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Home My WebLink About10-6256ILtr 3 AAB KEY LOGISTICS, LLC, JJC KEY LOGISTICS, LLC, LPT KEY LOGISTICS, LLC, AND MRW KEY LOGISTICS, LLC, APPELLANTS V. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, APPELLEE V. PENN TOWNSHIP AND BIG SPRING SCHOOL DISTRICT, RESPONDENTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA c_a o .~ ~ _~ ~ ~ c~ ~ ~= ~q~ ` ~~ _ ~~ ~~ ~y ~,~ ~ .~._ °'' _ c~ 10-6256 CIVIL ORDER OF COURT AND NOW, this 4th day of October, 2010, the appeal hearing in the above referenced case has been assigned to this Court. Prior to setting an actual hearing date, IT IS HEREBY ORDERED AND DIRECTED that the parties in this case file apre-trial memorandum with the Court on or before December 13, 2010, in the following format: I. A concise statement of factual issues to be decided at the hearing. II. A list of witnesses the party intends to call at the hearing along with a concise statement of their anticipated testimony. III. A list of all exhibits each party anticipates presenting at the hearing. IV. A statement of any legal issues each party anticipates being raised at the hearing along with copies of any cases which may be relevant to resolution of the stated issue. IT IS FURTHER ORDERED AND DIRECTED that a hearing will be held on Tuesday, January 11, 2011, at 1:30 p.m, in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. ,~ By the Court, Michael A. Gruin, Esquire Attorney for Appellants Stephen Tiley, Esquire Attorney for Appellee Penn Township 1301 Centerville Road Newville, PA 17241 Big Spring School District 45 Mount Rock Road Newville, PA 17241 bas 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 AAB-KEY LOGISTICS, LLC, JJC KEY : IN THE COURT OF COMMON PLEAS LOGISTICS, LLC, LPT KEY : OF CUMBERLAND COUNTY, LOGISTICS, LLC, AND MRW KEY : PENNSYLVANIA LOGISTICS, LLC Appellants V. : CIVIL ACTION - LAW CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Appellee V. PENN TOWNSHIP AND BIG SPRING SCHOOL DISTRICT Respondents Parcel No.: 31-11-0298-037-UA Parcel No.: 31-11-0298-037-UB TO THE PROTHONOTARY: NO. 10-6256 CIVIL ASSESSMENT APPEAL CD .JIM : Z Le-o X0 = 25-n Z vc? C7 zc % r PRAECIPE Please enter my appearance on behalf of the Appellee, Cumberland County Board of Assessment Appeals, in the above captioned matter. Dated: /lla11,? aRespectfully submitted, By 11nAO' StepKen 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 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 AAB-KEY LOGISTICS, LLC, JJC KEY IN THE COURT OF COMMON PLEAS LOGISTICS, LLC, LPT KEY OF CUMBERLAND COUNTY, LOGISTICS, LLC, AND MRW KEY PENNSYLVANIA LOGISTICS, LLC Appellants V. CIVIL ACTION - LAW CUMBERLAND COUNTY BOARD OF NO. 10-6256 CIVIL ASSESSMENT APPEALS, Appellee ASSESSMENT APPEAL V . .V rn = x-^ rn, . PENN TOWNSHIP AND r °Q BIG SPRING SCHOOL DISTRICT 3 co Z C? Respondents '` m Parcel No.: 31-11-0298-037-UA Parcel No.: 31-11-0298-037-UB AND NOW, comes the Cumberland County Board of Assessment Appeals, Appellee, by its attorney, Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor for Tax Matters, and files this Answer to the "Real Estate Tax Assessment Appeal," of which the following is statement: 1. Admitted. 2. Admitted. f 3. Admitted. Y 4. Admitted in part. Denied in part. The averments of this paragraph are admitted however, Appellee believes that the entrance to the property is approximately 0.7 miles from the intersection of I-81 and the Centerville Road. 5. Admitted. 6. Admitted in part. Denied in part. The averments of this paragraph are admitted however, the zoning is "Commercial/Industrial." Parcel "A" is approved for 954,000 square feet of warehouse space. Parcel "B" is approved for 909,000 square feet of warehouse space. By way of further Answer, Appellee is informed, and therefore believes, that the asking prices for the properties are $170,589 per acre for Parcel A, and $164,277 for Parcel B. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted in part. Denied in part. It is admitted that the Board rendered a "no change" decision. However, the notices attached as Exhibit "A" to the Petition are the scheduling notices for the September 8, 2010 hearing, not the decision notices. 13. Denied. The averments of this paragraph, and each of its sub-lettered paragraphs, are denied as conclusions of law to which no responsive pleading is required. By way of further Answer, to the extent that the averments of the sub-lettered paragraphs include facts, the same are denied and strict proof at trial is demanded. 14. Denied. The averments of this paragraph set forth conclusions of law to which no responsive pleading is required. 15. Admitted. 16. Admitted. 17. Admitted. WHEREFORE, Appellee, Cumberland County Board of Assessment Appeals, prays Your Honorable Court for an Order denying the appeal, allocating costs to the Appellant, and/or fixing the fair market value of the property in an amount that the Court may determine to be just and proper. Dated: Respectfully submitted, By '0 Step en D. Tiley, Esquire Assistant Cumb. Cty. Solicitor For Tax Matters 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.D.02318 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. ,Al Dated: 1715Wi °W"?O Cath S. Waters, Assessor Supervisor , AAB-KEY LOGISTICS, LLC, JJC KEY LOGISTICS, LLC, LPT KEY LOGISTICS, LLC, AND MRW KEY LOGISTICS, LLC v. Appellants CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Appellee v. PENN TOWNSHIP AND BIG SPRING SCHOOL DISTRICT Respondents Parcel No.: 31-11-0298.037-UA Parcel No.: 31-11-0298-037-UB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-6256 CIVIL ASSESSMENT APPEAL I hereby certify that I served a true and correct copy of the foregoing Answer and Praecipe to Enter Appearance by placing a certified true and correct copy of the same in the United States mail, postage pre-paid, addressed to: Michael A. Gruin, Esquire STEVENS & LEE Attorney for Appellants 17 North Second St., 16th Floor Harrisburg, PA 17101 Tel. No. (717) 234-1090 Marcus A. McKnight, III, Esquire IRWIN & McKNIGHT Solicitor for Penn Township 60 West Pomfret Street Carlisle, PA 17013 Philip H. Spare, Esquire STOCK & LEADER Solicitor for Big Spring School District 221 W. Philadelphia St., Suite E-600 York, PA 17401-2994 Date: Ll d ?- StePen D. Tiley, Esquire Assistant Cumb. Co. Solicitor 5 S. Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D.#32318 AAB-KEY LOGISTICS, LLC, JJC KEY PLEAS LOGISTICS, LLC, LPT KEY LOGISTICS, LLC, AND MRW KEY LOGISTICS, LLC Appellants V. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Appellee V. PENN TOWNSHIP AND BIG SPRING SCHOOL DISTRICT Respondents Parcel No.: 31-11-0298-037-UA Parcel No.: 31-11-0298-037-UB IN THE COURT OF COMMON OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-6256 CIVIL ASSESSMENT APPEAL irln v rn _ 1 Z _ - 0 all 0 4 Z ? Ck) i? ) JOINT MOTION TO RESCHEDULE HEARING AND PRE-TRIAL MEMORANDUMS AND NOW, comes Appellant, AAB-Key Logistics, LLC, et al. by its attorneys, Stevens & Lee, and Appellee, Cumberland County Board of Assessment Appeals, by Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor for Tax Matters, and file this Joint Motion to Reschedule Hearing and Pre-Trial Memorandums, of which the following is statement: 1. On September 30, 2010 Appellant filed its Real Estate Tax Assessment Appeal initiating this action. On October 4, 2010 the Court, by the Honorable M. L. Ebert, Jr., entered an Order of Court fixing a heari ng date of January 11, 2010, and directing that pre-trial memorandums be filed on or before December 13, 2010. 2. The Appellant and Appellee respectfully request additional time so that appraisals can be prepared, and so that they can determine whether or not there is a possibility of settling this case. The Appellant and Appellee respectfully request that the hearing be scheduled for a date no sooner than April 1, 2011, with pre-trial memorandums due at a date several weeks prior to the rescheduled hearing date. WHEREFORE, Appellant and Appellee pray Your Honorable Court for an Order rescheduling the hearing to a date on or after April 1, 2011, with a commensurate rescheduling of a due date for the pre-trial memorandums. Respectfully submitted, AAB-KEY LOGISTICS, LLC By: Michael A. Gruin, ksuire Stevens & Lee Counsel for Taxpayer/Appellant 17 North Second Street, 16th Floor Harrisburg, PA 17101 Tel. No. (717) 234-1090 CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEAL ,?? -6, `7"---? Stephen D. Tiley, Esquire Frey & Tiley Counsel for Cumb. Cty, Board of Assessment Appeals/Appellee 5 South Hanover Street Carlisle, PA 17013 Tel. No. (717) 243-5838 Court ID# 32318 AAB-KEY LOGISTICS, LLC, JJC KEY LOGISTICS, LLC, LPT KEY LOGISTICS, LLC, AND MRW KEY LOGISTICS, LLC v. Appellants CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Appellee v. PENN TOWNSHIP AND BIG SPRING SCHOOL DISTRICT Respondents Parcel No.: 31-11-0298-037-UA Parcel No.: 31-11-0298-037-UB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-6256 CIVIL ASSESSMENT APPEAL CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Joint Motion to Reschedule Hearing and Pre-Trial Memorandums by placing a true and correct copy of the same in the United States mail, postage pre-paid, addressed to: Michael A. Gruin, Esquire STEVENS & LEE Attorney for Appellants 17 North Second St., 16th Floor Harrisburg, PA 17101 Tel. No. (717) 234-1090 Marcus A. McKnight, III, Esquire IRWIN & McKNIGHT Solicitor for Penn Township 60 West Pomfret Street Carlisle, PA 17013 Philip H. Spare, Esquire STOCK & LEADER Solicitor for Big Spring School District 221 W. Philadelphia St., Suite E-600 York, PA 17401-2994 Date: Step n D. Tiley, Esquire Assistant Cumb. Co. Solicitor 5 S. Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.13132318 % ' AAB-KEY LOGISTICS, LLC, JJC KEY LOGISTICS, LLC, LPT KEY LOGISTICS, LLC, AND MRW KEY LOGISTICS, LLC v. Appellants CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Appellee V. PENN TOWNSHIP AND BIG SPRING SCHOOL DISTRICT Respondents Parcel No.: 31-11-0298-037-UA Parcel No.: 31-11-0298-037-UB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-6256 CIVIL ASSESSMENT APPEAL RESCHEDULING ORDER c q --r? a --? co -a --1, > j --:0 o n ° z, 0 a o = e - C W CD C ) --? cvT D N AND NOW, this q-P-- day of I &c,? , 2010, Court's Order of October 10, 2010 is modified, as follows: A. The Pr- T-;°' NAPmorandums shall be filed with the Court on or before ?- , _ ?K he ,72011. B. The Hearing previously scheduled for January 11, 2011 is rescheduled for o , 2011 at ?Lfpo A.m. in Courtr om No. 2 of e Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court co +4?t i CT /Yl:IA 4 ? m- 64-4ctccL i 1\*?? ? \/- M. L. Ebert, Jr., J.'A ? AAB-KEY LOGISTICS, LLC, JJC KEY IN THE COURT OF COMMON PLEAS LOGISTICS, LLC, LPT KEY OF CUMBERLAND COUNTY, LOGISTICS, LLC, AND MRW KEY PENNSYLVANIA LOGISTICS, LLC Appellants V. CIVIL ACTION - LAW CUMBERLAND COUNTY BOARD OF NO. 10-6256 CIVIL ASSESSMENT APPEALS, Appellee ASSESSMENT APPEAL PENN TOWNSHIP AND CD ? r BIG SPRING SCHOOL DISTRICT 0 - :,-- Respondents r • c'? i ;_a Parcel No.; 31-11-0298-037-UA -"- Parcel No.: 31-11-0298-037-UB } ORDER AND NOW, this day of June, 2011, upon representation by Stephen D. Tiley, Esquire, counsel for the Appellee, that the parties have agreed to a general continuance of the above captioned matter, the hearing previously scheduled for June 30, 2011 is cancelled and the case is continued generally at the call of any party. By the Court, M. L. Ebert, r., J. SDT/tl ? Michael A. Gruin, Esquire Marcus A. McKnight, Esquire Philip H. Spare, Esquire Stephen D. Tiley, Esquire ?? 15II1 OKA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AAB KEY LOGISTICS, LLC, JJC KEY CIVIL ACTION - LAW LOGISTICS, LLC, LPT KEY LOGISTICS, LLC AND MRW KEY LOGISTICS, LLC, NO. 10-6256 Civil Appellants Civil Term VS. ASSESSMENT APPEAL CZ7 CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Appellee PENN TOWNSHIP and BIG SPRING SCHOOL DISTRICT, Respondents PRAECIPE TO MARK CASE SETTLED, DISCONTINUED, AND ENDED TO: THE PROTHONOTARY Please mark the above-captioned case settled, discontinued, and ended. Dated: June 15, 2011 STEVENS & LEE, P.C. By Z?jw Michael A. Gruin, Esq. Pennsylvania Attorney I.D. No. 78625 17 North Second Street Harrisburg, PA 17101 (717) 255-7365 FAX (610) 988-0852 mag@stevenslee.com Attorney for AAB KEY LOGISTICS, LLC, JJC KEY LOGISTICS, LLC, LPT KEY LOGISTICS, LLC AND MRW KEY LOGISTICS, LLC 06/15/2011 SL1 888093A 100823.00001 CERTIFICATE OF SERVICE I certify that I am this day serving a correct copy of the Praecipe in the above matter upon the persons and in the manner indicated below. Service by First Class United States Mail Cumberland County Board of Assessment Appeals One Courthouse Square Carlisle, PA 17013 Stephen D. Tiley, Assistant Solicitor Cumberland County Board of Assessment Appeals 5 South Hanover Street Carlisle, Pennsylvania 17013-3307 Penn Township 1301 Centerville Rd. Newville, PA 17241 Big Spring School District 45 Mount Rock Road Newville, PA 17241 June 15, 2011 Michael A. Gruin, sq. Phone: (717) 255-7365 2 06/15/2011 SL1 888093v1 100823.00001