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Home My WebLink About11-7952IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW MCCORMICK PROPERTIES, INC. NO. Il - 7g5a` Petitioner, VS. BOARD OF ASSESSMENT APPEALS Respondent. PETITION FOR REVIEW OF REAL ESTATE ASSESSMENT TO THE HONORABLE, THE JUDGES OF SAID COURT: CivI I -iu1fq rr"1 •?.;7 ('ITS ?.'? ; 7 1. The Petitioner is McCormick Properties, Inc. and is represented by Garippa, Lotz & Giannuario, 66 Park Street, P.O. Box 1584, Montclair, New Jersey 07042. 2. The respondent is the Board of Assessment Appeals, whose address is One Courthouse Square, Carlisle, PA 17013. 3. The petitioner is the owner of the premises known as Tax Map No. 09-19-1590- 129A, East Pennsboro Township, Pennsylvania. 4. Sometime in 2011, the petitioner was informed that the assessment for the above premises was fixed for the year 2012 at $737,500. 5. The petitioner filed notice of its intention to appeal to the Board the assessment referred to in paragraph 4 hereof. A hearing was held by the Board at which such time the appeal was heard. 6. By notice dated October 4, 2011, the petitioner was informed that the Board had affirmed the assessment. (See Exhibit A attached hereto). *ga.oo PA AT7-V e y a4(p3 P-,*ta*4 /59 7. The assessment of the premises known as Tax Map No. 09-19-1590-129A, East Pennsboro Township, Pennsylvania, as fixed by the Board is excessive, improper, unjust and contrary to law for the following reasons: (a) The assessment is based in whole or in part upon an appraisal that does not represent the actual value of the said premises. (b) The ratio of assessed value to actual value applied in making the assessment is in excess of the ratio applied through the taxing authority. (c) The assessment lacks uniformity. (d) The assessment is discriminatory. (e) The assessment is otherwise unjust and inequitable. (f) The utilization of the county's applicable STEB (State Tax Equalization Board) equalization ratio to the assessment as fixed by the Board, renders the assessment excessive, improper and unjust. (g) The STEB (State Tax Equalization Board) equalization ratio and not the county predetermined ratio should be utilized. WHEREFORE, the petitioner requests that the Court review and reduce the assessments fixed for the taxable year 2012, for the premises known as Tax Map No. 09-19- 1590-129A, East Pennsboro Township, Pennsylvania, and make such other orders and decrees with respect thereto as shall be just and proper. /$ DATED: Its GREGOKY G. L017, ESQ. Garippa, Lotz & Giannuario 66 Park Street, P.O. Box 1584 Montclair, New Jersey 07042 973-744-1688 Attorney for Petitioner Attorney ID No. 43603 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 MCCORMICK PROPERTIES Parcel Identifiez: INCORPORATED 09-19-1590-129A C/O PROPERTY TAX DEPT PO BOX 617905 MAILING DATE: OCTOBER 04, 2011 CHICAGO IL 60661-7905 APPEAL DEADLINE: NOVEMBER 03, 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 (NO CHANGE) 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 737,500 737,500 TAX STATUS Taxable Taxable CiG.•STATUS MARKET-BASED ASSESSMENT OLD NEW Land 737,500 737,500 Improvements 0 0 TOTAL 737,500 737,500 1100% 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: JAMES BLAKE, PROP TAX MAN Cumberland County Board of Assessment Appeals Lloyd W. Bucher Albert Peterlin Allen Shank EFFECTIVE: 01/01/2012 for County/Muni.c 07/01/2012 for School PROPERTY DESCRIPTION Munic.: 09 - EAST PENNSBORO TWP School: 5 - EAST PENNSBORO SD Control Number: 09005719 Property Location: SENATE AVENUE & HOUSE AVENUE LAND APPROX. 4 ACRES Land Size: 4.05 acres Property Type: CH Commercial - Parking Lot Cumberland County Commissioners Gary Eichelberger Rick Rovegno Barbara Cross Dennis Marion, Chief Clerk Inotc_a11L1 ORIGINAL LETTER OF AUTHORIZATION KNOW ALL MEN BY THESE PRESENTS that Garippa, Lotz & Giannuario and its designee(s) are hereby authorized to represent and act on behalf of McCormick Properties, Inc., with full power of authority to take any and all action which is advisable or necessary in appealing the assessments levied on real estate taxes owned by the undersigned as follows and such authority shall include, but not be limited to preparation, filing and negotiation of all appeals and to present any evidence which may be pertinent to these filings. This authorization is applicable to the 2012 tax year until the termination of said appeal. Property Identification Number(s): Parcel Nos. 09-19-1590-129. 09-19-1590-129A 09-19-1592-031. East Pennsboro Township, Cumberland County, PA MCCORMICK PROPERTIES, INC. by: Typed signature: Michael Kolling Corporate title: Vice President, Property Tax Sworn to me this tt 13 4tl day of 0 C `tb 2011 CQ NOT RY PUBLIC OFFICIAL SEAL JAMES A. BLAKE NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES DEC. 11, 2011 19100eumo2011 CERTIFICATION OF VERIFICATION 1. I, Gregory G. Lotz, Esq., am an Attorney-at-law of the State of Pennsylvania and have been retained to represent the plaintiff in the within cause of action. 2. 1 have been authorized to file the within Petition on behalf of McCormick Properties, Inc. 3. The Certification of Verification is not executed by a corporate officer of McCormick Properties, Inc. because said verification could not be obtained within the time prescribed by the statute and the rules of the court. 4. 1 am familiar with all of the facts contained in the within Petition. 5. 1 certify that all of the facts set forth in the within Petition are true and correct to the best of my knowledge and belief. I certify that if any of the foregoing statements contained within Petition are willfully false, I am subject to punishment. GREgORY G: LOTZ, ES . Gar' pa, Lotz & Giannu i 66 Park Street, P. O. B 584 Montclair, New Jersey 7042 973-744-1688 Attorney for Petitioner Attorney ID No. 43603 Sworn and Subscribed to before me this 1 ?4*' day of dart. << 2011 N TA Y PU C UMOA C. lOMEB A NOTARY PUBUC OF NEW MERSEY MY COMMISSION EXPIRES NOVEMBER 18, 2013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MCCORMICK PROPERTIES, INC. Petitioner, V. BOARD OF ASSESSMENT APPEALS No. Respondent. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the Petition for Review of Real Estate Assessment, proposed Order and Certificate of Service in the entitled action has been served upon the following by way of certified mail: Board of Assessment Appeals One Courthouse Square Carlisle, PA 17013 Stephen T. Tiley, Esq. Solicitor for Board of Assessment Appeals 5 South Hanover Street Carlisle, PA 17013 Chief Clerk of County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Clerk of East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 Business Manager East Pennsboro School District 890 Valley Street Enola, PA 17025 Edward L. Schorpp, Esq. Solicitor for Cumberland County One Courthouse Square, Room 208 Carlisle, PA 17013 Joseph A. Curcillo, III, Esq. Solicitor for East Pennsboro Township 3964 Lexington Street Harrisburg, PA 17109 Carl P. Beard, Jr., Esq. Solicitor for East Pennsboro School District 3366 Lynwood Drive Altoona, PA 16603 Dated: 1 0 / 1f / it GR56ORY G. COTZ, ESQ. Garippa, Lotz & Giannuari 66 Park Street, P.O. Bo 58Montclair, New Jersey 07042 973-744-1688 Attorney for Petitioner Attorney ID # 43603 \9196\Petition2011-2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MCCORMICK PROPERTIES, INC Petitioner V. CIVIL ACTION - LAW No. 11-7952 BOARD OF ASSESSMENT APPEALS, Respondent EAST PENNSBORO AREA SCHOOL DISTRICT, Interested Party Type of Pleading: Entry of Appearance Counsel of Record for This Party: East Pennsboro School District Patrick J. Fanelli, Esquire Andrews & Beard PA.I. D. 85640 3366 Lynnwood Drive PO Box 1311 Altoona, PA 16603-1311 (814) 940-8672 Q,j ?.J E ? ?? r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MCCORMICK PROPERTIES, INC. Petitioner V. BOARD OF ASSESSMENT APPEALS, Respondent CIVIL ACTION - LAW No. 11-7952 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the East Pennsboro Area School District, Interested P", in the ned matter. Patrick J a li, Esquire P.A. 1. D. No. 5640 3366 Ly od Drive P.O. Box 1311 Altoona, PA 16603-1311 Attorney for Pennsboro Area School District Dated: October 28, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MCCORMICK PROPERTIES, INC. Petitioner CIVIL ACTION - LAW No. 11-7952 V. BOARD OF ASSESSMENT APPEALS, Respondent CERTIFICATE OF SERVICE I, Patrick J. Fanelli, Esquire, hereby certify that the foregoing PRAECIPE FOR ENTRY OF APPEARANCE was served this 28th day of October, 2011, via US First Class Mail, on the following: Board of Assessment Appeals One Courthouse Square Carlisle, PA 17103 Chief Clerk County Cumberland Co. Courthouse One Courthouse Square Carlisle, PA 17103 Stephen T. Tiley, Esq. 5 South Hanover Street Carlisle, PA 17103 Edward L. Schorpp, Esq. One Courthouse Square - Rm 208 Carlisle, PA 17103 Clerk of East Pennsboro Township Joseph A. Curcillo, III, Esq. 98 S. Enola Drive 3964 Lexington Street Enola, PA 170025 Harrisburg, PA 17109 ANDRtWS & B Patrick J Fa dlli; Esquire P.A. I.D. N"5640 3366 Lynnwood Drive P.O. Box 1311 Altoona, PA 16603-1311 Attorney for School District IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MCCORMICK PROPERTIES, INC. Petitioner, V. BOARD OF ASSESSMENT APPEALS Respondent. No. 11-7952 Civil Term CERTIFICATE OF SERVICE l? . -i 'r rte"; The undersigned hereby certifies that a time-stamped and filed copy of the Petition for Review of Real Estate Assessment, proposed Order and Certificate of Service in the entitled action has been served upon the following by way of certified mail: Board of Assessment Appeals One Courthouse Square Carlisle, PA 17013 Stephen T. Tiley, Esq. Solicitor for Board of Assessment Appeals 5 South Hanover Street Carlisle, PA 17013 Chief Clerk of County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Clerk of East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 Business Manager East Pennsboro School District 890 Valley Street Enola, PA 17025 Edward L. Schorpp, Esq. Solicitor for Cumberland County One Courthouse Square, Room 208 Carlisle, PA 17013 Joseph A. Curcillo, III, Esq. Solicitor for East Pennsboro Township 3964 Lexington Street Harrisburg, PA 17109 Carl P. Beard, Jr., Esq. Solicitor for East Pennsboro School District 3366 Lynwood Drive Altoona, PA 16603 A Dated: )0 / --?7 / 1- GREGORY G. LOTZ, EQ Garippa, Lotz & Giannua 66 Park Street, P.O. Box Montclair, New Jersey 0 973-744-1688 Attorney for Petitioner Attorney ID # 43603 %9,981cert2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW .. cra r- _. No. 11-7952 Civil Term MCCORMICK PROPERTIES, INC. Petitioner, V. BOARD OF ASSESSMENT APPEALS Respondent. CERTIFICATE OF SERVICE The undersigned hereby certifies that a time-stamped and filed copy of the signed Order in the entitled action has been served upon the following by way of certified mail: Board of Assessment Appeals One Courthouse Square Carlisle, PA 17013 Chief Clerk of County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Clerk of East Pennsboro 98 S. Enola Drive Enola, PA 17025 Stephen T. Tiley, Esq. Solicitor for Board of Assessment Appeals 5 South Hanover Street Carlisle, PA 17013 Edward L. Schorpp, Esq. Solicitor for Cumberland County One Courthouse Square, Room 208 Carlisle, PA 17013 Township Joseph A. Curcillo, III, Esq. Solicitor for East Pennsboro Township 3964 Lexington Street Harrisburg, PA 17109 Business Manager East Pennsboro School District 890 Valley Street Enola, PA 17025 Carl P. Beard, Jr., Esq. Solicitor for East Pennsboro School District 3366 Lynwood Drive Altoona, PA 16603 Dated: 1' / IL / GREGORY G. LOTZ, Garippa, Lotz & Gianr 66 Park Street, P.O. E Montclair, New Jersey 973-744-1688 d Attorney for Petitioner Attorney ID # 43603 1584 W196"U-order MCCORMICK PROPERTIES, INC.: IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTON - LAW NO. 2011-7952 CIVIL BOARD OF ASSESSMENT APPEALS, Respondent EAST PENNSBORO AREA SCHOOL DISTRICT, Interested Party ORDER AND NOW, this day of April, 2012, at the request of counsel for the parties, hearing in the above-captioned matter set for April 20, 2012, is continued generally. BY THE COURT, ( Kevin A. Hess, P. J. n V Carl P. Beard, Jr. 3366 Lynnwood Drive P. O. Box 1311 Altoona, PA 16603-1311 For the Petitioner - - Stephen Tiley, Esquire C- 77- 5 South Hanover Street Carlisle, PA 17013 4=' ?' =+ x For Board of Assessment C-1' Gregory G. Lotz, Esquire 66 Park Street P. O. Box 1554 Montclair, NJ 07042 For East Pennsboro School District Joseph Curcillo, Esquire 3964 Lexington Street Harrisburg, PA 17109 For East Pennsboro School District 1114, lyd oet"I - -142 John G. French, Esquire Attorney for Cumberland County Board of Assessment Appeals 1 Courthouse Square, Room 107 Carlisle, PA 17013 Attorney I.D. No. 90788 Tel.: 717-759-5297 APPEAL OF MCCOR1VICK PROPERTIES INC Petitioner vs. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Respondent : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA NO. 11-7952 CIVIL TERM REAL ESTATE TAX MUNICIPALITY: ASSESSMENT APPEAL EAST PENNSBORO TOWNSHIP Parcel No. 09-19-1590-129A PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO PA. R.CIV.P. 1012(b) Please enter my appearance on behalf of the Appellee Cumberland County Board of Assessment Appeals, in the above captioned matter. Dated: /i % y Respectfully submitted, By Jo G. French, Esquire Solicitor for Cumberland County Board of Assessment Appeals 1 Courthouse Square, Room 107 Carlisle, PA 17013 (717) 759-5297 Supreme Court I.D. # 90788 APPEAL OF MCCORMICK PROPERTIES INC Petitioner vs. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Respondent : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA NO. 11-7952 CIVIL TERM REAL ESTATE TAX MUNICIPALITY: ASSESSMENT APPEAL EAST PENNSBORO TOWNSHIP Parcel No. 09-19-1590-129A CERTIFICATE OF SERVICE I hereby certify that on May 14, 2014, a true and correct copy of the foregoing Praecipe for entry of Appearance, Pursuant to Pa. R.Civ.P. 1012(b) was served by means of United States mail, first class, postage prepaid, upon the following: Gregory G. Lotz, Esquire GARIPPA, LOTZ AND GIANNUARIO Attorney for Petitioner 66 Park Street Montclair, NJ 07042 Joseph A. Curcillo, III, Esquire BEINHAUR & CURCILLO Solicitor for East Pennsboro Township 3964 Lexington Street Harrisburg, PA 17109 Patrick J. Fanelli, Esquire ANDREWS & BEARD Solicitor for East Pennsboro School District 3366 Lynwood Drive Altoona, PA 16603 Steven D. Tiley, Esquire FREY & TILEY 5 South Hanover Street , Carlisle, PA 17013 ohn G. French, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MCCORMICK PROPERTIES, INC. CIVIL ACTION - LAW Petitioner No. 11-7952 v. BOARD OF ASSESSMENT Type of Pleading: APPEALS, Entry of Appearance Respondent EAST PENNSBORO AREA SCHOOL DISTRICT, Interested Party 1,7) 117 :J c •Li Counsel for: EAST PENNSBORO ARO SCHOOL DISTRICT Carl P. Beard, Esquire Pa. Id. No. 33479 Ronald N. Repak, Esquire Pa. Id. No. 309138 ANDREWS & BEARD 3366 Lynnwood Drive P.O. Box 1311 Altoona, PA 16602 (814) 943-3304 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MCCORMICK PROPERTIES, INC. CIVIL ACTION - LAW Petitioner No. 11-7952 v. BOARD OF ASSESSMENT APPEALS, Respondent EAST PENNSBORO AREA SCHOOL DISTRICT, Interested Party CERTIFICATE OF SERVICE I, Carl P. Beard, Esquire, hereby certify that the foregoing PRAECIPE FOR ENTRY OF APPEARANCE was served this 28th day of May, 2014, via US First Class Mail, on the following: John G. French, Esquire Joseph A. Curcillo, III, Esquire Solicitor for Cumberland County Beinhaur & Curcillo Board of Assessment Appeals Solicitor for East Pennsboro 1 Courthouse Square, Room 107 Township Carlisle, PA 17013 3964 Lexington Street Harrisburg, PA 17109 Gregory G. Lotz, Esquire Garippa, Lotz & Giannuario 66 Park Street Montclair, NJ 07042 ANDREWS & BEARD ,,,'',„_,,,,,I-e_aa Carl P. Beard, Esquire Pa. Id. No. 33479 Ronald N. Repak, Esquire Pa. Id. No. 309138 3366 Lynnwood Drive P.O. Box 1311 Altoona, PA 16602 (814) 943-3304 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MCCORMICK PROPERTIES, INC. CIVIL ACTION - LAW Petitioner v. No. 11-7952 BOARD OF ASSESSMENT APPEALS, Respondent PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Patrick J. Fanelli Esquire and enter the appearance of Carl P. Beard and Ronald N. Repak of Andrews & Beard on behalf of the East Pennsboro Area School District, Interested Party, in the above - captioned matter. ANDREWS & BEARD Carl P. Beard, Esquire Pa. Id. No. 33479 Ronald N. Repak, Esquire Pa. Id. No. 309138 3366 Lynnwood Drive P.O. Box 1311 Altoona, PA 16602 (814) 943-3304 FAX (814) 943-3430 Dated: May 28, 2014