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HomeMy WebLinkAbout12-4335 r rj 't ° C= j R cn f om ,_ r7i o t . w --, ?-, ? C 3 CD rr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAP CIVIL ACTION - LAW M 3 REALTY LP ? No. ? )- ? i l3 3 Petitioner, 7 vs. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS Respondent, PETITION FOR REVIEW OF REAL ESTATE ASSESSMENT AND NOW, this day of July, 2012, M 3 Realty LP by and through its counsel does hereby file this Petition for Review of Real Estate Assessment and aver as 1. M 3 Realty LP (hereinafter "Petitioner") is the owner of a parcel of real estate situ to in Hampden Township, Cumberland County, Pennsylvania identified as Parcel No. 10-08-0565-O )l (the "Property"). 2. The Cumberland County Board of Assessment Appeals ("Respondent") has address of One Courthouse Square, Room 107, Carlisle, Pennsylvania, 17013. 3. Petitioner filed a timely appeal of the Property's assessed value with Respondent. 4. A hearing was held and Petitioner provided evidence regarding the fair market val e of the Property. p .l?y &j03,73 5 7 1 y? 9 J-'( 5. On June 14, 2012 the Respondent issued its decision relative to Petitioner' and only reduced the assessed value of the Property to $10,700,000. 6. A copy of the Appeal Decision Notification is attached hereto as Exhibit "A". 7. The assessed value established by the Respondent for the Property is excessive inequitable; was not made in accordance with the facts regarding the Property; and fails to accurately determine the fair market value of the Property. 8. The Respondent did not legally and properly examine and revise the valuation assessment of the Property by accurately determining fair market value and applying the level ratio. 9. Petitioner is aggrieved by the decision of the Cumberland County Board of Assessment Appeals, and seeks a hearing de novo. WHEREFORE, Petitioner, being aggrieved by the decision of the Respondent and assessed value established with respect to the Property, files this Petition for Review of Estate Assessment with the Court and requests that the attached Order is entered setting a for a hearing on Petitioner's appeal to lower the assessed value of the Property. BARLEY SNYDER LLC Date: July 13, 2012 By- 41 -- 1 W. ich, Es Jeremy D. Frey, Es irf Court I.D. No. 74453 Court I.D. No. 89118 Attorneys for Petitioner M 3 Realty LP 100 East Market Street 3618694.1 York, PA 17401 2 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Petition for Review of Real Assessment, proposed Order and Certificate of Service in the entitled action has been served 13th day of July, 2012, by certified mail upon the following: Cumberland County Board of Assessment Appeals One Courthouse Square, Room 107 Carlisle, PA 17013 Hampden Township 230 S. Sporting Hill Road Mechanicsburg, PA 17050 Cumberland Valley School District Attention: Business Manager 6746 Carlisle Pike, Mechanicsburg, PA 17050 Chief Clerk of County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 BARLEY SNYDER LLC By: BIG W. Minnich, Esquire Jeremy D. Frey, Esquire Court I.D. No. 74453 Court I.D. No. 89118 Attorneys for Petitioner M 3 Realty LP 100 East Market Street York, PA 17401 (717) 846-8888 3 VERIFICATION I, Jeremy D. Frey, Esquire, verify that I am the attorney for M 3 Realty LP, that I am authorized to represent Petitioner in this action, that I have acquired the facts supporting the within Petition for Review of Real Estate Assessment, in my capacity as attorney for M 3 RI LP, that time is of the essence in filing this Petition for Review of Real Estate Assessment, that the facts set forth in the within Petition for Review of Real Estate Assessment are true a correct to the best of my knowledge, information and belief. I understand that false statemei herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: July 13, 2012 D. 4 EXHIBIT A Cumberland': County TaL Assessment. One Courthouse Sgyare p ?oc1[a 1©7 Carlisle., PA 17013 Rour-s 8:00am to 4::30pin CU11berland County Board of Assessment A 'Ne-ozge A. DeMart ytn ea,J s Kristin Lehman Lloyd W. Bucher Stephen D. Tiley, Assistant S,olic Bonnie m. M8honey, Chief Assa_ssor M.3 REALTY JP C/O JOHN GILL,, EQfJ 4, GA"I AGRER, BRENNAN & 1,i LL 220 PIERCE STREET 1U'NGST0A3 PA 18704 Parcel Identifier 10-08-0565-oai. MAILING DATE: JUNE 19, 2( APPEAL, DEADLINE: JULY 14 BOARD OF AS kESS> IF1xCT APPE;AI;SS` DECISION NOTICE - THIS IS NOT A TAX BILL Thj,s is a n©t:?e of a C$an`ge to the as0ess:ed valuation or status of this property. ?A.?QN 'P?? ?: Q4 ?I. BARD IOE?I (REVISED The Board of Assessment ?J appeal. You may aP,L tAhsadeci1sionStaEtll?hCavrtcof1Co?r nonaPleas byufiling assessme: c0urlt? zate paperwork P"with: the Prothonotary s office in accordance with local rules PI32`i7R$ TA][ BZI,21NG' gg 7 13, 000, OOQ 10, 7p ?p Taxak,l a Taxable MVCTIVE: 01/01!2013 fro 07101/2013 for PRO , RTY SCRIVTICW Munie,: 10; - HAMPDEN TQWNSHXp School; 4 CUMBERLAND VALLEY SD fi''BASZp Afi1SE$ Land OLD NEW , 2, 968, 000 2, 969, DOOI??vements 10,032,DOQ 13, 000, Oaa -132,000 10, 700, OOto 100% of market Value at 2010 Base 'Isar Rates. r!m Gip (CiG) ASR$a"ANENT Land OLD NEW Impravemen,ts N/A N/A TOTAL N N/A /,? iIA. N/A Land value based on rates Provided by the State. Control Number: 10000022 Property Location: 426 :SALEM CHURCH ROAD LAND APPROX 30 ACRES Land Size; 29,68 acres Property Type, CW Commercial - Warehouse cI AN(;E or '!1?JUL 1 NET CliM= COUNTY/MANIC SCHOOL Land 0 ImprOVe nents -2, 300, 0r10 0 TOTAL -2,3:0D,Do:C) -2,300,000 -2,300,ooo Effects Future Billing Cycles Only I not c-al l L I Cumberland County commissioners Barbara Cross Jim Kertzler Gary Eicheibe'rger Dennis Marion, Chief Clerk ORIGINAL a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW M 3 REALTY LP vs. Petitioner, No. I?-y33s L,wl CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS Respondent, ORDER OF COURT AND NOW, this q _ffd"ay of July, 2012, a hearing shall be conducted on the merits of the within appeal from an assessment at q,'3 D (a.m./pan, , 06j. 31 , 2012, in Courtroom Number CA, Cumberland County Courthouse, Carlisle, Pennsylvania. *? I, U \ ? J. I?Cumberland County Board of Assessment Appeals , ., One Courthouse Square, Room 107 Carlisle, PA 17013 rnm - MF= - r/Hampden Township r _- t; c 230 S. Sporting Hill Road -?C:,- Mechanicsburg, PA 17050 < - =' t :a =C) V Cumberland Valley School District Attention: Business Manager 6746 Carlisle Pike, Mechanicsburg, PA 17050 1/Chief Clerk of County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 v1 ley Sh,c??r M3 REALTY, LP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS NO. 12-4335 CIVIL ORDER OF COURT AND NOW, this Td day of August, 2012, upon consideration of a conflict with Court's schedule, IT IS HEREBY ORDERED AND DIRECTED that the hearing scheduled for Wednesday, October 31, 2012, at 9:30 a.m. will now be held in Courtroom No. 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania before the Honorable E. Guido. By the Court, S?-? M. L. Ebert, Jr., J. I/ Cumberland County Bd. of Assessment Appeals i/ Hampden Township (/Cumberland Valley School District Attention: Business Manager t/ Chief Clerk of Cumberland County , ?Jeremy Frey Esquire z? c , - en -rle ?s z N r ?P `e< wa . Atd -ri F FT-1 C711 M3 REALTY., LP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS NO. 12-4335 CI~~. Parcel No. 10-08-0565-001 ORDER OF COURT ANI:) NOW, this 2 ~ day of October, 2012, upon representation by Stephen D. Tiley, Esquire, Cor~nsel for the Cumberland County Board of Assessment Appeals, that the parties have agreed to continue the case generally, the hearing previously scheduled for October 3 1, 2012 is cancelled and the matter is continued generally at the call of any party. BY THE COURT, / Jeremy D. Frey, Esquire ~ Stephen D. 'I'iley, Esquire Keith O. Brenneman, Esquire /Jerrv R. Duffie, Esquire a~~~ ~~ /GL C ~~ ~^ ~ Z "C"7 T z ~ ~ _'{ ' 'r= - +4~ /J -< ~ °~ ° ~ ^ C N ~ . -.~ ~ y 1 J~~J ci� r° PRAECIPE FOR LISTING CASE FOR NON JURY TRIAL r'l n`K (Must be typewritten and submitted in triplicates N TO THE PROTHONOTARY OF CUMBERLAND COUNTY - � O 1•, Please list the following case for a TRIAL WITHOUT A JURY. -------------------------------------------------------------------------------------------------------------- CAPTION OF CASE jentire caption must be stated in fulll (check one) Q Civil Action—Law ❑Appeal from arbitration El M 3 Realty, LP (other) (Plaintiff) No. 12-4335 Civil Term vs. Cumberland County Board of Assessment Appeal (Defendant) vs. Indicate the attorney who will try case for the party who files this praecipe: Jeremy D. Frey, Esquire, Attorney for Plaintiff(Petitioner) Indicate trial counsel for other parties if known: John G. French, Esquire, Attorney for Cumberland County Board of Assessment Appeals This case is ready for trial. Signed: Print e: Jer y D. Fre Date: June—, 2013 Attorney for: M 3 Realty, LP ( Plaintiff) 0-ml 7:5P4 all 3982775.1 M 3 REALTY, LP, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF rnm e+ 5 ^ V. =;u a° ter{ CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, 22' DEFENDANT NO. 12-4335 CIVIL � � ORDER OF COURT co �.�0. AND NOW, this 27th day of June, 2013, upon consideration of M 3 Realty's appeal from the decision of the Board of Assessment of Appeals of Cumberland County, IT IS HEREBY ORDERED AND DIRECTED that a hearing on this matter will be held on Friday, October 4, 2013, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. The Parties shall file a pre-hearing memorandum with the Court on or before September 23, 2013, in the following format: I. A concise statement of factual issues to be decided at the hearing. II. A list of witnesses the party intends to call at the hearing along with a concise statement of their anticipated testimony. III. A list of all exhibits each party anticipates presenting at hearing. IV. A statement of any legal issues each party anticipates being raised at hearing along with copies of any cases which may be relevant to resolution of the stated issue. IT IS HEREBY FURTHER ORDERED AND DIRECTED that either party may request a status conference in this matter prior to the hearing in order to discuss any outstanding issues to include the exchange of property value assessments. By the Court, M. L. Ebert, Jr., Jeremy D. Frey, Esquire Attorney for Plaintiff hn G. French, Esquire For Cumberland County Bd. of Assessment bas `- I M 3 REALTY, LP, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF • • V. • CUMBERLAND COUNTY BOARD • OF ASSESSMENT APPEALS, DEFENDANT : NO. 12-4335 CIVIL ORDER OF COURT AND NOW, this 29th day of July, 2013, there now being a conflict with this Court's schedule for the hearing scheduled for October 4, 2013 in this matter, IT IS HEREBY ORDERED AND DIRECTED that a hearing on this matter will now be held on Wednesday, November 6, 2013, at 9:30 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. The Parties shall file a pre- hearing memorandum with the Court on or before October 21, 2013, in the following format: I. A concise statement of factual issues to be decided at the hearing. II. A list of witnesses the party intends to call at the hearing along with a concise statement of their anticipated testimony. III. A list of all exhibits each party anticipates presenting at hearing. IV. A statement of any legal issues each party anticipates being raised at hearing along with copies of any cases which may be relevant to resolution of the stated issue. IT IS HEREBY FURTHER ORDERED AND DIRECTED that either party may request a status conference in this matter prior to the hearing in order to discuss any outstanding issues to include the exchange of property value assessments. By the Court, \\‘\\\:-\\- M. L. Ebert, Jr., I . ,/Jeremy D. Frey, Esquire Attorney for Plaintiff /John G. French, Esquire For Cumberland County Bd. of Assessment bas OP n0i r-P • I" 1"°1 Lo L C +-C 1"R0T 0No) ,,' , 1 2013 AUG -7 PN 2: 18 C U t-a-B[['Caa R��,,ffI.I�N D fC�fO U N T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW M 3 REALTY, LP No.: 12-4335 CIVIL Petitioner, Parcel No.: 10-08-0565-001 vs. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS Respondent, MOTION FOR STATUS CONFERENCE 1. M 3 Realty, LP (hereinafter"Petitioner") is the owner of a parcel of real estate situate in Hampden Township, Cumberland County, Pennsylvania, identified as Parcel No. 10- 08-0565-001 (hereinafter the "Property"). 2. On October 26, 2012, this Honorable Court issued an Order continuing the case generally and cancelling a hearing on the merits. 3. On June 27, 2013, this Honorable Court issued an Order scheduling a hearing on this matter for October 4, 2013. 4. As of the date of the filing of this Motion Petitioner has not been able to reach an agreement with Respondent. 5. At this point, Petitioner has not received an appraisal from Respondent which has delayed finalizing the resolution of this matter. i 6. Petitioner believes, and therefore avers, that the interests of Petitioner are being prejudiced by the ongoing delay in finalizing the settlement of this matter. Accordingly, Petitioner requests that the Court schedule a status conference to obtain the Court's assistance in resolving this matter. WHEREFORE, Petitioner, respectfully requests that the Court schedule a status conference in this matter. BARLEY SNYDER LLC Date: August 2013 ul W. Minnich, Esquire Jeremy D. Frey, Esquir Court I.D. No. 74453 Court I.D. No. 89118 Attorneys for Petitioner M 3 Realty LP 100 East Market Street 3963795.1 York, PA 17401 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Motion for Status Conference, proposed Order and Certificate of Service in the entitled action has been served this day of August, 2013, by certified mail upon the following: Cumberland County Board of Assessment Appeals One Courthouse Square, Room 107 Carlisle, PA 17013 Hampden Township 230 S. Sporting Hill Road Mechanicsburg, PA 17050 Cumberland Valley School District Attention: Business Manager 6746 Carlisle Pike, Mechanicsburg, PA 17050 Chief Clerk of County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 BARLEY SNYDER LLC BY: -7-7 P W. Minn?cb, Esquire Jeremy D. Frey, Esquire Court I.D. No. 74453 Court I.D. No. 89118 Attorneys for Petitioner M 3 Realty LP 100 East Market Street York, PA 17401 (717) 846-8888 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW M 3 REALTY LP No.: 12-4335 CIVIL Petitioner, Parcel No.: 10-08-0565-001 vs. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS Respondent, ORDER OF COURT AND NOW, this 4 V�day of0�u�2013, a Status Conference shall be conducted on a I 5 the merits of the within appeal from an assessment at (a.m./paR.), , 2013, in Courtroom Number , Cumberland County Courthouse, Carlisle, Pennsylvania. J. Zcumberland County Board of Assessment Appeals One Courthouse Square, Room 107 Carlisle, PA 17013 Hampden Township 230 S. Sporting Hill Road Mechanicsburg, PA 17050 , ' c �. uo Cumberland Valley School District Attention: Business Managers CD 3 6746 Carlisle Pike, � Mechanicsburg, PA 17050 Chief Clerk of County v Cumberland County Courthouse —4 k; One Courthouse Square Carlisle, PA 17013 Ca�� $Pp.? - �� M 3 REALTY, LP, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA, PLAINTIFF : rri V. • -;r rya CUMBERLAND COUNTY BOARD ASSESSMENT APPEALS, : ,c DEFENDANT : NO. 12-4335 CIVIL t� ORDER OF COURT AND NOW, this 15th day of October, 2013, after status conference with counsel in the above captioned matter, IT IS HEREBY ORDERED AND DIRECTED that the final assessment and full report being conducted by Noon and Associates shall be provided to Plaintiff on or before Friday, November 29, 2013, IT IS FURTHER ORDERED AND DIRECTED that at that time should the parties not be able to resolve their differences, Plaintiff shall petition the Court for a full hearing on the matter. It is noted at this that there will be no further continuances in this case. Accordingly, the hearing currently scheduled for November 6, 2013, is CANCELLED. By the Court, M. L. Ebert, Jr., /' J. eremy D. Frey, Esquire Attorney for Plaintiff hn G. French, Esquire For Cumberland County Bd. of Assessment bas ClotieS' 024a i /0//S/13 Cl .L.ITE).- OFFICE THE PROTHONOTAWi 20.1411AR PH 1: 04 CUMBERLANO COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION M 3 REALTY, LP Petitioner, VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS Respondent, : No.: 12-4335 CIVIL : Parcel No.: 10-08-0565-001 : Tax Assessment Appeal PRAECIPE FOR LISTING CASE FOR NON JURY TRIAL To the Prothonotary Please list this case for a TRIAL WITHOUT A JURY. Attorney Paul W. Minnich, Esquire will try the case for the Petitioner. This case is ready for trial. BARLEY SNYDER By: Paul W( Minnich Jeremy D. Frey 100 East Market S York, PA 17401 717-846-8888 Fax: 717-843-8492 pminnich@barley.com jfrey@barley.com Attorneys for Petitioner eet oto, cl1 spc1 CUi 753-n1 cr CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of the Praecipe for Listing Case for Non Jury Trial is being served on counsel and parties by first class mail, as follows: March 3 , 2014 John G. French, Esq. Cumberland County Board of Assessment Appeals 1304 Oak Lane New Cumberland, PA 17040 Hampden Township 230 S. Sporting Hill Road Mechanicsburg, PA 17050 Ulysses S. Wilson Attorney for the Cumberland Valley School District Johnson, Duffle, Stewart & Weidner 301 Market Street — P.O. Box 109 Lemoyne, PA 17043-0109 Chief Clerk of County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 BARLEY SNYDER By: Paul Jeremy D. rey Attorneys for Petitioner M 3 REALTY, LP, PLAINTIFF V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, DEFENDANT : NO. 12-4335 CIVIL ORDER OF COURT AND NOW, this 10th day of March, 2014, upon consideration of the Praecipe to List Case for Non-Jury Trial filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that the Non-Jury Trial on this matter will now be held on Wednesday, June 4, 2014, at 9:30 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. The Parties shall file a pre-hearing memorandum with the Court on or before May 23, 2014, in the following format: I. A concise statement of factual issues to be decided at the hearing. II. A list of witnesses the party intends to call at the hearing along with a concise statement of their anticipated testimony. III. A list of all exhibits each party anticipates presenting at hearing. IV. A statement of any legal issues each party anticipates being raised at hearing along with copies of any cases which may be relevant to resolution of the stated issue. By the Court, Paul W. Minnich, Esquire Jeremy D. Frey, Esquire Attorneys for Plaintiff .'ohn G. French, Esquire For Cumberland County Bd. of Assessment .44ampden Township 230 South Sporting Hill Road Mechanicsburg, PA 17050 S. Wilson, Esquire Attorney for Cumb. Valley School District 301 Market Street P. 0. Box 109 Lemoyne, PA 17043 Larry Thomas Chief Clerk Cumberland County bas e6 OfeS 3 !OM rni M 3 REALTY, LP, PLAINTIFF V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY BOARD. OF ASSESSMENT APPEALS, DEFENDANT : NO. 12-4335 CIVIL ORDER OF COURT AND NOW, this 3rd day of June, 2014, upon consideration of the information that the parties have reached an agreement to settle the matter, IT IS HEREBY ORDERED AND DIRECTED that the Non -Jury Trial scheduled for Wednesday, June 4, 2014, at 9:30 a.m. in Courtroom No. 2 is continued. If the parties fail to finalize the agreement, either side may request the matter be rescheduled. By the Court, ✓Paul W. Minnich, Esquire Jeremy D. Frey, Esquire Attorneys for Plaintiff John G. French, Esquire For Cumberland County Bd. of Assessment bas 1•t�'+i� / 'z 1 qh,//pf �t1 .