HomeMy WebLinkAbout11-4416?Ilk,
MICHAEL A. RIENZI FILED-0,;.
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I.D. #210164
McCarter & English, LLP ? 0 p , Attorney for: Petitioner
100 Mulberry Street M
Four Gateway Center ' UMBERLA;N C j ,! =
Newark, NJ 07102 '.'any N
(973) 622-4444
Appeal of-. : IN THE COURT OF COMMON PLEAS
M 3 REALTY, LP
CUMBERLAND COUNTY, PA.
Mailing Address:
CIO Michael A. Rienzi, Esq. : CIVIL ACTION - LAW
McCarter & English, LLP
100 Mulberry Street : TAX ASSESSMENT APPEAL
Four Gateway Center
Newark, NJ 07102
PARCEL ADDRESS and NO. : NO: //-tAll/p M///
420 Salem Church Road
Township of Hampden
No. 10-08-0565-001
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PETITION FOR ALLOWANCE OF APPEAL FROM
THE NOTICE OF THE CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS
Petitioner, M 3 Realty, LP, hereby appeals from the Cumberland County Board of
Assessment Appeals Decision Notice issued on April 18, 2011 for the property located at 420 Salem
Church Road, Township of Hampden, Parcel No. 10-08-0565-001, a copy of this Decision Notice
being attached hereto and made a part hereof as Exhibit "A".
2. The April 18, 2011 Decision Notice of the Cumberland County Board of Assessment
Appeals indicates that the appeal was abandoned as Petitioner was a "no show." Please be advised,
the hearing in this matter was initially scheduled for March 3, 2011. I contacted the Cumberland
County Board of Assessment Appeals on February 18, 2011 and requested an adjournment of the
March 3 hearing, due to the fact our expert was unavailable on that date. My request was granted
and I was advised that a new hearing notice would be mailed. I did not receive any further contact
from the Cumberland County Board of Assessment Appeals until the attached notice was forwarded
to my office by our mailroom on April 20, 2011 advising that the appeal had been abandoned. At
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that time it came to my attention that the mailing address on this notice was deficient because it was
not mailed to my attention. I further note that the original notice received on February 14, 2011 was
sent to a different address than the notice received on April 20, 2011. Although it is clear to us that
the two notices I did receive were mailed to different addresses, we can only speculate as to what
address the April hearing notice was mailed, as I did not receive it in my office, nor were we
contacted by the mailroom advising they had unclaimed mail items.
3. The subject property is located in the Township of Hampden, Cumberland Valley
School District and Cumberland County.
4. The subject property is over-assessed based upon market data.
5. Petitioner is aggrieved by the Board's Decision and seeks hearing de novo in the Court
of Common Pleas, as provided for by the laws of the Commonwealth of Pennsylvania.
WHEREFORE, petitioner requests that this Court allow the appeal and make such other
orders and decrees as shall be just and proper.
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EXHIBIT A
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Cumberland County Tax Assessment
One Courthouse Square Room 107
Carlisle, PA 17013
(717) 240-6350
Hours: 8:00am to 4:30pm
Stephen D. Tiley, Assistant Solicitor
Bonnie M. Mahoney, Chief Assessor
M 3 REALTY LP
C/O MCCARTER & ENGLISH, LLP
FOUR GATEWAY CENTER
100 MULBERRY STREET
NEWARK NJ 07102
Parcel Identifier:
10-08-0565-001.
MAILING DATE: APRIL 18, 2011
APPEAL DEADLINE: MAY 18, 2011
BOARD OF ASSESSMENT APPEALS DECISION NOTICE - THIS IS NOT A TAX BILL
This is a notice of a change to the assessed valuation or status of this property.
REASON FOR CHANGE: 04 - APPEAL BOARD DECISION (ABANDONED-NO SHOW)
The Board of Assessment Appeals has issued this decision regarding your tax assessment
appeal. You may appeal this decision to the Court of Common Pleas by filing the
appropriate paperwork with the Prothonotary's office within 30 days after the mailing
date of this notice.
FUTURE TAX BILLING BASIS
OLD NEW
ASSESSMENT 13,000,000 13,000,000
TAX STATUS Taxable Taxable
C&G STATUS
MARKET-BASED ASSESSMENT
OLD NEW
Land 2,968,000 2,968,000
Improvements 10,032,000 10,032,000
TOTAL 13,000,000 13,000,000
100% of Market Value at 2010 Base Year Rates.
CLEAN AND GREEN (C&G) ASSESSMENT
OLD NEW
Land N/A N/A
Improvements N/A N/A
TOTAL N/A N/A
Land value based on rates provided by the State.
CHANGE OF TAX BASIS - NET CHANGE
COUNTY/MUNIC SCHOOL
Land 0 0
Improvements 0 0
TOTAL 0 0
Effects Future Billing Cycles Only
cc: M 3 REALTY LP
Cumberland County Board of Assessment Appeals
Lloyd W. Bucher
Albert Peterlin
Allen Shank
EFFECTIVE: 01/01/2012 for County/Munic
07/01/2011 for School
PROPERTY DESCRIPTION
Munic.: 10 - HAMPDEN TOWNSHIP
School: 4 - CUMBERLAND VALLEY SD
Control Number: 10000022
Property Location:
420 SALEM CHURCH ROAD
LAND APPROX 30 ACRES
Land Size: 29.68 acres
Property Type: CW
Commercial - Warehouse
Cumberland County Commissioners
Gary Eichelberger
Rick Rovegno
Barbara Cross -
Dennis Marion, Chief Clerk
(notc a11L] CC:
M 3 REALTY, LP, :
Petitioner :
VS.
CUMBERLAND COUNTY TAX
ASSESSMENT BUREAU,
Respondent :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVAI4
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CIVIL ACTION - LAW :x
NO. 11-4416 CIVIL
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IN RE: PETITION FOR ALLOWANCE OF APPEAL
ORDER
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AND NOW, this Z4,' day of May, 2011, a rule is issued on the Respondent to show
cause why the relief requested in the within petition ought not to be granted. This rule returnable
twenty (20) days after service.
BY THE COURT,
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Kevin A. loss, P. J.
'/Michael a. Rienzi, Esquire
For the Petitioner
Stephen Tiley, Esquire
For the Respondent
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David ED. Buell"
Prothonotary
Office of the Prothonotary
Cum5erfand County, Tennsytvania
rkS Sohonage, ESQ
Solicitor
1/ - 471-flia, 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 6 Suite100 ® CarLi Ce, PA 0 Phone 717 240-6195 0 EaX 71 7 240-6573