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Home My WebLink About12-6984IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. CIVIL ACTION - LAW IN RE: APPEAL OF RITE AID REALTY CORPORATION FROM THE CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS TAX PARCEL NO.: 10-22-0529-013. MUNICIPALITY: HAMPDEN TWP. SCHOOL DISTRICT: CUMBERLAND VALLEY ASSESSMENT FOR THE YEAR 2013 PROPERTY OF RITE AID REALTY CORPORATION No. /A- &q8q 04'V1[ 0rX Real Estate Tax Assessment Appel r_- -10M a CO rll x..;o on r ?D r-- > CZ: in --H N T CTl 4 F- ?1{T mac) Cw, -pe PETITION FOR REVIEW OF COMMERCIAL REAL PROPERTY ASSESSMENT TO THE HONORABLE JUDGES OF SAID COURT: 1. The petitioner is RITE AID REALTY CORPORATION; duly authorized to transact business in Pennsylvania with a place of business located at ST JOHNS CHURCH ROAD, HAMPDEN TWP., CUMBERLAND COUNTY, Pennsylvania. 2. The respondent is the CUMBERLAND County Board of Assessment Appeals whose address is: CUMBERLAND County Offices, Rm 107, Board of Assessment Appeals, 1 Courthouse Square, Carlisle, PA 17013. 3. The petitioner is the owner of property located at ST JOHNS CHURCH ROAD, HAMPDEN TWP., CUMBERLAND COUNTY, Pennsylvania, which is identified for local real estate tax purposes as Parcel No. 10-22-0529-013. (hereinafter referred to as "Premises). 4. The County of CUMBERLAND, the municipality of HAMPDEN TWP., and the CUMBERLAND VALLEY School District are the taxing bodies interested in the taxable status of the Premises. 5. Sometime in 2012, the petitioner was informed that the assessment of the premises for local real estate tax purposes was fixed for the 2013 tax year at $3,594,000. #103.75 pA ATN eer -78,31&7 6. The petitioner filed notice of its intention to appeal this assessment to the CUMBERLAND County Board of Assessment Appeals ("Board") and a Hearing was held on October 23, 2012. 7. The petitioner was informed that the Board made no change to the assessment of $3,594,000 (See Exhibit "A" annexed hereto.) 8. The assessment for the premises 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 premises; (b) The ratio of assessed value to actual value applied in making the assessment is in excess of the ratio applied by the taxing authority; (c) The assessment lacks uniformity; (d) The assessment is discriminatory; (e) The assessment is otherwise unjust and inequitable. WHEREFORE, the petitioner requests that the Court review and reduce the assessment for the premises fixed for the taxable year 2013 and make such other orders and decrees with respect thereto as shall be just and proper. HENRY LA AP ATTORNEY ETITIONER ATTORNEY ID. NO. 312582 605 NORTH BROAD STREET LANSDALE, PENNSYLVANIA 19446 DATED: November 15, 2012 (215) 362-7772 EXlllblt 46 A" Cumberland County Assessment Office 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 Parcel Identifier: 10-22-0529-013. RITE AID REALTY CORPORATION -- PO BOX 3165 I vt MAILING DATE: OCTOBER 24, 2012 HARRISBURG PA 17100 APPEAL DEADLINE: NOVEMBER 23, 2012 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 (DENIED - 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 3,594,000 3,594,000 TAX STATUS Taxable Taxable C&G STATUS MARKET-BASED ASSESSMENT OLD NEW Land 1 1,796,400 1,796,400 Improvements; 1,797,600 1,797,600 TOTAL ; 3,594,000 3,594,000 1100% of Market Value at 2010 Base Year Rates. CLEAN AND GREEN (CSG) ASSESSMENT k i OLD NEW 'Land N!A N/A ?Improvements? N/A N/A TOTAL P?'/ A N/A 'Land value based on rates provided by the State_ CHANGE OF TAX BASIS - NET CHANGE COUn I y/i?rrt?IC SCHOGi, Land 0 0 Improvements 0 0 TOTAL 0 Effects Future Bis)inq Cycles Only cc. JANATA, LACAL' & ASSOCIATES Cumberland County Board of Assessment Appeals George A. DeMartyn Kristin Lehman Lloyd W. Bucher EFFECTIVE: 01/01/2013 for County/Munic 07/01/2013 for School i PROPERTY DESCRIPTION I Munic.: 10 - HAMPDEN TOWNSHIP School: 4 - CUMBERLAND VALLEY SD Control Number: 10008739 Property Location: ST JOHNS CHURCH ROAD 6.85 ACRES Land Size: 20.71 acres Property Type: CW Commercial - Warehouse Cumberland County Commissioners Barbara Cross Jim Hertzler Gary Eichelberger Dennis Marion, Chief Clerk ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW IN RE: APPEAL OF RITE AID REALTY CORPORATION FROM THE CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS TAX PARCEL NO.: 10-22-0529-013. MUNICIPALITY: HAMPDEN TWP. SCHOOL DISTRICT: CUMBERLAND VALLEY ASSESSMENT FOR THE YEAR 2013 PROPERTY OF RITE AID REALTY CORPORATION No. Real Estate Tax Assessment Appeal CERTIFICATION OF VERIFICATION 1. I, Henry Lacap, am an Attorney-at-Law of the Commonwealth of Pennsylvania and have been retained to represent the petitioner, RITE AID REALTY CORPORATION, in the within cause of action. 2. I have been authorized to file this petition on behalf of the petitioner. 3. This Certification of Verification is not executed by an officer of the petitioner because the verification could not be obtained within the time prescribed to effect its appeal by statute and rules of the Court. 4. 1 am familiar with all of the facts contained in this petition. 5. I certify that all of the facts set forth in this Petition are true and correct to the best of my knowledge and belief. I further certify that if any of the foregoing statements are willfully incorrect, I am subject to penalties as stated in the Pennsylvania Crimes Code, 18 PA.C.S. 4904, relating to unsworn falsification to authorities. 1?;?- HENRY L CAP ATTO FOR ETITIONER ATTORNEY I O. 312582 605 NORTH BROAD STREET LANSDALE, PENNSYLVANIA 19446 DATED: November 15, 2012 (215) 362-7772 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. CIVIL ACTION - LAW IN RE: APPEAL OF RITE AID REALTY CORPORATION FROM THE CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS TAX PARCEL NO.: 10-22-0529-013. MUNICIPALITY: HAMPDEN TWP. SCHOOL DISTRICT: CUMBERLAND VALLEY ASSESSMENT FOR THE YEAR 2013 PROPERTY OF RITE AID REALTY CORPORATION NOTICE OF APPEARANCE PLEASE, enter the appearance of HENRY LACAP Attorney at Law Attorney Id. No. 312582 605 North Broad Street Lansdale, Pennsylvania 19446 (215) 362-7772 No. Real Estate Tax Assessment Appeal as attorney for the petitioner, RITE AID REALTY CORPORATION, in the above captioned action. Please direct any and all correspondence and/or communications to said attorney at the address and/or telephone number set forth above. Yours, etc., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. CIVIL ACTION -LAW IN RE: APPEAL OF RITE AID REALTY CORPORATION FROM THE CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS TAX PARCEL NO.: 10-22-0529-013. MUN[CIPALITY: HAMPDEN TWP. SCHOOL DISTRICT: CUMBERLAND VALLEY ASSESSMENT Ft)R THE YEAR 2013 PROPERTY OF RITE AID REALTY CORPORATION CERTIFICATION OF SERVICE No. Real Estate Tax Assessment Appeal _, ~__.~ r,. This is to certify that in this case complete copies of the Petition for Review of Commercial Real Property Assessment were/served upon the following persons at the following addresses by mail on the ~~ y of~~~A~`l~."/"2012: CUMBERLAND County Board of Assessment Appeals 1 Courthouse Square, Room 107 Carlisle, PA 17013 CUMBERLAND County Solicitor 1 Courthouse Square Carlisle, PA 17013 CUMBERLAND VALLEY School District Office of the Superintendent 6746 Carlisle Pike Mechanicsburg, PA 17050 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 RITE AID REALTY : IN THE COURT OF COMMON CORPORATION : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA Petitioner vs. • CUMBERLAND COUNTY BOARD OF • ASSESSMENT APPEALS, Respondent MUNICIPALITY: HAMPDEN TOWNSHIP Parcel No. 10-22-0529-013 rri rn NO. 12 -6984 CIVIL TE �y c`J REAL ESTATE TAX ASSESSMENT APPEAL PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO PA. RCIV.P.1012(b) Please enter my appearance on behalf of the Appellee Cumberland County Board of Assessment Appeals, in the above captioned matter. Dated: l /,f Respectfully submitted, By y Jo G. French, Esquire So icitor for Cumberland County Board of Assessment Appeals 1 Courthouse Square, Room 107 Carlisle, PA 17013 (717) 759 -5297 Supreme Court I.D. # 90788 CD CD -77 cfl 1 APPEAL OF RITE AID REALTY CORPORATION Petitioner vs. : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA • CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, NO. 12 -6984 CIVIL TERM Respondent REAL ESTATE TAX MUNICIPALITY: ASSESSMENT APPEAL HAMPDEN TOWNSHIP Parcel No. 10-22-0529-013 CERTIFICATE OF SERVICE I hereby certify that on May 12, 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: Henry Lacap, Esquire GANATA, LACAP AND ASSOCIATES, P.C. Attorney for Petitioner 605 North Broad Street Lansdale, PA 19446 Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN, P.C. Solicitor for Hampden Township 44 W. Main Street P.O. Box 318 Mechanicsburg, PA 17055 -6249 Mark C. Duffle, Esquire JOHNSON DUFFIE STEWART & WEIDNER Attorney for Cumberland Valley School District 301 Market Street, P.O. Box 109 Lemoyne, PA 17043 Steven D. Tiley, Esquire FREY & TILEY 5 South Hanover Street Carlisle, PA 17013 ohn G. French, Esquire