shall be fixed at $21,323,850.00 and therefore the total assessment of the property for tax years beginning on and after January 1,2001, and thereafter until changed as provided by law, shall be $21,323,850.00. The Cumberland County Assessment Office shall allocate the said total assessment between land and improvements as provided by law. and by the procedures of the Cumberland County Assessment Office. The Cumberland County Assessment Office shall promptly notify the appropriate taxing bodies of the change in assessment. BY THE COURT