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HomeMy WebLinkAbout10-6722 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 0Ci' ~ ~' 2O1U CIVIL ACTION -LAW HCR MANORCARE PROPERTIES, LLC Appellant No. ~ ~ - ~~ ~.~- Parcel No. 40-23-0602-146 Q C7 ~ ~ _ -~ Property: 940 Walnut Bottom Road ~ ~, g-~r~ Stonehedge, PA :.~ ~~, `~ t -~ ~ South Middltown Township ~n ~ ~ ~ r? . r-_ ~~ -v ~-,~ o-n vs. ~ r O~ THE BOARD OF ASSESSMENT v~ _,~ w v APPEALS OF CUMBERLAND COUNTY,: REAL ESTATE TAX ~ ° ~ --< ASSESSMENT APPEAL Appellee ORDER ~~ AND NOW, this ~ day of ~ ~~~~'~" , 2010, upon consideration of the foregoing petition, it is hereby DIRECTED that: (1) A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) The respondent shall file an answer to the petition within twenty (20) days of service upon the respondent; (3) The petition shall be decided under Pa.R.C.P. No. 206.7; C'o iFS' !! ~.~ l v ~~~ (4) Notice of entry of this order shall be provided to all parties by the ~ ~ , t .IK .-• (5) A hearing will be held on ~ ` day , 201~y.. .~ 3 to - ~G -i~ T RT: T rn.at FILED-OFFICE OF THE PROTHONOTARY Stephen D. Tiley, Esquire 2011 JAN 20 AM 9: 14 Supreme Court I.D. No. 32318 Attorney for Cumberland County Board of Assessment Appeals CUMBERLAND CEIEINT"1 5 South Hanover Street PENNSYLVANIA Tel: 717-243-5838 Carlisle Pennsylvania 17013 Fax: 717-243-6441 HCR MANORCARE PROPERTIES, LLC : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, Appellant : PENNSYLVANIA VS. : NO. 2010-6722 CIVIL TERM THE BOARD OF ASSESSMENT APPEALS OF CUMBERLAND COUNTY Appellee : REAL ESTATE TAX : ASSESSMENT APPEAL Property: 940 Walnut Bottom Road South Middleton Township Parcel No. 40-23-0602-146 MOTION TO VACATE RULE TO SHOW CAUSE AND NOW, comes the Cumberland County Board of Assessment Appeals, Appellee, 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 Nursing Home facility located at 940 Walnut Bottom Road, South Middleton Township, Cumberland County, Pennsylvania, and being Tax Parcel No. 40-23-0602-146. On October 21, 2010, Appellant filed an "Appeal from the Decision of the Cumberland County Board of Assessment Appeals." On November 2, 2010, a Rule was issued by the Honorable Edward E. Guido upon the Cumberland County Board of Assessment Appeals to show cause why the taxpayer was not entitled to the relief requested. 2. The Rule also required that Appellee file an Answer, and Appellee filed an Answer on January 20, 2011. 3. While the appeal filed by the taxpayer does provide an opinion of value, it does not provide any basis for that opinion of value, as the taxpayer anticipates presenting its valuation evidence at a Hearing. 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. Appellee avers that taxpayer's appeal does not set forth a prima facie case for relief as a 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 February 16, 2011. The Appellant, taxpayer, concurs in the general continuance of that hearing date to allow the parties to develop their evidence for the hearing, and attempt to settle the case. 7. Appellant has sought the concurrence of counsel for the taxpayer and he: Does concur in this Motion. An appearance has not been entered on behalf of either South Middleton Township or South Middleton School District. WHEREFORE, Appellee, Cumberland County Board of Assessment Appeals, prays Your Honorable Court for an Order vacating the Rule to Show Cause dated November 2, 2010, canceling the Hearing scheduled for February 16, 2011, and continuing the matter generally at the call of any party 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 HCR MANORCARE PROPERTIES, LLC Appellant VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-6722 CIVIL TERM THE BOARD OF ASSESSMENT APPEALS OF CUMBERLAND COUNTY Appellee REAL ESTATE TAX ASSESSMENT APPEAL Property: 940 Walnut Bottom Road South Middleton Township Parcel No. 40-23-0602-146 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: Law Offices of Glen-David Schwarzschild, LLC Glen-David Schwarzschild, Esquire Attorney for Appellant 1050 N. Kings Hwy, Suite 102 Cherry Hill, NJ 08034 Richard P. Mislitsky, Esquire Attorney for South Middleton Township P.O. Box 1290 One West High St., Suite 208 Carlisle, PA 17013 Philip H. Spare, Esquire Attorney for South Middleton Area School District Stock & Leader 221 W. Philadelphia St., Suite E-600 York, PA 17401-2994 Date: ??9, ??©1? _- ?' c Stephen D. Tiley, Esquire Assistant Cumb. Co. Solicitor 5 S. Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.13132318 . Glen-David Schwarzschild, Esquire (PA ID 45576) Law Offices of t' i) -' Glen-David Schwarzschild, LLC 4 $E" Fj F'O T H 0 N O TA 1050 N. Kings Highway, Suite 102 Cherry Hill, New Jersey 08034 21 I ?? I I0 I glens@glenslaw.com CUMBERLAND COUNTY 856-324-0677 PENNSYLVANIA 856-324-0863 fax Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HCR MANORCARE PROPERTIES, LLC Appellant No. 2010-6722 Parcel No. 40-23-0602-146 Property: 940 Walnut Bottom Road Stonehedge, PA South Middltown Township vs. THE BOARD OF ASSESSMENT APPEALS OF CUMBERLAND COUNTY, REAL ESTATE TAX ASSESSMENT APPEAL Appellee APPEAL FROM THE DECISION OF THE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY/CLERK OF SAID COURT: Enter my appearance on behalf of HCR MANORCARE PROPERTIES, LLC. Papers may be served at the address set forth below. LAW O IC F GLEN-D S HILD, LLC DATED: GLEN-AVID SCHWARZSCHILD (PA ID 45576) 1050 North Kings Highway, Suite 102 Cherry Hill, New Jersey 08034 856-324-0677 856-324-0863 fax Attorney for Appellant LI PRAECIPE FOR WITHDRAWL OF APPEARANCE TO THE PROTHONOTARY/CLERK OF SAID COURT: Withdraw my appearance on behalf of HCR MANORCARE PROPERTIES, LLC. Glen- David Schwarzschild, Esq. of the Law Offices of Glen-David Schwarzschild, LLC has entered his/her appearance for the aforementioned party. I hereby certify that this change of attorneys is not intended to, nor will it delay this proceeding to the best of my knowledge, information and belief. CURE GLE - AV? SrHWARZSCHILD ( ID 455716) 3000 Midlantic Drive, Suite 200 Mt. Laurel, New Jersey 08054 (856) 824-1001 (856) 824-1008 Fax Attorney for Appellant DATED: gAhcr-cumberland (6545.001)\entry - wd of appearance.doc Glen -David Schwarzschild, Esquire (PA ID 45576) Law Offices of Glen -David Schwarzschild, LLC 1050 N. Kings Highway, Suite 102 Cherry Hill, New Jersey 08034 glens@glenslaw.com 856-324-0677 856-324-0863 fax Attorneys for Plaintiff I D _ i*HE PRO { HONO tA-'+,ii'i 20114 SEP -1+ PH E2: 36 CUMBERLAND COUNTY PENHSYLVANiA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HCR MANORCARE PROPERTIES, LLC : Appellant Parcel No. 40-23-0602-146 Property: 940 Walnut Bottom Road Stonehedge, PA South Middltown Township vs. THE BOARD OF ASSESSMENT APPEALS OF CUMBERLAND COUNTY,: Appellee TO THE COURT: No. 2010-6722 REAL ESTATE TAX ASSESSMENT APPEAL STATEMENT OF INTENTION TO PROCEED Appellant, HCR MANORCARE PROPERTIES, LLC intends to proceed with the above - captioned case. j ILED-oF11° ICF. i HE PROTHONOTARY R,` 2014 NOV -3 PH 2: 18 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR MANOR CARE PROPERTIES, LLC NO.: 2010-6722 CIVIL TERM Appellant VS. THE BOARD OF ASSESSMENT APPEALS OF CUMBERLAND COUNTY Appellee VS. SOUTH MIDDLETON SCHOOL DISTRICT Intervenor NOTICE OF INTERVENTION TO THE PROTHONOTARY: In accordance with the requirements of the Consolidated County Assessment Law, Act of October 27, 2010, P.L. 895, No. 93, as amended, 53 Pa. C.S.A. §§8801, et seq., the South Middleton School District hereby intervenes as a party to the tax assessment appeal taken by the above-named Appellant. B 0195841- 1 Respectfully submitted, STOCK AND LEADER Peter T. Ruth, squire Supreme Court I.D. No. 313602 Susquehanna Commerce Center East 221 W. Philadelphia Street, Suite E600 York, PA 17404-2991 (717) 846-9800 Attorney for Intervenor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR MANOR CARE PROPERTIES, LLC NO.: 2010-6722 CIVIL TERM Appellant VS. THE BOARD OF ASSESSMENT APPEALS OF CUMBERLAND COUNTY Appellee VS. SOUTH MIDDLETON SCHOOL DISTRICT Intervenor CERTIFICATE OF SERVICE I, Peter T. Ruth, Esquire, do hereby certify that on the 3o1z_ day of do / , 2014, I have served a true and correct copy of the Notice of Intervention filed in the above matter on the following persons by depositing a copy thereof via first-class postage service on: John French, Esquire Cumberland County Assessment Office 1304 Oak Lane New Cumberland, PA 17602 Richard P. Mislitsky, Esquire South Middleton Township P.O. Box 1290 One West High St., Suite 208 Carlisle, PA 17013 0195841 - Glen -David Schwarzschild, Esquire Law Office of Glen -David Schwarzschild, LLC 1050 North Kings Highway, Suite 102 Cherry Hill, NJ 08034 Respectfully submitted, By: Affi tAA Peter T. Ruth, Esquire Supreme Court I.D. No. 313602 Attorney for South Middleton School District Stock and Leader 221 W. Philadelphia St., Ste. 600 York, Pennsylvania 17401 Tel: (717) 846-9800 Fax: (717) 843-6134