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HomeMy WebLinkAbout11-7117'.L'PROTh0140TAr ell SEP 14 g: r" ',. ;?i3ERL AND COUNT`S ?t?p??SYLVANIA Anthony R. Thompson, Esquire Atty. ID #08140 190 Brodhead Road Suite 200 P.O. Box 22257 Lehigh Valley, PA 18002-2257 610/997-5087 CARLISLE CORPORATION, ) Appellant ) V. ) ) CUMBERLAND COUNTY ) BOARD OF ASSESSMENT APPEALS, ) Appellee. ) ATTORNEY FOR APPELLANT CARLISLE CORPORATION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 11--)11-? C ivi l REAL ESTATE TAX ASSESSMENT APPEAL PETITION OF ASSESSMENT APPEAL TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, this day of September, 2011, Appellant, Carlisle Corporation, whose address is 1285 Ritner Highway, Carlisle, PA 17103, executes this appeal from the decision of the Cumberland County Board of Assessment Appeals, alleging as follows: 1. The Appellant is the real and equitable owner of a certain parcel of real property located at 1275 Ritner Highway, Carlisle Borough, Cumberland County, which parcel of real property bears the following designation and description on the records of the Cumberland County Assessor: Tax Map ID #49-08-0579-006, with a current total County assessment of SC, Pd a 1 am CIC14 1daq Q P- AUbg3 $3,500,000. 2. Pursuant to the Consolidated County Assessment Law, at 53 Pa. C.S.A. § 8844, Appellant timely filed with the Cumberland County Board of Assessment Appeals (the Board) a statement of intention to appeal its annual assessment for the above-mentioned tax parcel for years beginning on and after January 1, 2011, claiming that the assessed valuation placed on the same by the Cumberland County Assessor was excessive and non-uniform. 3. On August 22, 2011, and after hearing on the aforesaid appeal, the Board gave notice of its decision to increase the total assessment to $3,500,000 for the above-described tax parcel. Attached hereto is a true and correct copy of the decision notice of the Board. 4. The Appellant is aggrieved and dissatisfied with the aforementioned action of the Board. 5. The Appellant avers that the assessment placed upon the aforementioned tax parcel by the Board is unlawfully excessive, improperly determined and non-uniform with respect to other assessed real estate in Cumberland County, all (or severally) of which are contrary to the laws and Constitution of the Commonwealth of Pennsylvania. 6. This appeal is filed in accordance with the Consolidated County Assessment Law, at 53 Pa. C..S.A. § 8854 pertaining to the filing of appeals to the Court of Common Pleas from a decision of a Board of Assessment Appeals. The Appellant files this Appeal in order that Your Honorable Court may hold a hearing thereon and fix a just and proper assessment in accordance with the provisions of law. 7. The names and addresses of all taxing authorities are as follows: County of Cumberland, c/o Board of Commissioners of Cumberland County, 1 Courthouse Square, Carlisle, PA 17013-3387; Carlisle Borough, 53 W. South St. Carlisle PA 17013; and South Middleton School District, 4 Forge Road, Boiling Springs, PA 17007. Respectfully submitted, Dated: 44 L? Anthony R. Tho pson, squire VERIFICATION PURSUANT TO 18 PA. C.S. § 4904 I, Kevin Zdimal, hereby certify that I am Chief Accounting Officer of Carlisle Corporation, that I am authorized to execute this verification on its behalf, and that the facts set forth in the foregoing Petition of Assessment Appeal are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Kevin Zdimal Dated: 9-11-11 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 CARLISLE CORPORATION Parcel Identifier: C/O ANTHONY R THOMPSON, ESQ 49-08-0579-006. 190 BRODHEAD ROAD SUITE 200 PO BOX 22257 MAILING DATE: AUGUST 22, 2011 LEHIGH VALLEY PA 18002-2257 APPEAL DEADLINE: SEPTEMBER 21, 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 (REVISED ASSESSMENT) 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 in accordance with local rules of court. FUTURE TAX BILLING BASIS OLD NEW ASSESSMENT 3,293,700 3,500,000 TAX STATUS Taxable Taxable CMG STATUS MARKET-BASED ASSESSMENT OLD NEW Land 2,048,300 2,048,300 Improvements 1,245,400 1,451,700 TOTAL 3,293,700 3,500,000 1000 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. ADDITIONAL INTERIM - NET CHANGE Seq# 10 COUNTY/MUNIC SCHOOL Land 0 0 Improvements 206,300 206,300 TOTAL 206,300 206,300 Tax.bills will be issued shortly. cc: CARLISLE CORPORATION Cumberland County Board of Assessment Appeals Lloyd W. Bucher Albert Peterlin Allen Shank EFFECTIVE: 01/01/2011 for County/Munic 07/01/2011 for School PROPERTY DESCRIPTION Munic.: 49 - CARLISLE 4TH WARD ANX School: 8 - SOUTH MIDDLETON SD Control Number: 49000003 Property Location: 1275 RITNER HIGHWAY LAND APPROX 9 ACRES Land Size: 9.13 acres Property Type: CW Commercial - Warehouse Cumberland County Commissioners Gary Eichelberger Rick Rovegno Barbara Cross Dennis Marion, Chief Clerk (notc-a11L] CC: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson L E -01 l' Sheriff?rwE?1?3 Jody S Smith Chief Deputy Richard W Stewart Solicitor qtr mt INQ OFF "E 7F'. ; S-EF FF 2011 SEP 26 PM 2: 2L, 0,1MBERLAND COUNT' PENNSYLWAN1 Carlisle Corporation vs. Case Number Cumberland County Board of Assessment Appeals 2011-7117 SHERIFF'S RETURN OF SERVICE 09/15/2011 02:35 PM - Jason Vioral, Sergeant, who being duly sworn according to law, states that on September 15, 2011 at 1435 hours, he served a true copy of the within Petition, upon the within named defendant, to wit: Cumberland County Board of Assessment Appeals, by making known unto Robin Weigle, Tax System Manager for The Cumberland County Board of Assessment Appeals at 1 Courthouse Square, Room 107, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $34.44 September 19, 2011 JASON VI RON R ANDERSON, SHERIFF ,c; Gcuns Suite, Sne?,ff fe;eos `t. h;', CARLISLE CORPORATION, Appellant vs. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEAL, Appel lee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 11-7117 CIVIL ORDER AND NOW, this o2(e 4 day of January, 2012, at the request of counsel for the parties, hearing in the above-captioned matter set for February 1, 2012, is continued generally and a status conference is set for February 1, 2012, at 9..30 a.m. At the conference, a new time for the hearin€; will be scheduled. ??Joseph McAlee, Esquire For the Plaintiff ? Stephen D. Tiley, Esquire For the County ?Philip H. Spare, Esquire For South Middleton School District ? James D. Flower, Jr., Esquire For Carlisle Area School District and the Borough of Carlisle rlm t.t:? ;t`?1? .?r.? ???rl nz BY THE COURT,n N r Kevir?A. Hess, P. J. r// / J•l 0.....i CARLISLE CORPORATION, Appellant vs. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEAL, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 11-8622 CIVIL NO. 11-7117 CIVIL IN RE: STATUS CONFERENCE ORDER AND NOW, this day of February, 2012, following conference with counsel, it is directed that hearing in the above matters is herewith set for Wednesday, June 6, 2012, commencing at 9:30 a.m. On agreement of the parties, expert reports will be exchanged not less than thirty (30) days prior to the day of hearing. BY THE COURT, Kevin . Hess, P. J. - - tl Joseph McAlee, Esquire : r` For the Plaintiff -- Stephen D. Tiley, Esquire - `=' For the County L/ Philip H. Spare, Esquire For South Middleton School District bl James D. Flower, Jr., Esquire For Carlisle Area School District and the Borough of Carlisle rlm J/; CARLISLE CORPORATION, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 11-8622 CIVIL / CUMBERLAND COUNTY NO. 11-7117 CIVIL ? BOARD OF ASSESSMENT APPEAL, Appellee IN RE: HEARING ORDER AND NOW, this /-;-' day of April, 2012, on request of counsel for the parties, hearing in the above matter set for June 6, 2012, is continued to Thursday, July 19, 2012, at 1:30 p.m. and Friday, July 20, 2012, at 9:30 a.m. On agreement of the parties, expert reports will be exchanged not less than thirty (30) days prior to the day of hearing. BY THE COURT, ? Joseph McAfee, Esquire Anthony R. Thompson For the Plaintiff ?Stephen D. Tiley, Esquire F?or'the County ? Philip H. Spare, Esquire For South Middleton School District ,dames D. Flower, Jr., Esquire For Carlisle Area School District and the Borough of Carlisle Am `-O 7t?S /Ytc?icCFG? ?nI b r r?°+ a• IT .b rat ?_ QO 2 3 C11 - 5;c= iz a _? ?, ..c1 CARLISLE CORPORATION, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW c NO. 11-8622 CIVIL CUMBERLAND COUNTY NO. 11-7117 CIVIL ? x BOARD OF ASSESSMENT APPEAL, C Appellee IN RE: HEARING ORDER AND NOW, this day of July, 2012, on request of counsel for the parties, N C c.._ C r- :v hearing in the above matter set for July 19, 2012, is continued to Thursday, September 27, 2012, at 9:30 a.m. and Friday, September 28, 2012, at 9:30 a.m. On agreement of the parties, expert reports will be exchanged not less than thirty (30) days prior to the day of hearing. BY THE COURT, Kevin . Hess, P. J. Joseph McAlee, Esquire ? Anthony R. Thompson For the Plaintiff ? Stephen D. Tiley, Esquire For the County v Philip H. Spare, Esquire For South Middleton School District ?James D. Flower, Jr., Esquire For Carlisle Area School District and the Borough of Carlisle rn r,-_ 0M CD C- c7 C3 -7 rlm m4e-w A lr CARLISLE CORPORATION, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW NO. 11-8622 CIVIL CUMBERLAND COUNTY NO. 11-7117 CIVIL / BOARD OF ASSESSMENT APPEAL, Appellee IN RE: HEARING ORDER AND NOW, this ~`~ ~ day of November, 2012, on request of counsel for the parties, hearing in the above matter set for November 15, 2012, is continued generally, and to be relisted by any party. / Joseph McAlee, Esquire ,/Anthony R. Thompson For the Plaintiff Stephen D. Tiley, Esquire For the County a/Philip H. Spare, Esquire For South Middleton School District a/ James D. Flower, Jr., Esquire For Carlisle Area School District and the Borough of Carlisle :rim ~pp;CS etc. ~~~( ~~~j~,/~ a BY THE COURT, ~C Kevin A ess, P. J. :'~ ~ -- ~ ~, , --, r..,_ -<r ~- -~ ~ ~:- ~=; - ,- --~ ~' ~~-, -ca ~ - ~ ` ~, ~f, ~ ,.._, = ;~ . ,Q,~GG CARLISLE CORPORATION, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION—LAW NO. 11-7117 CIVIL CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEAL, Appellee IN RE: HEARING ORDER AND NOW, this day of April, 2013, the hearing in the above matter is set for April 18, 2013, and Friday, April 19, 2013, is continued generally pending a settlement agreement. BY THE COURT, i Kevin ess, P. J. /Joseph McAlee, Esquire j Anthony R. Thompson For the Plaintiff Z/Stephen D. Tiley, Esquire For the County �ilip H. Spare, Esquire For South Middleton School District ,.,4ames D. Flower, Jr., Esquire For Carlisle Area School District and the Borough of Carlisle ' Am rl1 n =nl Anthony R. Thompson, Esquire Atty. ID #08140 190 Brodhead Road Suite 200 P.O. Box 22257 Lehigh Valley, PA 18002-2257 610/997-5087 Joseph J. McAfee, Esquire Atty. ID #52618 P.O. Box 1571 Southeastern, PA 19399 610/254-0909 CARLISLE CORPORATION, Appellant v. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Appellee. ATTORNEYS FOR APPELLANT CARLISLE CORPORATION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 11-7117 Civil REAL ESTATE TAX ASSESSMENT APPEAL CERTIFICATE OF SERVICE I hereby certify that on the 3rd day of December 2014, a true and correct copy of the foregoing Stipulation to Withdraw Appeal was served upon the following persons and in the manner indicated below. Service by First Class Mail Postage Prepaid Addressed as Follows: Anthony R. Thompson, Esquire 190 Brodhead Road, Suite 200 P.O. Box 22257 Lehigh Valley, PA 18002-2257 Co -counsel for Carlisle Corporation Philip H. Spare, Esquire STOCK & LEADER 221 West Philadelphia Street Suite 600 York, PA 17401-2994 Solicitor for South Middleton School District John G. French, Esquire Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Solicitor for the Cumberland County Board of Assessment Appeals Gareth D. Pahowka, Esquire Stock & Leader 221 West Philadelphia Street Suite E-600 York, PA 17401 Solicitor for Carlisle Area School District Keith O. Brenneman, Esquire Snelbaker & Brennemann, P.C. 44 W. Main Street P.O. Box 318 Mechanicsburg, PA 17055 Solicitor for Borough of Carlisle sep J. ee, Esquire Attorney for Carlisle Corporation Anthony R. Thompson, Esquire Atty. ID #08140 190 Brodhead Road Suite 200 P.O. Box 22257 Lehigh Valley, PA 18002-2257 610/997-5087 Joseph J. McAlee, Esquire Atty. ID #52618 P.O. Box 1571 Southeastern, PA 19399 610/254-0909 CARLISLE CORPORATION, Appellant v. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, ) Appellee. Tax,Parcel No.: 49-08-0579-006 ) ) ) ATTORNEYS FOR APPELLANT CARLISLE CORPORATIONc) rn rCC) - cn� arz 5 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 11-7117 Civil REAL ESTATE TAX ASSESSMENT APPEAL -o STIPULATION AND ORDER AND NOW, this ?S day of , 2014, it is hereby STIPULATED, by and between counsel for the Appellant/Taxpayer, Carlisle Corporation, Joseph J. McAlee, Esquire, Counsel for Cumberland County and the Board of Assessment Appeals, John G. French, Esquire, the Solicitor for the Carlisle Area School District, Gareth D. Pahowka, Esquire, the Solicitor for the South Middletown School District, Philip H. Spare, Esquire and the Solicitor for Carlisle Borough, Keith O. Brenneman, Esquire that the above -captioned tax assessment appeal is withdrawn, with PREJUDICE. This Stipulation may be executed in counterparts. ( ittI - I sep J. M�Alee, Esquire orney for Appellant/Taxpayer Carlisle,,+ rporation e th D. PahowkEstjuire Solicitor for the Carlisle Area School District r J6hn G. French, squire Counsel, for- Cumberland County and the Board of Assessment Appeals Philip'FI. are, Esquire Solicitor for the South Middleton School District Page 1 of 2 Keith O. Brenneman, Esquire Solicitor for Borough of Carlisle It is so ORDERED and APPROVED, this 1'day of 2014. C01,1 rici-L iti4y J. fitci?Le Page 2 .of 2