The URL can be used to link to this page

Home My WebLink About01-2852 RITE AID REALTY CORPORATION, : IN THE COURT OF COMMON PLEAS Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW .' CUMBERLAND COUNTY BOARD OF :NO. ASSESSMENT APPEALS, : Appellee : P~ETITION ON APPEAL FROM ASSESSED VALUATION OF REAL PROPERTY Appellant, Rite Aid Realty Corporation, pursuant to the provisions of 72 Pa. C.S.A. Section S020-S18.1, hereby appeals fi'om the decision of the Cumberland County Board of Assessment Appeals, docketed to Property No. 09-19-1S90-132 mailed April 12, 2001, with regard to the property known aa the Rite Aid Corporate Headquarters and located at 30 Hunter Lane and located in East Pennsboro Township, Cumberland County, Pennsylvania and, in support of such appeal, avers as follows: 1. Appellant is Rite Aid Realty Corporation, a Delaware business corporation, having a usual pla~e of business within the Commonwealth of Pennsylvania at 30 Hunter Lane, Camp Hill, PA. 2. Appellee is the Cumberland County Board of Assessment Appeals, having its of'flees at One Courthouse Square, Carlisle, PA 17013. 3. Appellant is the owner of a certain tra~t or parcel of improved real property commonly known as the Rite Aid Corporate Headquarters and situate at 30 Hunter Lane, Camp Hill, PA 1701 land bearing Tax Map Identification No.: 09-19-1S90-132. 4. Appellants had flied a timely appeal with the Board of Assessment with respect to an interim assessed valuation of the subject property orS1 $,09S,940.00. 5. On or about September 5, 2000, the County Assessment Office, upon further review, established an assessed value at $12,999,840.00. 6. A hearing of the Board of Assessment was held on or about April 3, 2001· 7. By notice mailed April 12, 2001, the Board of Assessment fixed the asses of the subject property at a total assessed value orS12,999,840 00, a fi- . . sment · gure intended to be 100% of the indicated fair market value of the property. A true and correct copy of the Board's notice of its determination is attached hereto and marked Exhibit "A". 8. The decision of the Board of Assessment was in error and/or was an abuse of discretion for the following reasons: (a) The Board failed to Properly and lawfully value the Property either as a multi-tenant office complex or as a sing/e-user office complex including "Class B"office space and common area/amenities; Co) The Board of,assessment failed to Properly and lawfully apply a reduced Per square footage valuation for common areas within the office building space; (e) The assessment was based upon an erroneous determination of the fair market value of Appellant's Property; (d) The Board failed to Properly take into account the uniqueness and specific use for which the property has been constructed, designed and used as Appellant's sing/e- user headquarters and amenities and to take into account the lack of similar Prospective purchasers in the marketplace for such Properties; (e) By failing to take into account the unique quality of the building, the difficulties likely to be encountered at a time of any Prospective sale or transfer, costs associated with ownership during transfer, costs of modification and alteration of the property associated with sale, etc., the assessment of the property of the Appellant is arbitrary and capricious; (0 Thc assessment of Appellant's property as a multi-user/tenant-oecupied office space fails to take into account the normal, reasonable and anticipated costs of improvements, alterations and conversion and other costs inherent in thc conversion of a aingle-user facility t° a multi'tenant office space and otherwise fails to properly value Appellant's proper~y. (g) The assessment lacks uniformity, is discriminatory and is otherwise unjust, inequitable, improper and inaccurate. 9. Appellant is aggrieved by thc action of the Board of Assessment. WHEREFOP~, Appellant prays your Honorable Court to hear and determine this appeal and to make such changes in the aforesaid assessment as may be right and proper based upon all of the evidence presented. Respectfully submitted, MARTSO~TTON F.R. - Pa. A~omey ~D. No./15859 2515 No~ F~nt P.O. Box 12106 H~sb~g, PA 17108-2106 (717) 236-4241 Attom~s for Appellant Cumberland County Board Qf A~aeEament Appeal8 Old Courthouse One Cowthou~a Square Carllele, PA ~?013 ~T} ~4D~ ~EV~N D, TI~Ey ........... DMr Prop~y ~ner. ~ATE OF APP~ HEA~Q: Q41Q~0f~ I ATE Dl~ll~N RENDERED: ~ E~ECT~E p~ ?~ YE~: ~01 ~1 DECI~I~ RENDERED: [ J WJlh~rawn By edoMd Pw Failure To ~n~. ~ Chm~oe TOT~ V~UE p~ M~T Old ~ae.~d Val~. 12,999,~0 1 ~,egg. B40 N~ .... ' ~ ~ before May ~1,'fm ~uU. Or Comm~ . 05/09/0! W£1) 08:20 FAX i~oo? ! vealS/that the statements made in the attached pleading arc Uue and correct, partially upon personal knowledge arid partially upon my belief; to thc extent lansuaSe in the attached plcadin~ is that of my attorneys, I have ~elied upon my attorneys in mak/~ this Ver/ficat/on. I under,land that fa]sc stat~aents herein are made subject to the penalties of 18 P~. C.$. Sect/on 4904 relat/ng to unswom falsification to author/ties. CERTIFICATE OF SERVICe; I hereby certify that I today served a true and Correct copy of the foregoing Petition, by placing the same in the U.S. mail, postage prepaid, addressed to: CUMBERLAND COUNTy BOARD OF ASSESSMENT 1 Courthouse Square Carlisle, PA 17013 Stephen D. Tiley, Esquire PREY & TILE¥ 5 South Hanover Street Carlisle, PA 17013-3~ · · artsolf/ Espies -- -- RITE AID REALTy CORPORATION, : IN THE COURT OF COMMON PLEAs ApPellant : CUMBERLAND COUNTy, PENNSYLVANIA : CIVIL ACTION _ LAW CUMBERLAND COUNTy BOARD OF : ASSESSMENT APPEALS, ' NO. o/. ~.r~. -~,~ Appellee : ORDER OF COURT AND NOW, this ~ day of ~, 2001, it is hereby ORDERED that a hearing be held on the appeal filed matter ~ in the above , 2001 at in Courtroom . Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. BY THE COURT, RITE AID REALTY CORPORATION, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : V. : CIVIL ACTION. LAW : CUMBERLAND COUNTY BOARD OF : NO. 2001-2852 CIVIL TERM ASSESSMENT APPEALS, : Appellee : ANSWER TO PETITION ON APPF_.a.t. FRn~. .... V A p-- TY AND NOW comes the Cumberland County Board of Assessment Appeals, in the County of Cumberland, by its Assistant County Solicitor, Stephen D. Tiley, Esquire, and file through this Answer to the Petition Appeal from the Assessment Evaluation of Real Property of which the following is a statement: 1. Admitted 2. Admitted 3. Admitted 4. Admitted 5. Admitted. By way of further Answer, the County's outside contractor for the Countywide reassessment revised the assessment as a result of an appeal by the taxpayer and an informal hearing by that contractor. 6. Admitted 7. Admitted Answer to Petition on Appeal from the Assessment Valuation of Real Property Page I 8. Denied. The averments of this paragraph and of its sublettered paragraphs set forth conclusions of law to which no responsive pleading is required. Strict proof at trial is demanded. By way of further Answer the Cumberland County Board of Assessment feels for its following: (a) The Board did take into consideration the value of the property either as a multi tenant office complex or as a single user office complex and the quality and condition of the office space and its common area and amenities. (b) The Board of Assessment Appeals did take into consideration the entire value of the building and took into consideration the valuation of the common areas. (c) The fair market value of Apellant's property is at least $12,999,840.00 as indicated by the Board and in fact, may be in excess of that. (d) The Board did hear evidence from the taxpayer, and took into consideration, all the factors averred in this sub-paragraph, including the alleged uniqueness and specific use for which the property was constructed. (e) The Board did hear evidence from the taxpayer and did take into consideration all of the factors concerning this real estate averred in this sub lettered paragraph. (f) The Board did hear evidence from the taxpayer and did consider both a single user and a multi-tenant user as a potential purchaser for this property and heard evidence from the taxpayer and considered the possible cost of conversion into a multiple user property. (g) The $12,999,840.00 value of the property found by the Board, is the minimum value which could be reasonably attributed to this property and in fact the value may be substantially in excess of that. Answer to Petition on Appeal from the Assessment Valuation of Real Property Page 2 9. Denied. Except that it is admitted that Appellant has the right to appeal to the Court for a hearing de novo. WHEREFORE the Cumberland County Board of Assessment Appeals, prays your Honorable Court to determine the fair market value of the Appellant's property to be in such amount in excess of $12,999,840.00 as, to the Court, may seem just and proper. Respectfully submitted, Dated: -~'/~//~/ By~ S~ephen D. Tiley, Esquire Attorney for Cumberland County Board of Assessment Appeals and Cumberland County 5 South Hanover Street Carlisle, PA 17013 (717) 2430-5838 Supreme Court I.D.#32318 I verify that the statements made in the foregoing Answer to Petition on Appeal from Assessment Valuation of Real Property are true and correct, partially upon personal knowledge and partially upon my belief; to the extent language in the Answer to Petition on Appeal from Assessment Valuation of Real Property 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. Randy L-~/Vaggo~e~, '" Dated: -~'/,f/,~/ Chief Assessor Answer to Petition on Appeal from the Assessment Valuation of Real Property Page RITE AID REALTY CORPORATION, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, : PENNSYLVANIA : v. : CIVIL ACTION - LAW CUMBERLAND COUNTY BOARD OF : NO. 2001-2852 CIVIL TERM ASSESSMENT APPEALS, : Appellee : CERTIFICATE OF SERVlCI= I hereby certi~ that I served a true and correct copy of the foregoing Answer to Petition on Appeal from Assessment Valuation of Real Property by placing a certified true and correct copy of the same in the United States mail, postage pre-paid, addressed to: MARTSOLF & BRA~-I'ON F. R. Martsolf, Esquire 2515 N. Front Street P.O. Box 12106 Assistant Cumb. Co. Solicitor 5 S. Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D.#32318 _~ CONTINU/~ICE AND NOW comes the Respondent/APpellee cumberland County Board of Assessment Appeals, in the CountY of cumberland, by its Assistant County Solicitor, Stephen D. Tiley, Esquire, and riles this Motion for Continuance of which the following is a stata~int:On or about May 11, 2001 pefitionerlAppeltant, Rite Aid Realty Corporation, riled a Petition on Appeal From Assessed Value of Real Property. 2. On May 16, 2001 the Court entered an order setting a hearing date of August 13, 2001. 3. To date the applicable school district has not intervened in this matter but respondent anticipates that they will do so. 4. While at first intending to defend this case with the expert testimony of the assessment office and its reassessment contractor, Respondent now betieves that the services of an independent appraiser will be necessary in order to provide an adequate case. 5. The apPliCabte' schoot district desires to retain the services of an independent appraiser. Page 1 of 3 Motion for ContinuanCe ~h~,e,a~ technically a~ter the scheduled hearing 6. The Chief Assessor four, ounty has announced his resignation effective in September of this year. ~,t,,,,..~, connected with his resignation date, other demands on the Chief Assessor's time and the transition to a new Chi~-4= Assessor make it impossible for him to adequately ~ - ~ 2001 date although that c with the Augus~ ,~, ~ntinuan~ ~r the length of time requested in this motion. 8. Respondent believes that a continuan~ of the hearing date of at least three (3) months will be required for it to retain and re~ive the services of an appraiser to adequately prepare for this Heating. 9. The subje~ pmpe~ is the corporate headqua~ers of the Petitioner and is a large and highly valuable o~ce building for which eveW effo~ should be made to adequately prepare ~r the hearing. 10. Respondent has r~ues~d the ~ncurren~ of the Petitioner but due to unusual circumstan~s associated with the appointment of Bru~ F. Bra~on to the Cou~ of Dauphin Count, and the resulting and pending dissolution of the Petitioner's Jaw firm, to wit: Ma~olf & Bra~on, the Petitioner d~S n~ concur in this request for a continuance. While Respondent is sympathetic to the difficulties this request presents to the Petitioner and its counsel, Respondent must proceed with this r~uest as it is criti~l to the intems~ of the Coun~ and the taxpaying public. 11. ~i~e counsel for the Respondent promptly notified counse~ for the applicable municipaliW and school distri~ con,ming the fi~ing of this assessment appeal, due to the unusual nature of such taxing bodies, decisions for intewention can take weeks to be made, depending upon meeting schedules. WHEREFORE, Respondent prays Your Honorable Cou~ for an order page 2 of 3 Motion for Continuance canceling the hearing scheduled for August t3, 2001 and fixing a new hearing on or after November 13, 2001. Respectfully submitted, Attorney for cumberland County Dated: 9oard of Assessment Appeals and Cumberland county 5 South Hanover Street Carlisle, PA 17013 17 2430-5638 (_7) _- Court t D.#32318 ~uprem= ' page 3 of 3 Motion for ContinuanCe RITE AID REALTY CORPORATION, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LAW CUMBERLAND COUNTY BOARD OF : NO. 2001-2852 CIVIL TERM ASSESSMENT APPEALS, : Appellee : CERTIFICATE OF SERVICF I hereby certify that I served a true and correct copy of the foregoing Motion for Continuance by placing a certified true and correct copy of the same in the United States mail, postage pre-paid, addressed to: MARTSOLF & BRA'FI'ON F. R. Martsolf, Esquire 2515 N. Front Street P.O. Sox 12106 Step~he~ -- D. Tiley, Esquire Assistant Cumb. Co. Solicitor 5 S. Hanover Street Carlisle, PA '170'13 (717) 243-5838 Attorney I.D.#323'18 IN THE COURT OF COMMON PLEAS OF RITE AID REAL TY CORPORA TIOH, : CUMBERLAND COUNTY, Appellant : PENNSYLVANIA : : CIVIL ACTION - LAW V. : CUMBERLAND COUNTY BOARD OF : NO. 200t-2852 CIVIL TERM ASSESSMENT APPEALS, : Appellee : AND NOW, this -Z_~' day of July, 2001 it is hereby Ordered that the for August 13, 2001 is continued until the hearing previously schedulgd of .~,~,~z.~ -- -' 2001, at ~:~ ~~ _ day .,- . ~' the Cumberland County Couffhou[e, ~ne ~ · room No. * u. , o'clock ~.m. m Cou~ . ._ ~._ ~cc t~ ~[~ Cou~ho~,~ ~quare, Carlisle,~e~syl~'~;~ ::{. ~..~ ~o ~ ~ ~ ~ BY THE COURT, ~. Wesley 0~. RITE AID REALTY cORPORATION, : IN T~E coURT OF COMMON pLEAS Appellant : cUMBERLAND coUNTY, pENNSYLVANIA LAW CIVIL ACTION - cuMBERLAND CoUNTY BOARD OF : NO. 2001-2852 CIVIL TERM ASSESSMENT APPEALS, Appellee : APPELLAI~_T'S ANSWER TO APPELLEE'S MOTION FOR cONTINUANCE Appellant Rite Aid Realty CorporatiOn replies to Appellee'S Motion for continuance as follows: Appellant Admitted. By way of further answer, however, 1. that the county-wide reassessment procesS began more than submits two years ago, a review of preliminary valuations for the subject property by the cumberland county Tax Assessment office (which resulted in a small reduction in the proposed valuation from $15,095,940-00 to $12,999,840.00) occurred in August of 2000, and the Appellant'S appeal from that review and reCommendation has been pending before the cumberland County Board of Assessment AppealS since last September, until a hearing before the Board was held on April 3, 2001. The decision of the Board rejecting the Appellant'S request to lower the valuation was then mailed to all parties on or about April 12, 2001. In other words, the question of the proper 2 0 2001 valuation of the Appellant's property has been the subject of discussion and litigatiOn for more than one year. 2. Admitted- 3. Appellant admits that no taxing district, including the school district, has intervened in this matter. Appellant cannot knoW what the Appellee ,,anticipateS" and such allegations are denied. By way of further response, Appellant submits that the time for intervention by right has passed. 4. Appellant cannOt knoW what the Appellee ,,believes" and, therefore, such allegationS are denied. By way of further response, however, Appellant respectfully submits that the Appellee has been aware for more than a year that the valuation of Appellant'S property was in dispute, is vested with the duty to establish the true value of the property and has, only weekS before the hearing date set three months in advance and without any valid explanation given, apparently changed its ,,belief" as to the need for additional expert testimony. Such change of ,,belief" by the Appellee fails to state a valid reason for postponement of the scheduled hearing- . _ 5 Appellant cannot know the desires of a non party and such are, therefore, denied. By way of further response, allegations . 'L=AUt timely intervention by Appellant respectfully submitS that, w~nu the taxing district, its desires form no valid basis for the reqUest for a postponement of the scheduled hearing- Further, as an allegation of fact but without verification or affidavit, such allegation is a nullity. 6. Appellant admits that the chief Assessor for the county has announced his resignation effective after the date of the without verification or affidavit, the scheduled hearing. remaining allegations of fact are a nullity- Nevertheless, Appellant respectfully submits that the demands of the chief Assessor'S time should include as a high priority preparation for court hearings such as the instant proceeding in which the question of the validity of his valuation of a taxpaying citizen of the county is at issue. As previously stated, the issue in this case has been before the Appellee and the county'S chief Assessor for more than one year and probably two years and Appellant respectfully rejectS and denies any allegations that the chief Assessor is not or should not be prepared for the hearing in this matter. 7. Appellant is without any information to form a belief as to the truth of the allegations of Paragraph 7 of Appellee'S Motion for Continuance and such allegations are, therefore, denied. By way of further response, Appellant avers that, until the filing of the instant Motion for Continuance, Appellee'S counsel had raised no claim of schedule conflict and, in fact, the date selected for the hearing in this matter was specifically coordinated and cleared by the court and counsel for both Appellant and Appellee. Appellee 3 has failed to provide sufficient basis or factS for granting the instant MotiOn for Continuance' no knowledge of and cannot knoW the s belieftanhdassuch allegations ~ . ' ' 8. Appellan . -re, therefore, denied Appellee' ' usl noted and averred herein, the failure of the Further, as preVlo Y .... ~ ~reDare for the scheduled hearing Appellee to take steps t~mexy ~ = - is not a valid or adequate basis for a last-minute request for a postponement of a hearing whiCh has been scheduled three months in advance of the hearing date. 'at the subject property is its 9. Appellant admits tn ~ corporate headquarters and includes an office building he allegationS, unverified, as to the size and value of such building are statementS of opinion which are the subject to be determined by ' and no response is required. To the extent a these proceedings · -n such allegations are response to such allegations i~r~l~ld be prepared for the denied. Appellant agrees the P ' upcoming hea~n~l~ed ~a~nap~i~il~ t?~' soA~l~tgl~ prepared and PP no explanation for such failure to prepare. 10. Appellant admits that Appellant'S counsel has been appointed to the Court of Common Pleas of Dauphin county- Further, Appellant'S counsel's swearing in has been postponed, in part, so that this matter can be concluded before Bruce F. BrattOn becomes unavailable to serve as Appellant'S counsel after September 2001, the anticipated swearing-in date. 4 11. Appellant denieS that taxing bodies in this case are ,,unusual" or that any valid, specific facts or reasons have been presented upon which a continuance of the scheduled hearing can properly be based. The Appellee notified the taxing districts ,,promptly" and, yet, more than two months from the filing of the Appeal and from the Court'S order scheduling the hearing, not one taxing district has taken even one step to participate in these proceedings. WHEREFORE, Appellant respectfully prays that the Motion for Continuance be denied. Respectfully~__i.tted' Date Pa. Attorney I.D. No. 23949 2515 North Front Street p. O. Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 Attorneys for Appellant 5 cERTIFI~TE OF SE~ICE hereby certify that I today served a true and correct copy swerI to APPellee's Motion for of the foregoing ~pellant's ~ U.S. mail, postage prepaid, Continuance, by placing the same in the addressed to: Stephen D. Tiley, Esquire RITE AID CORPORATION, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW CUMBERLAND COUNTY BOARD : OF ASSESSMENT APPEALS, : Appellee : No. 01-2852 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of September, 2001, upon consideration of Appellant's Petition on Appeal from Assessed Valuation of Real Property, and following a proceeding in open court in which Appellant was represented by Bruce Bratton, Esquire, and Appellee was represented by Stephen D. Tiley, Esquire, and counsel having recited the substance of an amicable resolution of the matter for the record, and having indicated that they will submit a proposed order for the Court's signature in the near future, the agreement of the parties is approved, the record is declared closed, and the Court will execute the order when it is submitted by counsel for signature. By the Court, Stephen D. Tiley, Esquire J~esley i~ Jr'~''~' ~°~ For the Appellee YL· ~,~'~t! ~..[,, ~r~ '..".~. ~'.~ "'~'_~ ."!~"~!~0 Bruce Bratton, Esquire For the Appellant ~ :~ ~i.i 0~6~$ !~i / wcy A~W.i... ..'£'3~ RITE AID REALTY CORPORATION, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, : PENNSYLVANIA : v. : CIVIL ACTION - LAW : CUMBERLAND COUNTY BOARD OF : NO. 2001-2852 CIVIL TERM ASSESSMENT APPEALS, : Appellee : AND NOW, this ~ ~ ~ J. day of ~a~se~, 2001, upon consideration of the within Stipulation and Joint Motion for Agreed Order, it is Decreed and Ordered that the total market value of the subject property (tax parcel no. 09-19-1590-132) and the applicable assessment of the subject property shall be as follows: YEAR 2000 $12,500,000 N/A YEAR 2001 $12,999,840 $12,500,000 YEAR 2002 $12,999,840 $12,999,840 YEAR 2003 N/A $12,999,840 As a result of the year 2000 Countywide reassessment, effective January 1, 2001, the common level ratio is not applicable to said reassessment which shall be fixed initially at the new predetermined ratio of 100% of year 2000 value. The assessment of $12,999,840 effective beginning on and after January 1,2002, shall continue thereafter until changed as provided by law. The Cumberland County Assessment Office shall allocate the said total assessment between land and improvements as provided by law, and by the procedures of the Cumberland County Assessment Office. The Cumberland County Assessment Office shall promptly notify the appropriate taxing bodies of the change in assessment. BY THE COURT RITE AID REALTY CORPORATION, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, : PENNSYLVANIA : v. : CIVIL ACTION - LAW : CUMBERLAND COUNTY BOARD OF : NO. 2001-2852 CIVIL TERM ASSESSMENT APPEALS, : Appellee : STIPULATION AND JOINT MOTION FOR AG~ ORD.'-~ AND NOW, this / ~' day of,~, 2001, it is hereby agreed and stipulated between Petitioner, Rite Aid Realty Corporation by its attorneys, Martsolf & Bratton, and Respondent, Cumberland County Board of Assessment Appeals, by its attorney, Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor, as follows: 1. Petitioner filed a Petition on Appeal From Assessed Valuation of Real Property on or about May 11,2001 to which an Order of Court fixing a hearing for August 13, 2001 was entered on May 16, 2001. After a certain Motion for Continuance filed by the Respondent Cumberland County Board of Assessment Appeals on or about July 18, 2001 the Hearing was continued to September 14, 2001. Immediately prior to said Headng the the parties reached an agreed upon settlement which was, in principle, recited to the Court upon opening the Headng and to which the Court entered its Order of September 14, 2001 and for which settlement this Stipulation provides a more complete description. 2. This assessment appeal relates to the assessment applicable to the year 2001 as a result of the year 2000 Countywide reassessment. This Stipulation also relates to the assessments applicable for the years 2002 and 2003. 3. The property which is the subject of this appeal is composed of a corporate headquarters building and annex office building, together known as the Rite Aid Corporate Headquarters at 30 Hunter Lane in East Pennsboro Township, Cumberland County, Pennsylvania, and further identified as Cumberland County Assessment Parcel number the Cumberland County Assessment Office. 8. It is an express condition of this Stipulation that the taxpayer waives its right to appeal its 2003 assessment unless that assessment has been change from $12,999,840. The $12,999,840 assessment shall continue in effect after January 1,2002 and shall remain in effect and unchanged unless and until changed as provided by law. Examples of changes provided by law are: physical changes to the property such as new construction or remodeling, demolition or removal of any portion of the improvements; appeal by the taxpayer or a taxing body; and a new Countywide reassassment. Unless the $12,999,840 assessment is changed as provided by law, the taxpayer agrees not to appeal the same until 2003, effective for the 2004 assessment year. In the event of a change in the assessment effective prior to the year 2004 and resulting from new construction, renovations, alterations or demolition or removal of the physical structure, taxpayer shall have the right to appeal any such change in assessment at which point the value of the entire property would again be at issue. 9. The Cumberland Count Assessment Office shall promptly notify the appropriate taxing bodies of the change in assessment, and instruct the taxing bodies to make any appropriate refunds. The reduction in assessment to $12,500,000 shall be implemented beginning with 2001 County and municipal taxes and beginning with 2001- 2002 school real estate taxes. The increase thereafter to $12,999,840 shall be implemented beginning with 2002 County and municipal taxes and beginning with 2002- 2003 school real estate taxes. This stipulated value will then continue through the 2003- 2004 school real estate taxes, and thereafter unless the value has been changed as provided by law. 10. Each party to this appeal shall bear its own costs. 11. The Court is requested to enter the proposed Order attached hereto. 12. The undersigned Attorneys each hereby warrant to the other and to the part/es and to the Court that he has reviewed this Settlement Stipulation with his client or clients and that he has specifically been authorized to enter into this Settlement Stipulation by his client of clients. Respectfully Submitted, PETITIONER, RITE AID REAL'Fy CORPORATION . · · rtsolf, Esq Attorney's for Petitioner 2515 N. Front Street Harrisburg, PA 17108-2106 RESPONDENT, CUMBER BOARD OF ASSESSMEN~AND COUNTY APPEALS Attome for - County Solicitor · - - Y Respondent o ~outh Hanover Street Carlisle, PA 17013