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Home My WebLink About13-1679 Supreme Car '''` nnsylvania Cou leas For Prothonotary Use Only: C f Docket No: cu' I A/ r' County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required bylaw or rules of court. Commencement of Action: S ❑ Complaint ❑ Writ of Summons Petition ❑ E Transfer from Another Jurisdiction ® Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: T BUSINESS AIRPORT OF CARLISLE, INC CUMBERLAND COUNTY BOARD OF ASSESSMENT�I I Are money damages requested? ❑Yes ❑ No Dollar Amount Requested: ®within arbitration limits a (check one) ❑outside arbitration limits N Is this a Class Action Suit? ❑Yes El No Is this an MDJAppeal? ❑ Yes El No A Name of PWntifflAppeilant's Attorney: ALLEN P. NEELY, ESQ ❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑Debt Collection:Credit Card El Board of Assessment ❑ Motor Vehicle ❑Debt Collection:Other ❑ Board of Elections Nuisance ❑ Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal:Other ❑ Product Liability(does not include Emass tort) ❑Employment Dispute: ❑ Slander/Libel/Defamation Discrimination C ❑ Other: ®Employment Dispute:Other ❑ Zoning Board T: ® Other: I ❑Other: o MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: ❑Ejectment ❑Common Law/Statutory Arbitration Bi ❑Eminent Domain/Condemnation ❑Declaratory Judgment Ground Rent Mandamus — ❑Landlord/Tenant Dispute Non-Domestic Relations PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure:Residential Restraining Order ❑Mortgage Foreclosure:Commercial ❑Quo Warranto ❑ Dental ❑Partition ❑ Legal 171 Replevin ❑ Medical rl Other Title 11 Other: ❑ Other Professional: Updated 11112011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW BUSINESS AIRPORT OF CARLISLE, INC. ) No. Petitioner, V. Type of Case: CUMBERLAND COUNTY BOARD OF Tax Assessment Appeal ASSESSMENT APPEALS Respondent. Type of Pleading: Petition for Review of Decision of Board of Assessment Appeal Filed on Behalf of: BUSINESS AIRPORT OF CARLISLE, INC., Petitioner Counsel of Record for this Party: Allen P. Neely Attorney ID No. 65302 McQuaide Blasko, Inc. 811 University Drive State College, PA 16801-6699 Dated: March 2013 C� 0/0 = a00 |N THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -ATLAW BUSINESS AIRPORT OF CARLISLE,� INC. � Petitioner, � V. No. CUMBERLAND COUNTY BOARD [}F ' ASSESSMENT APPEALS ' Respondent. � PETITION FOR REVIEW OF DECISION OF BOARD OF ASSESSMENT APPEAL AND NOW, Petitioner, Business Airport of Carlisle, by and through its undersigned counsel, hereby petitions the court pursuant to 72 P.S. § 5020-518.1 and 72 P.S. § 5453.704 for review of the decision of the Cumberland County Board of Assessment Appeals regarding Petitioner's appeal of its real property assessment and, in support thereof, avers as follows: l. Petitioner, owner of the subject property, is Business Airport of Carlisle, Inc., a Pennsylvania Corporation, located at 228 Petersburg Road, Carlisle, PA 17013-3178, 2. The properties subject tothis appeal, collectively referred to as the "Business � Airport of Carlisle", are located in Cumberland County with the following parcel numbers and property locations: Parcel Property Location 40-09-0531-009 Petersburg Road 40-09-0531-009A Petersburg Road 40-09-0531-009B 228 Petersburg Rd 40-09-0531-027 210 Petersburg Rd. 40-23-0594-026 247 Petersburg Rd. 40-23-0594-079 Fairview Street 3. The subject properties are located in South Middleton Township, in the South Middleton School District. 4. On or about August 30, 2012, Petitioner filed an appeal of its annual real estate tax assessment to the Cumberland County Board of Assessment Appeals, seeking a reduction in the value of the subject properties, which were assessed as follows: Parcel AV 40-09-0531-009 $ 1,171,500 40-09-0531-009A $ 601,200 40-09-0531-0098 $ 1,882,300 40-09-0531-027 $ 183,900 40-23-0594-026 $ 25,000 40-23-0594-079 $ 407,400 Total: $ 4,271,300 5. A hearing before the Cumberland County Board of Assessment Appeals took place on February 28, 2013. 6. The Cumberland County Board of Assessment Appeals issued Decision Notices with a mailing date of March 1, 2013. —2— WHEREFORE, Petitioner respectfully requests that the court set this matter for hearing de novo pursuant to 72 P.S. § 5020-518.1 and 72 Pa. C.S. § 5453.704 and that the assessment and decision of the Board of Assessment Appeals be set aside in favor of an assessment established by this court, setting the fair market value and the assessed value of Petitioner's property based on competent evidence presented at such hearing. Respectfully submitted, McQUAIDE BLASKO By: 4eAn P. Neely I.D. No. 65302 811 University Drive State College, PA 16801 (814) 238-4926 Dated: March 2013 Attorney for Petitioner � , —4— VERIFILE1JQN The undersigned verifies that he is authorized to make this Verification on behalf of E)tzsiness Airport of Carlisle, and that the statements made in the foregoing Petition are true and correct to the best of his knovviedge, in`rorniation, and belief. The undersigned understands that false statements herein are subje*bI t t th ' S P CIS. 691490 related to unsworn falsification:to authorit Gated; J Secretary{, Cumberland County Assessment Office Cumberland County Board of Assessment A One Courthouse Square Room 107 Ppeals George A. DeMartyn Carlisle, PA 17013 Kristin Lehman (717) 240-6350 Lloyd W. Bucher Hours : 8:00am to 4:30pm Bonnie M. Mahoney, Chief assessor BUSINESS AIRPORT OF CARLISLE ALLEN P. NEELY, ESQ Parcel Identifier: MCQUAIDE BLASKO LAW OFFICE 40-09-0531-009. 811 UNIVERSITY DRIVE MAILING DATE: MARCH 1, 2013 STATE COLLEGE PA 16801-6699 APPEAL DEADLINE: MARCH 31, 2013 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 EFFECTIVE: 01/01/2013 for County/Munic OLD NEW 07/01/2013 for School ASSESSMENT 1,171,500 703,000 TAX STATUS Taxable Taxable C&G STATUS PROPERTY DESCRIPTION Munic. : 40 - SOUTH MIDDLETON TWP School: 8 - SOUTH MIDDLETON SD MARKET-BASED ASSESSMENT Control Number: 40000349 OLD Password for free Web Access: CUXBNHZK Land NEW W (My Property at Courthouseoniine.:_omioa-cu-ac) _, 171, 500 703, 000 Improvements 0 0 TOTAL 1,171,500 703,000 1000 of Market Value at 2010 Base Year Rates. Property Location: PETERSBURG ROAD CLEAN AND GREEN (C&G) ASSESSMENT TRS 1 & 2 LOT 1 PB 54 PG 79 Unit/Lot ID: L-0001 Land OLD N/A NEW N/A Land Size: 23.43 acres Improvements N/A N/A TOTAL N/A N/A Property Type: CL Land value based on rates provided by the State. Commercial - Vacant Land ABATEMENT CREDIT - NET CHANGE Cumberland County Commissioners 416 i COUNTY/MUNIC Barbara Cross Land j -468, 500 SCHOOL Jim Hertzle_r Improvements ; N/A Gary Eichelber er TOTAL -468, 500 N/A I g 0 N/A rsax Collector/Taxing Bodies will be notified. cc: BUSINESS AIRPORT OF CARLISLE (n;;rc—a11I.j CC: Cumberland County Assessment Office Cumberland Count y T Board of Assessment A One Courthouse Square Room 107 Ass ppeals George A. DeMartyn Carlisle, PA 17013 Kristin Lehman (717) 240-6350 Lloyd W. Bucher Hours: 9 :00am to 4:30pm Bonnie M. Mahoney, Chief Assessor BUSINESS AIRPORT OF CARLISLE ALLEN P . NEELY, ESQ Parcel Identifier: MCQUAIDE BLASKO LAW OFFICE 40-09-0531-009A 811 UNIVERSITY DRIVE MAILING DATE: MARCH 1, 2013 STATE COLLEGE PA 16801-6699 APPEAL DEADLINE: MARCH 31, 2013 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 EFFECTIVE: 01/01/2013 for County/Munic OLD NEW 07/01/2013 for School ASSESSMENT 601,200 601,200 TAX STATUS Taxable Taxable 'C&G STATUS PROPERTY DESCRIPTION FMunic. : 40 - SOUTH MIDDLETON TWP School: 8 - SOUTH MIDDLETON SD MARKET-BASED ASSESSMENT Control Number: 40000350 OLD Password for free Web Access: CUTBYNJV Land 0 1, (My Property at Courtnouseoniine.c:r. 601, 200 601, 200 "-_� Improvements) 0 0 :TOTAL 601,200 601,200 000 of Market Value at 2010 Base Year Rates. i Property Location: PETERSBURG ROAD r- CLEAN AND GREEN (C&G) ASSESSMENT LAND APPROX 20 ACRES Land OLD NJW Land Size: 20.04 acres N/A N/A Improvements) N/A N/A TOTAL N/A N/A Property Type: CL Land value based on rates provided by the State. Commercial - Vacant Land CHANGE OF TAX BASIS - NET CHANGE Cumberland County Commissioners COUNTY/MUNIC Barbara Cross Land 0 SCHOOL Jim Hertzler Improvements 0 j Gary Eichelberger TOTAL 0 O Effects Future Billing Cycles Only cc. BUSINESS AIRPORT_ OF CARLISLE f,notc_ailLI CC: Cumberland County Assessment Office Cumberland County Board of Assessment A One Courthouse Square Room 107 G Appeals George A. DeMartyn Carlisle, PA 17013 Kristin Lehman (717) 240-6350 Lloyd W. Bucher Hours: 8 :00am to 4:30pm Bonnie M. Mahoney, Chief Assessor BUSINESS AIRPORT OF CARLISLE Parcel Identifier: ALLEN P. NEELY, ESQ 40-09-0531-009B MCQUAIDE BLASKO LAW OFFICE 811 UNIVERSITY DRIVE MAILING DATE: MARCH 1, 2013 STATE COLLEGE PA 16801-6699 APPEAL DEADLINE: MARCH 31, 2013 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 b fili appropriate paperwork with the Prothonotary's office y ng the court . in accordance with local rules of FUTURE TAX BILLING BASIS EFFECTIVE: 01/01/2013 for County/Munic OLD 07/01/2013 for School ASSESSMENT 1,882,300 1, 679,500 TAX STATUS Taxable Taxable PROPERTY DESCRIPTION C&G STATUS Munic. : 40 - SOUTH MIDDLETON TWP School: 8 - SOUTH MIDDLETON SD MARKET-BASED ASSESSMENT Control Number: 40000351 OLD Password for free Web Access: CURJBVAK Land 1,658, 800 NEW (My Property 1,517,200 P°rty at Courthca_Cn1:,:= om/pa-cu-ao) Improvements ) 223, 500 162,300 TOTAL I 1, 882,300 1, 679,500 100 of Market Value at 2010 Base Year Rates. Property Location: 228 PETERSBURG ROAD r- CLEAN AND GREEN (C&G) ASSESSMENT LOT 31 PB 56 PG 59 Unit/Lot ID: L-0031 Land OLD N/A NEW Land Size: 55. 17 acres N/A Improvements N/A N/A TOTAL N/A N/A Prop ert Y Type: C5 Land value based on rates provided by the State. Commercial - General (Grp 5) ABATEMENT CREDIT - NET CHANGE Cumberland County Comm_ssioners #18 ' COUNTY/MUNIC SCHOOL Barbara Cross Land j -141, 600 N/A Jim Hertz.ler Improvements ) -61, 200 Gary Eichelberger TOTAL N/A -202, 800 N/A ; Tax Collector/Taxing Bodies will be notified. cc: BUSINESS AIRPORT OF CARLISLE inotc_a11L1 CC: DECEIVED MAR 0 3 2013 Cumberland County Assessment Office Cumberland County Board of Assessment Appeals One Courthouse Square Room 107 George A. DeMartyn Carlisle, PA 17013 Kristin Lehman (717) 240-6350 Lloyd W. Bucher Hours: 8 :00am to 4:30pm Bonnie M. Mahoney, Chief Assessor BUSINESS AIRPORT OF CARLISLE Parcel Identifier: ALLEN P. NEELY, ESQ 40-09-0531-027. MCQUAIDE BLASKO LAW OFFICE 811 UNIVERSITY DRIVE MAILING DATE: MARCH 1, 2013 STATE COLLEGE PA 16801-6699 APPEAL DEADLINE: MARCH 31, 2013 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 Prethonctary's office in accordance with local rules of court. FUTURE TAX BILLING BASIS EFFECTIVE: 01/01/2013 for County/Munic 07/01/2013 for School OLD NEW fASSESSNENT 183, 900 183, 900 STATUS Taxable Taxable PROPERTY DESCRIPTION STATUS Munic. : 40 - SOUTH MIDDLETON TWP School: 8 - SOUTH MIDDLETON SD MARKET-BASED ASSESSMENT Control Number: 40000507 Password for free Web Access: CUGXEZYH OLD NEW (My Property t Courthouseonli.r.e.cem/ca-cu-aa) Land 157,500 157, 500 r Improvements 26, 400 26, 400 TOTAL 183, 900 183, 900 1000 of Market Value at 2010 Base Year Rates. 210pPETERSBURG1ROAD CLEAN AND GREEN (C&G) ASSESSnN LOT 1B PB 62 PG 92 Unit/Lot ID: L-0001B OLD Land Size: 1 .75 acres Land N/A _mprovements N/A TOTAL N/A Property Type: C2 and value based on rates provided b Commercial - General (Grp 2) CHANGE OF TAX BASIS - NET CHANGE Cumberland County Commissioners COUNTY/MUNIC Barbara Cross SCHOOL Jim Hertzler Land 0 0 Gary Eichelberger Improvementsi 0 0 TOTAL 0 0 Effects Future Billing Cycles Only cc: BUSINESS AIRPORT OF CARLISLE [notc._a11L? CC: MA 2013 Cumberland County Assessment Office Cumberland County Board of Assessment Appeals One Courthouse Square Room 107 George A. DeMartyn Carlisle, PA 17013 Kristin Lehman (717) 240-6350 Lloyd W. Bucher Hours : 8 :00am to 4:30pm Bonnie M. Mahoney, Chief Assessor BUSINESS AIRPORT Parcel Identifier: ALLEN P. NEELY, ESQ 40-23-0594-026. MCQUAIDE BLASKO LAW OFFICES 811 UNIVERSITY DRIVE MAILING DATE: MARCH 1, 2013 STATE COLLEGE PA 16801-6699 APPEAL DEADLINE: MARCH 31, 2013 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 I EFFECTIVE: 01/01/2013 for County/Munic OLD 07/01/2013 for School ASSESSMENT NEW 25,000 25,000 TAX STATUS Taxable Taxable IC&G STATUS I PROPERTY DESCRIPTION Munic. : 40 - SOUTH MIDDLETON TWP School: 8 - SOUTH MIDDLETON SD MARKET-BASED ASSESSMENT Control Number: 40002889 1 Password for free Web Access: CUVUXOYK Land OLD NEW (MY Property at courthouseOnline.cor,/pa-cu-ao) 19, 600 19,600 Improvementsl 5 400 5, 400 TOTAL 25,000 25,000 100% of Market Value at 2010 Base Year Rates. 247p PETERSBURG 1ROAD CLEAN AND GREEN (C&G) ASSESSMENT I LAND LESS THAN 1 ACRE OLD NEW Land Size: .50 acres LLand N/A N/A rovements N/A N/A P.L N/A N/A Property Type: RO LL and value based on rates provided by the State. Residential - Out-Buildings I CHANGE OF TAX BASIS - NET CHANGE F_ I Cumberland County Commissioners COUNTY/MUNIC Barbara Cross Land SCHOOL Jim Hertzler 0 0 Gary Eichelberger Improvements 0 0 TOTAL 0 0 ( Effects Future Billing Cycles Only �cc: BUSINESS AIRPORT _ L CC: Cumberland County Assessment Office Cumberland County Board of Assessment Appeals One Courthouse Square Room 107 George A. DeMartvn Carlisle, PA 17013 Kristin Lehman (717) 240-6350 Lloyd W. Bucher Hours : 8:00am to 4:30pm Bonnie M. Mahoney, Chief Assessor BUSINESS AIRPORT OF CARLISLE Parcel Identifier: ALLEN P . NEELY, ESQ 40-23-0594-079. MCQUAIDE BLASKO LAW OFFICES 811 UNIVERSITY DRIVE MAILING DATE: MARCH 1, 2013 STATE COLLEGE PA 16801-6699 APPEAL DEADLINE: MARCH 31, 2013 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 EFFECTIVE: 01/01/2013 for County/Munic OLD 07/01/2013 for School ASSESSMENT 407,400 407,400 TAX STATUS Taxable Taxable PROPERTY DESCRIPTION C&G STATUS Munic : 40 - SOUTH MIDDLETON TWP School : 8 - SOUTH MIDDLETON SD MARKET-BASED ASSESSMENT Control Number: 40002955 Password for free Web Access: CUKPSFYY OLD N E W (My Property at Courthouseoniine.ccmoa-cu-ao) Land 407, 400 407, 400 Improvements 0 0 TOTAL 407,400 407,400 Property 100% of Market Value at 2010 Base Year Rates. FAIRVIEW STREETon: CLEAN AND GREEN (C&G) ASSESSMENT LOT MOUNT LOT 1 PB 56 PG 59 OLD Unit/Lot ID: L-0001 Land NEW Land Size: 13.58 acres N/A N/A Improvements N/A N/A TOTAL N/A N/A Property T p Y YPe= CL Land value based on rates provided by the State. Commercial - Vacant Land CHANGE OF TAX BASIS - NET CHANGE Cumberland County Commissioners COUNTY/MUNIC Barbara Cross tLand 0 SCHOOL Jim Hertzler povementsi 0 I Gary Eichelberger 0 0 TOTAL 0 0 Effects Future Billing Cycles Only - cc: BUSINESS AIRPORT OF CARLISLE r.otc_a1 t L'.. CC: IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -AT LAW BUSINESS AIRPORT OF CARLISLE, INC. Petitioner, No. V. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS Respondent. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Petitioner's Petition for Review of Decision of Board of Assessment Appeals in the above-captioned matter was served by U.S. Mail, postage prepaid and/or Certified Mail, on this d*day of March 2013, to the attorneys/parties of record as follows: Bonnie Mahoney, Chief Assessor Edward L. Schorpp, County Solicitor Old Courthouse 26 W High Street One Courthouse Square Carlisle, PA 17013 Carlisle, PA 17013 [VIA CERTIFIED MAIL] (Solicitor for Cumberland County) McQUAIDE BLASKO Allen P. Neely I.D. No. 65302 811 University Drive State College, PA 16801 (814) 238-4926 Attorney for Petitioner BUSINESS AIRPORT OF CARLISLE, INC., *St IL&A of Petitioner (000' V. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY BOARD OF 2013-01679 CIVIL TERM ASSESSMENT APPEALS, Respondent ASSESSMENT APPEAL IN RE: PETITION FOR REVIEW OF DECISION OF BOARD OF ASSESSMENT APPEAL ORDER OF COURT AND NOW, this 24th day of April 2013, upon consideration of the Petition for Review of Decision of Board of Assessment Appeal, a de novo HEARING is scheduled for 5 June 2013, at 9:30 a.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania. PETITIONER shall serve the notice of the appeal, Petition for Review, and this Order of Court upon all interested parties. BY THE COURT Thomas A. Placey C.P.J. Distribution: v> _ r Allen P. Neely, Esq. C= -`' Bonnie Mahoney zr= za -Cumberland CA al County Solicitor's Offices �. x ems« rradc L -.r' + a John G.French,Esquire Supreme Court I.D.No.90788 Attorney for Cumberland County Board of Assessment Appeals 1304 Oak Lane Tel: 717-856-0845 New Cumberland Pennsylvania 17070 BUSINESS AIRPORT OF CARLISLE, : IN THE COURT OF COMMON PLEAS INC., : OF CUMBERLAND COUNTY, Petitioner : PENNSYLVANIA V. CIVIL ACTION - LAW CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS CIVIL NO. 13-01679 Respondent Parcel No. 40 - 09- 0531 -009, 40 - 09 - 0531 - 009A, e FP{ 40 -09 -0531 -009B, 40 - 09 - 0531 -027, 40 - 23 - 0594 -026, co- 40 - 23 -0594 -079 _ MOTION FOR CONTINUANCE 4 AND NOW, comes the Respondent/Appellee, Cumberland County Board of Assessment Appeals, and files this Motion for Continuance of which the following is a statement: 1. Movant is the Cumberland County Board of Assessment Appeals, Respondent/Appellee in the above-captioned matter. 2. On March 28, 2013 Petitioner filed a Petition for Allowance of Appeal from the Decision of the Cumberland County Board of Assessment Appeals. Motion for Continuance 1 3. On April 24, 2013 the Court, by the Honorable Thomas A. Placey, entered an Order scheduling a hearing for Thursday, June 5, 2013. 4. Movant, Cumberland County Board of Assessment Appeals, desires to coordinate with the taxing bodies for the retention of an expert appraiser to provide an appraisal report and expert testimony for the hearing, but is unable to have this accomplished by the hearing date of June 5, 2013. 5. Movant, Cumberland County Board of Assessment Appeals, has recently engaged a new solicitor who is unfamiliar with this case and will not be prepared to try this case by the hearing date. 6. Movant, Cumberland County Board of Assessment Appeals, requested that the Petitioner/Appellant, Business Airport of Carlisle, Inc., concur in this request for a continuance, and the Petitioner/Appellant has elected to concur in that request. 7. The parties are significantly far apart in their valuation of the property. In addition to assisting the Movant and the taxing bodies in preparing for trial, the preparation of an appraisal by an outside expert may assist the parties in settlement negotiations. Motion for Continuance 2 8. In order to properly prepare an appraisal for the hearing, and in order to allow the new solicitor for the Board to properly prepare for and attend the hearing, it is respectfully requested that this Court grant a general continuance to allow the parties to develop their evidence for the hearing, and attempt to settle the case. WHEREFORE, Movant, Cumberland County Board of Assessment Appeals, prays Your Honorable Court for an Order cancelling the hearing presently scheduled for June 6, 2013, and grant a general continuance in the above captioned case. Dated: May 31, 2013 Respectfully submitted, B Y c°►-� John q. French, Esquire Solicitor for Cumberland County Board of Assessment Appeals 1304 Oak Lane New Cumberland, PA 17070 (717) 856-0845 Supreme Court I.D.#90788 Motion for Continuance 3 BUSINESS AIRPORT OF CARLISLE, : IN THE COURT OF COMMON PLEAS INC., : OF CUMBERLAND COUNTY, Petitioner : PENNSYLVANIA V. CIVIL ACTION-LAW CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS CIVIL NO. 13-01679 Respondent Parcel No. 40-09-0531 -009, 40-09-0531 - 009A, 40- 09-0531 - 0098, 40-09-0531 -027, 40- 23- 0594-026, 40- 23- 0594- 079 CERTIFICATE OF SERVICE I hereby certify that on May 31, 2013, a true and correct copy of the foregoing Respondent's Motion for Continuance was served by means of United States Mail, postage prepaid and/or Certified-Mail, to the attorneys/parties of record as follows: Allen P. Neely, Esquire Attomey for Petitioner 811 University Drive State College, PA 16801 Dated: 3 Respectfully submitted, By John French, Esquire BUSINESS AIRPORT OF CARLISLE, : IN THE COURT OF COMMON PLEAS INC., : OF CUMBERLAND COUNTY, Petitioner : PENNSYLVANIA V. . CIVIL ACTION - LAW CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS CIVIL NO. 13-01679 Respondent `+ C= Parcel No. 40-09- 0531-009, ;' r 40-09-0531- 009A, -� � } 4 40- 09-0531- 0096, 40-09-0531-027, 40-23- 0594- 026, r 40- 23-0594- 079 - -- ORDER OF COURT AND NOW, this ap-wu Ivfaq, 2013, upon consideration of the Motion for Continuance filed by the Respondent, Cumberland County Board of Assessment Appeals, the hearing in the above-captioned matter scheduled for June 5, 2013 is CANCELLED and the matter is continued generally, at the call of any party. e ou , Thomas A. Placey, J. Allen P. Neely, Esquire, for Petitioner/Appellant John G. French, Esquire, for Cumberland County Board of Assessment Appeals CDpievqi W �3 John G.French,Esquire Supreme Court I.D.No.90788 Attorney for Cumberland County Board of Assessment Appeals 1304 Oak Lane Tel: 717-856-0845 New Cumberland Pennsylvania 17070 BUSINESS AIRPORT OF CARLISLE, IN THE COURT OF COMMON PLEAS INC., OF CUMBERLAND COUNTY, Petitioner PENNSYLVANIA V. CIVIL ACTION - LAW CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS CIVIL NO. 13-01679 Respondent • C= C-;.' Parcel No. 40 -09- 0531 - 009, ° 40 09 -0531 - 009A, MM C_ M 40 - 09 -0531 - 009B, = - , 40 - 09 - 0531 -027, c , c) 40 - 23 -0594 -026, 40 - 23 - 0594 079 _ MOTION FOR CONTINUANCE AND NOW, comes the Respondent/Appellee, Cumberland County Board of Assessment Appeals, and files this Motion for Continuance of which the following is a statement: 1. Movant is the Cumberland County Board of Assessment Appeals, Respondent/Appellee in the above-captioned matter. 2. On March 28, 2013 Petitioner filed a Petition for Allowance of Appeal from the Decision of the Cumberland County Board of Assessment Appeals. Motion for Continuance 1 3. On April 24, 2013 the Court, by the Honorable Thomas A. Placey, entered an Order scheduling a hearing for Thursday, June 5, 2013. 4. Movant, Cumberland County Board of Assessment Appeals, desires to coordinate with the taxing bodies for the retention of an expert appraiser to provide an appraisal report and expert testimony for the hearing, but is unable to have this accomplished by the hearing date of June 5, 2013. 5. Movant, Cumberland County Board of Assessment Appeals, has recently engaged a new solicitor who is unfamiliar with this case and will not be prepared to try this case by the hearing date. 6. Movant, Cumberland County Board of Assessment Appeals, requested that the Petitioner/Appellant, Business Airport of Carlisle, Inc., concur in this request for a continuance, and the Petitioner/Appellant has elected to concur in that request. 7. The parties are significantly far apart in their valuation of the property. In addition to assisting the Movant and the taxing bodies in preparing for trial, the preparation of an appraisal by an outside expert may assist the parties in settlement negotiations. Motion for Continuance 2 8. In order to properly prepare an appraisal for the hearing, and in order to allow the new solicitor for the Board to properly prepare for and attend the hearing, it is respectfully requested that this Court grant a general continuance to allow the parties to develop their evidence for the hearing, and attempt to settle the case. WHEREFORE, Movant, Cumberland County Board of Assessment Appeals, prays Your Honorable Court for an Order cancelling the hearing presently scheduled for June 6, 2013, and grant a general continuance in the above captioned case. Dated: May 31, 2013 Respectfully submitted, B Y John French, Esquire Solicitor for Cumberland County Board of Assessment Appeals 1304 Oak Lane New Cumberland, PA 17070 (717) 856-0845 Supreme Court I.D.#90788 Motion for Continuance 3 BUSINESS AIRPORT OF CARLISLE, : IN THE COURT OF COMMON PLEAS INC., : OF CUMBERLAND COUNTY, Petitioner : PENNSYLVANIA V. . CIVIL ACTION-LAW CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS CIVIL NO. 13-01679 Respondent Parcel No. 40- 09- 0531 - 009, 40-09- 0531 -009A, 40- 09- 0531 - 0096, 40-09-0531 -027, 40- 23- 0594- 026, 40-23- 0594-079 CERTIFICATE OF SERVICE I hereby certify that on May 31, 2013, a true and correct copy of the foregoing Respondent's Motion for Continuance was served by means of United States Mail, postage prepaid and/or Certified Mail, to the attorneys/parties of record as follows: Allen P. Neely, Esquire Attomey for Petitioner 811 University Drive State College, PA 16801 Dated: / t Respectfully submitted, Y John French, Esquire