Loading...
HomeMy WebLinkAbout13-6602 Supreme Co ' _ ,ennsylvania Con COQ' ilY)�O ;leas For Prothonotary Use Only: C 11 x y o t Docket No: Cumb� d County 13-G�d� w,;4 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 by law or rules of court. Commencement of Action: O Complaint O Writ of Summons El Petition S i Transfer from Another Jurisdiction O Declaration of Taking E ' C Lead Plaintiff s Name: Lead Defendant's Name: Michael A. Serluco Cumberland County Board of Assessment Appeals T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? O Yes El No (check one) O outside arbitration limits N Is this a Class Action Suit? ®Yes El No Is this an MDJAppeal? © Yes El No A Name of Plaintiff/Appellant's Attorney: Mark C. Duffle, Esquire El Check here if you have no attorney(are a Self-Represented Pro Sep 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 O Intentional O Buyer Plaintiff Administrative Agencies O Malicious Prosecution O Debt Collection:Credit Card IJ Board of Assessment O Motor Vehicle O Debt Collection:Other O Board of Elections O Nuisance Dept.of Transportation O Premises Liability Statutory Appeal:Other S O Product Liability(does not include O Employment Dispute: E mass tort) O Slander/Libel/Defamation Discrimination C O Other: O Employment Dispute:Other [3 Zoning Board T O Other: I O Other: O MASS TORT Asbestos N ❑ Tobacco ® Toxic Tort-DES O Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS O Toxic Waste Other: O Ejectment O Common Law/Statutory Arbitration B ® Eminent Domain/Condemnation O Declaratory Judgment O Ground Rent ® Mandamus O Landlord/Tenant Dispute O Non-Domestic Relations O Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY u Mortgage Foreclosure:Commercial Quo Warranto O Dental O Partition O Replevin O Legal O Quiet Title O Other: O Medical O Other: O Other Professional: Updated 1/1/2011 Johnson, Duffie, Stewart& Weidner to By: Mark C. Duffle I.D. No. 75906 Attorneys for Petitioners r' t C) 301 Market Street --4 C_1 P. O.Box 109 {. Lemoyne,Pennsylvania 17043-0109 _0 (717)761-4540 CJ1 �.r MICHAEL A. SERLUCO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner .I NO. V. CIVIL ACTION -LAW CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Respondent PETITION FOR REVIEW OF DECISION OF THE BOARD OF ASSESSMENT APPEALS AND NOW, Petitioner, Michael A. Serluco, by and through his undersigned counsel, hereby petitions the Court pursuant to 72 P.S. §5020-518.1 and 72 Pa.C.S, §5453.704 for review of the decision of the Cumberland County Board of Assessment Appeals regarding the Petitioner's appeal of its real property assessment, and in support thereof avers as follows: 1. Petitioner, owner of the subject property, is Michael A. Serluco, an adult individual, with a mailing address of 400 North Front Street, Wormleysburg, Pennsylvania 17043. 2. The property subject to this appeal is located in Lower Allen Township, Cumberland County, Pennsylvania. It is municipally known and numbered as 3521 Hartzdale Drive, Camp Hill, Pennsylvania 17011. It is further identified as Tax Parcel No. 13-24-0801-005. 3. On or about August 28, 2013, Petitioner filed an appeal of its annual real estate tax assessment to the Cumberland County Board of Assessment Appeals, seeking a reduction in the assessed value of the property which was $915,000.00. f 10 3.7s per i 4. A hearing before the Cumberland County Board of Assessment Appeals took place on October 8, 2013. 5. The Cumberland County Board of Assessment Appeals issued a Decision Notice, with a mailing date of October 9, 2013, resulting in an increase of the assessed value to $943,400.00. The application of the common level ratio factor of .97 resulting in an implied market value of the property is $915,098.00. A true and correct copy of the Board's Decision is attached hereto and incorporated herein as Exhibit A. 6. The Petition appealed the annual assessment, pursuant to the General County Assessment Law. 7. The assessment herein appealed is incorrect in that it improperly overstates the market value of the property to a significant, substantial and prejudicial extent. 8. Petitioner satisfied the procedural prerequisites to filing the instant appeal by appealing to, and appearing before the Cumberland County Board of Assessment Appeals and by timely appealing the Board's Decision Order to this Honorable Court. WHEREFORE, Petitioner respectfully requests this Honorable Court to set this matter for a hearing de novo pursuant to 72 P.S. §5020-518.1 and 72 Pa-C.S. §5453.704 and that the assessment and the 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 assessed value of the Petitioner's property based on competent and relevant evidence presented at such hearing. Respectfully submitted, JOHNSON, DUFFIE TEWART &WEIDNER Dated: I(— (--t3 By: Mark C. Duffie Attorney I.D. N . 75906 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 :589141 Attorneys for Petitioner VERIFICATION I, Mark C. Duffie, attorney for Michael A. Serluco, hereby certify that the matters asserted herein constitute matters of record, legal arguments and matters within the direct knowledge of counsel. The statements contained herein are true and correct to the best of the knowledge of the undersigned. This verification is made pursuant to the provisions of 18 Pa.C.S.A. §4904. v� Mar C. Duffie Date: CERTIFICATE OF SERVICE AND NOW, this '14' day of October, 2013, the undersigned does hereby certify that he did this date serve a copy of the foregoing PETITION upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Cumberland County Assessment Office Cumberland County Board of Assessment Appeals One Courthouse Square, Room 107 Carlisle, PA 17013 Philip H. Spare, Esquire Solicitor, West Shore School District Stock and Leader LLP 221 W. Philadelphia Street, Suite E-600 York, PA 17401-2994 Steven P. Miner, Esquire Solicitor, Lower Allen Township Daley Zucker Meilton & Miner, LLC 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 JOHNSON, DUFFIE, STEWART &WEIDNER By: Mark C. Duffie EXHIBIT r 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 Parcel Identifier: 13-24-0801-005. SERLUCO, MICHAEL A 400 NORTH FRONT STREET MAILING DATE: OCTOBER 9, 2013 WORMLEYSBURG PA 17043 APPEAL DEADLINE: NOVEMBER 08, 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: 01/01/2014 for County/Munic 07/01/2014 for School OLD NEW ASSESSMENT' 9.15,000 943,400 TAX STATUS Taxable Taxable PROPERTY DESCRIPTION C&G STATUS Munic. : 13 - LOWER ALLEN TOWNSHIP School: 9 - WEST SHORE SD MARKET-BASED ASSESSMENT Control Number: 13003172 Password. for free'Web Access: CUCVGJYL OLD NEW (My Property at CourthouseOnline.com/pa-cu-ao) Land 168,.000 168,000 Improvements 747,000 775,400 TOTAL 915,000 943,400 Property Location: 1000 of Market Value at 2010 Base Year Rates. 3521 HARTZDALE DRIVE CLEAN AND GREEN (CMG) ASSESSMENT LOT 1 PB 80 PG 143 Unit/Lot ID: L-0001 OLD NEW Land Size: .84 acres Land N/A N/A Improvements N/A N/A TOTAL N/A N/A Property Type: CG Commercial-Service Station . 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. Eich.elbe.rger. .. .. .. Improvements ; 28.,400. 28,400 TOTAL 2.8,400 28,400 Effects Future Billing Cycles Only [notc_a11L] ORIGINAL r 1 Y t HE ita i HONU 1AR' MICHAEL A. SERLUCO, 2013 NOV j 3: AM 11 38 IN THE COURT OF COMMON PLEAS OF T CUMBERLAND COUNTY, PENNSYLVANIA Petitioner CUMBERLAND COUNTY PENNSYLVANIA NO. j 3460 c.M v. CIVIL ACTION - LAW • CUMBERLAND COUNTY BOARD OF • ASSESSMENT APPEALS, • Respondent ORDER FOR HEARING AND NOW, this /!bt day of Ili-lam , 2013, upon consideration of the Petition of Michael A. Serluco for review of a Decision by the Cumberland County Board of Assessment Appeals assessing Petitioner's real estate, a hearing de novo is granted to Petitioner to determine whether the Decision of the Board of Assessment Appeals should be set aside. A hearing on the above-captioned matter is set for the ,3/Zet day of int./2d, , 201y, at 30 o'clock cc .m., in Courtroom No. 5 Carlisle, Cumberland County, Pennsylvania. Petitioner is directed to serve a notice of the appeal and copies of the Petition for review in order for hearing on the Board of Assessment Appeals at the address shown on the Board's Decision by certified mail, return receipt requested. BY THE COURT: J. nbution: Mark C. Duffle,Esquire,Johnson,Duffle,Stewart&Weidner,P.C.,301 Market Street,P.O.Box 109,Lemoyne,PA 17043-0109 Counsel for Petitioner John G.French,Esquire,Solicitor,Cumberland County Board of Assessment Appeals, 1304 Oak Lane,New Cumberland,PA 17070 hilip H. Spare, Esquire, Solicitor, West Shore School District, Stock and Leader LLP, 221 W. Philadelphia Street, Suite E-600, York, PA 17401- 2994 /Steven P.Miner, Esquire,Solicitor, Lower Allen Township,Daley Zucker Meilton&Miner,LLC,635 N. 12th Street,Suite 101,Lemoyne,PA 17043 1,ES /ILIA.LEc // !3//3 C.4" Johnson, Duffie, Stewart & Weidner ca By: Mark C. Duffie x 3 '}1F-1 I.D.No. 75906 Attorneys for Petitioners c(nr"' I o 301 Market Street ti- --a - P. O. Box 109 "C -T7 Lemoyne,Pennsylvania 17043-0109 = , �-> ' (717) 761-4540 '' c.a MICHAEL A. SERLUCO, • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner • / NO. 13 -6 a- cam v. • • CIVIL ACTION-LAW CUMBERLAND COUNTY BOARD OF • ASSESSMENT APPEALS, • Respondent PETITION FOR REVIEW OF DECISION OF THE BOARD OF ASSESSMENT APPEALS AND NOW, Petitioner, Michael A. Serluco, by and through his undersigned counsel, hereby petitions the Court pursuant to 72 P.S. §5020-518.1 and 72 Pa.C.S, §5453.704 for review of the decision of the Cumberland County Board of Assessment Appeals regarding the Petitioner's appeal of its real property assessment, and in support thereof avers as follows: 1. Petitioner, owner of the subject property, is Michael A. Serluco, an adult individual, with a mailing address of 400 North Front Street, Wormleysburg, Pennsylvania 17043. 2. The property subject to this appeal is located in Lower Allen Township, Cumberland County, Pennsylvania. It is municipally known and numbered as 3521 Hartzdale Drive, Camp Hill, Pennsylvania 17011. It is further identified as Tax Parcel No. 13-24-0801-005. 3. On or about August 28, 2013, Petitioner filed an appeal of its annual real estate tax assessment to the Cumberland County Board of Assessment Appeals, seeking a reduction in the assessed value of the property which was $915,000.00. 1'to 3.7r p-664 et iiktioo 4,979&41- 4. A hearing before the Cumberland County Board of Assessment Appeals took place on October 8, 2013. 5. The Cumberland County Board of Assessment Appeals issued a Decision Notice, with a mailing date of October 9, 2013, resulting in an increase of the assessed value to $943,400.00. The application of the common level ratio factor of .97 resulting in an implied market value of the property is $915,098.00. A true and correct copy of the Board's Decision is attached hereto and incorporated herein as Exhibit A. 6. The Petition appealed the annual assessment, pursuant to the General County Assessment Law. 7. The assessment herein appealed is incorrect in that it improperly overstates the market value of the property to a significant, substantial and prejudicial extent. 8. Petitioner satisfied the procedural prerequisites to filing the instant appeal by appealing to, and appearing before the Cumberland County Board of Assessment Appeals and by timely appealing the Board's Decision Order to this Honorable Court. WHEREFORE, Petitioner respectfully requests this Honorable Court to set this matter for a hearing de novo pursuant to 72 P.S. §5020-518.1 and 72 Pa.C.S. §5453.704 and that the assessment and the 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 assessed value of the Petitioner's property based on competent and relevant evidence presented at such hearing. Respectfully submitted, JOHNSON, DUFFLE TEWART &WEIDNER Dated: i'- t -+3 By: e Mark C. Duffie Attorney I.D. NLi. 75906 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Petitioner :589141 VERIFICATION I, Mark C. Duffie, attorney for Michael A. Serluco, hereby certify that the matters asserted herein constitute matters of record, legal arguments and matters within the direct knowledge of counsel. The statements contained herein are true and correct to the best of the knowledge of the undersigned. This verification is made pursuant to the provisions of 18 Pa.C.S.A. §4904. Mar C. Duffie Date: 1 C—13 CERTIFICATE OF SERVICE AND NOW, this ' day of October, 2013, the undersigned does hereby certify that he did this date serve a copy of the foregoing PETITION upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Cumberland County Assessment Office Cumberland County Board of Assessment Appeals One Courthouse Square, Room 107 Carlisle, PA 17013 Philip H. Spare, Esquire Solicitor, West Shore School District Stock and Leader LLP 221 W. Philadelphia Street, Suite E-600 York, PA 17401-2994 Steven P. Miner, Esquire Solicitor, Lower Allen Township Daley Zucker Meilton & Miner, LLC 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 JOHNSON, DUFFIE, STEWART &WEIDNER By: Mark C. Duffie EXHIBIT A 4 • ...__. t ' 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 Parcel Identifier: 13-24-0801-005. SERLUCO, MICHAEL A 400 NORTH FRONT STREET MAILING DATE: OCTOBER 9, 2013 WORMLEYSBURG PA 17043 APPEAL DEADLINE: NOVEMBER 08, 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: 01/01/2014 for County/Munic 07/01/2014 for School OLD NEW ASSESSMENT "" 915,000 943,400 TAX STATUS Taxable Taxable PROPERTY DESCRIPTION C&G STATUS Munic. : 13 - LOWER ALLEN TOWNSHIP School: 9 - WEST SHORE SD MARKET-BASED ASSESSMENT Control Number: 13003172 Password for free Web Access: CUCVGJYL OLD NEW (My Property at CourthouseOnline.com/pa-cu-ao) Land 168,000 168,000 Improvements 747,000 775,400 TOTAL 915,000 943,400 Property Location: 100% of Market Value at 2010 Base Year Rates. 3521 HARTZDALE DRIVE CLEAN AND GREEN (C&G) ASSESSMENT LOT 1 PB 80 PG 143 Unit/Lot ID: L-0001 OLD NEW Land Size: .84 acres Land N/A N/A Improvements N/A N/A TOTAL N/A N/A Property Type: CG Commercial-Service Station 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 . 28.,400 28,400 TOTAL 28,400 28,400 Effects Future Billing Cycles Only [notc_allL] ORIGINAL IN THE COURT OF THE COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW MICHAEL A. SERLUCO, • Appellant : No. 13-6602 CIVIL TERM --.. Parcel No. 13-24-0801-005 CC; rrl Property: 3521 Hartzdale Drive • Camp Hill, PA 17011 > • r— -, vs. • THE BOARD OF ASSESSMENT • -;, APPEALS OF CUMBERLAND COUNTY : REAL ESTATE TAX ASSESSMENT APPEAL Appellee PETITION TO INTERVENE OF LOWER ALLEN TOWNSHIP Lower Allen Township, by and through its attorneys, Daley Zucker Meilton& Miner, LLC, files this Petition to Intervene, and avers as follows: 1. Lower Allen Township is a first class township with an address of 2233 Gettysburg Road, Camp Hill, PA 17011 and is organized and exists under the First Class Township Code and the Laws of the Commonwealth of Pennsylvania. 2. Appellant, Michael A. Serluco, owns the property at 3521 Hartzdale Drive, Camp Hill, (the"Property") in Lower Allen Township. 3. Appellant filed a tax assessment appeal to this Honorable Court and seeks pp Pp a reduction in its tax assessment for the subject Property. 4. The Property is located within the boundaries of Lower Allen Township. 5. The Township was not named as a party in the tax appeal. 6. The Township may join the action as an original party as its interests as a taxing authority may be protected only through an intervention in the appeal. Wherefore, Lower Allen Township respectfully requests that this Honorable Court grant intervention in the tax assessment appeal. Respectfully Submitted, DALEY ZUCKER MEILTON & MINER, LLC Date: By: Steven '. Miner, Esquire Attorn-y I.D.No. 38901 635 North 12th Street, Suite 101 Lemoyne, PA 17043 Phone: (717) 724-9821 Email: sminer @dzmmlaw.com . TN THE COURT OF THE COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION-LAW MICHAEL A. SERLUCO, Appellant No. 13-6602 CIVIL TERM Parcel No. 13-24-0801-005 • • Property: 3521 Hartzdale Drive Camp Hill,PA 17011 • vs. ! THE BOARD OF ASSESSMENT : APPEALS OF CUMBERLAND COUNTY : REAL ESTATE TAX ( ASSESSMENT APPEAL Appellee { VERIFICATION PURSUANT TO 18 PA C.S. ti4909 { I,Thomas G. Vernau,hereby certify that I am Township Manager of Lower Allen 1 Township,and that I am authorized to execute this Verification on its behalf,and that the facts set forth in the foregoing PETITION TO INTERVENE OF LOWER ALLEN TOWNSHIP is true and correct to the best of my knowledge, information and belief, I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. §4909,relating to unsworn falsification to authorities. f Thomas G.Veri. uship Manager Lower Allen Township Dated: { IN THE COURT OF THE COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION-LAW • MICHAEL A. SERLUCO, • Appellant No. 13-6602 CIVIL TERM • • Parcel No. 13-24-0801-005 • • Property: 3521 Hartzdale Drive • Camp Hill,PA 17011 • • vs. • • THE BOARD OF ASSESSMENT APPEALS OF CUMBERLAND COUNTY REAL ESTATE TAX • ASSESSMENT APPEAL • Appellee CERTIFICATION OF SERVICE I, Steven P.Miner,Esquire,certify that on ! 1 (\ I served via United States Mail a true and correct copy of the forgoing Petition to Intervene of Lower Allen Township: Edward L. Schorpp,Esquire Cumberland County Solicitor John G.French,Solicitor 36 West Allen Street 1304 Oak Lane Mechanicsburg,PA 17055 New Cumberland,PA 17070 Attorney for Cumberland County Attorneys for Cumberland County Board of Assessment Appeals Philip H. Spare, Solicitor Stock and Leader LLP Mark C.Duffle,Esquire 221 W.Philadelphia Street, Suite E-600 301 Market Street York,PA 17401-2994 P.O.Box 109 Attorneys for West Shore School District Lemoyne,PA 17043 Attorney for Appellant Respectfully Submitted, DALEY ZUCKER MEILTO MINER,LLC By: Steve P. Miner,Esquire Atto ey I.D.No.38901 635 orth 12th Street, Suite 101 Lemoyne,PA 17043 Phone: (717)724-9821 Email: sminer(aidzmmlaw.com IN THE COURT OF THE COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION-LAW MICHAEL A. SERLUCO, Appellant No. 13-6602 CIVIL TERM ; cn r•- Parcel No. 13-24-0801-005 °° `_ > ) CD-7 Property: 3 521 Hartzdale Drive • c,, +j? Camp Hill, PA 17011 • co • • : cs, .: vs. : THE BOARD OF ASSESSMENT • APPEALS OF CUMBERLAND COUNTY : REAL ESTATE TAX . ASSESSMENT APPEAL Appellee • ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Intervenor, Lower Allen Township in the above-referenced case. Respectfully Submitted, DALEY ZUCKER MEILTON & MINER,LLC Date: /7 ; IN THE COURT OF THE COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION-LAW MICHAEL A. SERLUCO, • • Appellant No. 13-6602 CIVIL TERM Parcel No. 13-24-0801-005 • Property: 3521 Hartzdale Drive • Camp Hill,PA 17011 • vs. • THE BOARD OF ASSESSMENT • APPEALS OF CUMBERLAND COUNTY • REAL ESTATE TAX • ASSESSMENT APPEAL Appellee • CERTIFICATION OF SERVICE I, Steven P.Miner,Esquire,certify that on I( I v �l� I served via United States Mail a true and correct copy of the forgoing Entry of Appearance: Edward L. Schorpp,Esquire John G.French,Solicitor Cumberland County Solicitor 1304 Oak Lane 36 West Allen Street New Cumberland,PA 17070 Mechanicsburg,PA 17055 Attorneys for Cumberland County Attorney for Cumberland County Board of Assessment Appeals Philip H.Spare,Solicitor Mark C.Duffle,Esquire Stock and Leader LLP 301 Market Street 221 W.Philadelphia Street, Suite E-600 P.O.Box 109 York,PA 17401-2994 Lemoyne,PA 17043 Attorneys for West Shore School District Attorney for Appellant Respectfully Submitted, DALEY ZUCKER MEILTON MINER,LLC By: Aalb Steven r. iner,Esquire Attorn: I.D.No.38901 635 North 12th Street, Suite 101 Lemoyne,PA 17043 Phone: (717)724-9821 Email: sminer(iidzmmlaw.com MICHAEL A. SERLUCO, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW THE BOARD OF ASSESSMENT: APPEALS OF CUMBERLAND COUNTY, ; Appellee NO. 13-6602 CIVIL TERM IN RE: PETITION TO INTERVENE OF LOWER ALLEN TOWNSHIP ORDER OF COURT AND NOW, this 25th day of November, 2013, upon consideration of the Petition To Intervene of Lower Allen Township, a Rule is hereby issued upon all interested parties to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Christy ee L. Peck, J. -, Steven P. Miner, Esq. r 6*3 , r r}-- 63 5 N. 12th Street -74 Suite 101 ' Lemoyne, PA 17043 Attorney for Intervenor 6 ;>r y� ✓Edward Schorpp, Es -< 35 South Thrust Drive Carlisle, PA 17015 Solicitor for Cumberland County Philip H. Spare, Esq. 221 W. Philadelphia Street Suite E-600 York, PA 17401-2994 Solicitor for West Shore School District ,John G. French, Esq. 1304 Oak Lane New Cumberland, PA 17070 Attorney for Cumberland County Board of Assessment Appeals Mark C. Duffle, Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorney for Appellant :rc X d-et) e� i Johnson, Duffle, Stewart& Weidner By: Mark C. Duffle I.D.No. 75906 Attorneys for Petrti4rl His[± (; - 4 tT I I 301 Market Street P. O.Box 109 �,. ..,t r ,4n EE,r_ Cili ,., :.. E dl Lemoyne,Pennsylvania 17043-0109 ` Sy Vp� (717)761-4540 MICHAEL A. SERLUCO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Appellant NO. 13-6602 CIVIL TERM V. CIVIL ACTION-LAW THE BOARD OF ASSESSMENT APPEALS, OF CUMBERLAND COUNTY Appellee ANSWER TO PETITION TO INTERVENE OF LOWER ALLEN TOWNSHIP AND NOW, comes the Appellant, Michael A. Serluco, by and through his attorneys, Johnson, Duffie, Stewart &Weidner, P.C., and files this Answer to Petition to Intervene of Lower Allen Township and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. WHEREFORE, the undersigned, on behalf of the Appellant, Michael A. Serluco, consents to this Honorable Court's granting intervention to Lower Allen Township in the above-captioned tax appeal. Respectfully submitted, JOHNSON, DUFFIE, STEWART&WEIDNER Dated: i'L -� �- t 3 By. _ - It�AT) Mark C. Duffie Attorney I.D. No. 06 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Petitioner :594541 CERTIFICATE OF SERVICE AND NOW, this �j day of December, 2013, the undersigned does hereby certify that he did this date serve a copy of the foregoing ANSWER TO PETITION TO INTERVENE OF LOWER ALLEN TOWNSHIP upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Steven P. Miner, Esquire Solicitor, Lower Allen Township Daley Zucker Meilton & Miner, LLC 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 Edward Schorpp, Esquire Solicitor for Cumberland County 35 South Thrust Drive Carlisle, PA 17055 Philip H. Spare, Esquire Solicitor, West Shore School District Stock and Leader LLP 221 W. Philadelphia Street, Suite E-600 York, PA 17401-2994 John G. French, Esquire Attorney for Cumberland County Board of Assessment Appeals 1304 Oak Lane New Cumberland, PA 17070 JOHNSON, DUF , STEWART &WEIDNER By: Mark C. Duffie S �au 2°I4 JAN {Q F,H; 2: 49 C MPEPLANn ��UTY PENNS Yi VF0 h' MICHAEL A. SERLUCCO, IN TrIZTOURT OF COMMON PLEAS Appellant OF CUMBERLAND COUNTY, • PENNSYLVANIA • v. • THE BOARD OF ASSESSMENT No.: 13-6602 CIVIL TERM APPEALS OF CUMBERLAND COUNTY, . Appellee Real Estate Tax Assessment Appeal • • and • • WEST SHORE SCHOOL DISTRICT and • LOWER ALLEN TOWNSHIP, • Interveners NOTICE OF INTERVENTION AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: In accordance with the requirements of the Consolidated County Assessment Law, 53 Pa. C. S. §8801, et seq., the West Shore School District hereby intervenes as a party to the tax assessment appeal taken by the above-named Appellant. Please enter our appearance in this matter on behalf of Intervener, West Shore School District. Respectfully submitted, fy J OCK AND LEADER Date: //WY By: v�.. • ilip rr. pare, Esquire Supreme Court ID No. 65200 Gareth D. Pahowka, Esquire Supreme Court ID No. 309184 Attorney for Intervener, West Shore School District Susquehanna Commerce Center 221 West Philadelphia Street, Suite E600 York, PA 17401-2994 Telephone(717) 846-9800 Fax No. (717) 843-6134 0128056- MICHAEL A. SERLUCCO, IN THE COURT OF COMMON PLEAS Appellant • OF CUMBERLAND COUNTY, • PENNSYLVANIA v. •• • THE BOARD OF ASSESSMENT • No.: 13-6602 CIVIL TERM APPEALS OF CUMBERLAND COUNTY, . Appellee Real Estate Tax Assessment Appeal • and •• • WEST SHORE SCHOOL DISTRICT and • LOWER ALLEN TOWNSHIP, • Interveners • CERTIFICATE OF SERVICE r- AND NOW, this 1 day of J I2IIIZ'Ut , 2014, I, Philip H. Spare, Esquire, of the law firm of Stock and Leader, attorneys for West Shore School District, hereby certify that I served the within Notice of Intervention and Entry of Appearance this day by depositing the same in the United States mail, postage prepaid, in York, Pennsylvania, addressed to: Mark C. Duffie, Esquire Steven P. Miner, Esquire Johnson, Duffle, Stewart& Weidner Daley,Zucker, Meilton & Miner, LLC 301 Market Street 635 N. 12th St., Suite 101 PO Box 109 Lemoyne, PA 17043 Lemoyne, PA 17043-0109 John G. French, Esquire Edward Schorpp, Esquire Cumberland County Board of Assessment Appeals 35 S. Thrust Dr. 1304 Oak Lane Carlisle,PA 17055 New Cumberland,PA 17070 STOCK AND LEADER /19/1(/ By: Date Philip !Spare, Esquire Supreme Court ID No. 65200 Susquehanna Commerce Center; Suite E600 221 West Philadelphia Street York, PA 17401-2994 Telephone: (717) 846-9800 Fax: (717) 843-6134 0128056- i r.. �"i1..,L_i� �•e F lis Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie 2014 FEB 27 A11 f0: 58 I.D.No. 75906 Attorneys for Petitioner 301 Market Street B E R L A II @ COUNTY P. O.Box 109 PENNSYLVANIA Lemoyne,Pennsylvania 17043-0109 (717)761-4540 MICHAEL A. SERLUCO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner NO. 13-6602 CIVIL TERM V. CIVIL ACTION -LAW CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Respondent MOTION FOR CONTINUANCE AND NOW, comes the Petitioner, Michael A. Serluco, by and through his counsel, Johnson, Duffie, Stewart &Weidner, P.C., and files this Motion for Continuance, and in support thereof avers as follows: 1. On August 28, 2013, Petitioner filed an appeal of his annual real estate tax assessment for his property at 3521 Hartzdale Drive, Camp Hill, Pennsylvania (Parcel I.D. No. 13-24-0801-005) to the Cumberland County Board of Assessment Appeals and a hearing took place on October 8, 2013. 2. A decision was issued by the Cumberland County Board of Assessment Appeals by a Decision Notice, dated October 9, 2013, to which the Petitioner filed a Petition for Review of Decision of the Board of Assessment Appeals on November 7, 2013. 3. A copy of the Petition for Review of Decision of the Board of Assessment Appeals was served upon the Cumberland County Assessment Office, the West Shore School District via their Solicitor., Philip H. Spare, Esquire, and Lower Allen Township via their Solicitor, Steven P. Miner, Esquire, on November 7, 2013. c 4. On November 19, 2013, Steven P. Miner, Esquire, on behalf of Lower Allen Township, filed a Petition to Intervene to which the Appellant, Michael A. Serluco, consented to the Court's granting the Petition to Intervene to Lower Allen Township. 5. On January 10, 2014, Philip H. Spare, Esquire, on behalf of the West Shore School District, filed a Notice of Intervention and Entry of Appearance in the above-captioned matter. 6. By Order of Court, a hearing in this matter has been scheduled for Monday, March 3, 2014, before The Honorable Christylee L. Peck to which the undersigned is requesting a continuance. 7. The purpose of the continuance is that the property in question is subject to an Agreement of Sale and closing is scheduled on that same day, Monday, March 3, 2014. Should the property close and the title be transferred, the circumstances surrounding Petitioner's desire to continue this appeal may change. 8. All interested parties, including the Cumberland County Board of Assessment Appeals, as represented by John G. French, Esquire, the Township, as represented by Steven P. Miner, Esquire, and the School District, as represented by Philip H. Spare, Esquire, have all been contacted and all consent to the continuance under the circumstances. 9. All prior proceedings and pleadings in this matter have been directed and assigned to The Honorable Christylee L. Peck. WHEREFORE, the undersigned, with the consent of the opposing parties, requests this Honorable Court to grant a continuance from the hearing currently scheduled for Monday, March 3, 2014 for a period of sixty (60) to ninety (90) days. Respectfully submitted, JOHNSON, DUFFIE, S WA T &WEIDNER Dated: 2 2 'I -­V By: Mark C. Duffie Attorney I.D. No. 759 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Petitioner :608298 a s CERTIFICATE OF SERVICE AND NOW, this I- day of February, 2014, the undersigned does hereby certify that he did this date serve a copy of the foregoing PETITION upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: John G. French, Esquire Solicitor, Cumberland County Board of Assessment Appeals 1309 Bridge Street New Cumberland, PA 17070 Philip H. Spare, Esquire Solicitor, West Shore School District Stock and Leader LLP 221 W. Philadelphia Street, Suite E-600 York, PA 17401-2994 Steven P. Miner, Esquire Solicitor, Lower Allen Township Daley Zucker Meilton & Miner, LLC 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 JOHNSON, DUFFIE, EW WEIDNER By: ark 17— C. Duffie 'w MICHAEL A. SERLUCO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 13 -6602 CIVIL TERM CIVIL ACTION - LAW v. Petitioner CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Respondent ORDER AND NOW, this Nit day of -77)/11-e.-X--1 , 2014, upon consideration of the attached Motion for Continuance, it is hereby ordered that the hearing scheduled for Monday, March 3, 2014, at 9:30 a.m., shall be rescheduled and held on the /q,-61, day of , 201/, at 9.30 o'clock a..m., in Courtroom No. 6" , of the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania. BY THE COURT: DD.stribution: Mark C. Duffie, Esquire, Johnson, Duffie, Stewart & Weidner, P.C., 301 Market Street, P.O. Box 109, Lemoyne, PA 17043 -0109 Counsel for Appellant John G. French, Esquire, Solicitor, Cumberland County Board of Assessment Appeals, 1309 Bridge Street, New Cumberland, PA 17070 J. Philip H. Spare, Esquire, Solicitor, West Shore School District, Stock and Leader LLP, 221 W. Philadelphia Street, Suite E -600, York, PA 17401- 2994 even P. Miner, Esquire, Solicitor, Lower Allen Township, Daley Zucker Meilton & Miner, LLC, 635 N. 12th Street, Suite 101, Lemoyne, PA 17043 Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043 -0109 (717) 761 -4540 MICHAEL A. SERLUCO, Petitioner v. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Respondent TO THE PROTHONOTARY: tR t_ PRO H0NDTA'{ 2O111 11AR --6 PM 1: 00 Attorneys for Petitioner CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 13 -6602 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO WITHDRAW AND DISCONTINUE Please withdraw and discontinue Plaintiff's Petition for Review of Decision of the Board of Assessment Appeals in the above - captioned matter. Dated: 3 J :609913 Respectfully submitted, JOHNSON, DUFFIE, E� RT & WEIDNER By: mark C. Duffie Attorney I.D. No. 71..t.06 301 Market Street P.O. Box 109 Lemoyne, PA 17043 -0109 (717) 761 -4540 Attorneys for Petitioner CERTIFICATE OF SERVICE tsi4k) AND NOW, this day of March, 2014, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe to Withdraw and Discontinue upon the other parties of record by causing same to •be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: John G. French, Esquire Solicitor, Cumberland County Board of Assessment Appeals 1309 Bridge Street New Cumberland, PA 17070 Philip H. Spare, Esquire Solicitor, West Shore School District Stock and Leader LLP 221 W Philadelphia Street, Suite E-600 York, PA 17401-2994 Steven P. Miner, Esquire Solicitor, Lower Allen Township Daley Zucker Meilton & Miner, LLC 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 JOHNSON, DUFFIE, STEWT & WEIDNER B . ark C. Du ie