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HomeMy WebLinkAbout13-6488 Supreme Co "'�* ennsylvania COui .C(p 1tuo leas For Prothonotary Use Only: G ,C`t �, �t •1j Tl, Docket No: �T Cumberlan- 1 County .J' The information collected on this form is used solely for court administration purposes. This fvrrn does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: . Complaint 13 Writ of Summons El Petition u.=.- ® Transfer from Another Jurisdiction 13 Declaration of Taking ' x ; Lead Plaintiff's Name: Lead Defendant's Name: C • lta HC Holdings Limited Partnership c/o Home Depot USA Cumberland County Board of Assessment A pp eals Dollar Amount Requested: within arbitration limits Are money damages requested? ©Yes M No (check one) outside arbitration limits yyip' Is this a Class Action Suit? M Yes 0 No Is this an MDJAppeal? [] Yes ® No Name of Plaintiff/Appellant's Attorney: John C. Hyon, Esq. Check here if you have no attorney(area Self-Represented [Pro Sej 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 El Buyer Plaintiff Administrative Agencies Q Malicious Prosecution © Debt Collection:Credit Card Board of Assessment Motor Vehicle © Debt Collection: Other Board of Elections Q Nuisance Dept.of Transportation 1 � � . Premises Liability R Statuto ry App eal: Other 1, 11 I Q Product Liability(does not include ©Employment Dispute: I mass tort) Discrimination Slander/Libel/Defamation Other: ©Employment Dispute:Other © Zoning Board r 0 Other: I © Other: MASS TORT ® Asbestos jv Tobacco Q Toxic Tort-DES _ Toxic Tort-Implant [3 Toxic Waste REAL PROPERTY MISCELLANEOUS Other: 0 Ejectment Q Common Law/Statutory Arbitration f r ,B ®Eminent Domain/Condemnation Declaratory Judgment © Ground Rent ® Mandamus © Landlord/Tenant Dispute Q Non-Domestic Relations ©Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ©Mortgage Foreclosure:Commercial ©Quo Warranto ® Dental El Partition ®Replevin Legal Q Quiet Title 13 Other: Q Medical C3 Other: M © Other Professional: Updated IIJ12011 1i r C 7 1t, John C.Hyon,Esq. iE P,;, ., Stavitsky&Associates LLC r4 i'i° 350 Passaic Ave 2i1i 3 NOV p1l 2 Fairfield,New Jersey 07004 I J t (973)227-1912 C()1 iTy ATTORNEY FOR APPELLANT PE)rgS YLVANIA HC HOLDINGS LIMITED PARTNERSHIP IN THE COURT OF COMMON PLEAS OF c/o HOME DEPOT USA, INC. CUMBERLAND COUNTY Appellant, V. CIVIL ACTION-LAW CUMBERLAND COUNTY BOARD OF NO. of ASSESSMENT APPEALS, HAMPDEN TOWNSHIP AND THE CUMBERLAND VALLEY SCHOOL DISTRICT, Appellee. PETITION FOR ALLOWANCE OF APPEAL AND NOW COMES,HC Holdings Limited Partnership c/o Home Depot USA Inc.,by and through its counsel,Stavitsky &Associates LLC,and files this Petition for Allowance of Appeal from the Cumberland County Board of Assessment Appeals,and in support thereof avers as follows: 1. HC Holdings Limited Partnership c/o Home Depot USA,Inc., ("Appellant") is a business with an address of 424 East 52 n Street, Suite 1B,New York,New York 10022. 2. The Subject Property is owned by Appellant HC Holdings Limited Partnership c/o Home Depot USA,Inc,and is located in Hampden Township and Cumberland Valley School District at 6000 Carlisle Pike Cumberland County, Pennsylvania,further identified as Tax Parcel No.: 10-20-1840-022A-U5 3. The Appellant filed an appeal to the Cumberland County Board of Assessment Appeals ("Board") contesting the Subject Property's assessment of$7,500,300. i 4. On October 1,2013,the Board conducted a hearing of the assessment appeal. 5. On October 24,2013,the Board issued a "no change" disposition keeping the assessment of the Subject Property unchanged at$7,500,300. A true and correct copy of the Notice is attached hereto as Exhibit"A" and incorporated herein by reference. 6. The Board's assessment determination of October 24,2013 is improper, unsatisfactory, and unlawful for the following reasons: a. The assessment of the Subject Property is based upon an erroneous determination of the fair market value; b. The assessment of the Subject Property lacks uniformity; c. The assessment of the Subject Property is discriminatory; d. The assessment of the Subject Property is substantially higher than assessments of comparable properties in the taxing district; e. The assessment of the Subject Property is arbitrary and capricious in relation to assessments of similarly situated property; and f. The assessment of the Subject Property is otherwise unjust and inequitable. WHEREFORE,it is respectfully requested that the Court fix a hearing on this Petition for Allowance of Appeal to re-determine the assessment on the Subject Property. Respectfully submitted, STAVITSKY &ASSOCIATES LLC By: /61-IN Y N,ESQUIRE 50 assaic enue Fai Jersey 07004 (973) 227-1912 Pennsylvania Bar#310683 t « �� _� �� ExHI$jT A 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 John G. French, Solicitor Hours: 8:00am to 4:30pm Bonnie M. Mahoney, Chief Assessor H C HOLDINGS LIMITED PTNSHP Parcel Identifier: C/O JOHN C HYON, ESQ 10-20-1840-022A—U5 STAVITSKY & ASSOCIATES LLC 350 PASSAIC AVENUE MAILING DATE: OCTOBER 24, 2013 FAIRFIELD NJ 07004 APPEAL DEADLINE: NOVEMBER 23, 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: 01/01/2014 for County/Munic 07/01/2014 for School OLD NEW ASSESSMENT 7,500,300 7,500,300 TAX STATUS Taxable Taxable PROPERTY DESCRIPTION C&G STATUS Munic. : 10 - HAMPDEN TOWNSHIP School: 4 - CUMBERLAND VALLEY SD MARKET-BASED ASSESSMENT Control Number: 10008990 Password for free Web Access: CUXVDMDJ OLD NEW (My Property at CourthouseOnline.com/pa-cu-ao) Land 0 0 Improvements 7, 500,300 7, 500,300 TOTAL 7,500,300 7,500,300 Property Location: 1000 of Market Value at 2010 Base Year Rates. 6000 CARLISLE PIKE HOME DEPOT HAMP.DEN COMMONS CLEAN AND GREEN (C&G) ASSESSMENT UNIT 5 PB 72 PG 50 Unit/Lot ID: 026A-CO1.-005. OLD NEW No Land, Improvements only Land N/A N/A Improvements N/A N/A TOTAL N/A N/A Property Type: CS Commercial - Store Land value based on, rates provided by the State. CHANGE OF TAX BASIS - NET CHANGE Cumberland County Commissioners Barbara Cross COUNTY/MUNIC SCHOOL Jim Hertzler Land _ 0 0 Gary Eichelberger Improvements 0 0 TOTAL 0 0 Effects Future Billing Cycles Only Q cc: H C HOLDINGS LIMITED PTNSHP (notc_a11L] CC: 0C�� •� 1 John C.Hyon,Esq. Stavitsky&Associates LLC 350 Passaic Ave Fairfield,New Jersey 07004 (973)227-1912 ATTORNEY FOR APPELLANT HC HOLDINGS LIMITED PARTNERSHIP IN THE COURT OF COMMON PLEAS OF c/o HOME DEPOT USA, INC. CUMBERLAND COUNTY Appellant, V. CIVIL ACTION-LAW CUMBERLAND COUNTY BOARD OF NO. , y�� ASSESSMENT APPEALS, HAMPDEN TOWNSHIP AND THE CUMBERLAND VALLEY SCHOOL DISTRICT, Appellee. CERTIFICATE OF SERVICE 1, John C. Hyon, Esq., hereby certify that on the-_day of , 2012, 1 served a copy of the Petition directed to the Respondents by First Class United States Mail, postage prepaid addressed to: Cumberland County Board of Assessment Solicitor, Cumberland County Appeals 1 Courthouse Square Old Courthouse, First Floor Carlisle, Pennsylvania 17013 One Courthouse Square Carlisle, Pennsylvania 17013 Hampden Township Solicitor Solicitor, 230 S. Sporting Hill Road Cumberland Valley School District Mechanicsburg, Pennsylvania 17050 6746 Carlisle Pike Mechanicsburg, Pennsylvania 17050 By: J hn C yon, Esq. 50 Passaic A e rfieId,New Jersey 07004 (97 -1912 Pennsylvania Bar#310683 John C. Hyon,Esq. �� " F fCL Stavitsky&Associates LLC }~ � � iE1 350 Passaic Ave ZOO NOV Fairfield,New Jersey 07004 PH 2: 1 (973)227-1912 CUMBERLAND COUNTY ATTORNEY FOR APPELLANT PENNSYLVANIA HC HOLDINGS LIMITED PARTNERSHIP IN THE COURT OF COMMON PLEAS OF c/o HOME DEPOT USA, INC. CUMBERLAND COUNTY Appellant, V. CIVIL ACTION-LAW CUMBERLAND COUNTY BOARD OF NO. ASSESSMENT APPEALS, HAMPDEN TOWNSHIP AND THE CUMBERLAND VALLEY SCHOOL DISTRICT, Appellee. PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY/CLERK OF SAID COURT: Enter my appearance on behalf of HC Holdings Limited Partnership c/o Home Depot USA Inc. Papers may be served at the address set forth below: John C. Hyon, Esq. Attorney for Party Named Above Supreme Court ID No.: 310683 Firm: Stavitsky & Associates LLC Address: 350 Passaic Ave, Fairfield, New Jersey 07004 Telephone No.: 973-227-1912 Facsimile: 973-227-1925 Date: (t '4 1�� Signatur(?John . Hyon, Esq. a�. JOHN C. HYON,ESQ. Stavitsky&Associates LLC 350 Passaic Ave Fairfield,New Jersey 07004 (973)227-1912 ATTORNEY FOR APPELLANT HC HOLDINGS LIMITED PARTNERSHIP IN THE COURT OF COMMON PLEAS OF c/o HOME DEPOT USA, INC. CUMBERLAND COUNTY Appellant, v. CIVIL ACTION-LAW CUMBERLAND COUNTY BOARD OF NO. 13 -t-1 L! / RP ASSESSMENT APPEALS, HAMPDEN TOWNSHIP AND THE CUMBERLAND VALLEY SCHOOL DISTRICT, Appellee. ORDER AND NOW, this day of / ArtY,'2013, upon consideration of the foregoing petition, it is hereby order that a Pre-Trial Status conference will be held on 3i11(40411- , !p , 201Yat/ObOa.m./per,• in Courtroom of the Currkerland County Courthouse. BY THE COURT: Honorable cr1.£s -t R44y JOL yo0 f� e°' 641/14-14 arVESSWISOi iWejkr rn 1.4.C4'Ices 64,1142 1t, — cp Q11161444;47 8'"Arb t&f Pc-twAoThirbutd- C- •:- 31C C) /0 a//,3 z: liLED-OFFiCL John C.Hyon,Esq. ,,,- ftiE PROTUONOTAR 1' Stavitsky&Associates LLC 350 Passaic Ave 7013 DEC 16 PM 2' 37 Fairfield,New Jersey 07004 (973)227-1912 CUMBERLAND COUNTY ATTORNEY FOR APPELLANT PENNSYLVANIA HC HOLDINGS LIMITED PARTNERSHIP IN THE COURT OF COMMON PLEAS OF c/o HOME DEPOT USA, INC. CUMBERLAND COUNTY Appellant, v. CIVIL ACTION-LAW CUMBERLAND COUNTY BOARD OF NO. 2013-6488 ASSESSMENT APPEALS, HAMPDEN TOWNSHIP AND THE CUMBERLAND VALLEY SCHOOL DISTRICT, Appellee. CERTIFICATE OF SERVICE I, John C. Hyon, Esq., hereby certify that on the 10th day of December, 2013, I served a copy of the Petition directed to the Respondents by First Class United States Mail, postage prepaid addressed to: Cumberland County Board of Assessment Solicitor, Cumberland County Appeals 1 Courthouse Square Old Courthouse, First Floor Carlisle, Pennsylvania 17013 One Courthouse Square Carlisle, Pennsylvania 17013 Hampden Township Solicitor Solicitor, 230 S. Sporting Hill Road Cumberland Valley School District Mechanicsburg, Pennsylvania 17050 6746 Carlisle Pike Mechanicsburg, Pennsylvania 17050 By: Alla ohn Hyon Esq. 50 Passaic A e Fai f •, ew Jersey 07004 (973) 227-1912 Pennsylvania Bar#310683 HC HOLDINGS LIMITED PARTNERSHIP : IN THE COURT OF COMMON PLEAS OF C/O HOME DEPOT USA, INC. : CUMBERLAND COUNTY, PENNSYLVANIA V. • CUMBERLAND COUNTY BOARD OF • ASSESSMENT APPEALS, HAMPDEN • TOWNSHIP AND THE CUMBERLAND • VALLEY SCHOOL DISTRICT : NO. 13-6488 CIVIL ORDER OF COURT AND NOW, this 6th day of January, 2014, upon consideration of HC Holdings Limited Partnership do Home Depot USA, Inc.'s Petition for Allowance of Appeal and after status conference in the above captioned matter; IT IS HEREBY ORDERED AND DIRECTED that Hampden Township and Cumberland Valley School District shall have attorneys file appearances in this matter on their behalf on or before January 27, 2014. By the Court, "N\ M. L. Ebert, Jr., John C. Hyon, Esquire Attorney for HC Holdings Limited Partnership do Home Depot USA, Inc. ✓ John French, Esquire Crumb. Co. Board of Assessment Appeals ✓Hampden Township Solicitor 230 S. Sporting Hill Road Mechanicsburg, PA 17050 ✓ Cumberland Valley School District Solicitor crl ern 6746 Carlisle Pike mow, Mechanicsburg, PA 17050 bas >c 4. C4nopips r241.1«., //,//y E NSYL VA ti Keith 0. Brenneman, Esquire Supreme Court ID No. 47077 Snelbaker& Brenneman, P. C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Hampden Township HC HOLDINGS LIMITED : IN THE COURT OF COMMON PLEAS OF PARTNERSHIP C/O HOME DEPOT : CUMBERLAND COUNTY,PENNSYLVANIA USA, INC. V. CUMBERLAND COUNTY BOARD OF : NO. 13-6488 CIVIL ASSESSMENT APPEALS, HAMPDEN : TOWNSHIP AND THE CUMBERLAND : VALLEY SCHOOL DISTRICT PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Keith 0. Brenneman, Esquire of Snelbaker& Brenneman, P. C. as attorneys for Hampden Township in the above matter. Snelbaker&Brenneman, P. C. By: Keith 0. Brenneman, Esquire Solicitor for Hampden Township LAW OFFICES SNELBAKER& Date: January 8, 2014 BRENNEMAN, P.C. _'4 CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Praecipe For Entry of Appearance to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: John C. Hyon, Esquire 350 Passaic Avenue Fairfield, NJ 07004 John French, Esquire Cumberland County Board of Assessment Appeals 1304 Oak Lane New Cumberland, PA 17070 Mark C. Duffie, Esquire Johnson, Duffie, Stewart& Weidner P. O. Box 109 Lemoyne, PA 17043-0109 SNELBAKER& BRENNEMAN, P.C. By: t' Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Solicitor for Hampden Township Date: January 8, 2014 LAW OFFICES SNELBAKER 8c BRENNEMAN, P.C. . 7 Johnson, Duffie, Stewart & Weidner Attorneys for Appellant By: Mark C. Duffie Cumberland Valley School District I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd @jdsw.corn HC HOLDINGS LIMITED : IN THE COURT OF COMMON PLEAS OF PARTNERSHIP C/O HOME DEPOT : CUMBERLAND COUNTY, USA, INC. • PENNSYLVANIA • v. • NO. 13-6488 CIVIL 2 • CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, HAMPDEN : .„r„ — w TOWNSHIP AND THE CUMBERLAND : VALLEY SCHOOL DISTRICT vc-> =O L`) PRAECIPE FOR ENTRY APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Mark C. Duffie, Esquire of Johnson, Duffie, Stewart & Weidner as attorneys for Cumberland Valley School District in the above- captioned matter. JOHNSON, DUFFIE, STEWART & WEIDNER By – Mark C. Duffie Dated: January 10, 2014 :600396 CERTIFICATE OF SERVICE I, MARK C. DUFFIE, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Praecipe for Entry of Appearance to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: John C. Hyon, Esquire 350 Passaic Avenue Fairfield, NJ 07004 John G. French, Esquire Cumberland County Board of Assessment Appeals 1304 Oak Lane New Cumberland, PA 17070 Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 W. Main Street Mechanicsburg, PA 17055 e 1 10 Mark C. Duffie Dated: January 10, 2014 Andrew W. Hood, Esq. Stavitsky & Associates LLC 350 Passaic Avenue Fairfield, New Jersey 07004 (973) 227-1912 ATTORNEY FOR APPELLANT I_ r(OltiuNO 2014 SEP I 7 PM 20 CUMBERLAND CGUNTY PENNSYLVANIA HC HOLDINGS LIMITED PARTNERSHIP c/o HOME DEPOT USA, INC., Appellant, v. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, HAMPDEN TOWNSHIP and THE CUMBERLAND VALLEY SCHOOL DISTRICT, Appellee. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW NO. 13-6488 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY/CLERK OF SAID COURT: Enter my appearance on behalf of HC Holdings Limited Partnership c/o Home Depot USA, Inc. Papers may be served at the address set forth below: Date: Andrew W. Hood, Esq. Attorney for Party Named Above Supreme Court ID No.:34640 Firm: Stavitsky & Associates LLC Address: 350 Passaic Ave, Fairfield, New Jersey 07004 Telephone No.: 973-227-1912 Facsimile- 27-1925 Signature. Andrew W. Hood, Esq. Andrew W. Hood, Esq. Stavitsky & Associates LLC 350 Passaic Ave Fairfield, New Jersey 07004 (973) 227-1912 ATTORNEY FOR APPELLANT HC HOLDINGS LIMITED PARTNERSHIP c/o HOME DEPOT USA, INC., Appellant, v. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, HAMPDEN TOWNSHIP and THE CUMBERLAND VALLEY SCHOOL DISTRICT, Appellee. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW NO. 13-6488 CERTIFICATE OF SERVICE I, A. Hood, Esq., hereby certify that on the \t- day of , 2014, I served a copy of the Entry of Appearance directed to the Respondents by First Class United States Mail, postage prepaid addressed to: Cumberland County Board of Assessment Appeals Old Courthouse, First Floor One Courthouse Square Carlisle, PA 17013 Hampden Township Solicitor 230 S Sporting Hill Rd Mechanicsburg, PA 17050 By: Solicitor, Cumberland County 1 Courthouse Square Carlisle, PA 17013 Solicitor Cumberland Valley School District 6746 Carlisle Pike Mechanicsburg, PA 17050 A 1 W W. HOOD, ESQUIRE 350 Passaic Ave Fairfield, New Jersey 07004 (973) 227-1912 Supreme Court ID No.: 34640