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HomeMy WebLinkAbout10-6515.. r FIRST BANK & TRUST COMPANY, PNC REALY SERVICES, Petitioner V. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, MECHANICSBURG 2ND WARD AND MECHANICSBURG SCHOOL DISTRICT, Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C7 ~ o p ~ Zn't z~ C7 -+ ~K.- -v . ter' . .~ D ,_ ap im ~7p t~ o < _ ~ a = o~ ~ . NO. 10-6515 CIVIL AZ `.~ on ~ --~ ~ _ D ~ ORDER OF COURT ~ AND NOW, this 18th day of October, 2010, upon consideration of the Petition for Appeal from the Decision of the Board of Assessment Appeals of Cumberland County, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Respondents to show cause why the relief requested should not be granted; 2. The Respondents will file an answer on or before November 8, 2010; 3. The Prothonotary is directed to forward said Answer to this Court 4. A hearing on this matter will be held on Wednesday, March 23, 2011, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania IT IS HEREBY FURTHER ORDERED AND DIRECTED that the parties in this case file apre-hearing memorandum with the Court on or before March 14, 2011, in the following format: I. A concise statement of factual issues to be decided at trial. II. A list of witnesses the party intends to call at trial along with a concise statement of their anticipated testimony. ~ t III. A list of all exhibits each party anticipates presenting at trial. IV. A statement of any legal issues each party anticipates being raised at trial along with copies of any cases which may be relevant to resolution of the stated issue. By the Court, M. L. Ebert, Jr., J. Francis J. Hoegen, Esquire Attorney for Plaintiff ~tephen Tiley, Esquire For Cumberland County ward Schorpp, Esquire For Mechanicsburg Borough ~~fock and Leader For Mechanicsburg School District bas i~~s mai~ 10~lS l cv ~~~ 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 FIRST BANK & TRUST COMPANY, : IN THE COURT OF COMMON PLEAS PNC REALTY SERVICES, : OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner VS. . CUMBERLAND COUNTY BOARD OF NO. 10-6515 CIVIL ASSESSMENT APPEALS, CUMBERLAND COUNTY, MECHANICSBURG 2nd WARD AND MECHANICSBURG SCHOOL DISTRICT, Respondents ?w Parcel No, 17-23-0565-012 PRAECIPE - wawa TO THE PROTHONOTARY: Please enter my appearance on behalf of the Respondent, Cumberland County Board of Assessment Appeals, in the above captioned matter. Dated: Grp Respectfully submitted, By c s?? 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 Carlisle, Pennsylvania 17013 Supreme Court I.D. No. 32318 Tel: 717-243-5838 Fax: 717-243-6441 FIRST BAND & TRUST COMPANY, IN THE COURT OF COMMON PLEAS PNC REALTY SERVICES, OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner VS. CUMBERLAND COUNTY BOARD OF NO. 10-6515 CIVIL ASSESSMENT APPEALS, °s a CUMBERLAND COUNTY, MECHANICSBURG 2nd WARD AND MECHANICSBURG SCHOOL DISTRICT, Respondents Parcel No. 17-23-0565-012 ANSWER AND NOW, comes the Cumberland County Board of Assessment Appeals, by its attorney, Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor for Tax Matters, and files this Answer to the "Petition for Appeal from the Decision of the Cumberland County Board of Assessment Appeals," of which the following is statement: 1-8. Admitted 9. 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. WHEREFORE, Respondent, Cumberland County Board of Assessment Appeals, prays Your Honorable Court for an Order denying Petitioner's appeal or, in the alternative, fixing the fair market value of the property in such amount as the Court may seem just and proper. Dated: Respectfully submitted, r 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: W ale' B nnie 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 FIRST BANK & TRUST COMPANY, IN THE COURT OF COMMON PLEAS PNC REALTY SERVICES, OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, MECHANICSBURG 2nd WARD AND MECHANICSBURG SCHOOL DISTRICT, NO. 10-6515 CIVIL Respondents Parcel No. 17-23-0565-012 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: Francis J. Hoegen, Esquire HOEGAN & ASSOCIATES, P.C. Attorney for Petitioner 152 South Franklin Street P.O. Box 346 Wilkes-Barre, PA 18703-0346 Tel. No. (570-820-3332 Edward L. Schorpp, Esquire Attorney for Mechanicsburg Borough 35 South Thrush Drive Carlisle, PA 17013 Philip H. Spare, Esquire STOCK & LEADER Attorney for Mechanicsburg School District 221 W. Philadelphia Street, Suite E-600 York, PA 17401-2994 Date: Stephen D. Tiley, Esquire Assistant Cumb. Co. Solicitor 5 S. Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.13132318 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 FIRST NATIONAL BANK/ IN THE COURT OF COMMON FIRST BANK & TRUST COMPANY, IN THE COURT OF COMMON PLEAS PNC REALTY SERVICES, OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner VS. CUMBERLAND COUNTY BOARD OF NO. 10-6515 CIVIL ASSESSMENT APPEALS, CUMBERLAND COUNTY, MECHANICSBURG 2nd WARD AND MECHANICSBURG SCHOOL DISTRICT, Respondents Parcel No. 17-23-0565-012 AND NOW, this -? blh Real Estate Assessment Appeal day of December, 2010, upon representation by Stephen D. Tiley, Esquire, that the parties have agreed to a general continuance of the above captioned matter, the hearing previously scheduled for March 23, 2011 is cancelled and the case is continued generally at the call of any party. V? M. L. Ebert, Jr., ?ncis J. Hoegen, Esquire ,,,--!?tephen D. Tiley, Esquire ,,--?dward L. Schorpp, Esquire ..? /Philip H. Spare, Esquire . O C) C) -n co C-) Francis J. Hoegen, Esquire/55667 HOEGEN & ASSOCIATES, P.C. 152 South Franklin Street P.O. Box 346 Wilkes-Barre, PA 18703-0346 (570) 820-3332 ATTORNEY FOR PETITIONER FIRST BANK & TRUST COMPANY, PNC REALTY SERVICES, Petitioner vs. CUMBERLAND COUNTY BOARD of ASSESSMENT APPEALS, CUMBERLAND COUNTY, MECHANICSBURG 2ND WARD and MECHANICSBURG SCHOOL DISTRICT,: Respondents CIVIL ACTION - LAW NO. 6515 of 2010 PRAECIPE TO WITHDRAW AND SUBSTITUTE COUNSEL TO THE PROTHONOTARY OF CUMBERLAND COUNTY: C") C__ N C) a? r M_ - .. r-- r "DM CO ?° A C) ;- C) -n .w r L? ? r l`T i Please withdraw the appearance of Francis J. Hoegen, Esquire, and the law firm of Hoegen & Associates, P.C. and enter the appearance of Bruce Stavitsky, Esquire and the law firm of Stavitsky & Associates, LLC on behalf of the Respondents in the above-referenced matter. V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 152 South Franklin Street Wilkes-Barre, PA 18701 (570) 820-3332 Entering Con B 54*0 C. tKjprl Esquire STAVITSKY SSOCIATES, LLC 41 Broad Street NJ 07013 (973) 59zC- Respectfully submitted, John G. French, Esquire Attorney for Cumberland County Board of Assessment Appeals 1 Courthouse Square, Room 107 Carlisle, PA 17013 Attorney I.D. No. 90788 Tel.: 717-759-5297 APPEAL OF FIRST BANK AND TRUST COMPANY, PNC REALTY SERVICES, Petitioner vs. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, MECHANICSBURG 2nd WARD AND MECHANICSBURG SCHOOL DISTRICT, Respondents MUNICIPALITY: MECHANICSBURG 2nd WARD Parcel No. 17-23-0565-012 : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA NO. 10-6515 CIVIL TERM REAL ESTATE TAX ASSESSMENT APPEAL PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE PURSUANT TO PA. R.CIV.P. 1012(b) Please withdraw my appearance on behalf of the Appellee Cumberland County Board of Assessment Appeals, in the above captioned matter. Dated: / 7/, 817569.1 Respectfully submitted, By Stephen D. Tiley, Esquire 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.D.#32318 rn r11 N C.) CD Please enter my appearance on behalf of the Appellee Cumberland County Board of Assessment Appeals, in the above captioned matter. Dated: dig/ /if Respectfully submitted, B Y Jo G. French, Esquire Solicitor for Cumberland County Board of Assessment Appeals 1 Courthouse Square, Room 107 Carlisle, PA 17013 (717) 759-5297 Supreme Court I.D. # 90788 APPEAL OF FIRST BANK AND TRUST COMPANY, PNC REALTY SERVICES, Petitioner vs. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, MECHANICSBURG 2°d WARD AND MECHANICSBURG SCHOOL DISTRICT, Respondents : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA NO. 10-6515 CIVIL TERM REAL ESTATE TAX MUNICIPALITY: ASSESSMENT APPEAL MECHANICSBURG 2" WARD Parcel No. 17-23-0565-012 CERTIFICATE OF SERVICE I hereby certify that on May 14, 2014, a true and correct copy of the foregoing Praecipe for Withdrawal/entry of Appearance, Pursuant to Pa. R.Civ.P. 1012(b) was served by means of United States mail, first class, postage prepaid, upon the following: Francis J. Hoegen, Esquire HOEGEN & ASSOCIATES, LLC Attorney for Petitioner 152 South Franklin Street P.O. Box 346 Wilkes-Barre, PA 18703-0346 Lisa Coyne, Esquire Attorney for Mechanicsburg Borough 3901 Market Street Camp Hill, PA 17011 Philip H. Spare, Esquire STOCK AND LEADER Attorney for Mechanicsburg School District 221 W. Philadelphia Street, Suite E-600 York, PA 17401 ohn G. French, Esquire