The URL can be used to link to this page

Home My WebLink About13-6617 Supreme Co; j nnsylvania Cou o leas 'orPrr�ttetlay i t Docket I+lrs: cu 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?leadings or other papers as required by law or rules of court. p Commencement of Action: ❑ Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking rap � Lead Plaintiff s Name: Lead Defendant's Name: DAUPHIN DISTRIBUTION SERVICES CUMBERLAND County Board of Assessment Appeals tY PP Dollar Amount Requested: ❑within arbitration limits Are money damages requested? ❑Yes ❑ No (check one) ❑outside arbitration limits Is this a Class Action Suit? ❑Yes ❑ No Is this an MDJAppeal? ❑ Yes ❑ No "r Name of Plaintiff/Appellant's Attorney: Henry Lacap, Esq.,Janata, Lacap&Associates, P.C. ❑ 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 a you consider most important. 9 TORT(do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS }y 4y ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection:Credit Card El Board of Assessment Motor Vehicle Debt Collection:Other ❑ ® E3 Board of Elections y [3 Nuisance Dept.of Transportation �, ❑ Premises Liability Statutory Appeal:Other ❑ Product Liability (does not include mass tort) [3 Employment Dispute: ® Slander/Libel/Defamation Discrimination � r ® Other: 13 Employment Dispute:Other [3 Zoning Board ❑ Other: Ni r` ❑ Other: MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort-DES 13 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Other. J ❑ Common Law/Statutory Arbitration Eminent Domain/Condemnation RY ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute [3 Non-Domestic Relations k ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warranto ❑ Dental [3 Partition E3 Replevin ❑ Legal ❑ Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. CIVIL ACTION—LAW IN RE: No. APPEAL OF DAUPHIN DISTRIBUTION SERVICES FROM THE CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS TAX PARCEL NO.: 10-20-1838-026A Real Estate Tax Assessment Appeal .;. MUNICIPALITY: HAMPDEN TWP. - ; SCHOOL DISTRICT: CUMBERLAND VALLEY SD ASSESSMENT FOR THE YEAR 2014 PROPERTY OF DAUPHIN DISTRIBUTION SERVICES ;7--c:j PETITION FOR REVIEW OF COMMERCIAL REAL PROPERTY ASSESSMENT TO THE HONORABLE JUDGES OF SAID COURT: 1. The petitioner is DAUPHIN DISTRIBUTION SERVICES; duly authorized to transact business in Pennsylvania with a place of business located at 260 SALEM CHURCH ROAD, HAMPDEN TWP., CUMBERLAND COUNTY, Pennsylvania. 2. The respondent is the CUMBERLAND County Board of Assessment Appeals whose address is: CUMBERLAND County Board of Assessment Appeals, 1 Courthouse Square, Room 107, Carlisle,PA 17013. 3. The petitioner is the owner of property located at 260 SALEM CHURCH ROAD, HAMPDEN TWP., CUMBERLAND COUNTY,Pennsylvania,which is identified for local real estate tax purposes as Parcel No. 10-20-1838-026A(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 2013,the petitioner was informed that the assessment of the premises for local real 3 �0 .7�4 estate tax purposes was fixed for the 2014 tax year at$5,000,000. Owl a /Z 17 99 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 22,2013. 7. The petitioner was informed that the Board changed the assessment to $6,186,000 on October 24, 2014 (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 2014 and make such other orders and decrees with respect thereto as shall be just and proper. op HENRY LACAP ATTORNEY FOR PETITIONER ATTORNEY ID.NO. 312582 605 NORTH BROAD STREET LANSDALE, PENNSYLVANIA 19446 DATED: November 7, 2013 (215)362-7772 Exhibit 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 DAUPHIN DISTRIBUTION SERVICES Parcel Identifier: C/O HENRY LACAP, ESQ 10-20-1838-026A JANATA, LACAP & ASSOC, P.C. 605 NORTH BROAD STREET MAILING DATE: OCTOBER 24, 2013 LANSDALE PA 19446 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 (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 5,000,000 6,186,000 TAX STATUS Taxable Taxable PROPERTY DESCRIPTION C&G STATUS Munic. : 10 - HAMPDEN TOWNSHIP School: 4 - CUMBERLAND VALLEY SD MARKET-BASED ASSESSMENT Control Number: 10005758 Password for free Web Access: CUXNETKX OLD NEW (My Property at CourthouseOnline.com/pa-cu-ao) Land 2,570,200 2,570,200 Improvements 2, 429, 800 3,615, 800 TOTAL 5,000,000 6,186,000 Property Location: 100% of Market Value at 2010 Base Year Rates. 260 SALEM CHURCH ROAD SALEM GARDENS CLEAN AND GREEN (C&G) ASSESSMENT LOT 2 PB 32 PG 81 Unit/Lot ID: L-0002 OLD NEW Land Size: 11.32 acres Land N/A N/A Improvements N/A N/A TOTAL N/A N/A Property Type: CW Commercial - Warehouse 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 1, 186, 000 1, 186,000 TOTAL 1, 186,000 1, 186, 000 Effects Future Billing Cycles Only cc: DAUPHIN DISTRIBUTION SERVICES [notc_allL] CC: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA CIVIL ACTION—LAW IN RE: No. APPEAL OF DAUPHIN DISTRIBUTION SERVICES FROM THE CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS TAX PARCEL NO.: 10-20-1838-026A Real Estate Tax Assessment Appeal MUNICIPALITY: HAMPDEN TWP. SCHOOL DISTRICT: CUMBERLAND VALLEY SD ASSESSMENT FOR THE YEAR 2014 PROPERTY OF DAUPHIN DISTRIBUTION SERVICES CERTIFICATION OF VERIFICATION 1. 1, Henry Lacap, am an Attorney-at-Law of the Commonwealth of Pennsylvania and have been retained to represent the petitioner, DAUPHIN DISTRIBUTION SERVICES, 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. I 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. on HENRY LACAP ATTORNEY FO PETITIONER ATTORNEY ID.NO. 312582 605 NORTH BROAD STREET LANSDALE, PENNSYLVANIA 19446 DATED: November 7,2013 (215)362-7772 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA. CIVIL ACTION—LAW IN RE: No. APPEAL OF DAUPHIN DISTRIBUTION SERVICES FROM THE CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS TAX PARCEL NO.: 10-20-1838-026A Real Estate Tax Assessment Appeal MUNICIPALITY: HAMPDEN TWP. SCHOOL DISTRICT: CUMBERLAND VALLEY SD ASSESSMENT FOR THE YEAR 2014 PROPERTY OF DAUPHIN DISTRIBUTION SERVICES 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 as attorney for the petitioner, DAUPHIN DISTRIBUTION SERVICES, 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., \�j HENRY LACA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA. IN RE: CIVIL ACTION-LAW No. APPEAL OF DAUPHIN DISTRIBUTION SERVICES FROM THE CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS TAX PARCEL NO.: 10-20-1838-026A Real Estate Tax Assessment Appeal MUNICIPALITY: HAMPDEN TWP. SCHOOL DISTRICT: CUMBERLAND VALLEY SD C:j .�+ ASSESSMENT FOR THE YEAR 2014 n r` s-'q r- c�r, PROPERTY OF DAUPHIN DISTRIBUTION SERVICES -t D c r-)` C- ORDER ORDER AND NOW,this/30ay of j4Vjfd$f013, upon consideration of the foregoing Petition for Review of Real Estate Assessment, it is hereby ordered pursuant to the Act of June 26, 1931, P.L. 1379. Section 9, as amended (72 P.S. Section 5350)that with twenty (20) days after the date of entry by the Court of this Order, the Petitioner shall mail, by certified mail, a copy of the Petition and Order to the following: The Board of Assessment Appeals; the County Solicitor; the Municipality in which the tax parcel is located; and the School District in which the tax parcel is located. Within thirty(30) days after the entry of this Order, the petitioner shall file an affidavit of service with the Prothonotary. Any person or governmental agency upon whom a copy of the Petition and this Order is required to be served as stated above,may file a reply or may intervene in the appeal proceedings as a matter of right by filing with the Prothonotary, within twenty (20) days after receipt of the copy of a Petition and Order, either a response to the Petition or a praecipe directing intervention as an appellant or appellee, as the case may be. If such response or praecipe has not been filed within the required twenty (20) day period, intervention thereafter shall be governed by Pennsylvania Rules of Civil Procedure 2326 through 2350 inclusive. BY THE C T: Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA. CIVIL ACTION—LAW IN RE: No. APPEAL OF DAUPHIN DISTRIBUTION SERVICES FROM THE CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS TAX PARCEL NO.: 10-20-1838-026A Real Estate Tax Assessment Appeal MUNICIPALITY: HAMPDEN TWP. SCHOOL DISTRICT: CUMBERLAND VALLEY SD aln ASSESSMENT FOR THE YEAR 2014 C:7 M Y. :r_ C--) PROPERTY OF DAUPHIN DISTRIBUTION SERVICES r—'7 CrN CD a-r; CD CERTIFICATION OF SERVICE fil 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 certified mail, return receipt requested, on the jday of 2013: CUMBERLAND County Board of Assessment Appeals Cumberland County Offices 1 Courthouse Square Carlisle,PA 17013 CUMBERLAND County Solicitor Cumberland County Offices 1 Courthouse Square Carlisle,PA 17013 CUMBERLAND COUNTY COMMISSIONERS Cumberland County Offices 1 Courthouse Square Carlisle,PA 17013 CUMBERLAND VALLEY School District Office of the Superintendent 6746 Carlisle Pike, Mechanicsburg,PA 17050 HAMPDEN TAT.,Manager 230 S. Sporting Hill Rd Mechanicsburg,PA 17050 HENRY A AP ATTORNEY FOR PETITIONER ATTORNEY ID.NO. 312582 605 NORTH BROAD STREET LANSDALE,PENNSYLVANIA 19446 DATED: December 3,2013 (215)362-7772