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HomeMy WebLinkAbout13-6716 Supreme Co o l3 'ennsyNania „�, Co U r' r �f,Commonlpleas For Prothonotary Use Only: r. � Co, libe't f Q5 Docket No: ) CUBERLAND / . -' I n� ( s f ,tr County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the ling and service ofpleadings or other pap as required by law or rules ofcourt. Commencement of Action: S 0 Complaint El Writ of Summons xJ Petition Transfer from Another Jurisdiction E] Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: C HANOVER MANOR ASSOCIATES CUMBERLAND CO. BOARD OF ASSESSMENT APPE,& T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? CQ Yes El No O (check one) []outside arbitration limits ; N Is this a Class Action Suit? Yes E No. Is this an MDJAppeal ? >_.h Yes xi No i 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 Intentional Buyer Plaintiff Administrative Agencies El Malicious Prosecution Q Debt Collection: Credit Card ED Board of Assessment Q Motor Vehicle s? Debt. Collection: Other C =) Board of Elections 0 Nuisance 0 Dept. of Transportation Q Premises Liability El Statutory Appeal: Other S E] Product Liability (does not include mass tort) Employment Dispute: E Slander/Libel/ Defamation Discrimination C Q Other: F Employment Dispute: Other Q Zoning Board T 0 Other: I Q Other: O MASS TORT 0. Asbestos N E Tobacco Toxic Tort -DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste j Ejectment Common Law /Statutory Arbitration Other: 0 Eminent Domain/Condemnation Q Declaratory Judgment B Ground Rent Mandamus © Landlord/Tenant Dispute M Non - Domestic Relations f I Mortgage Foreclosure: Residential Restraining Order Dental 0 Mortgage Foreclosure: Commercial © Quo Warranto PROFESSIONAL LIABLITY Replevin Legal El uiet Title Q (� Other: El Medical Other: E] Other Professional: I Updated 1/1/2011 FRIEDMAN, SCHUMAN, APPLEBAUM, 0 1 Ti l:; = n NEMEROFF & McCAFFERY, P.C. BY: MICHAEL YANOFF, ESQUIRE L i ' 13 AN 110; 9 Attorney I.D. #19384 101 Greenwood Avenue, Fifth Floor r,U1 + - RERLAt4D COUNTY Jenkintown, PA 19046 PENNSYLVANIA (215) 690 -3827 IN RE: COURT OF COMMON PLEAS HANOVER MANOR ASSOCIATES CUMBERLAND COUNTY c/o The DePaul Group 1750 Walton Road Blue Bell, PA 19422 Petitioner Parcel No. 02 -20- 1800 -112 La- , 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, Hanover 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 Hanover Manor Associates, with an address located at 1750 Walton Road, Blue Bell, PA 19422. 2. Petitioner is the record owner of parcel number 02 -20- 1800 -112, 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. {Client Files /009722/00000/00541019.DOC;1 } n 12p 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: _ ichael Y ff, Es uire {Client Files /009722/00000/00541019.DOC;1 } 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 unsworn falsification to authorities. Date: v MICH L YA FF, SQUIRE ATTO PETITIONER {Client Files /009719/00000/00540299.DOC;1 } EXHIBIT "A" {Client Files /009722/00000/00541019.DOC;1 } 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 HANOVER MANOR ASSOCIATES Parcel Identifier: C/O AMERICNA COMMERICAL RE SVC 02 -20- 1800 -112. ATTN: A &T REALTY CAPITAL CORP PO BOX 167928 MAILING DATE: OCTOBER 16, 2013 IRVING TX 75016 -7928 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 ass "essment 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 2,832,300 2,832,300 TAX STATUS Taxable Taxable PROPERTY DESCRIPTION C &G STATUS Munic.: 02 - CARLISLE BORO 1ST WRD School: 3 - CARLISLE AREA SD MARKE -BASED ASSESSMENT Control Number: 02000119 Password for free Web Access: - CUHLRJAJ OLD NEW (My Property at CourthouseOnline.com /pa- cu -ao) Land 628,000 628,000 Improvements 2,204,300 2,204,300 TOTAL 2,832,300 2,832,300 Property Location: 100% of Market Value at 2010 Base Year Rates. 701 HANOVER MANOR -712 HANOVER MANOR & HEDERSON ST CLEAN AND GREEN (C &G) ASSESSMENT LAND APPROX 3 ACRES OLD NEW Land Size: 2.75 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: PATRICK J CALLAHAN (notc_a11L] ORIGINAL iLED-OFFICE FRIEDMAN, SCHUMAN,APPLEBAUM, ~'r THE PROTNo,jii 1AitiI NEMEROFF & McCAFFERY, P.C. BY: MICHAEL YANOFF, ESQUIRE 2013 NOV 19 ii `9: 23 Attorney I.D. #19384 CUMBERLAND COUNTY 101 Greenwood Avenue,Fifth Floor PENNSYLVANIA Jenkintown, PA 19046 (215) 690-3827 IN RE: COURT OF COMMON PLEAS HANOVER MANOR ASSOCIATES CUMBERLAND COUNTY c/o The DePaul Group •• 1750 Walton Road • Blue Bell, PA 19422 Petitioner Parcel No. 02-20-1800-112 V. NO. ' J-to / I 14' ti' CUMBERLAND COUNTY BOARD OF •• ASSESSMENT APPEALS One Courthouse Square, Room 107 • Carlisle, PA 17013 PRELIMINARY DECREE day r/VLVZ /L`�7 upon NOW, this ,� da of , 2013, u on consideration of 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 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 {Client Files/009722/00000/00541019.DOC;1} 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 owner is not the Appellant, be and are hereby entitled to intervene as parties Appellee. BY THE COURT: 41e- J. CCres L.( P2. & e rs[r_. 2A►3cistid._vP.Q ,9wisas Le_ Azga S L1 d-1- Voug-D`c £LeeA.J C:eynrn rsvbAERs Comer)Lsrrcrts cc� 2thael_crc ficsrsSnn sot r s eAl 09A? {Client Files/009722/00000/00541019.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 HANOVER MANOR ASSOCIATES, : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA Appellant • v. : NO. 13-6716 Civil n ter- CUMBERLAND COUNTY BOARD OF : ASSESSMENT APPEALS, - Appellee 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: —77 2/Y Respectfully submitted, Aor 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 HANOVER MANOR ASSOCIATES, : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA Appellant • • • v. : NO. 13-6716 Civil CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, g• • rn c ,;11 Appellees • • CA) iC.) C) • • CARLISLE AREA SCHOOL DISTRICT, : rya • r‘,a 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: 22 V.— 2 �- ' 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 HANOVER MANOR ASSOCIATES, : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA Appellant • v. : NO. 13-6716 Civil CUMBERLAND COUNTY BOARD OF : ASSESSMENT APPEALS, Appellee • • v. rn • c� :a CARLISLE AREA SCHOOL DISTRICT, : c tc- 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: 0.47' Ste." en D. Tile y, Esquire Y q 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