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HomeMy WebLinkAbout10-6698ft~.~o-aEf~c~ of T~-`f ~' tCT;~a~OTA~'~ Joseph A Turri 201 Runson Road Camp Hill, PA 17p11 (717) 737-1140 PETITIONER ZOf~ ACT 20 P~ 4~ G9 CU~''~E~LA6~~D CCUfdTY Pf~wt~SYLVA4A JOSEPH A. TUIRRI Petitioner tN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, 80RdUGH OF MECHANICSBURG, And MECHANICSBURG AREA SCHOOL DISTRICT, CIVIL ACTION -LAW to - CotogB Civil TP.rrn NO. OF 2010 Respondents PETITION FOR APPEAL FROM THE DECISION OF THE CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS AND NOW COMfS, Joseph A Turri, representing himself, and flies this Petition for Appeal from the Assessment bf the Board of Assessment Appeals for Cumberland County, and in support thereof avers as follows: 1. Joseph A Turri is a property owner with an address Joseph A Turri, 201 Runson Road, Camp HiN, Phnnsylvania 17011. 2. Petitioner is the owner of a certain parcel together with improvements, identified as Parcel No. i~-23-0567-062 ("Premises"). 3. Respondent, Board of Assessment Appeal of Cumberland County ("Board"), is a board for assessment and revision of taxes within the general assessment law of the Commonwealth of PerMnsylvania. 4. The Premises are located within the boundaries of Cumberland County, Mechanicsburg Boro~gh, and the Mechanicsburg Area School District. A true and correct copy of this Petition shall be served forthwith upon the municipalities and school district. 1 5. For the purposes of the 2011 tax year, the Board assessed ifie Premises which is designated with parcel #19-23-0567-062 as follows: Land $212,500 Improvements- 312.500 Total $525,000 (see exhibit A) 6. On or about May 26, 2010, Petitioner filed an Assessment Appeal with the Cumberland County Board of Assessment Appeals. 7. On September 22, 2010 a hearing was held by the Board. 8. ~ September 22, 2010 the Board issued a decision denying the requested reduction in the tax assessment for #19-23-0567-062. A true and correct copy of the Decision Notice is attached hereto as Exhibit "A" and incorporated herein by reference. 9. Petitioner alleges that the decision is improper, unsatisfactory and unlawful for one or more of the following reasons: a. The assessment is based upon an erroneous determination of the fair market value, particularly as it concerns Petitioner's property. b. The assessment is based in whole or in part upon appraisals that do not represent the actual value of the said property. c. The assessment as determined by the Cumberland County Board of Assessment Appeals does not reflect the current market value of the property as determined by Mr. Mark Walker, the owner of Walker Realty, a company kxated at 14 N. Walnut Street, Mechanicsburg, Pennsylvania and renowned as expert in the field of commensal real estate in the market in which the petitioners property is located. d. ' Mr. Walker contends that the property is encumbered with a multitude of impediments to thwart ready sale: 2 i. The ceiling height of 20 feet is below standard warehouse height, and above acceptable industrial standards. Heating and cooling costs are adversely impaled by this excess height. Rental as warehousing is impeded by the sub- standard height. ii. The Lot Size if 0.85 acres and the building is 30,589 square feet, virtually filling the entire lot with building. iii. The need to provide access for large tralor-trailers makes the occupant (Advanced Coating Technology) completely dependent upon street parking. To keep the building completely accessible for tralor~railer use leaves Advanced Coating Technology with only two parking spaces for customers and vendors: none for employees, who must find street parking. iv. The neighborhood is residential. The several ~mmercial properties on the south side of W. Allen Street must contend with the problems of doing business in a contentious residential ambience which severely limits the size of the available market for selling the property. (see exhibit B) v. The former owner had the building on the market for allegedly five years before the Petit~ner came along. For the Petitioner, the property happened to be ideal in size and height for his industrial coating business. vi. The Petitioner made every effort to ameliorate disturbance to residents of the neighborhood: (parking, exhaust fan noise, tralor-trailer traffic, etc.), but complaints still reached City Hali. vii. When Calabrese (the former owner) added 10,000 square feet of warehousing space to the original 20,000 square feet building, he encroached onto the Borough's right-o# way for sidewalks and curbs. Dick Stewart, the Petitioner's attorney for closure in the year 1989, advised that the condition could become a problem if the Petitioner needed to resell. viii. The Petitioner added a 5,000 square foot building on the Norfolk and Southern property on the south side of the building to reduce exposure of the main building to fire hazard from stored sohrents and paints. Norfolk and 3 Southern will not sell the Petitioner the land. There is an annual rental charge, which increases each year with the CPi. (See exhibit C). ix. Exhibit B portrays the multitude of problems that Mr. Walker sees as serious impediments to the sale of the property. x. Mr. Walker contends that he would be hard pressed to find a buyer for the property at $300,000. xi. To substantiate his judgment Mr. Walker searched recent sales of similar properties and found: 1. A 25,000 square foot industrial building in Mount Holly Springs that sold for $250,000 after 81 days on the market. The $10.00 per square foot verifies Mr. Walker's claim that the approximate 30,000 square foot building has a "fair market" value of $300,000, not $525,000 "Board Decision Assessed Value". 2. A 27,780 square foot building at 103 Midway Drive, South Middleton Twp, Carlisle. This former tennis club on 3 acres zoned commercial has 33 parking spaces. The asking price was $525,000 or $18.90 per square foot. The property has been on the market for three years, an indication that the true market value is far below the $18.90 per square foot asking price, even though the property includes three acres zoned commercial. xii. The Hoard of Decision value of $525,000 for Petitioner's property of approximately 30,000 square feet is $17.50 per square foot. xiii. The Board improperly computed the assessed value of the Petitioner's Property, resuRing in a value unreasonably high, improper, unjust and contrary to law, an assessed value that is greater than the Property's "fair Market" value. 4 WHEREFORE, Petitioner requests this Honorable Court to reduce the assessed value to Mr. Walker's recommended fair market value of $300,000, and thereafter make all necessary orders and decrees to effectuate said Decision. Respectfully submitted, Dated: October 20, 2010 5 Camp Hill, PA 17011 (717) 737-1140 JoeturrisrJ@aol.com Cumberland County Boair+d of Assessment Appeals Old Courthouse, First Floor One Courthouse Square caritsie, PA 17013 EXHIBIT - "A" 1900038-l5-1 TORAI, aTOS1tP8 ]- 101 R113rSCAff 1tOAD CAIrP RILL PA 17011 THiS IS NOT A TAX BELL ~ Cumberland County Board of Commissioners Gary Eicheiberger, Chairman Richard L Rovegrro, Vice-Chairman Barbara B. Cross, Secretary i • ii • L•a•8 • a ~.. ~ This is your oflfir~al notice of the dec~siort by the Cumbertand County Board of Assessment Appeals regarding ya,r appeal of the assessed value of the real property described below. The Board has determined a change or no dtarlge in assessed value, as indicated and explained below. IWILIflO aszs: 09/=~/polo lhmic. z 19 - 1ril7aNIC88Ga0 4?H 16tD Schools 6 - IODCBaYSCHIORI~ SD Location: 317 N Ar.L~lr 8'SRalS Taxable PL'OPlltr PzopartY iypas CN Coaazarcial - Nas'ahousa Parcel Identifier. 19 - 2 3- 0 5 6 7- 0 6 2. Effertlve for Tax Year: 2 011 APPEALED BOARD DECISION A88ESSED VALUE ASSESSED VALUE Land 111,SOO ala,soo Bidldlrrps 394, 800 3i1, 500 ~T~ 607,3D0 525,000 LarM IiOT ~~ Buildings A?BLICABLB APPLICABLE TOTAL Tax Status Taxable Taxable CMan snaf Gram Staters DECISION: >2evised Assessment Based on Hearing. As of September 22, 2010 the Board of Assessment Appeals and/or one of its Auxiliary Boards has issued the above decision regarding your formal assessment appeal. This is your final notice. ff you are not satisfied with this decision, you may appeal to the Cumberland County Court of Common Pleas within 30 days from the date of this notice. cc: Secretary of Municipality Setxetary of School District Ed Sdtorpp, Solirtitor .«p ~ £ a ~$3 ~.... t 4' ` D ~ y O < ~ c ~ ~ ~ - a ct ~ m a ~ o. ~^ ro 0 0 °i o a ni ~ .o,, ~ p v ^ m ~ m ooi 3 0~ °_~ Gl N off' a y ~ 7 ~° ~~ ; Q' .~ ry ~ y ~. 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Ywiafer Gre llemur~ M.naw 110 FRANKLIN ROAD ROANOKE, VA 24042-0034 9009016862 SSPTffi[BER 13, 2010 T15349 Rcmit To Bill To J038PH A TIIRRI NORFOLK 30IITHSRN CORPORATION 20 RONSON RD P.O. HOBS 116944 HILL, PA 17011-2638 ATLANTA, GA 30368-6944 Direct Inquiries To 540-981-5499 Fax 540-981-5531 Invoice Description Service A~1993%10/12te LaBt AeenAeQ ~,~= 2010/09/01 ~335t00 To :2011/08/31 LEA3E OF LAND LOCATED AST NECHANIC3HIJRG PA FOR1iSRLY ~ RENT# 16477554 FORMBRI.Y CRR REdI3TRY~ 306684 LOCATION: 1[ECHA1fICSBUR(~ PA RBPER~ NDllHER: BILL ER: RT15349001 INCREASE TYPE: CPI-If8 ALL IT$~8,'CfiUR0000AA0' BA88 INDBfB - PERIOD: 1993/09 Percent: 424.90 CilRTtBlIT TiNDBS -PERIOD: 2010/05 Percent: 637.81 INCREASS'AllOUNT: PLEASE PAY THIS AN~UNT Pleas Osbch sad Rsmit..wNh Payment 167.86 12.56 wiob~ N~ YnolsD~lr Aocawr Mw~ 9009016862 BEPTBILBffi2 13, 201 T15349 J03$PH A TURRI 201 RUNSION RD CAMP HILL, PA 17011-2638 w ~ $~2.~ PAYMENT DUE BY OCTOBER 13, 2010 NORFOLK SOUTHERN CORPORATION P.O. HO% 116944 ATLANTA, tiA 30368-6944 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the attached Petition for Review of an Appeal, Rule to Show Cause and proposed Order upon the persons and in the manner indicated below, which service satisfies the requirements of Pa.R.GP. 440: Service bvflrst-cuss, certified mail, return receiat requested: Cumberland County Board of Assessment Appeals Old Courthouse, First Floor One Courthouse Square Carlisle, PA 17013 Cumberland County Commissioners Cumberland County Offices 1 Courthouse Square Carlisle, PA 17013 Borough of Mechanicsburg 36 West Allen Street Mechanicsburg, PA 17055 Mechanicsburg Area School District School Hoard of Directors 100 E. Elmwood Ave., 2"d Floor Mechanicsburg, P~055 ^ //~~~ X101 Runson Road Camp Hill, PA 17011 (717) 737-1140 Joeturrisrl@aol.com The Appellant Dated: October 9, 2010 JOSEPH A. TURRI, PETITIONER V. THE BOARD OF ASSESSMENT APPEALS OF CUMBERLAND COUNTY, RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 10-6698 CIVIL TERM ORDER OF COURT AND NOW, this day of October, 2010, a hearing on the within appeal from the decision of the Cumberland County Board of Assessment Appeals shall commence at 9:30 a.m., Wednesday, March 23, 2011, in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Albert H. Maslan , J. ~seph A.Turri, Pro se 201 Runson Road Camp Hill, PA 17011 ~tephen Tiley, Esquire 5 South Hanover Street Carlisle, PA 17013 ~berland County Board of Assessment Appeals Mechanicsburg Borough ;~, ~,,, 36 West Allen Street ~~~ ~ ~, Mechanicsburg, PA 17055 ~~ ~ m '~'' ~ ~'"7 ~ '~'~' =- ~y --~ ~ r -r, Qn r ~` --iQ ~ -~s ~ ~ ~ ~ o `rte `-~ ~ t.~t .~- ~ -< ~chanicsburg School District 100 E. Elmwood Avenue, 2"d Floor Mechanicsburg, PA 17055 /Edward Schorpp, Esquire Solicitor 35 S. Thrush Drive Carlisle, PA 17015-7652 :saa `.D t F,.S ~~ ~ ~1..- ~ a.Sl ~d ~~ 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 JOSEPH A. TURRI, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, Petitioner : PENNSYLVANIA VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Respondents Parcel No. 19-23-0567-062 : NO. 2010-6698 CIVIL : REAL ESTATE TAX : ASSESSMENT APPEAL ORDER -0te< 71 AND NOW, this l day of March, 2011, upon representation by Stephen D. Tiley, Esquire, counsel for the Respondent, 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. By the Court, SDT/tl 'Joseph A. Turri Cop)*65' Wild (/Stephen D. Tiley, Esquire '?IIIrD, es Albert H. Masland, J. JOSEPH A. TURRI, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, Petitioner : PENNSYLVANIA VS. c) c a ? CUMBERLAND COUNTY BOARD OF NO. 2010-6698 CIVIL zc = ASSESSMENT APPEALS, :7 %rr, . ,.?? ,: , Respondent c ?, --4 CD a 3 : REAL ESTATE TAX --+ ?' Parcel No. 19-23-0567-062 .< : ASSESSMENT APPEAL CD ORDER AND NOW, this / day of loe?-?' / , 2011, upon l 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 10, 2010, is $459,200. 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 $459,200. 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 f? Albert H. Masland, J. cc: Joseph A. Turri ?.?,,?I? ,/ Stephen D. Tiley, Esquire C-T- /1'J00