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HomeMy WebLinkAbout10-6717CCNB BANK, NA/ PNC REALY SERVICES, Petitioner V. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, NEW CUMBERLAND 1ST WARD AND WEST SHORE SCHOOL DISTRICT, Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6717 CIVIL ORDER OF COURT ,~ o a -*- -.~ 0 o ~-~'1 ,.. aaD " ~o c ~~ tv ~--+ ° o ~ ~~ o'r' o y ~ ~ AND NOW, this 26th 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 16, 2010; 3. The Prothonotary is directed to forward said Answer to this Court 4. A hearing on this matter will be held on Friday, April 1, 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 23, 2011, in the following format: I. A concise statement of factual issues to be decided at the hearing. II. A list of witnesses the party intends to call at the hearing along with a concise statement of their anticipated testimony. III. A list of all exhibits each party anticipates presenting at hearing. IV. A statement of any legal issues each party anticipates being raised at hearing 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 ndrew Sheely, Esquire For New Cumberland 1St Ward oanne Sommer, Esquire For West Shore School District bas ~ ES m~i.l4d_. /O ~?~l0 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 CCNB BANK NA/ : IN THE COURT OF COMMON PLEAS PNC REALTY SERVICES, : OF CUMBERLAND COUNTY, : PENNSYLVANIA Petitioner VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, NEW CUMBERLAND 1st WARD AND WEST SHORE SCHOOL DISTRICT, Respondents Parcel No. 25-24-0813-096 CIVIL ACTION - LAW NO 2010-6717 r ' . - . 0s: 55. ! V i PRAECIPE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Respondent, Cumberland County Board of Assessment Appeals, in the above captioned matter. Dated: /, 2,v/© Respectfully submitted, By w< StepheifD. Tiley, 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 CCNB BANK NA/ : IN THE COURT OF COMMON PLEAS PNC REALTY SERVICES, : OF CUMBERLAND COUNTY, : PENNSYLVANIA Petitioner VS. CIVIL ACTION - LAW CUMBERLAND COUNTY BOARD OF NO 2010-6717 . ASSESSMENT APPEALS, ..7 D CUMBERLAND COUNTY ; C= = = , NEW CUMBERLAND 1st WARD AND ? _."'' WEST SHORE SCHOOL DISTRICT 'D Respondence Parcel No. 25-24-0813-096 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: A/w/I /'t4" D/e Respectfully submitted, By . Stephen . 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: /I??? ?6®l0 Cathy S. Waters, Assessment Supervisor 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 Aisle. Pennsylvania 17013 Fax.: 717-243-6441 CCNB BANK, NA/ IN THE COURT OF COMMON PLEAS PNC REALTY SERVICES, OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, NEW CUMBERLAND 1st WARD AND WEST SHORE SCHOOL DISTRICT, . NO. 10-6717 CIVIL Respondents Parcel No. 25-24-0813-096 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 Andrew C. Sheely Esquire Attorney for New Cumberland, 1st Ward P.O. Box 95 Mechanicsburg, PA 17055 Mark A. Cappuccio, Esquire EASTBURN & GRAY Attorney for West Shore School District 60 East Court Street, P.O. Box 1389 Doylestown, PA 18901-4350 Date: Stephen . 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 CCNB BANK NA/ IN THE COURT OF COMMON PLEAS PNC REALTY SERVICES, OF CUMBERLAND COUNTY, PENNSYLVANIA VS. Petitioner : CIVIL ACTION - LAW CUMBERLAND COUNTY BOARD OF NO. 2010-6717 ASSESSMENT APPEALS, CUMBERLAND COUNTY, NEW CUMBERLAND 1st WARD AND WEST SHORE SCHOOL DISTRICT, . z; .? ?. Respondents Z3 Parcel No. 25-24-0813-096 = c.., ?.. MOTION TO VACATE RULE TO SHOW CAUS E f AND NOW, comes the Cumberland County Board of Assessment Appeals, Respondent, by its attorney, Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor for Tax Matters, and files this Motion to Vacate Rule To Show Cause, of which the following is statement: 1. This assessment appeal involves a branch bank building located in the Borough of New Cumberland, Cumberland County, Pennsylvania, and being Tax Parcel No. 25-24-0813- 096. On October 21, 2010, Taxpayer filed a " Petition for Appeal from the Decision of the Cumberland County Board of Assessment Appeals." On October 26, 2010, a Rule was issued by Judge M. L. Ebert, Jr., upon the Cumberland County Board of Assessment Appeals to show cause why the taxpayer is not entitled to the relief requested. 2. The Rule also required that Respondent file an Answer, and Appellee filed an Answer on November 16, 2010. ti 3. The Petition does not request a reduction in assessment to a specific amount. The Petition only states that the assessment and fair market value set by the Board of Assessment Appeals is too high. The taxpayer's opinion of value cannot be ascertained from the Petition. 4. Appeals to Court from the Board of Assessment Appeals are de novo and after the Assessment Office places its assessment record into evidence, the burden of proof shifts to the taxpayer to prove by competent and credible evidence that that assessment is not valid. Green v. Schuylkill County Board of Assessment Appeals, 565 Pa 185 772 A2d 419 (Pa. 2001). In assessment appeals, the Rules of Civil Procedure are not applicable and the Court may direct its own procedure for the case. In Re: Appeal of the Borough of Churchill, 525 Pa. 80, 575 A2d 550 (Pa. 1990). 5. Respondent avers that taxpayer's appeal does not set forth a prima facie case for relief as the hearing is required in order for the assessment to be placed into record, and then the taxpayer given the opportunity to overcome the presumptive validity of that assessment, with competent and credible evidence. 6. The Court has set a Hearing date for January 7, 2011. 7. Petitioner has sought the concurrence of counsel for the taxpayer and their response was that they: Do concur in this Motion. WHEREFORE, Respondent, Cumberland County Board of Assessment Appeals, prays Your Honorable Court for an Order vacating the Rule to Show Cause dated October 26, 2010. Dated: .22 D/,, Respectfully submitted, By L? 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 . I 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 CCNB BANK, NA/ : IN THE COURT OF COMMON PLEAS PNC REALTY SERVICES, : OF CUMBERLAND COUNTY, . PENNSYLVANIA Petitioner Vs. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, NEW CUMBERLAND 1st WARD AND WEST SHORE SCHOOL DISTRICT, NO. 10-6717 CIVIL Respondents Parcel No. 25-24-0813-096 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Motion to Vacate Rule to Show Cause by placing a 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 Andrew C. Sheely Esquire Attorney for New Cumberland, I st Ward P.O. Box 95 Mechanicsburg, PA 17055 Date: '?,, d2,_2,0/,0 Mark A. Cappuccio, Esquire EASTBURN & GRAY Attorney for West Shore School District 60 East Court Street, P.O. Box 1389 Doylestown, PA 18901-4350 Stephen . Tiley, Esquire Assistant Cumb. Co. Solicitor 5 S. Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D.#32318 CCNB BANK, NA/ PNC REALTY SERVICES, Petitioner VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, NEW CUMBERLAND 1st WARD AND WEST SHORE SCHOOL DISTRICT, Respondents Parcel No. 25-24-0813-096 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6717 CIVIL ORDER AND NOW, this Z 1 day of November, 2010, upon consideration of the foregoing Motion to Vacate Rule to Show Cause, the Rule dated October 26, 2010 is vacated. The case will be decided pursuant to the Hearing previously scheduled for April 1, 2011, and pre-hearing memorandums shall be filed on or before March 23, 2011, as provided by Order of Court dated October 26, 2010. By The Court M. L. Ebert, Jr. J. cc: /Francis J. Hoegen, Esquire C ° Andrew C. Sheely, Esquire G -+ Mark A. Cappuccio, Esquire Z rn Stephen D. Tiley, Esquire r Q C?p??r A o .Z4C) 2n. ?? ?•? s orn CM 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 CCNB BANK, NA/ : IN THE COURT OF COMMON PLEAS PNC REALTY SERVICES, . OF CUMBERLAND COUNTY, PENNSYLVANIA VS. Petitioner CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, NEW CUMBERLAND 1st WARD AND WEST SHORE SCHOOL DISTRICT, Respondents Parcel No. 25-24-0813-096 AND NOW, this /uP, NO. 10-6717 CIVIL 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 April 1, 2011 is cancelled and the case is continued generally at the call of any party. ?ncis J. Hoegen, Esquire tephen D. Tiley, Esquire /ndrew C. Sheely, Esquire Mark A. Cappuccio, Esquire cT . LL 1 tt S' !>rt?l M. L. Ebert, Jr., -T?,.. ;m cn o-" i -ti C=z Q C7 c? rv 0 w? rT)? rri --gyp x1 C') . i M .we7 ?:? 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 CCNB BANK, NA/ PNC REALTY SERVICES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Petitioner vs. CUMBERLAND COUNTY BOARD of ASSESSMENT APPEALS, CUMBERLAND COUNTY, NEW CUMBERLAND 1sT WARD and WEST SHORE SCHOOL DISTRICT, Respondents CIVIL ACTION - LAW o z :::r l r- F rn -V 2.X CJ ? ? N r n CC) NO. 6717 of 2010{r Q r` C7> = - c CDri 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 firm of Stavitsky & Associates, LLC on behalf of the Respondents in the above-referenced matter. Respectfully submitted, W BY: HOEVN & ASSOCIATES, PC 152 South Franklin Street Wilkes-Barre, PA 18701 (570) 820-3332 Entering Counsel: CTifton NJ 07013 , (973)594-9292 BY: clae t STAV[TSKY ? 341 Broad St t ATES, LLC �Davic[ D. Buelr Prothonotary Office of the Prothonotary Cum6er[andfCounty, Pennsylvania xirkS. Solionage, ESQ Solicitor !0— I'Yi'7 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT,. DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, P • Thane 717 240-6195 • T'aX 717 240-6573