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HomeMy WebLinkAbout13-7021 Supreme Co nnsylvania Coll leas For Prothonotary Use Only: C i ` ! ^ t Docket No: C � Arian `� 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 qfpleadings or other papers as required by law or rules of court. Commencement of Action: S ❑ Complaint 0 Writ of Summons Petition E Q Transfer from Another Jurisdiction 0 Declaration of Taking cLead Plaintiff's Name: Lead Defendant's Name: T Pennsylvania-American Water Company Cumberland County Board of Assessment Appeals Dollar Amount Requested: ❑within arbitration limits I Are money damages requested? [3 Yes 0 No (check one) Doutside arbitration limits d N Is this a Class Action Suit? Q Yes 0 No Is this an MDJAppeal? El Yes El No A Name of Plaintiff/Appellant's Attorney: Thomas A. Bowen and Ambrose W. Heinz Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS © Intentional ®Buyer Plaintiff Administrative Agencies Malicious Prosecution 0 Debt Collection:Credit Card El Board of Assessment Motor Vehicle 0 Debt Collection:Other Board of Elections 0 Nuisance Dept.of Transportation Premises Liability Statutory Appeal:Other S [3 Product Liability (does not include El Employment Dispute: mass tort) Q Slander/Libel/Defamation Discrimination C 0 Other: Employment Dispute:Other E3 Zoning Board T:_ 0 Other: 1 0 Other: Q MASS TORT 0 Asbestos N El Tobacco E3 Toxic Tort-DES Q Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other; 13 Ejectment [3 Common Law/Statutory Arbitration Eminent Domain/Condemnation [3 Declaratory Judgment 0 Ground Rent Mandamus Landlord/Tenant Dispute Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY E3 Mortgage Foreclosure:Commercial 0 Quo Warranto Dental rl Partition Replevin Legal rl Quiet Title ( Other: 0 Medical E3 Other: 0 Other Professional: Doc 1270592 Updated 11112011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ,,,,, ,,,,,, � CIVIL ACTION—LAW CCUili PENNSYLVANIA-AMERICAN WATER COMPANY, Docket No. Appellant Type: Real Estate Tax Assessment Appeal V. Property: 852 Wesley Drive Lower Allen Township CUMBERLAND COUNTY BOARD OF Parcel No. 13-09-0545-011-PU ASSESSMENT APPEALS, Filed on Behalf of: Respondent. Pennsylvania-American Water Company Counsel of Record for this Party: Thomas A. Bowen, Esquire Attorney I.D. No. 53133 Phone: (717) 255-7363 Fax: (610) 371-7391 Email: tabgstevenslee.com Ambrose W. Heinz, Esquire Attorney I.D. No. 91021 Phone: (717) 255-7377 Fax: (610) 371-7394 Email: awhgstevenslee.com Stevens & Lee, P.C. 17 North Second Street, 16th Floor Harrisburg, PA 17101 SL 1 12710260 101575.00077 a 6) �� o0 x IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW PENNSYLVANIA-AMERICAN WATER COMPANY, Docket No. Appellant Type: Real Estate Tax Assessment Appeal V. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Respondent. PETITION AND APPEAL FROM DECISION OF THE CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS To the Honorable Judges of the Court of Common Pleas of Cumberland County: Pennsylvania-American Water Company ("Appellant"),through its counsel Thomas A. Bowen, Esq. and Ambrose W. Heinz, Esq. of Stevens & Lee, hereby files the within Real Estate Tax Assessment Appeal (the "Appeal") averring as follows: 1. This Court has jurisdiction over this appeal pursuant to the Consolidated County Assessment Law, 53 Pa.C.S. § 8854,the Judicial Code, 42 Pa. C.S. § 933 the Local Agency Law, 2 Pa. C.S. § 752 and the Public Utility Realty Tax Act, 72 P.S. § 8105-A. 2. Appellant is Pennsylvania-American Water Company, a Pennsylvania public utility that provides water supply services throughout Pennsylvania. Appellant maintains its principal office in Hershey, Pennsylvania. Appellant's mailing address is 800 West Hersheypark Drive, Hershey, PA 17033. 1 SL 1 1271026v 1 101575.00077 3. Respondent is the Cumberland County Board of Assessment Appeals (`Board"), with its offices located at 1 Courthouse Square, Room 107, Carlisle, Pennsylvania 17013. 4. This appeal involves parcel number 13-09-0545-011-PU, which is located in Lower Allen Township at 852 Wesley Drive in Cumberland County(the "Property"). 5. The names and addresses of all taxing authorities with respect to the Property are as follows: (a) Cumberland County, 1 Courthouse Square, Carlisle, PA 17013. (b) Lower Allen Township, 2233 Gettysburg Road, Camp Hill, PA 17011. (c) West Shore School District, 507 Fishing Creek Road,New Cumberland, PA 17070. 6. The assessed value of the Property is $2,050,300. 7. The Property is classified as "utility reality" as defined in Section 1101-A of the Public Utility Realty Tax Act("PURTA"), 72 P.S. § 8101-A. 8. On or about August 30, 2013, Appellant timely appealed a PURTA tax assessment of the Property for the 2014 tax year. 9. On October 29, 2013, the Board held a hearing on the aforesaid appeal. 10. On October 30, 2013, the Board gave notice of its decision, making no change to the assessed value,taxable status or PURTA classification of the Property. A copy of the Board's 2 SL 1 1271026v 1 101575.00077 decision was mailed to Appellant on October 30, 2013. A true and correct copy of the Board's decision is attached as Exhibit A. 11. Appellant objects to the Board's decision for the following reasons: (a) The assessed value of the Property determined by the Board is unreasonably high, improper, unjust and contrary to law since it results in a market value that is greater than the Property's actual market value. (b) Appellant's easements, poles,pipes and water distribution lines on the Property are exempt from tax under PURTA. 72 P.S. § 8101-A(3)(i) & (iii). (c) Appellant's machinery and equipment on the Property are excluded from tax under PURTA, 72 P.S. § 8101-A(3), and from local real estate taxation. 53 Pa.C.S. § 8811(b)(1). 12. Appellant is aggrieved by the action of the Board and the Assessment of the Property. WHEREFORE, Appellant respectfully requests that this Honorable Court hold a de novo hearing regarding this appeal and: (a) Reduce the assessed value of the Property for the 2014 tax year; (b) Determine the Appellant's easements,poles, pipes and water distribution lines are exempt from tax under PURTA; (c) Determine that Appellant's machinery and equipment on the Property are excluded from the PURTA tax and from local real estate taxation; 3 SL 1 1271026v 1 101575.00077 (d) Direct the Board to pay the costs of this appeal and hearing; and (e) Grant such other relief as this Court finds just and equitable. Respectfully submitted, Thomas A. Bowen, Esquire Attorney I.D. No. 53133 Ambrose W. Heinz, Esquire Attorney I.D.No. 91021 Stevens & Lee, P.C. 17 N. Second Street, 16th Floor Harrisburg, Pennsylvania 17101 Phone: (717) 255-7363 Email: tab @stevenslee.com Dated: November A�,-2013 Counsel for Appellant 4 SL 1 1271026v 1 101575.00077 VERIFICATION 1, SETH A.MENDELSOHN, hereby verify that I am authorized to make this verification, and that the facts set forth in the foregoing Petition and Appeal are true and correct to the best of my knowledge,information and belief. This verification is further made subject to the penalties set forth in 18 Pa.C.S. §4904,relating to unsworn falsifications to authorities. Pennsylvania-American Water Company By:'e -� C. Name: Seth A.Mendelsohn Title: Corporate Counsel Dated: 14 11/2012013 SLI 1.270720vi 101575.00077 EXHIBIT A 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 PENNA-AMERICAN WATER COMPANY Parcel Identifier: C/O THOMAS A BOWEN, ESQ 13-09-0545-011.-PU STEVENS & LEE 17 N SECOND STREET, 16TH FLOOR MAILING DATE: OCTOBER 30, 2013 HARRISBURG PA 17101 APPEAL DEADLINE: NOVEMBER 29, 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 2,050,300 2,050,300 TAX STATUS Tax Exempt Tax Exempt PROPERTY DESCRIPTION CMG STATUS Munic. : 13 - LOWER ALLEN TOWNSHIP School: 9 - WEST SHORE SD MARKET-BASED ASSESSMENT Control Number: 13000015 Password for free Web Access: CUFGHJKA OLD NEW (My Property at CourthouseOnline.com/pa-cu-ao) Land 654, 400 654, 400 Improvements 1,395, 900 1,395, 900 TOTAL 2,050,300 2,050,300 Property Location: 100% of Market Value at 2010 Base Year Rates. 852 WESLEY DRIVE CLEAN AND GREEN (C&G) ASSESSMENT LOT 2 PB 49 PG 35 Unit/Lot ID: L-0002 OLD NEW Land Size: 6.36 acres Land N/A N/A Improvements N/A N/A TOTAL N/A N/A Property Type: U Utility-Exempt From RE Tax 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: PENNA-AMERICAN WATER COMPANY [notc_allLJ CC: CERTIFICATE OF SERVICE I, Thomas A. Bowen, Esquire, certify that on this date, I served a certified true and correct copy of the foregoing Real Estate Tax Assessment Appeal of Pennsylvania-American Water Company, upon the following by first class mail,postage prepaid and by certified mail, return receipt requested, addressed as follows: Cumberland County Board of Assessment Appeals 1 Courthouse Square Carlisle, PA 17013 County of Cumberland 1 Courthouse Square Carlisle, PA 17013 Lower Allen Township 2233 Gettysburg Road Camp Hill, PA 17011 West Shore School District 507 Fishing Creek Road New Cumberland, PA 17070 Date: November 2013 Thomas A. Bowen SL 1 12710260 101575.00077 PENNSYLVANIA-AMERICAN IN THE COURT OF COMMON PLEAS OF WATER COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA Appellant V. CIVIL ACTION—LAW CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Appellee NO. 13-7021 CIVIL TERM IN RE: PETITION AND APPEAL FROM DECISION OF THE CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS ORDER OF COURT AND NOW, this 4h day of December, 2013, upon consideration of the Petition and Appeal from Decision of the Cumberland County Board of Assessment Appeals, a hearing is scheduled for Monday, April 14, 2014, at 9:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Christyl e L. Peck, J. Thomas A. Bowen, Esq. Ambrose W. Heinz, Esq. Stevens & Lee, P.C. c 17 North Second Street, 16`x' Fl. ,{ , Harrisburg, PA 17101 Attorneys for Appellant . r== .' ..,Xoard of Assessment Appeals -T of Cumberland County --' 1 Courthouse Square ; Room 107 Carlisle, PA 17013 ounty of Cumberland 1 Courthouse Square Carlisle, PA 17013 ilver Spring Township 8 Flowers Drive Mechanicsburg, PA 17050 Cumberland Valley School District 6746 Carlisle Pike Mechanicsburg, PA 17050 :rc PENNSYLVANIA-AMERICAN : IN THE COURT OF COMMON PLEAS OF WATER COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Appellant v. : CIVIL ACTION—LAW rn ' Caw._. CUMBERLAND COUNTY • c„r _.. , BOARD OF ASSESSMENT • �? `°'' aY, APPEALS, : { 3,„ 34 Appellee : NO. 13-7020 CIVIL TERM =c) ******************* PENNSYLVANIA-AMERICAN : IN THE COURT OF COMMON PLEAS OF WATER COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Appellant v. : CIVIL ACTION—LAW CUMBERLAND COUNTY • BOARD OF ASSESSMENT • APPEALS, • Appellee : NO. 13-7021 CIVIL TERM IN RE: PETITIONS AND APPEALS FROM DECISION OF THE CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS AMEENDED ORDER OF COURT AND NOW, this 11th day of December, 2013, the prior Orders in the above- captioned matters are hereby amended as follows: At Docket No. 2013-7020, the Order dated December 5, 2013, is hereby amended to reflect that the hearing will be scheduled for Monday, April 14, 2013, at 9:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. This change in scheduling time and courtroom change is to facilitate hearing both cases currently before the Courts at the same time. The amendment further reflects changes to the distribution list to the correct parties for Docket No. 13-7021. BY THE COURT, eltz„ _ -, ifile/C,_ Christ le L Y L. Peck J. Distribution: No. 13-7020 ,fhomas A. Bowen, Esq. Ambrose W. Heinz, Esq. Stevens & Lee, P.C. 17 North Second Street, 16th Fl. Harrisburg, PA 17101 Attorneys for Appellant onnie Mahoney Chief Assessor Board of Assessment Appeals of Cumberland County 1 Courthouse Square Room 107 Carlisle, PA 17013 in G. French, Esq. County of Cumberland 1 Courthouse Square Carlisle, PA 17013 Solicitor . Srflver Spring Township 8 Flowers Drive Mechanicsburg, PA Alimberland Valley School District 6746 Carlisle Pike Mechanicsburg, PA 17050 C o «.s 024<LEL /204/3 flfl • Distribution No. 13-7021 .-�homas A. Bowen, Esq. / Ambrose W. Heinz, Esq. Stevens & Lee, P.C. 17 North Second Street, 16th Fl. Harrisburg, PA 17101 Attorneys for Appellant .vElonnie Mahoney Chief Assessor Board of Assessment Appeals of Cumberland County 1 Courthouse Square Room 107 Carlisle, PA 17013 �ohn G. French, Esq. County of Cumberland 1 Courthouse Square Carlisle, PA 17013 Solicitor F ower Allen Township 2233 Gettysburg Road Camp Hill, PA 17011 est Shore School District 507 Fishing Creek Road New Cumberland, PA 17070 :re ?IS t tl *43 -111 4 IN THE COURT OF THE COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW PENNSYLVANIA-AMERICAN • WATER COMPANY, • 2013-7021 CIVIL TERM Appellant • Type: Real Estate Tax Assessment • Appeal • Property: 852 Wesley Drive • Lower Allen Township vs. • Parcel No. 13-09-0545-011-PU • c -la , - - CUMBERLAND COUNTY BOARD OF : ASSESSMENT APPEALS, o, r-% • -cO 22, . -t1 Respondent • ° r' z co PETITION TO INTERVENE OF LOWER ALLEN TOWNSHIP { r 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, Pennsylvania-American Water Company, owns the property at 852 Wesley Drive, Camp Hill, (the"Property") in Lower Allen Township. 3. Appellant filed a tax assessment appeal to this Honorable Court and seeks 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: 4 By: / r Steve i P. Miner, Esquire Attorney I.D. No. 38901 635 North 12th Street, Suite 101 Lemoyne, PA 17043 Phone: (717) 724-9821 IN THE COURT OF THE COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION-LAW PENNSYLVANIA-AMERICAN 1.$ WATER COMPANY, 2013-0419 CIVIL TERM • Appellant Type: Real Estate Tax Assessment • Appeal Property: 852 Wesley Drive Lower Allen Township vs. Parcel No. 13-09-0545-011-PU • • CUMBERLAND COUNTY BOARD OF : ASSESSMENT APPEALS, • • Respondent VERIFICATION PURSUANT TO 18 PA C.S.84909 T, Thomas G. Vernau, hereby certify that I am Township Manager of Lower Allen 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 unworn falsification to authorities. Thomas G.V wnship Manager Lower Allen Township Dated: 7 7 /I IN THE COURT OF THE COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW PENNSYLVANIA-AMERICAN • WATER COMPANY, • 2013-7021 CIVIL TERM Appellant • Type: Real Estate Tax Assessment • Appeal • Property: 852 Wesley Drive • Lower Allen Township vs. • Parcel No. 13-09-0545-011-PU • • C) 't.: CUMBERLAND COUNTY BOARD OF • z rn r ASSESSMENT APPEALS, c„r j • <C) =-71 Respondent • zf 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: l /?//1 By: Steve, P. Miner, Esquire Attorney I.D.No. 38901 635 North 12th Street, Suite 101 Lemoyne, PA 17043 Phone: (717) 724-9821 Email: sminer@dzmmlaw.com IN THE COURT OF THE COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION-LAW PENNSYLVANIA-AMERICAN WATER COMPANY, 2013-7021 CIVIL TERM • Appellant Type: Real Estate Tax Assessment • Appeal • Property: 852 Wesley Drive Lower Allen Township vs. • Parcel No. 13-09-0545-011-PU • • • • CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, • • Respondent CERTIFICATION OF SERVICE I, Steven P. Miner, Esquire, certify that on t ,' I served via United States Mail a true and correct copy of the forgoing Entry of Appearance on behalf of Lower Allen Township: Edward L. Schorpp, Esquire Thomas A. Bowen, Esquire Cumberland County Solicitor Attorney I.D. No.: 53133 35 South Thrush Drive Stevens& Lee. P.C. Carlisle, PA 17013-7652 17 North Second Street, 16th Floor Attorney for Cumberland County Harrisburg, PA 17101 Phone: (717) 255-7363 Philip H. Spare, Solicitor Fax: (610) 371-7391 Stock and Leader LLP Email: tab @stevenslee.com 221 W. Philadelphia Street, Suite E-600 Attorney for Appellant York, PA 17401-2994 Attorneys for West Shore School District Ambrose W. Heinz, Esquire Attorney I.D. No. 91021 John G. French, Solicitor Stevens & Lee, P.C. 1304 Oak Lane 17 North Second Street, 16th Floor New Cumberland, PA 17070 Harrisburg, PA 17101 Attorneys for Cumberland County Phone: (717) 255-7377 Fax: (610) 371-7394 Attorney for Appellant Respectfully Submitted, DALEY ZUCKER MEILTON & MINER,LLC l U By: Steven P Miner, Esquire Attorney I.D.No. 38901 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 Phone: (717) 724-9821 Email: sminer @dzmmlaw.com IN THE COURT OF THE COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION- LAW PENNSYLVANIA-AMERICAN • WATER COMPANY, • 2013-7021 CIVIL TERM Appellant • Type: Real Estate Tax Assessment • Appeal • Property: 852 Wesley Drive ▪ Lower Allen Township vs. • Parcel No. 13-09-0545-011-PU • • • c rn CO CUMBERLAND COUNTY BOARD OF : ` ` •ASSESSMENT APPEALS, : „t— a� • -<P. CT' C2 on Res dent : 12" Respondent C CERTIFICATION OF SERVICE -� I, Steven P. Miner, Esquire, certify that on /77/1 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 Thomas A. Bowen, Esquire Cumberland County Solicitor Attorney I.D. No.: 53133 35 South Thrush Drive Stevens& Lee. P.C. Carlisle, PA 17013-7652 17 North Second Street, 16th Floor Attorney for Cumberland County Harrisburg, PA 17101 Phone: (717)255-7363 Philip H. Spare, Solicitor Fax: (610) 371-7391 Stock and Leader LLP Email: tab @stevenslee.com 221 W. Philadelphia Street, Suite E-600 Attorney for Appellant York, PA 17401-2994 Attorneys for West Shore School District Ambrose W. Heinz, Esquire Attorney I.D. No. 91021 John G. French, Solicitor Stevens& Lee, P.C. 1304 Oak Lane 17 North Second Street, 16th Floor New Cumberland, PA 17070 Harrisburg, PA 17101 Attorneys for Cumberland County Phone: (717) 255-7377 Fax: (610) 371-7394 Attorney for Appellant Respectfully Submitted, DALEY ZUCKER MEILTON & INER,LLC By: / r Steven Miner, Esquire Attorney I.D. No. 38901 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 Phone: (717) 724-9821 Email: sminer @dzmmlaw.com 2°111 JAN 10 P1 2:Or ERLANo T'' PENNSYLVANIA-AMERICAN • IN THE COURT OF COMMON PLEAS WATER COMPANY, • OF CUMBERLAND COUNTY, Appellant PENNSYLVANIA v. •• THE BOARD OF ASSESSMENT • No.: 13-7021 CIVIL TERM APPEALS OF CUMBERLAND COUNTY, . Appellee Real Estate Tax Assessment Appeal • • and • WEST SHORE SCHOOL DISTRICT, • Intervener . 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, S CK AND LEADER Date: ib/,cz By: X, Philip . Spare, 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 0128084- • PENNSYLVANIA-AMERICAN IN THE COURT OF COMMON PLEAS WATER COMPANY, OF CUMBERLAND COUNTY, Appellant PENNSYLVANIA • v. • THE BOARD OF ASSESSMENT No.: 13-7021 CIVIL TERM APPEALS OF CUMBERLAND COUNTY, . Appellee Real Estate Tax Assessment Appeal • • and • • WEST SHORE SCHOOL DISTRICT, Intervener . CERTIFICATE OF SERVICE AND NOW, this 0114. day of J J2 f% 'i'J , 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: Thomas A. Bowen,Esquire Steven P. Miner,Esquire Ambrose W. Heinz,Esquire Daley,Zucker,Meilton&Miner,LLC Stevens&Lee,PC 635 N. 12t1 St., Suite 101 17 N. Second St., 16th Fir. Lemoyne, PA 17043 Harrisburg, PA 17101 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 B fig)/AC .y , Date Philip H. pare, 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 0128084- 4 IN THE COURT OF THE COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW PENNSYLVANIA-AMERICAN • WATER COMPANY, • 2013-7021 CIVIL TERM Appellant • Type: Real Estate Tax Assessment • Appeal • Property: 852 Wesley Drive • Lower Allen Township vs. • Parcel No. 13-09-0545-011-PU • • r 7 t 2 CUMBERLAND COUNTY BOARD OF : ASSESSMENT APPEALS, -<1 • C Respondent • =c� c CERTIFICATE OF CONCURRENCE A I, Steven P. Miner, Esquire, counsel for Lower Allen Township have contacted Thomas A. Bowen, Esquire, counsel, for the Appellant and he concurs with the Petition to Intervene of Lower Allen Township. Respectfully Submitted, DALEY ZUCKER MEILTON & MINER, LLC Date: ( 1'1 By: Steven/. Miner, Esquire Attorney I.D. No. 38901 635 North 12th Street, Suite 101 Lemoyne, PA 17043 Phone: (717) 724-9821 Email: sminer @dzmmlaw.com IN THE COURT OF THE COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION- LAW • PENNSYLVANIA-AMERICAN . WATER COMPANY, 2013-7021 CIVIL TERM Appellant Type: Real Estate Tax Assessment . Appeal Property: 852 Wesley Drive : Lower Allen Township vs. Parcel No. 13-09-0545-011-PU • • CUMBERLAND COUNTY BOARD OF : ASSESSMENT APPEALS, . • Respondent . CERTIFICATIO OF SERVICE I, Steven P. Miner, Esquire, certify that on ( 2I(I'7 I served via United States Mail a true and correct copy of the forgoing Cert ficate of Concurrence on behalf of Lower Allen Township: Edward L. Schorpp, Esquire Thomas A. Bowen, Esquire Cumberland County Solicitor Attorney I.D.No.: 53133 35 South Thrush Drive Stevens& Lee. P.C. Carlisle, PA 17013-7652 17 North Second Street, 16th Floor Attorney for Cumberland County Harrisburg, PA 17101 Phone: (717) 255-7363 Philip H. Spare, Solicitor Fax: (610) 371-7391 Stock and Leader LLP Email: tab @stevenslee.com 221 W. Philadelphia Street, Suite E-600 Attorney for Appellant York, PA 17401-2994 Attorneys for West Shore School District Ambrose W. Heinz, Esquire Attorney I.D.No. 91021 John G. French, Solicitor Stevens& Lee, P.C. 1304 Oak Lane 17 North Second Street, 16th Floor New Cumberland, PA 17070 Harrisburg, PA 17101 Attorneys for Cumberland County Phone: (717) 255-7377 Fax: (610) 371-7394 Attorney for Appellant Respectfully Submitted, DALEY ZUCKER MEILTONA MINER,LLC By: Stev P. Miner, Esquire Att ey I.D. No. 38901 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 Phone: (717) 724-9821 Email: sminer @dzmmlaw.com PENNSYLVANIA-AMERICAN IN THE COURT OF COMMON PLEAS OF WATER COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION—LAW CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Defendant NO. 13-7021 CIVIL TERM IN RE: PETITION TO INTERVENE ORDER OF COURT AND NOW, this 6t` day of February, 2014, upon consideration of Lower Allen Township's Petition To Intervene and Thomas A. Bowen, Esquire, counsel for the Appellant having concurred in the petition to intervene, it is hereby ordered that Lower Allen Township is granted leave to intervene in this matter. BY THE COURT, Christy ee L. Peck, J. Edward L. Schorpp, Esq. 35 Thrush Drive Carlisle, PA 17013-7652 Attorney for Cumberland County Philip H. Spare, Esq. _ 221 W. Philadelphia Street MCD Suite E-600 York, PA 17401-2994 -<> --► Attorney for West Shore School Board CD —G can John G. French, Esq. 1304 Oak Lane New Cumberland, PA 17070 Attorney for Cumberland County Board of Assessment Appeals - Thomas A. Bowen, Esq. Ambrose W. Heinz,Esq. 17 North Second Street, 16`"Floor Harrisburg, PA 17101 Attorneys for Appellant even P. Miner, Esq. 635 North 12'h Street Suite 101 Lemoyne, PA 17043 Attorney for Lower Allen Township :rc I& t72.,b LL oZ 7�iy John G. French, Esquire Solicitor for Cumberland County Board of Assessment Appeals 1 Courthouse Square, Room 107 Carlisle, Pennsylvania 17013 APP, I 0 P%i L;1 EF LAI-:D C 'LINTY PENNSYLVANIA Supreme Court I.D. No.90788 PENNSYLVANIA - AMERCIAN WATER COMPANY, Appellant v. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Respondent Parcel Nos. 38 -07 -0459- 011 -PU and 13 -09- 0545 - 011 -PU Tel: 717- 759 -5297 : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : CIVIL NOS. 13 -7020 and 13 -7021 MOTION FOR CONTINUANCE AND NOW, comes the Respondent, Cumberland County Board of Assessment Appeals, and files this Motion for Continuance of which the following is a statement: Movant is the Cumberland County Board of Assessment Appeals, Respondent in the above - captioned matter. 2. On or about November 25, 2013, Petitioner, Pennsylvania- American Water Company, filed two Petitions for Allowance of Appeal from Decisions of the Cumberland County Board of Assessment Appeals. Motion for Continuance 3. On December 4, 2013, the Court, by the Honorable Christylee Peck, entered an Order for docket number 13 -7021, scheduling a hearing for Monday, April 14, 2014. 4. On December 5, 2013, the Court, by the Honorable Thomas A. Placey, entered an Order for docket number 13 -7020, scheduling a hearing for Wednesday, April 16, 2014. 5. On December 11, 2013, the Court, by the Honorable Christylee Peck, entered an Order for docket number 13 -7020, amending an earlier Order and scheduling a hearing for Monday, April 14, 2014, so that docket numbers 13 -7020 and 13 -7021 could be heard together. 6. Movant, Cumberland County Board of Assessment Appeals, desires to coordinate with the taxing bodies for the retention of an expert appraiser to provide an appraisal report and expert testimony for the hearing, but is unable to have this accomplished by the hearing date of April 14, 2014. 7. Appellant, Pennsylvania- American Water Company, is similarly situated and anticipates the need to retain an expert appraiser to provide an appraisal report and expert testimony for the hearing. 8. Appellant and Respondent also anticipate the possible pre- hearing resolution of certain of the issues that are presently before the Court and desire the opportunity to confer toward that end. 9. Movant, Cumberland County Board of Assessment Appeals, requested that the Petitioner, Pennsylvania- American Water Company, concur in this request for a continuance, and Petitioner has elected to concur in that request. Motion for Continuance 2 10. Al! intervening parties have also concurred in this request for a continuance. 11. The parties are significantly far apart in their valuation of the property. In addition to assisting the Movant and the taxing bodies in preparing for trial, the preparation of an appraisal by an outside expert may assist the parties in settlement negotiations. 12. In order to allow the parties to properly prepare for the haring, and in order to allow time for the possibility of pre-hearing resolution of certain of the issues in the above captioned cases, it is respecffully requested that this Court grant a general continuance to allow the parties to develop their evidence for the hearing, and attempt to settle the case. WHEREFORE, Movant, Cumberland County Board of Assessment Appeals, prays Your Honorable Court for an Order cancelling the hearing presently scheduled for April 14, 2014, and grant a general continuance in the above captioned case. Dated: April 8, 2014 Respectfully submitted, By F17-7-7 John G. French, Esquire Solicitor for Cumberland County Board of Assessment Appeals 1 Courthouse Square, Room 107 Carlisle, PA 17013 (717) 759-5297 Supreme Court LD.#90788 Motion for Continuance 3 John G. French, Esquire Solicitor for Cumberland County Board of Assessment Appeals 1 Courthouse Square Carlisle, Pennsylvania 17013 Supreme Court I.D. No. 90788 Tel: 717- 759 -5297 PENNSYLVANIA - AMERCIAN WATER COMPANY, Appellant v. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Respondent Parcel Nos. 38 -07- 0459 - 011 -PU and 13 -09- 0545 - 011 -PU : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : CIVIL NOS. 13 -7020 and 13 -7021 • • • CERTIFICATE OF SERVICE hereby certify that on April 8, 2014, a true and correct copy of the foregoing Respondent's Motion for Continuance was served by means of United States Mail, postage prepaid, to the attorneys /parties of record as follows: Thomas A. Bowen, Esquire Attorney for Appellant Stevens & Lee, P.C. 17 North Second Street, 16th Floor Harrisburg, PA 17101 Steven A. Stine, Esquire Solicitor for Silver Spring Township 23 Waverly Drive Hummelstown, PA 17036 Steven P. Miner, Esquire Solicitor for Lower Allen Township Daly, Zucker, Meilton, Miner & Gingrich, LLC 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 Mark C. Duffle, Esquire Solicitor for Cumb. Valley School District Johnson, Duffle, Stewart & Weidner, P. C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Philip H. Spare, Esquire Attorney for West Shore School District Stock and Leader Susquehanna Commerce Center East, Suite E600 221 West Philadelphia Street York, PA 17401 Dated: April 8, 2014 Respectfully submitted, By John French, Esquire 2 John G. French, Esquire Solicitor for Cumberland County Board of Assessment Appeals 1309 Bridge Street New Cumberland, Pennsylvania 17070 Supreme Court I.D. No.90788 Tel: 717- 759 -5297 PENNSYLVANIA - AMERCIAN WATER COMPANY, v. Appellant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA • : CIVIL ACTION - LAW CUMBERLAND COUNTY . • BOARD OF ASSESSMENT . APPEALS, CIVIL NOS. 13 -7020 and 13-701 • fir} G:➢ Respondent F C-1 • • Parcel Nos. 38 -07- 0459 - 011 -PU and . 13 -09- 0545 - 011 -PU ORDER OF COURT AND NOW, this /tik day of April, 2014, upon consideration of the Motion for Continuance filed by the Respondent, Cumberland County Board of Assessment Appeals, the hearing in the above - captioned matter scheduled for April 14, 2014 is CANCELLED and the matter is continued generally, at the call of any party. By the Court, • - John G. French, Esquire Solicitor for Cumberland County Board of Assessment Appeals 1 Courthouse Square, Room 107 Carlisle, Pennsylvania 17013 "." ,L_Lt I r-Zr f Cti 11/4 204 APR 10 PM 1:Q3 .3UMBERLA1,10 COUNTY PENNSYLVANIA Supreme Court I.D. No.90788 PENNSYLVANIA-AMERCIAN WATER COMPANY, v. Appellant CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Respondent Tel: 717-759-5297 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : CIVIL NOS. 13-7020 and 13-7021 Parcel Nos. 38-07-0459-011-PU and 13-09-0545-011-PU MOTION FOR CONTINUANCE AND NOW, comes the Respondent, Cumberland County Board of Assessment Appeals, and files this Motion for Continuance of which the following is a statement: 1. Movant is the Cumberland County Board of Assessment Appeals, Respondent in the above-captioned matter. 2. On or about November 25, 2013, Petitioner, Pennsylvania-American Water Company, filed two Petitions for Allowance of Appeal from Decisions of the Cumberland County Board of Assessment Appeals. Motion for Continuance 1 3. On December 4, 2013, the Court, by the Honorable Christylee Peck, entered an Order for docket number 13 -7021, scheduling a hearing for Monday, April 14, 2014. 4. On December 5, 2013, the Court, by the Honorable Thomas A. Placey, entered an Order for docket number 13 -7020, scheduling a hearing for Wednesday, April 16, 2014. 5. On December 11, 2013, the Court, by the Honorable Christylee Peck, entered an Order for docket number 13 -7020, amending an earlier Order and scheduling a hearing for Monday, April 14, 2014, so that docket numbers 13 -7020 and 13 -7021 could be heard together. 6. Movant, Cumberland County Board of Assessment Appeals, desires to coordinate with the taxing bodies for the retention of an expert appraiser to provide an appraisal report and expert testimony for the hearing, but is unable to have this accomplished by the hearing date of April 14, 2014. 7. Appellant, Pennsylvania- American Water Company, is similarly situated and anticipates the need to retain an expert appraiser to provide an appraisal report and expert testimony for the hearing. 8. Appellant and Respondent also anticipate the possible pre- hearing resolution of certain of the issues that are presently before the Court and desire the opportunity to confer toward that end. 9. Movant, Cumberland County Board of Assessment Appeals, requested that the Petitioner, Pennsylvania- American Water Company, concur in this request for a continuance, and Petitioner has elected to concur in that request. Motion for Continuance 2 • 10. All intervening parties have also concurred in this request for a continuance. 11. The parties are significantly far apart in their valuation of the property. In addition to assisting the Movant and the taxing bodies in preparing for trial, the preparation of an appraisal by an outside expert may assist the parties in settlement negotiations. 12. In order to allow the parties to properly prepare for the hearing, and in order to allow time for the possibility of pre-hearing resolution of certain of the issues in the above captioned cases, it is respectfully requested that this Court grant a general continuance to allow the parties to develop their evidence for the hearing, and attempt to settle the case. WHEREFORE, Movant, Cumberland County Board of Assessment Appeals, prays Your Honorable Court for an Order cancelling the hearing presently scheduled for April 14, 2014, and grant a general continuance in the above captioned case. Dated: April 8, 2014 Respectfully submitted, By /1—z—ft,e■ee John G. French, Esquire Solicitor for Cumberland County Board of Assessment Appeals 1 Courthouse Square, Room 107 Carlisle, PA 17013 (717) 759-5297 Supreme Court I.D.#90788 Motion for Continuance 3 John G. French, Esquire Solicitor for Cumberland County Board of Assessment Appeals 1 Courthouse Square Carlisle, Pennsylvania 17013 Supreme Court I.D. No. 90788 Tel: 717- 759 -5297 PENNSYLVANIA - AMERCIAN WATER COMPANY, Appellant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Respondent Parcel Nos. 38 -07- 0459 - 011 -PU and 13 -09- 0545 - 011 -PU : CIVIL ACTION - LAW : CIVIL NOS. 13 -7020 and 13 -7021 • CERTIFICATE OF SERVICE hereby certify that on April 8, 2014, a true and correct copy of the foregoing Respondent's Motion for Continuance was served by means of United States Mail, postage prepaid, to the attorneys /parties of record as follows: Thomas A. Bowen, Esquire Attorney for Appellant Stevens & Lee, P.C. 17 North Second Street, 16th Floor Harrisburg, PA 17101 Steven A. Stine, Esquire Solicitor for Silver Spring Township 23 Waverly Drive Hummelstown, PA 17036 Steven P. Miner, Esquire Solicitor for Lower Allen Township Daly, Zucker, Meilton, Miner & Gingrich, LLC 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 Mark C. Duffie, Esquire Solicitor for Cumb. Valley School District Johnson, Duffle, Stewart & Weidner, P. C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Philip H. Spare, Esquire Attorney for West Shore School District Stock and Leader Susquehanna Commerce Center East, Suite E600 221 West Philadelphia Street York, PA 17401 Dated: April 8, 2014 Respectfully submitted, By dV L John French, Esquire 2