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
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NO. 10-6515 CIVIL AZ
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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.
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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
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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
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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 .
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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:
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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
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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
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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