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HomeMy WebLinkAbout10-6517PENN5YLV~ANIA STATE BANK IN THE COURT OF COMMON PLEAS OF PNC REAL'1"Y SERVICES, CUMBERLAND COUNTY, PENNSYLVANIA App~~lant vs. CUMBERLAND COUNTY BOARD OFSSES5MENT APPEALS, PPER ALLEN TWP., and MECHt~~TICSBURG SCHOOL DISTRICT, Appellees CIVIL ACTION -LAW NO. 10-6517 CIVIL IN RE: APPEAL FROM THE DECISION OF THE CUMBERLAND COUNTY BOARD OF ASSESSMENT ORDER 0 ry N G ° "''1 ..-~ ~ p 0 ~ t 's'ti c-n O -' Tt f -~, ~ ~' © ~~ ~ ~~ ca co -o own c~ c~a_ ~ ~~ ~~ =-~ ~ `,~ ~: ' _~ - AND NOW, this zp day of October, 2410, upon consideration of the foregoing petition, it is hereby ordered that: 1. A rule is issued upon the Appellees to show cause why the Appellants are nod entitled to the relief requested; 2. th~l Appellees shall file an answer to the petition within twenty (20) days afti~r the petition is served on the Appellees; 3. a hearing is set for Wednesday, January 5, 2011, at 1:30 p.m. in Courtroom No. 4, Cumberland bounty Courthouse, Carlisle, PA.; and 4. nonce of entry of this order shall be provided by the Appellant to all i interested parties in accordance with Pa.R.C.P. 440. BY THE COURT, 1.0~ i ~S /)'t,~l J . S~ fy~ ~ Erg: " " -~ ' ~ S'.~-r~ ~.Y ~ ~{ ~v~~.o rv 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: sfeinour(a,nssh.com Fw~.~o-a~ ~fc~ of ~t~~ ~~c~,~~o~o~a~~~ 2Qi~l ~~ ~ 26 ~~°~ I2~ 30 Cl~~1B~r ~f',~~~7 G~U~~T`~` ~c~;1bSYL~'A~~~kA Attorneys for Upper Allen Township PENNSYLVANIA STATE BANK IN THE COURT OF COMMON PLEAS PNC REALTY SERVICES, Appellant :CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Docket No. 2010-6517 UPPER ALLEN TOWNSHIP and MECHANICSBURG SCHOOL DISTRICT, Appellees PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of J. STEPHEN FEINOUR, ESQUIRE, of Nauman, Smith, Shissler & Hall, LLP on behalf of Upper Allen Township, in the above-referenced proceeding. Date: October 25, 2010 NAUMAN, SMITH, SHISSLER & HALL, LLP . Step en Feinour, Esquire Supreme Court ID #24580 200 North Third Street, 18~' Floor P. O. Box 840 Hamsburg, 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 "Praecipe for Entry of Appeazance" by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following: Francis J. Hoegen, Esquire Hoegen & Associates, P.C. 152 S. Franklin Street P. O. Box 346 Wilkes-Barre, PA 18703-0346 Stephen D. Tiley, Esquire 5 South Hanover Street Cazlisle, PA 17013 Philip H. Spaze, Esquire Stock & Leader 221 W. Philadelphia, St., Suite E600 York, PA 17401-2994 Edwazd L. Schorpp, Esquire 3 5 Thrush Drive Cazlisle, PA 17013 NAUMAN, SMITH, SHISSLER & HALL, LLP By; ~ - . Stephen 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: October 25, 2010 Stephen D. Tlley, 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 PENNSYLVANIA STATE BANK IN THE COURT OF COMMON PLEAS PNC REALTY SERVICES, OF CUMBERLAND COUNTY, PENNSYLVANIA Appellant Vs. CIVIL ACTION - LAW CUMBERLAND COUNTY BOARD OF NO. 10-6517 CIVIL M ASSESSMENT APPEALS, CUMBERLAND COUNTY, MECHANICSBURG 2nd WARD AND '77 MECHANICSBURG SCHOOL DISTRICT, Appellees .y Parcel No. 42-10-0646-050 PRAECIPE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Respondent, Cumberland County Board of Assessment Appeals, in the above captioned matter. L)ated:?, Respectfully submitted, By Stephen D. Til.ey, Esquire Attorney for Cumberland County Board of Assessment Appeals 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.13132318 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 PENNSYLVANIA STATE BANK : IN THE COURT OF COMMON PLEAS PNC REALTY SERVICES, : OF CUMBERLAND COUNTY, : PENNSYLVANIA Appellant VS. : CIVIL ACTION - LAW CUMBERLAND COUNTY BOARD OF NO. 10-6517 CIVIL ASSESSMENT APPEALS, CUMBERLAND COUNTY;, MECHANICSBURG 2nd WARD AND - _- MECHANICSBURG' SCHOOL DISTRICT, Appellees ti Parcel No. 42-10-0646-050 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, By ?- 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: Bonnie 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 PENNSYLVANIA STATE BANK IN THE COURT OF COMMON PLEAS PNC REALTY SERVICES, OF CUMBERLAND COUNTY, PENNSYLVANIA Appellant VS. CIVIL ACTION - LAW CUMBERLAND COUNTY BOARD OF NO. 10-6517 CIVIL ASSESSMENT APPEALS, CUMBERLAND COUNTY, . MECHANICSBURG 2nd WARD AND MECHANICSBURG SCHOOL DISTRICT, Appellees Parcel No. 42-10-0646-050 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 J. Stephen Feinour, Esquire NAUMAN SMITH Solicitor for Upper Allen Township 200 N. 3rd Street, 18th Floor P.O. Box 940 Harrisburg, PA 17108-0840 Philip H. Spare, Esquire STOCK & LEADER Attorney for Mechanicsburg Area School District 221 W. Philadelphia Street, Suite E-600 York, PA 17401-2994 Date: 2c9,Z2 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 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 PENNSYLVANIA STATE BANK . IN THE COURT OF COMMON PLEAS PNC REALTY SERVICES, : OF CUMBERLAND COUNTY, PENNSYLVANIA VS. Appellant CIVIL ACTION - LAW CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, MECHANICSBURG 2nd WARD AND MECHANICSBURG SCHOOL DISTRICT, Appellees Parcel No. 42-10-0646-050 NO. 10-6517 CIVIL Real Estate Assessment Appeal AND NOW, this Zo• 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 January 5, 2011 is cancelled and the case is continued generally at the call of any party. >7stphen cis J. Hoegen, Esquire D. Tiley, Esquire Stephen Feinour, Esquire /Philip H. Spare, Esquire 120F Es m? ?al2al tv ?? fi? Kevin A. ess,,?. o 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 PENNSYLVANIA STATE BANK, PNC REALTY SERVICES, Petitioner vs. CUMBERLAND COUNTY BOARD of ASSESSMENT APPEALS, CUMBERLAND COUNTY, UPPER ALLEN TOWNSHIP and MECHANICSBURG SCHOOL DISTRICT, : Respondents CIVIL ACTION - LAW ? ' S m BR S C F NO. 6517 of 2010 CO :z- -4 C:) = -n C) =K - c: C ) PRAECIPE TO WITHDRAW AND SUBSTITUTE COUNSEL TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 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 finn of Stavitsky & Associates, LLC on behalf of the Respondents in the above-referenced matter. Respectfully submitted, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY W BY• Fran is A , squire HO ASSOCIATES, PC 152 outh Franklin Street Wilkes-Barre, PA 18701 (570) 820-3332 Entering Counse5: -1 BY: S AVITSKY & 34 Broad Street Cliftoi, (973) 594-9292 TES, LLC John C. Hyon,Esq. OF THE PROTHONOTARY Stavitsky &Associates LLC 2013 SEP _g. PM 2: 35 350 Passaic Ave Fairfield,New Jersey 07004 CUMS,ERl.AND COUNTY (973)227-191.2 PENNSYLVANIA ATTORNEY FOR PETITIONER PENNSLYVANIA STATE BANK, PNC IN THE COURT OF COMMON PLEAS OF REALTY SERVICES, CUMBERLAND COUNTY Petitioner, V. .CUMBERLAND.COUNTY BOARD OF CIVIL•ACTION-LAW ASSESSMENT APPEALS, CUMBERLAND NO. 6517 of 2010 COUNTY, UPPER ALLEN TOWNSHIP AND MECHANICSBURG SCHOOL DISTRICT, Respondent. PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY/CLERK OF SAID COURT: Pursuant to Rule 229 of the Pennsylvania Rules of Civil Procedure,Petitioner hereby withdraws this matter. As such,you are hereby authorized, empowered, and directed to enter a discontinuance of this action. John C.Hyon,Esq. Attorney for Party Named Above Supreme Court ID No.: 310683 Firm: Stavitsky &Associates LLC Address: 350 Passaic Ave Fairfield,New Jersey 07004 Telephone No,: 973-227-1912 i Facsimile: 973-2W-1925 Date: t�` t� Si natu e• John . Hyon, Esq.