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Home My WebLink About13-6715 Supreme Cod 'WT TPennsylvania �(' �� '� For Prothonotary Use Only: Cour �b rComr>llon b 11�Cvehee,'t Docket No: r t / CUrq �RI ND � ,,- Co unty 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: S Complaint Writ of Summons El Petition Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: CARLWYNNE MANOR ASSOCIATES CUMBERLAND CO. BOARD OF ASSESSMENT APPF6 T Dollar Amount Requested: f@ within arbitration limits I Are money damages requested. 0 Yes X? No (check one) outside arbitration limits 'O N Is this a Class Action Suit? 0 Yes M No Is this an MDJAppeal? 0 Yes 0 No A Name of Plaintiff/Appellant's Attorney: Michael Yanoff, Esquire Check here if you have no attorney (are a Self - Represented [Pro Sel 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 0 Intentional I_ Buyer Plaintiff Administrative Agencies El Malicious Prosecution Debt Collection: Credit Card 'XI Board of Assessment C_1 Motor Vehicle Debt Collection: Other Board of Elections 0 Nuisance Dept. of Transportation Premises Liability [ Statutory Appeal: Other S Product Liability (does not include E mass tort) J Employment Dispute: Slander/Libel/ Defamation Discrimination C Other: Employment Dispute: Other Zoning Board , 0 Other: I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: 0 Ejectment 0 Common Law /Statutory Arbitration a B 0 Eminent Domain/Condemnation 0 Declaratory Judgment I Ground Rent Mandamus Landlord/Tenant Dispute [] Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY [1J Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition Replevin 0 Legal E1 Quiet Title 0 Other: 0 Medical 0 Other: Other Professional: Updated 1 /1/2011 FRIEDMAN, SCHUMAN, APPLEBAUM, ? ''° '' i,:r' ° g NEMEROFF & McCAFFERY, P.C. i BY: MICHAEL YANOFF, ESQUIRE x.{� Attorney I.D. #19384 AH to. 1, 2 101 Greenwood Avenue, Fifth Floor "tCf�l Add Jenkintown, PA 19046 f'{�fid1dSYLVAI (215) 690 -3827 IN RE: COURT OF COMMON PLEAS CARLWYNNE MANOR ASSOCIATES CUMBERLAND COUNTY c/o The DePaul Group 1750 Walton Road Blue Bell, PA 19422 Petitioner Parcel No. 06 -19- 1641 -232 v� V. NO. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS One Courthouse Square, Room 107 Carlisle, PA 17013 PETITION FOR ALLOWANCE OF APPEAL FROM ORDER OF BOARD OF ASSESSMENT APPEALS Petitioner, Carlwynne Manor Associates, by and through its counsel of record, Michael Yanoff, Esquire, of Friedman Schuman, P.C., hereby petitions this Honorable Court to allow an appeal from the real estate assessment fixed by the Board of Assessment Appeals for the above - captioned parcel, and, in support thereof, avers the following: 1. Petitioner is Carlywynne Manor Associates, with an address located at 1750 Walton Road, Blue Bell, PA 19422. 2. Petitioner is the record owner of parcel number 06- 19- 1641 -232, which is the subject of this appeal from the real estate assessment fixed by the Board of Assessment Appeals. 3. Petitioner filed an appeal from real estate tax assessment for said parcel with the Board of Assessment Appeals which was heard on October 15, 2013. I o37' oc �� los�ag {Client Files /009723/00000/00541007.DOC;1 } 4. On October 16, 2013, the Cumberland County Board of Assessment Appeals issued a Notice of Change in Assessment effective 1/1/2014 (County and Municipality) and 7/1/2014 (School). A true and correct copy of said Notice is attached hereto and marked as Exhibit "A ". 5. Petitioner files this appeal from said notice on the basis that the decision by the Cumberland County Board of Assessment Appeals was erroneous and failed to take into account the true value of the property. WHEREFORE, Petitioner respectfully requests this Honorable Court to grant the within Petition by signing the attached proposed Preliminary Decree and further, that this Honorable Court reverse the decision of the Cumberland, County Board of Assessment Appeals, reduce the assessment and thereafter make all of the necessary orders and decrees to effectuate the Court's determination. Respectfully submitted, FRIEDMAN SCHUMAN, P.C. BY: Mi hael Yanofg Esqu' e {Client Files 1009723 {00000I00541007.DOC;] } VERIFICATION I, Michael Yanoff, Esquire, hereby state that I am counsel for Petitioner in this action, authorized to make this verification on its behalf, and that the statements made within the foregoing Petition for Allowance of Appeal from Order of Board of Assessment Appeal are true and correct to the best of my knowledge, information, and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unworn falsification to authorities. Date: MIC ELY OFF, SQUIRE ATT R PETITIONER {Client Files l009719l00000l00540299.DOC;1 } EXHIBIT "A" {Client Files /009723/00000/00541007.DOC;I } 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: CARLWYNNE MANOR ASSOCIATES 06 -19- 1641 -232. C/O PATRICK J CALLAHAN 1750 WALTON ROAD MAILING DATE: OCTOBER 16, 2013 BLUE BELL PA 19422 APPEAL DEADLINE: NOVEMBER 15, 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 2,949,800 2,949,800 TAX STATUS Taxable Taxable PROPERTY DESCRIPTION C &G STATUS Munic.: 06 - CARLISLE BORO 5TH WRD School: 3 - CARLISLE AREA SD MARKET -BASED ASSESSMENT Control Number: 06000390 Password for free Web Access: CUZZDOCQ OLD NEW (My Property at CourthouseOnline.com /pa- cu -ao) Land 563,000 563,000 Improvements 2,386,800 2,386,800 TOTAL 2,949,800 2,949,800 Property Location: 100% of Market Value at 2010 Base Year Rates. 860 N HANOVER STREET CLEAN AND GREEN (C &G) ASSESSMENT LAND APPROX 3 ACRES OLD NEW Land Size: 2.51 acres Land N/A N/A Improvements N/A N/A TOTAL N/A N/A Property Type: CA Commercial - Apartments(4 +) 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 cc: CARLWYNNE MANOR ASSOCIATES (notc_allL] - _ CC: FRIEDMAN, SCHUMAN,APPLEBAUM, >. s E PRC7 {C FILED—OFFICE NEMEROFF & McCAFFERY,P.C. O I O3AR BY: MICHAEL YANOFF, ESQUIRE 7013 NOV 19 PM .t: : 0 Attorney I.D. #19384 101 Greenwood Avenue,Fifth Floor CUMBERLAND COUNTY Jenkintown,PA 19046 PENNSYLVANIA (215) 690-3827 IN RE: : COURT OF COMMON PLEAS CARLWYNNE MANOR ASSOCIATES : CUMBERLAND COUNTY cio The DePaul Group 1750 Walton Road Blue Bell, PA 19422 Petitioner • r Parcel No. 06-19-1641-232 • + ( ftJI : A cl L° , V. • NO. CUMBERLAND COUNTY BOARD OF • ASSESSMENT APPEALS One Courthouse Square, Room 107 • Carlisle, PA 17013 • PRELIMINARY DECREE AND NOW, this\TT day f 2013, upon consideration of Y �> p the Petition for Allowance of Appeal From Order of Board of Assessment Appeals, it is hereby ORDERED: 1. The Appeal to the Court is permitted and said case is to proceed in conformity with the Pennsylvania Rules of Civil Procedure; 2. That within 5 days of the date of the Preliminary Decree, Appellant shall serve a r copy of the Petition and Preliminary Decree upon the said Board, upon the Board of County Commissioners of Cumberland County, the governing body of the Municipality and the Board of School Directors of the School District in which the real estate is situate and their Solicitors, and upon the property owner, if the property owner is the not the Appellant; and 3. That the taxing authorities of the aforesaid and the property owner, if the property {Client Files/009723/00000/00541007.DOC;1} • • owner is not the Appellant, be and are hereby entitled to intervene as parties Appellee. COURT: Thomas A.Placey J. Common Pleas Judge Co �ks /nag La A n?. Q ,a4 Ca.4. ,6 .4,. 1Dv2c • igscesrwis,.4-- S fr.... 412.£41. cl ock_ls'ki c- Ji /97411" 444z4"‘" j CJ D PeciDflzvtscrS' {Client Files1009723/00000/00541007.DOC;1} Stephen D. Tiley, Esquire Supreme Court No. 32318 Frey and Tiley Attorney for the Appellee 5 South Hanover Street Tel.: 717-243-5838 Carlisle, Pennsylvania 17013 Fax.: 717-243-6441 IN RE: •▪ COURT OF COMMON CARLWYNNE MANOR ASSOCIATES, : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA Appellant • • c `� V. . NO. 13-6715 Civil -0Z -F rn • r` r, CUMBERLAND COUNTY BOARD OF •. ter" s' r ASSESSMENT APPEALS, Appellee • z ' v. • - -- • CARLISLE AREA SCHOOL DISTRICT, : Intervenor • ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Intervenor, Carlisle Area School District, in the above captioned matter. Dated: --7e-r- r o9Z? Respectfully submitted, By Stephen D. Tiley, Esquire Special Council for Carlisle Area School District Frey and Tiley 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.D.#32318 Stephen D. Tiley, Esquire Supreme Court No. 32318 Frey and Tiley Attorney for the Appellee 5 South Hanover Street Tel.: 717-243-5838 Carlisle, Pennsylvania 17013 Fax.: 717-243-6441 IN RE: : COURT OF COMMON CARLWYNNE MANOR ASSOCIATES, : PLEAS OF CUMBERLAND •▪ COUNTY, PENNSYLVANIA t ,, Appellant `w • mcv — ;. v. ▪ NO. 13-6715 Civil ' ' ' ' Cf> t r✓ CUMBERLAND COUNTY BOARD OF • ==` ' ASSESSMENT APPEALS, 'cJ : = ca Appellee • — • v. • CARLISLE AREA SCHOOL DISTRICT, • Intervenor • NOTICE OF INTERVENTION TO THE PROTHONOTARY: Please file this Notice of Intervention on behalf of the Carlisle Area School District of 623 West Penn Street, Carlisle, PA 17013 pursuant to 53 Pa. C. S. §8855 and the Court's Preliminary Decree dated November 19, 2013, and entered in the above captioned matter. Dated: 6'c- `�? o20i Respectfully submitted, By Stephen D. Tiley, Esquire Special Council for Carlisle Area School District Frey and Tiley 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.D.#32318 IN RE: : COURT OF COMMON CARLWYNNE MANOR ASSOCIATES, •▪ PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA Appellant • - , -.., V. . NO. 13-6715 Civil cr CUMBERLAND COUNTY BOARD OF • ' ASSESSMENT APPEALS, • Appellee • • v. • • CARLISLE AREA SCHOOL DISTRICT, • Intervenor • CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Notice of Intervention and Praecipe to Enter Appearance filed by Intervenor, Carlisle Area School District, on December 3, 2013, by placing a true and correct copy of the same in the United States mail, postage pre-paid, and addressed to the following, except where hand delivery as indicated: Michael Yanoff, Esquire John G. French, Esquire Attorney for Appellant Solicitor for Cumberland County Friedman, Schuman, Applebaum, Nemeroff Board of Assessment Appeals & McCaffery, P.C. 1304 Oak Lane 101 Greenwood Avenue, Fifth Floor New Cumberland, PA 17040 Jenkintown, PA 19046 Cumberland County Board of Asses. Appeals Borough of Carlisle 1 Courthouse Square, Room 107 53 West South Street Carlisle, PA 17013 Carlisle, PA 17013 (Hand Delivery) Page 1 of 2 Cumberland County Commissioners Keith 0. Brenneman, Esquire 1 South Hanover Street Solicitor for Borough of Carlisle Carlisle, PA 17013 Snelbaker& Brenneman (Hand Delivery) 44 West Main Street Mechanicsburg, PA 17055 (Hand Delivery) Cumberland County Solicitor 1 South Hanover Street Carlisle, PA 17013 (Hand Delivery) Date: ,;(7e =,- --� �EJ / /l / Stephen D. Tiley, Esquire Special Counsel for Carlisle Area School Dist. Frey and Tiley 5 S. Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D.#32318 Page 2 of 2