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Home My WebLink About13-6950 r"! Supreme C•C. 3_;,r u li Pit Pennsylvania COU f L t if a c I I i'leas For Prothonotary Use Only: C a • 4 14\,)rt ,.T � ,. � Docket No �S' j I CumberlanI` ; %7 :1 County i J, (J� S� j,} �- 1712 �� 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. Vi.µ I L1'° Commencement of Action: 0 Complaint 0 Writ of Summons ■:4 Petition ❑ Transfer from Another Jurisdiction 0 Declaration of Taking 41 DIX ;' Lead Plaintiffs Name: Lead Defendant's Name: Roadway Express Incorporated Cumberland County Board of Assessment Appeals r °t " Dollar Amount Requested: E3within arbitration limits ' Are money damages requested? 0 Yes i No (check one) 0 outside arbitration limits , k yew Is this a Class Action Suit? ❑Yes 0 No Is this an MDJAppeal? ❑ Yes El No t" ;. Name of Plaintiff/Appellant's Attorney: John C. Hyon, Esq. wig; �° t�"�s A" ❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) f Ria"+ 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 },i .4, you consider most important. �"Ps"»„'ir TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS °,ii 0 Intentional ❑Buyer Plaintiff Administrative Agencies 4y i3Oh ' 0 Malicious Prosecution 0 Debt Collection:Credit Card El Board of Assessment '� ' 0 Motor Vehicle ❑ Debt Collection:Other 0 Board of Elections r 0 Nuisance VIII Dept.of Transportation "� �tt5 0 Premises Liability U Statutory Appeal:Other f„ii�� o- 0 Product Liability(does not include wsz'� mass tort) 0 Employment Dispute: P sl ❑ Slander/Libel/Defamation Discrimination „ ,, Other: 0 Employment Dispute:Other El Zoning Board Other: T" ,,,a�Y ❑ Other: ,MriA MASS TORT 1 ,a 1 ❑ Asbestos 0 Tobacco i 014 0 Toxic Tort-DES ❑ Toxic Tort-Implant I�� r�� 0 Waste REAL PROPERTY MISCELLANEOUS } c',--t 0 Ejectment ❑ Common Law/Statutory Arbitration ❑ Other:31 0 Eminent Domain/Condemnation 0 Declaratory Judgment ", M� ❑Ground Rent 0 Mandamus ' 1, a 0 Landlord/Tenant Dispute Non-Domestic Relations �, 6' ❑Mortgage Foreclosure:Residential Restraining Order ' ` ' J, PROFESSIONAL LIABLITY ❑Mortgage Foreclosure:Commercial 0 Quo Warranto '00...,4" ..' ❑ Dental ❑Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: ❑ Medical 0 Other: +",` ❑ Other Professional: Updated 1/1/2011 John C.Hyon,Esq. `` ' t7 f Stavitsky&Associates LLC € �5 ,y 350 Passaic Ave i`1 9: J c Fairfield,New Jersey 07004 =s 'p,.f L ,. (973)227-1912 PENN y A cow, . r ATTORNEY FOR APPELLANT ROADWAY EXPRESS INCORPORATED, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Appellant, v. CIVIL ACTION-LAW • CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, MIDDLESEX NO. 13- Ip c1,56 out 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 Roadway Express Incorporated, 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: 1 a - 13 Signature:'/4%% % o C. 1 yon, Esq. ANN r r' John C.Hyon,Esq. J' Stavitsky&Associates LLC ,f i .�F 350 Passaic Ave �a�' Ci Fairfield,New Jersey 07004 ijivs:Th (973)227-1912 ATTORNEY FOR APPELLANT P E $vL V4 r IA ROADWAY EXPRESS INCORPORATED, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Appellant, v. CIVIL ACTION-LAW CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, MIDDLESEX NO. of CI U I TOWNSHIP AND THE CUMBERLAND ' g_ (0 c Sb VALLEY SCHOOL DISTRICT, Appellee. PETITION FOR ALLOWANCE OF APPEAL AND NOW COMES,Roadway Express Incorporated,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. Roadway Express Incorporated ("Appellant") is a business with an address of 1077 George Street,Akron,Ohio 44309. 2. The Subject Property is owned by Appellant Roadway Express Incorporated,and is located in Middlesex Township and Cumberland Valley School District at 100 Roadway Drive,Cumberland County, Pennsylvania,further identified as Tax Parcel No.: 21-07-0465-014 3. The Appellant filed an appeal to the Cumberland County Board of Assessment Appeals ("Board") contesting the Subject Property's assessment of$10,249,500. 4. On October 29,2013,the Board conducted a hearing of the assessment appeal. 5. On October 30,2013,the Board issued a "revised assessment" increasing the assessment of the Subject Property to $12,681,300. A true and correct Qom+ 10 .75!' &J 9)S9 g-ti- 6)018(190s copy of the Notice is attached hereto as Exhibit"A" and incorporated herein by reference. 6. The Board's assessment determination of October 29,2013 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 B : i,�/ JOH C. H •N, SQUIRE 50 Passaic • venue Fai 1- •, ' w Jersey 07004 (973) 227-1912 Pennsylvania Bar#310683 iiese '4010 EXHIBIT A Nftme vole 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 ROADWAY EXPRESS INCORPORATED Parcel Identifier: C/O JOHN C HYON, ESQ 21-07-0465-014. STAVITSKY & ASSOCIATES LLC 350 PASSAIC AVENUE MAILING DATE: OCTOBER 30, 2013 FAIRFIELD NJ 07004 APPEAL DEADLINE: NOVEMBER 29, 2013 BOARD OF ASSESSMENT APPEALS DECISION NOTICE - THIS IS NOT A TAX BILL This is a notice of a chancre 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 10,249,500 12,681,300 TAX STATUS Taxable Taxable PROPERTY DESCRIPTION C&G STATUS Munic. : 21 - MIDDLESEX TOWNSHIP School: 4 - CUMBERLAND VALLEY SD MARKET-BASED ASSESSMENT Control Number: 21001419 Password for free Web Access: CUQHVUXS OLD NEW (My Property at CourthouseOnline.com/pa-cu-ao) Land 6,573,200 6, 573,200 Improvements 3,676,300 6, 108, 100 TOTAL 10,249,500 12,681,300 Property Location: 100% of Market Value at 2010 Base Year Rates. 100 ROADWAY DRIVE CLEAN AND GREEN (C&G) ASSESSMENT LAND APPROX 164 ACRES OLD NEW Land Size: 164.33 acres Land N/A N/A Improvements N/A N/A TOTAL N/A N/A Property Type: C5 Commercial - General(Grp 5) 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 2, 431, 800 2, 431,800 TOTAL 2, 431, 800 2, 431, 800 Effects Future Billing Cycles Only q`�y ►�v - ' 2O3 C cc: ROADWAY EXPRESS INCORPORATED R„ CE v E® " �� i [notc_allL] CC: S I JOHN C. HYON,ESQ. Stavitsky&Associates LLC 350 Passaic Ave Fairfield,New Jersey 07004 (973)227-1912 ATTORNEY FOR APPELLANT ROADWAY EXPRESS INCORPORATED, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Appellant, v. CIVIL ACTION-LAW CUMBERLAND COUNTY BOARD OF CI u ASSESSMENT APPEALS, MIDDLESEX NO. J 3-(pg50 il TOWNSHIP AND THE CUMBERLAND VALLEY SCHOOL DISTRICT, Appellee. ORDER AND NOW, this Ft day of 7 , 2013, upon consideration of the foregoing petition, it is hereby order that a Pre-Trial Status conference will be held on)11ON 1 J , 201`fat �T.;�a.m./�filn. in Courtroom of the Cumberland County Courthouse. B RT: BY # : Honorable CI Iles aillEct.) 3,-. a; --I zrri rri � : » AZ J. 4 was (---) -TJ, ) -< co , rCn r^h213/13 — f/t.- `L• a. or . .y, -C. • T 1 E £H"fE FILED 8FFI ; John C.Hyon,Esq. �-°�^' KQ�� Stavitsky&Associates LLC AF1 350 Passaic Ave 2013 DEC 1 Fairfield,New Jersey 07004 6 PM 2: 38 (973)227-1912 CUHSERL A kin ATTORNEY FOR APPELLANT PENNS a COUNTY ROADWAY EXPRESS INCORPORATED, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Appellant, v. CIVIL ACTION-LAW CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, MIDDLESEX NO. 13-6950 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 Middlesex Township Solicitor Solicitor, 350 N. Middlesex Road Cumberland Valley School District Carlisle, Pennsylvania 17013 6746 Carlisle Pike anicsburg, Pennsylvania 17050 B : Ar0194 A ohn C. Hyo , Esq. 3 I Passaic ve Fair ie :, ew Jersey 07004 (973) 227-1912 Pennsylvania Bar#310683 Johnson, Duffle, Stewart&Weidner By: Mark C. Duffie I.D. No. 75906 Attorneys for Cumberland Valley School 301 Market Street District P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd @jdsw.com ROADWAY EXPRESS INCORPORATED, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Appellant, • CIVIL ACTION-LAW • v. • NO. 13-6950 CIVIL CUMBERLAND COUNTY BOARD OF , ASSESSMENT APPEALS, MIDDLESEX • - TOWNSHIP AND THE CUMBERLAND • rr = VALLEY SCHOOL DISTRICT, • Appellee • r Lr; r ORDER ,„ , AND NOW, this Az, day of January, 2014, upon consideration of the attached Motion for Continuance, it is hereby Ordered that the Pre-Trial Status Conference scheduled for Monda , Ja uary 6, 2014, at 9:30 a.m. in Courtroom No. 3 shall be rescheduled and held on , �- —, 2014 at cf'Idd afeir./p.m. in Courtroom No. 3 of the Cumberland County ourthouse. By •- ourt, J. ✓ C ansel for Appellant: John C.Hyon,Esquire,Stavitsky&Associates LLC,350 Passaic Avenue,Fairfield,NJ 07004 unsel for Board of Assessment Appeals:John G.French,Esquire,Solicitor for Cumberland County Board of Assessment Appeals, 1304 Oak Lane,New Cumberland,PA 17070 /Counsel for Middlesex Township: Keith O.Brenneman,Snelbaker&Brenneman,P.C.,44 West Main Street,Mechanicsburg,PA 17055 /Counsel for School District: Jerry R.Duffie,Esquire,301 Market Street,P.O.Box 109,Lemoyne,PA 17043-0109 :599241 /// (.//4.1 fes l'rtat 1-9-cL Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043 -0109 (717) 761 -4540 mcd @jdsw.com qP i CL 0 I ti.in J `f �. 7 Ili MAR 18 A11 I I: 08 CUI13ERLAND C O for Appellee, Cumberland Valley c ool District ROADWAY EXPRESS INCORPORATED, Appellant, v. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, MIDDLESEX TOWNSHIP AND THE CUMBERLAND VALLEY SCHOOL DISTRICT, Appellees : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 13 -6950 CIVIL STIPULATION AND JOINT MOTION FOR AGREED ORDER AND NOW, this 3rd day of March, 2014, it is hereby Agreed and Stipulated, by and between the Petitioner, Roadway Express Incorporated, by their attorneys, Stavitsky & Associates LLC; Respondent Cumberland County Board of Assessment Appeals, by and through its counsel, John G. French, Esquire, Assistant County Solicitor; Respondent, Cumberland Valley School District, by and through its counsel, Johnson, Duffie, Stewart & Weidner, P.C.; and Respondent, Middlesex Township, by its attorneys, Snelbaker & Brenneman, P.C., as follows: 1. Petitioner, Roadway Express Incorporated, filed a "Petition for Allowance of Appeal" on November 25, 2013. The Honorable Edward E. Guido, entered an Order of Court, dated December 3, 2013, scheduling a Pre -Trial Status Conference for January 6, 2014 to which contemporaneously herewith a joint request for a continuance was made in furtherance of this Stipulation and Joint Motion for Agreed Order. ;.. 2. The assessment appeal related to market value as of August 30, 2012, the date the Appeal was originally filed before the Board of Assessment Appeals, for year 2014, and subsequent years' taxes. The property which is the subject of this appeal consists of approximately 164.33 acres of land and improvements situate thereon operated by the Appellant, Roadway Express Incorporated. The property is further identified as Tax Parcel No.: 21 -07- 0465 -014. 3. The property was originally assessed for a value of $10,249,500.00. The Board of Assessment Appeals set a fair market value of the property at $12,681,300.00. The parties stipulate that the assessed value of the property as of the date the original appeal was filed before the Board of Assessment Appeals, to wit: August 30, 2012, and for all subsequent years is $10,249,500.00. 4. The allocation between land and improvements shall be allocated as it was prior to the appeal. 5. The Cumberland County Assessment Office shall promptly notify the appropriate taxing bodies of the change in assessment, and instruct the taxing bodies to make any appropriate refunds, if applicable. 6. Each party to this appeal shall bear its own cost. 7. The Court is requested to enter the proposed Order attached hereto. 8. The undersigned attorneys each hereby warrant to the other, and to the parties, and to the Court that he /she has reviewed this settlement Stipulation with his /her client or clients and that he /she has been specifically authorized to enter into the settlement Stipulation by his /her client or clients. . mw Dated: 3 /B /ft/ Respectfully Submitted, ROADWAY EXPRESS INCORPORATED y or App :•llant S avitsky & Ass • ciates LLC 350.8- -i -nue Fairfield, NJ 07004 CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS By: John . French, Esquire Assis ant Solicitor 1304 Oak Lane New Cumberland, PA 17070 MIDDLESEX TOWNSHIP By: Keith 0. Brenneman, Esquire Solicitor for Middlesex Township Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 CUMBERLAND VALL ' OOL DISTRICT By: jL ----- Jerry ' . Du- ie, Esguir Soli itor f• Cumberland Valley Sch •. i istrict Johnson Duffie Stewart & Weidner 301 Market Street Lemoyne, PA 17043 -0109 s Johnson, Duffie; Stewart&Weidner By: Mark C. Duffie I.D. No. 75906 Attorneys for Cumberland Valley School 301 Market Street District P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd @jdsw.com ROADWAY EXPRESS INCORPORATED, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Appellant, CIVIL ACTION-LAW V. NO. 13-6950 CIVIL CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, MIDDLESEX TOWNSHIP AND THE CUMBERLAND VALLEY SCHOOL DISTRICT, Appellees ORDER AND NOW, this AO4ay of March, 2014, upon Stipulation and Joint Motion for Agreed Order, it is Decreed and Stipulated that the assessed value of the property which is the subject of this Appeal as of the date of the original Petition to the Cumberland County Board of Assessment Appeals, to wit: August 30, 2012, and subsequent years, is $10,249,500.00. The Cumberland County Assessment Office shall allocate the said assessment between land and improvements as it was prior to the date of Petitioner's appeal. Further, the Cumberland County Assessment Office shall instruct the taxing bodies to make any refunds, if appropriate or applicable. Any such refunds shall be paid by the taxing districts to the taxpayer > _: a within ninety (90) days of the date of this Order. The said Stipulation and Joint Motion for Agreed Order is incorporated herein. By the rt, J. e C nsel for Appellant: John C.Hyon, Esquire,Stavitsky&Associates LLC,350 Passaic Avenue, Fairfield, NJ 07004 ounsel for Board of Assessment Appeals:John G. French,Esquire,Solicitor for Cumberland County Board of Assessment Appeals, � 1309 Bridge Street, New Cumberland,PA 17070 /"ounsel for Middlesex Township: Keith O. Brenneman,Snelbaker&Brenneman,P.C.,44 West Main Street,Mechanicsburg,PA 17055 ounsel for School District: Jerry R.Duffie,Esquire,301 Market Street, P.0.Box 109,Lemoyne,PA 17043-0109 :599219 _ 1