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Home My WebLink About10-6716' ~~ i ~ ~ 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 OCT 2 2 2010 CCNB BANK, NA/ PNC REALTY SERVICES, Petitioner vs. CUMBERLAND COUNTY BOARD of ASSESSMENT APPEALS, CUMBERLAND COUNTY, LOWER ALLEN TOWNSHIP and WEST SHORE SCHOOL DISTRICT, CIVIL ACTION -LAW l0- Lo71~v Civit^TEr•m NO. OF 2010 Respondents ORDER AND NOW, this day of 2010, upon the attached Petition and for good cause shown, it is hereby ordered and decreed that the matter be scheduled for hearing on ,-~- as ~~ ~,t~ ~ - 3d ~? rh. , - d ~x~ x L:\Tax Appeals\PNC Bank\Cumberland\Order.l3-23-0561-081..Doc ~ ES r-~~ l l~ ~. lt. R~ J • Sorh S'. /' Ll ,~.n't,.. so~~~ - C'~. ~ - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY P.:] t. _.~ -T~ ~~ ~ _ _ ~i~ _3.... --~ ate, i r ~ -~. ~ ~C3 ~ -- r-- __°^ --t ~ ~'~ i ~~ ~ ~ ~ .~ ~ c~ ~ ~~ .~~_ ,~-- rv ~ T~7 TTTT /"~l1T TT)T_ CCNB BANK, NA/PNC REALITY SERVICES, : IN THE COUI OF CUMBER] Petitioner CIVIL AC7 vs. CUMBERLAND COUNTY BOARD of T OF COMMON PLEAS AND COUNTY ON - LAW ASSESSMENT APPEALS, CUMBERLAND NO. 10-67116 Civil Term COUNTY, LOWER ALLEN TOWNSHIP And WEST SHORE SCHOOL, DISTRICT Respondents ANSWER TO PETITION FOR APPEAL FROM THE DECISION O COUNTY BOARD OF ASSESMENT APPEAL NOW COMES, Respondent, Lower Allen Township, by Steven P files the following response: 1. Admitted upon information in belief. 2. Admitted upon information in belief. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. The averments of paragraph 9 and each of its sub-letter conclusions of law to which no responsive pleading is req responsive pleading is required, the averments of paragraph 9 are THE CUMBERLAND Miner, Esquire Solicitor in d paragraphs set forth are fired. To the extent that a denied. WHEREFORE, Lower Allen Township prays its Honorable Court for an order denying the Appeal of Petitioner or for such other relief that the court may deem just and roper. Respectfully Submi ed, ?Steven . Miner, squire Attorney I.D. No. 38901 1035 MummaRo d, Suite 101 Wormleysburg, P 17043 Phone: (717) 724-9821 Email: smineradzmm2law.com ' Y CCNB BANK, NAiPNC REAJLIT'Y SERVICES,: Petitioner vs: CtT MBERLAND COUNTY I30ARD of ASSESSMENT APPEALS, CUMBERLAND COUNTY, LOWER ALLEN TOVdNSHIP And WEST SHORE, ,SCIIOOL DISTRICT Respondents IN THE COURT OF COMMON PLEAS OF CLJMBERL.AoTD COUNTY CIVIL ACTION - LAW NO.--V11OL OF2010 Z, Thomas G. Vernau, hereby certify that I atn Township Manager of Lower Allen i Township, and that1 ain au`ltorized to execute this Verification on its b =ISION that the facts set forth in the foregoing ANSWER TO PETITION FOR APPEAL FROM OF THE CUMBERLAND COUNT' 130ARD OF ASSESMENT APPEALS is true and coirect to thebest of icy knowledge, information and belief. I understand that false statements made herein are made subjcct to the penalties of 13 Pa. C.S. §4909, relating to unsworn falsification to authorities. Dated Lower Allen To-wiiship CCNB BANK, NA/PNC REALITY SERVICES, IN THE CO RT OF COMMON PLEAS OF CUMBE AND COUNTY Petitioner CIVIL AC TION - LAW vs. CUMBERLAND COUNTY BOARD of ASSESSMENT APPEALS, CUMBERLAND NO. 10-67 6 Civil Term COUNTY, LOWER ALLEN TOWNSHIP And WEST SHORE SCHOOI, DISTRICT Respondents CERTIFICATION: OF SERVICE 1, Steven P. Miner, Esquire, =- certify that on 11/3/2010 I served is United States Mail a true and correct copy of the forgoing Answer to Petition for Appeal fr m the decision of the Cumberland County Board of assessment. Appeals: Edward Schorpp, Esquire Stephen D Tiley, Esquire County of Cumberland- Solicitor's Office Solicitor, umberland Country 36 West Allen Street Board of ssessment Appeals Mechanicsburg, PA 1,7055 5 South H over Street Carlisle, P 17013 Francis J. Hoegen, Esquire Mark Cap uccio, Esqurie HOEGEN & ASSOCIATES, P.C. Solicitor, est Shore School District 152 South Franklin Street 60 East Co Street P.O'. Box 346 P.O. Box 1 3 9 Wilkes-Barre; PA 18703-0346 Doylestown PA 18901-0137 Date: November 3, 2010 Respectfully Subm?tted, DALEY ZUCKE 1YIEILTON MINER & GIN CH, LLC f By: / 9' Steven F Miner, E quire Attorney I.D. No. 3 901 1.035 Mumma Road, Suite 101 Wormleysburg, PA 17043 Phone: (717) 724-9821 Email: smineraa,dz alaw.c< 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, genaylyania 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. 2010-6716 ASSESSMENT APPEALS, . CUMBERLAND COUNTY, . LOWER ALLEN TOWNSHIP AND WEST SHORE SCHOOL DISTRICT, Respondents Parcel No. 13-23-0561-081 TO THE PROTHONOTARY: PRAECIPE Please enter my appearance on behalf of the Respondent, Cumberland County Board of Assessment Appeals, in the above captioned matter. Dated: ?G/. Respectfully submitted, By Stephen D. iley, Esquire Attorney for Cumberland County Board of Assessment Appeals 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.13432318 a 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, LOWER ALLEN TOWNSHIP AND WEST SHORE SCHOOL DISTRICT, Respondents Parcel No. 13-23-0561-081 CIVIL ACTION - LAW NO. 2010-6716 r.;, tiL) CO 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 /' 0 " /'z Respectfully submitted, Step en D. iley, 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. A A /%M I Dated: Cat S. Waters, Assessor 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 Carlisle Pence nia 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, LOWER ALLEN TOWNSHIP AND WEST SHORE SCHOOL DISTRICT, NO. 10-6716 CIVIL Respondents Parcel No. 13-23-0561-081 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 Steven P. Miner Esquire Attorney for Lower Allen Township 1035 Mumma Rd., Suite 101 Wonmleysburg, PA 17043-1035 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 D. 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, LOWER ALLEN TOWNSHIP And WEST SHORE SCHOOL DISTRICT Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 10-6716 Civil Term Praecipe to Withdrawal Answer To the Prothonotary: c'a c rCD z=rn :,o;0 (,or- 0 M C-) -.r -v Kindly withdrawal the Answer to Petition for Appeal from the decision of Cumberland County Board of Appeals filed by Lower Allen Township on or about November 4, 2010. Respectfully Submitted, Date: December 16, 2010 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By:?-?-,? l Steven P. Ndir Esquire Attorney I.D. No. 38901 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 Phone: (717) 724-9821 Email: sminernrl ...Rlaw ??+?'?' yVlll c? CCNB BANK, NA/PNC REALTY SERVICES, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Petitioner CIVIL ACTION - LAW vs. CUMBERLAND COUNTY BOARD of ASSESSMENT APPEALS, CUMBERLAND COUNTY, LOWER ALLEN TOWNSHIP And WEST SHORE SCHOOL DISTRICT NO. 10-6716 Civil Term Respondents CERTIFICATION OF SERVICE I, Steven P. Miner, Esquire, certify that on I served via United States Mail a true and correct copy of the forgoing Praecipe to Withdrawal Answer from the decision of the Cumberland County Board of assessment Appeals: Edward Schorpp, Esquire County of Cumberland- Solicitor's Office 36 West Allen Street Mechanicsburg, PA 17055 Stephen D. Tiley, Esquire Solicitor, Cumberland Country Board of Assessment Appeals 5 South Hanover Street Carlisle, PA 17013 Francis J. Hoegen, Esquire HOEGEN & ASSOCIATES, P.C. 152 South Franklin Street P.O. Box 346 Wilkes-Barre, PA 18703-0346 Date: December 16, 2010 Mark Cappuccio, Esqurie Solicitor, West Shore School District 60 East Court Street P.O. Box 1389 Doylestown, PA 18901-0137 Respectfully Submitted, DALEY ZLiCKER MEILTON MINER B-CINGRICH, LLC By: `- / Steve P. Miner, Esquire Attorn y I.D. No. 38901 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 Phone: (717) 724-9821 Email: sminer(ZWzmmglaw.com Stephen D. Tiley, Esquire Supreme Court No. 32318 Attorney for Appellant Cumberland County Board of Assessment Appeals Tel: 717-243-5838 5 South Hanover Street Fax . 717-243-6441 rl I nnsvlvani 17013 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, LOWER ALLEN TOWNSHIP AND WEST SHORE SCHOOL DISTRICT, NO. 10-6716 CIVIL Respondents Parcel No. 13-23-0661-081 Real Estate Assessment Appeal AND NOW, this day of December, 2010, upon representation --LA- by Stephen D. Tiley, Esquire, that the parties have agreed to a general continuance of the above captioned matter, the hearing previously scheduled for February 11, 2011 is cancelled and the case is continued generally at the call of any party. Francis J. Hoegen, Esquire ?e hen D. Tiley, Esquire teven P. Miner, Esquire lark A. Cappuccio, Esquire v C CO co `_- ".: C C= N C) 706 a° -a CD C..,' 17 CD n t 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, Petitioner vs. CUMBERLAND COUNTY BOARD of ASSESSMENT APPEALS, CUMBERLAND COUNTY, LOWER ALLEN TOWNSHIP and WEST SHORE SCHOOL DISTRICT, Respondents CIVIL ACTION - LAW c") `ern _<3> NO. 6716 of 2010 rr X_ N c._ r-- N CD ?t ! Y PRAECIPE TO WITHDRAW AND SUBSTITUTE COUNSEL TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw the appearance of Francis J. Hoegen, Esquire, and the law firpn 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, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY W (570) 820-3332 BY: Fran is VASVCIATES, g squire HOE PC 152 uth Franklin Street Wilkes-Barre PA 18701 Entering BY: TCVM C. ?ler\. qu re STAVI SKY A SOCIATES, LLC 341 Bro Stre Clifton, N (973) 594-9292 Q 71 rn? -n rn ::D= C) , 4?.T Francis 3. 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.: Petitioner VS. CUMBERLAND COUNTY BOARD of ASSESSMENT APPEALS, CUMBERLAND COUNTY, LOWER ALLEN TOWNSHIP and WEST SHORE SCHOOL DISTRICT, Respondents "~€E FIROTHONOM 2011 SEP -9 PH 12: 1 JUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAVE' NO. 6716 of 2010 PRAEC11PE TO WTTIIDRA.W AND SUBSTITUTE COUNSEL TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw the appearance of Francis J. Hoegen, Esquire, and the law fine 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, BY: HOB NBC ASSOCIATES, PC 152 uth Franklin Street Wilkes-Barre, PA 18701 (570) 820-3332 Entering Counsel: BY: L. 4Esq re S AVITSKY &A S IATES, LLC 3 a treet Clifton, NJ 07013 (973) 594-9292 David D. Buell Prothonotary Office of the Prothonotary Cum6errand County, Pennsylvania ?rkS. Sohonage, SS'Q Solicitor -LIY`6 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28T" 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 • CarCisCe, TA • (Phone 717 240-6195 • 'Fax 717 240-6573