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Home My WebLink About10-6425PROLOGIS/KEYSTONE IN THE COURT OF COMMON PLEAS OF INDEPENDENCE, LP, :CUMBERLAND COUNTY, PENNSYLVANIA PETITIONER : V. BOARD OF ASSESSMENT APPEALS, RESPONDENT 10-6425 CIVIL TERM ORDER OF COURT AND NOW, this !~~ day of October, 2010, a hearing on the within petition for review of real estate assessment shall commence at 9:30 a.m., Wednesday, March 9, 201 ~ , in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, ,~,,. Albert H. Mas and, J. Gregory G. Lotz, Esquire For Petitioner ~tephen T. Tiley,,Esquire ward L. Schorpp, Esquire ~tephen Feinour, Esquire hilip H. Spare, Esquire ~oard of Assessment Appeal ~ef Clerk of Cumberland County ~lTpper Allen Township ~chanicsburg School District :snaa ~o~~ s~rv ~~ ~w ~~ ~~ Z f... ~~ -<~„ Cd Dn d D~ z --o -c O C-) ---i G!i ~O N 0 0 -ve ~~ ~~ ~'Cr] Obi ~° O -r'+j '~ c~ Orn D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW PROLOGIS/KEYSTONE INDEPENDENCE, LP :: No. 10-6425 Petitioner, V. BOARD OF ASSESSMENT APPEALS Respondent. CERTIFICATE OF SERVICE The undersigned hereby certifies that atime-stamped and filed -a r„ ., ~~~ ~ =;~~ eta (`~,,? ky ..~ +.~ °t~! .. _/~ ~ wv ,. copy of the ~l?etiti¢n fob Review of Real Estate Assessment, proposed Order and Certificate of Service in the entitled action has been served upon the following by way of certified mail: Board of Assessment Appeals Old Courthouse, 1 gc Floor One Courthouse Square Carlisle, PA 17013 Stephen T. Tiley, Esq. Solicitor for Board of Assessment Appeals 5 South Hanover Street Carlisle, PA 17013 Chief Clerk of County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Clerk of Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 Business Manager Mechanicsburg School District 100 E. Elmwood Avenue Mechanicsburg, PA 17055 Edward L. Schorpp, Esq. Solicitor for Cumberland County One Courthouse Square, Room 208 Carlisle, PA 17013 J. Stephen Feinour, Esq. Solicitor for Upper Allen Township 200 N. 3~' Street, Floor 18 P.O. Box 840 Harrisburg, PA 17108-0840 Stock & Leader Attention: Philip H. Spare, Esq. Solicitor for Mechanicsburg School District 221 West Philadelphia St., Suite 600 York, PA 17401 Dated: ~ ~ / ~ / ~_ GREGORY G. LOTZ, ESQ. Garippa, Lott & Giannuario 66 Park Street, P.O. Box 1584 Montclair, New Jersey 07042 973-744-1688 Attorney for Petitioner Attorney ID # 43603 ~~~~n~~e o~ ~~ NAUMAN, SMITH, SHISSLER & HALL, LLP By: J. Stephen Feinour, Esquire Supreme Court ID#24580 200 North Third Street, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 e-mail: sfeinourgnssh.com OF THE PROTHONOTARY 2010 NOV 23 PM 12= 2 9 CUMBERLANOGOUN7Y PENNSYLwAN1A Attorneys for Upper Allen Township PROLOGIS/KEYSTONE INDEPENDENCE IN THE COURT OF COMMON PLEAS LP, Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW BOARD OF ASSESSMENT APPEALS, Docket No. 2010-6425 Respondent NOTICE OF INTERVENTION Notice is hereby given that Upper Allen Township intervenes in this proceeding in support of the decision of the Cumberland County Board of Assessment Appeals. NAUMAN, SMITH, SHISSLER & HALL, LLP y St hen Feinour, Esquire Supreme Court ID #24580 Date: November 22, 2010 200 North Third Street, 18" Floor P. O. Box 840 Harrisburg, PA 17108-0840 Phone: 717-236-3010 Fax: 717-234-1925 E-Mail: sfeinour@nssh.com Solicitor for Upper Allen Township CERTIFICATE OF SERVICE AND NOW, on the date stated below, I, J. Stephen Feinour, Esquire, of the firm of Nauman, Smith, Shissler & Hall, LLP, hereby certify that I this day served the foregoing "Notice of Intervention" by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following: Gregory G. Lotz, Esquire Philip H. Spare, Esquire Garippa, Lotz & Giannuario Stock & Leader 66 Park Street 221 W. Philadelphia, St., Suite E600 P. O. Box 1584 York, PA 17401-2994 Montclair, NJ 07042 Stephen D. Tiley, Esquire Edward L. Schorpp, Esquire 5 South Hanover Street 35 Thrush Drive Carlisle, PA 17013 Carlisle, PA 17013 NAUMAN, SMITH, SHISSLER & HALL, LLP By: J. 4Q, Feinour, Esquire Supreme Court ID# 24580 200 North Third Street, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 E-Mail: sfeinour@nssh.com Counsel for Upper Allen Township Date: November 22, 2010 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 PROLOGIS/KEYSTONE : IN THE COURT OF COMMO"LT#S C) INDEPENDENCE, LP, : OF CUMBERLAND COUNTS Cr Zt-" : PENNSYLVANIA. Petitioner , ? i- BOAR -?2> r ?d v 4e D OF ASSESSMENT APPEALS, NO. 2010-6425 CIVIL TERAVI=' xft 3 Respondent " " ?rh Parcel No. 42-10-0646-055 -?- co TO THE PROTHONOTARY: PRAECIPE Please enter my appearance on behalf of the Respondent, Cumberland County Board of Assessment Appeals, in the above captioned matter. Dated: l a-b 1 Z? Respectfully submitted, By ! O 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 Stephen D. Tiley, Esquire Attorney for Cumberland County Board of Assessment Appeals 5 South Hanover Street Supreme Court I.D. No.32318 C-) C= v -oz c, Tel: 71-598 PROLOGIS/KEYSTONE . INDEPENDENCE, LP, Petitioner BOARD OF ASSESSMENT APPEALS, Respondent Parcel No. 42-10-0646-055 . IN THE COURT OF COMM LQ OF CUMBERLAND COUNT'11?6 PENNSYLVANIA s NO. 2010-6425 CIVIL TERM ANSWER rr -urn ;?u? O C.1 n urn 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 to Petitioner's "Petition for Review of Real Estate Assessment" of which the following is a statement: 1. Admitted. By way of further Answer, the owner's address as set forth on the assessment role is: Keystone Independence, LP, c/o Thompson Tax and Accoutcng,,473? Market Street, Suite A 400, Philadelphia, PA 19103. The address of the ownq4jgll @t rn changed until specific directions are received by the Assessment Office. ?-C -v' -ACA ? --# 2. Admitted. c*3 ` , rn r 3. Admitted. - ; 4. Admitted. 5. Admitted. 6. Admitted. 7. 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 trial is demanded. By way of further Answer, the averments of sub-paragraphs (f) and (g) are not applicable to the within case as this case emanates from the year 2010 Countywide reassessment and the STEB (State Tax Equalization Board) ratio is irrelevant to that reassessment. WHEREFORE, Respondent, Cumberland County Board of Assessment Appeals, prays Your Honorable Court for an Order denying the Petitioner's appeal or, in the alternative, fixing the fair market value of the property, and the assessment of the property at such amount as the Court may deem just and proper. Dated: j--2/?/? Respectfully submitted, By , Stephen D. Tiley, Esquire Assistant Cumberland County 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. Dated: onnie M. Mahoney, Chief Assessor 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 1701 Fax: 717-243-6441 PROLOGIS/KEYSTONE : IN THE COURT OF COMMON PLEAS INDEPENDENCE, LP, : OF CUMBERLAND COUNTY, : PENNSYLVANIA Petitioner BOARD OF ASSESSMENT APPEALS, : NO. 2010-6425 CIVIL TERM Respondent Parcel No. 42-10-0646-055 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: Gregory G. Lotz, Esquire Attorney for Petitioner Garippa, Lotz & Giannuario 66 Park Street, P.O. Box 1584 Montclair, NJ 07042 J. Stephen Feinour Solicitor for Upper Allen Township NAUMAN SMITH P.O. Box 840 Harrisburg, PA 17108-0840 Philip H. Spare Esquire Solicitor for Mechanicsburg Area School District STOCK & LEADER 221 W. Philadelphia Street, Suite E-600 York, PA 17401-2994 Date: IJ?! 7 o2D/O Stephen D. Tiley, Esquire Assistant Cumb. Co. Solicitor 5 S. Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney 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 PROLOGIS/KEYSTONE : IN THE COURT OF COMMON PLEAS INDEPENDENCE, LP, : OF CUMBERLAND COUNTY, : PENNSYLVANIA Petitioner BOARD OF ASSESSMENT APPEALS, Respondent Parcel No. 42-10-0646-055 : NO. 2010-6425 CIVIL TERM ORDER AND NOW, this 3 day of March, 2011, upon representation by Stephen D. Tiley, Esquire, counsel for the Petitioner, that the parties have agreed to a general continuance of the above captioned matter, the hearing previously scheduled for March 9, 2011 is cancelled, and the case is continued generally at the call of any party. SDT/tl cc: ? Gregory G. Lotz, Esquire ? Stephen D. Tiley, Esquire ? J. Stephen Feinour, Esquire ? Philip H. Spare, Esquire %p?i c5 rKa.'l ?d 313111 By the Court, Albert H. Masland, J. rr. t en . , w -1 rD W 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 PROLOGIS/KEYSTONE : IN THE COURT OF COMMON PLEAS INDEPENDENCE, LP, : OF CUMBERLAND COUNTY, : PENNSYLVANIA Petitioner BOARD OF ASSESSMENT APPEALS, : NO. 2010-6425 CIVIL TERM Respondent N -, C Q --I Parcel No. 42-10-0646-055 MW -r, STIPULATION AND JO r. INT MOTION FOR AGREED ORDER ? to d C' M ?r AND NOW, this A@4r, 2011, it is hereby Agreed day of Stipulated by and between the Petitioner, Prol ogi s/Key stone Independence, LP, by GariPp ai-l.otzl' & Giuannuaro, Gregory G. Lotz, Esquire; Respondent, Cumberland County Board of Assessment Appeals, by Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor for Tax Matters; and Intervenor, Upper Allen Township, by Nauman, Smith, Shissler & Hall, LLP, J. Stephen Feinour, Esquire; as follows: Appellant filed a "Petition for Review of Real Estate Assessment " on October 12, 2010. On October 15, 2010 the Court, by the Honorable Albert H. Masland, entered an Order setting a hearing date for March 9, 2011. On November 23, 2010 counsel for Upper Allen Township filed a "Notice of Intervention." By Order dated March 3, 2011, the case was continued generally. The parties have now settled this case. 2. This assessment appeal relates to market value as of June 9, 2010, the date the appeal was originally filed before the Board of Assessment Appeals, and year 2011 taxes. The appeal emanates from the year 2010 Cumberland County, Countywide, reassessment. Stipulation & Joint Motion for Agreed Order Page 1 of 4 Prologis/Keystone Independence, LP This case involves a 262,500 square foot warehouse situate at 355 Independence Avenue, in Upper Allen Township, Cumberland County, Pennsylvania. It is further identified as Cumberland County Tax Parcel No. 42-10-0646-055. The original year 2010 Countywide reassessment valuation was $11,999,500. The Board of Assessment Appeals reduced. that value to $10,000,000. 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, June 9, 2010, is $9,750,000. 5. As a result of the year 2010 Cumberland Countywide reassessment, the predetermined ratio for the year 2010 Countywide reassessment value is 100% of year 2010 value. There is no common level ratio applicable to the year 2010 Countywide reassessment value. The parties stipulate that for the year 2010 Countywide reassessment value, first: applicable for taxes beginning in year 2011, the fair market value of the property is $9,750,000, and the assessment shall be $9,750,000. The assessment shall continue in this amount 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. 7. The year 2010 Countywide reassessment value of $9,750,000, 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 said year 2010 Countywide reassessment value of $9,750,000 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. Stipulation & Joint Motion for Agreed Order Page 2 of 4 Prologis/Keystone Independence, LP 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 client or clients and that he/she has specifically been authorized to enter into this Settlement Stipulation by his/her client or clients. Dated: Respectfully submitted, PROLOGIS/KEYSTONE INDEPENDENCE„ LP By I'll 4 / G Gregop G. Lotz, Esquire Garippa, Lotz & Gianni Attorney for Petitioner 66 Park Street Montclair, NJ 07042 Tel. No. (973) 744-1688 Stipulation & Joint Motion for Agreed Order Page 3 of 4 Prologis/Keystone Independence, LP CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS and COUNTY OF CUMBERLAND Stephen D. Tiley, Esquire Assistant Cumb. Ctv. 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 UPPER ALLEN TOWNSHIP D? R S eph n Feinour, Esquire uman, Smith Shissler & Hall, LLP 200 North Third Street Harrisburg, PA 17108-0840 Tel. No. (717) 236-3013 Supreme Ct. ID #24580 Stipulation & Joint Motion for Agreed Order Page 4 of 4 Prologis/Keystone Independence, LP PROLOGIS/KEYSTONE INDEPENDENCE, LP, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA Petitioner BOARD OF ASSESSMENT APPEALS, : NO. 2010-6425 CIVIL TERM Respondent Parcel No. 42-10-0646-055 ORDER 1 AND NOW, this day of?l2 11, upon 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: June 9, 2010, is $9,750,000. The within appeal is applicable to the year 2010 Cumberland Countywide reassessment. The predetermined ratio applicable to the year 2010 Cumberland Countywide reassessment is 100% of year 2010 fair market value. The common level ratio is not applicable to the year 2010 Countywide reassessment. Therefore, the assessment for purposes of the year 2010 Countywide reassessment shall be $9,750,000. This assessment shall be implemented beginning with year 2011 County and municipal taxes, and year 2011/12 School Real Estate Taxes, and shall continue thereafter until revised in accordance with law. By The Court Albert H. Masland. J. c cc: Gregory G. Lotz, Esquire z rn- ?E= M -0 = -a Stephen D. Tiley, Esquire m ro _ ? J. Stephen Feinour --''c:) ? -- <' - ?I„'LUP 2? ? -n w oM .21/l r - dr fV