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Home My WebLink About14-4956S E C T I 0 N A S E C T I 0 N Supreme Courfof=Pennsylvania Courtof _Coinmon.Pleas Civil Cover Sleet County For Prothonotary Use Only: Docket No: ly - y95-6 The information collected on this form is used solely for court administration purposes. This form does not srrpplenient or replace the filing and service of pleadings or other papers as required by Ictw or rules of court. Commencement of Action: ❑ Complaint ❑ Writ of Summons 'Petition Declaration of Taking • Transfer from Another Jurisdiction ❑ Lead Plaintiff's Name: C. Lead Defendant's Name: ' c arh 6te / CotAl-}",dw-elViPat)5"-% Dollar Amount Requested: within arbi ration limits (check one)cnttside arbitration limits Are money damages requested? i Yes No Is this an MDJAppeal? 0 Yes )No Is this a Class Action Suit? i Yes No Name of Plaintiff/Appellant's Attorney: Re molt) t/ . 5V''A(-;1lci i ❑ 'heck here if you have no attorney (are 0 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 you consider most important. TORT (do not include Mass Tort) ❑ Intentional O Malicious Prosecution ❑ Motor Vehicle ❑ Nuisance ❑ Premises Liability ❑ Product Liability (does not include mass tort) ❑ Slander/Libel/ Defamation ❑ Other: MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES O Toxic Tort - Implant ❑ Toxic Waste ❑ Other: PROFESSIONAL LIABLITY ❑ Dental O Legal ❑ Medical O Other Professional: CONTRACT (do not include Judgments) ❑ Buyer Plaintiff ❑ Debt Collection: Credit Card Debt Collection: Other 0 Employment Dispute: Discrimination ❑ Employment Dispute: Other O Other: REAL PROPERTY ❑ Ejectment ❑ Eminent Domain/Condemnation ❑ Ground Rent ❑ Landlord/Tenant Dispute ❑ Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial O Partition O Quiet Title ❑ Other: CIVIL APPEALS Ad • .nistrative Agencies oard of Assessment ❑ Board of Elections ❑ Dept. of Transportation O Statutory Appeal: Other ❑ Zoning Board ❑ Other: MISCELLANEOUS ❑ Common Law/Statutory Arbitration ❑ Declaratory Judgment O Mandamus ❑ Non -Domestic Relations Restraining Order 0 Quo Warranto ❑ Replevin ❑ Other: Updated 1/1/2011 Steven J. Schiffman, Esq. Carol L. Verish, Esq. Merritt C. Reitzel, Esq. PA ID Nos. 25488, 91284 & 92069 SERRATELLI, SCHIFFMAN, & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 sschiffman@ssbc-law.com cverish@ssbc-law.com rnreitzel@ssbc-law.com 7:L D_O1, i. 1(1,i THE 7131L AUG 21 PH 2: 29 CUMBERLAND. COUNTY PENNSYLVANIA 5-//,i : 75 L y cieSG 07-5° 0-3/6l PA BUSINESS CENTER LP APPELLANT, V. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS APPELLEE : IN THE COURT OF COMMON PLEAS • • CUMBERLAND COUNTY, PENNSYLVANIA • • • • DOCKET NO.: /1/ _ CIVIL ACTION — IN LAW PETITION ON APPEAL FROM ASSESSED VALUATION OF REAL PROPERTY AND NOW, comes Appellant, PA Business Center LP (hereinafter "Appellant"), by and through its counsel, Serratelli, Schiffman & Brown, P.C. and hereby appeals from the Decision of the Cumberland County Board of Assessment Appeals, docketed to Parcel Identifier No. 13- 24-0799-173 and mailed June 23, 2014, with regard to the properties located at 25 Utley Drive through 75 Utley Drive, Pennsylvania Business Center, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania, and in support of such appeal, avers as follows: 1. Appellant is a registered Pennsylvania limited partnership having its principal place of business located at 5351 Jaycee Avenue, Harrisburg, Pennsylvania 17112. 2. Appellee is the Cumberland County Board of Assessment Appeals (the "Board"), having its offices located at One Courthouse Square, Room 107, Carlisle, Pennsylvania 17013. 2 3. Appellant is the owner of certain tracts or parcels of improved real property located at 25 Utley Drive through 75 Utley Drive, Camp Hill, Lower Allen Township, Pennsylvania and bearing Tax Parcel Identifier No. 13-24-0799-173 (hereinafter referred to individually as the "Property"). 4. Appellant took title to the Property by Special Warranty Deed in Lieu of Foreclosure dated February 28, 2014 and recorded in the Recorder of Deeds Office in and for Cumberland County Pennsylvania on April 4, 2014 at Instrument Number 201407587. 5. Appellant filed a timely appeal with the Board of Assessment with respect to the assessment of the subject property. 6. A hearing of the Board was held on or about July 22, 2014. 7. The Board issued a Decision Notice for the Property with mailing date June 23, 2014. The Board reduced the total assessed value of the Property from $7,900,000 to $4,044,000. The assessed value of the land remained the same at $970,400 and the assessed value of the improvements was reduced from $6,929,600 to $3,073,600. A true and correct copies of the Board's Notice of its Determination is attached hereto and are marked as Exhibit 8. The Decision of the Board was in error and/or was an abuse of discretion for the following reasons: a. The assessments were based upon an erroneous determination of the fair market value of Appellant's properties; b. Upon information and belief, the Board failed to properly and lawfully establish the fair market value of each Property based upon the actual and restricted use of the buildings on the property and instead based the value of the buildings on a hypothetical highest and best use valuation. 3 c. The Board of Assessment failed to properly and lawfully establish the fair market value of each Property using the comparable sales approach to valuation; and d. The assessments lack uniformity as required under Pennsylvania law, the Pennsylvania Constitution, and the United States Constitution, and is therefore discriminatory, and otherwise unjust, inequitable, improper and inaccurate. 9. Appellant is aggrieved by the action of the Board. WHEREFORE, Appellant respectfully requests that this Honorable Court hear and determine this appeal and to make such changes in the aforesaid assessments as may be proper and just based upon all of the evidence presented, and further award Appellant all such other relief as is proper and just. Dated: August 21, 2014 Respectfully submitted, 4 /L, ven`' dchifan, Esquire :el/L. Verish, squire Merritt C. Reitzel, Esquire Attorney ID Nos. 25488, 91284 & 92069 SERRATELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Attorneys for Appellant e2-- 4 VERIFICATION I, Jeffrey Kurtyka, verify that I am authorized to sign this verification on behalf of PA Business Center LP and do hereby verify that the facts set forth in the foregoing Appeal are true and correct to the best of my knowledge or information and belief This verification is made pursuant to 18 Pa. C.S. § 4904, relating to unsworn falsifications to authorities. PA Business Center LP By its General Partner Property Inc. Date: - / 8 - / V By: / Jeffrey Kurtyka, Vice President CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of PA Business Center LP's Petition on Appeal from Assessed Valuation Of Real Property has been served upon all parties of interest by placing the same in the United States Mail, first-class, postage pre -paid, at Harrisburg, Pennsylvania on this 21st day of August, 2014, and addressed as follows: John G. French, Esquire, Solicitor The Law Office of John G. French 1309 Bridge Street New Cumberland, PA 17070 aro . Veri h, Esquire 6 Exhibit A Cumberland County Assessment Office One CourthoUse Square Room. 107 Carlisle, PA 17013 (717) 240-6350 ReUrs: :QQam to -11;30P0 Cumberland County.Board of Assessment „Appeals Georg A, DeMartyn Kristin Lehman Lloyd W. Bucher John G, French, Solicitor Bonnie M. Mahoney, •Chief Assessor PA BUSINESS CENTER LP 5351 JAYCEE AVENUE HARRISBURG 'PA. 17112 Parcel TdeStifier': 14-24-0799-173. MAILING DATE: JUNE 23, 2014 APPEAL DEADLINE: AUGUST 22, 2014 BOARa-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. CHANPE; P4 -APPEAL BOARD DECISION (REVISED ASSESSMENT) The BOard OfAsSeSsItient APPeSls he's iSsUe0 this decisibsregardtSg your tax asseSsillent ePPeAl. You may appeal this decision to the Court - Of Common Pleas by filing the appropriate paperwork with the PrOthenotary's office in accordance with local :rules of .court. FUTURE 1X IBII4LXMO: EASIE AssEgSKANT 7Ax:sTATos, ...Pgq-STAW4. OLD 1;400)000 Taxable 404411000 1**01C MARKET-:BASED'ASSESSMENT Land 1.mPrOVen1entS TOTAL.' OLD 9.74)44,09' 7;000AW NEW 970,400 3,073;600 4,044,000 100 Of marc -et -Value: at. 2-014 Base: Year Rates. CLEAN ANNPREE0 (c4P) ASSEPsPIENT Land ImProvementS TOTAL: NEW. -NI/A N/A Land value based: on rates ; Provided .by the State. CHANGE. OE: TAX. BASIS - NET CHANGE COUNTY/MUNIC scH061, Land 0 0 Improvements -3,856,000 -3,856,000 TOTAL -3,856,000 -1,856400 Effects Future -Billing Cycles Only ErrECTIVE: 01/01/2015 for CochtY/Mccic 07/01/2015 for School ..pROPERT7t.DESCRIPTION Munic. : 13 - LOWER ALLEN TOWNSR/P School': 9 - WEST SHORE 51) Control Number: 13003079 Password for free Web Access: 011iZOTOLK (My Property at CoOrtheoee04lioe.eorliPePO'ep) PrePerty Location: 25: UTLEY pRIvz, THEW" 75 UTLEY DRIVE PENN$Ytv4NI4 BUSINESS cENTK Lend Site: 1577 aereS Property: Type: CO OOSTIO.rcial - Office.' CUmberand COuntY ComtiesionerS, Barbara Cross. Jim Hertz ler Gary Eichelberger ORIGINAL PA BUSINESS CENTER LP APPELLANT, v. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS APPELLEE • • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET No.: / q 5-6 : CIVIL ACTION — IN LAW ORDER AND NOW, this day oftY 61/...424., 2014, upon consideration of the within Petition, a hearing is scheduled in this matter for 0(17711/4 , 2014 at 34e) a.m/p.m. in Courtroom No. 3 of the Cumberland County, Carlisle, Pennsylvania. Distribution List: .../Sven J. Schiffman, Esquire, Serratelli, Schiffman Harrisburg, PA 17110 ../rohn G. French, Esquire, Solicitor, The Law Office Cumberland, PA 17070 BY THE COURT: J. & Brown, P.C., 2080 Linglestown Road, of John G. French, 1309 Bridge Street, New IN) LO Steven J. Schiffman, Esq. Carol L. Verish, Esq. Merritt C. Reitzel, Esq. PA ID Nos. 25488, 91284 & 92069 SERRATELLI, SCHIFFMAN, & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 sschiffman@ssbc-law.com cverish@ssbc-law.com mreitzel@ssbc-l.aw. com + r THE PRO TtIV ICI. ONO - 20I4OCT -3 Vili: PA BUSINESS CENTER LP APPELLANT, V. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS APPELLEE IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET No.: 14-4956 . CIVIL ACTION - IN LAW APPELLANT'S CONCURRED IN MOTION TO CONTINUE HEARING GENERALLY AND NOW, comes Appellant, PA Business Center LP (hereinafter "Appellant"), by and through its counsel, Serratelli, Schiffman & Brown, P.C. and files its Motion to Continue Hearing Generally, and in support thereof, avers as follows: 1. Appellant is a registered Pennsylvania limited partnership having its principal place of business located at 5351 Jaycee Avenue, Harrisburg, Pennsylvania 17112. 2. Appellee is the Cumberland County Board of Assessment Appeals (the "Board"), having its offices located at One Courthouse Square, Room 107, Carlisle, Pennsylvania 17013. 3. Appellant is the owner of certain tracts or parcels of improved real property located at 25 Utley Drive through 75 Utley Drive, Camp Hill, Lower Allen Township, 2 Pennsylvania and bearing Tax Parcel Identifier No. 13-24-0799-173 (hereinafter referred to individually as the "Property"). 4. Appellant took title to the Property by Special Warranty Deed in Lieu of Foreclosure dated February 28, 2014 and recorded in the Recorder of Deeds Office in and for Cumberland County Pennsylvania on April 4, 2014 at Instrument Number 201407587. 5. Appellant filed a timely appeal with the Board of Assessment with respect to the assessment of the subject property. 6. A hearing of the Board was held on or about July 22, 2014. 7. The Board issued a Decision Notice for the Property with mailing date June 23, 2014. The Board reduced the total assessed value of the Property from $7,900,000 to $4,044,000. The assessed value of the land remained the same at $970,400 and the assessed value of the improvements was reduced from $6,929,600 to $3,073,600. 8. Appellant filed a Petition on Appeal from Assessed Value of Real Property on August 21, 2014. 9. A hearing was is scheduled to be held before the Honorable Judge Edward E. Guido on October 9, 2014 at 9:30 a.m. in Courtroom No. 3 of the Cumberland County Courthouse. Request For Continuance 10. Appellant's counsel is unavailable on the date of the scheduled hearing. 11. Appellant and the Board are working to settle this matter. 12. Appellant requests that the hearing scheduled for October 9, 2014 be continued generally until such time as the attempted settlement negotiations fail. 13. The Board's counsel told undersigned counsel that he concurs in this Motion to Continue Hearing Generally. 14. Neither party will be prejudiced by the granting of this Motion. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant Plaintiff's Concurred in Motion to Continue Hearing Generally. Dated: October 2, 2014 Respectfully submitted, St vin J. Schi man, Esquire Carol L. Verish, Esquire Merritt C. Reitzel, Esquire Attorney ID Nos. 25488, 91284 & 92069 SERRATELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Attorneys for Appellant 4 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of PA Business Center LP's Petition on Appeal from Assessed Valuation Of Real Property has been served upon all parties of interest by placing the same in the United States Mail, first-class, postage pre -paid, at Harrisburg, Pennsylvania on this 2nd day of October, 2014, and addressed as follows: John G. French, Esquire, Solicitor The Law Office of John G. French 1309 Bridge Street New Cumberland, PA 17070 0,07,§__ Ctrol Verish, Es uire 5 l PA BUSINESS CENTER LP APPELLANT, • • IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA : DocKET No.: 14-4956 v. • . CIVIL ACTION — IN LAW CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS APPELLEE il AND NOW, this S day ofQG✓NV!e, , 2014, upon consideration of the • • • • ORDER Concurred in Motion to Continue Hearing Generally, it is Ordered that the Motion is granted. Distribution List: ,./Steven J. Schiffman, Esquire, Serratelli, Schiffman & Brown, P.C., 2080 Linglestown Road, Harrisburg, PA 17110 a/�ohn G. French, Esquire, Solicitor, The Law Office of John G. French, 1309 Bridge Street, New Cumberland, PA 17070 SESz1 l£ tof9/ty Steven J. Schiffman, Esq. Carol L. Verish, Esq. Merritt C. Reitzel, Esq. PA ID Nos. 25488, 91284 & 92069 SERRATELLI, SCHIFFMAN, & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 sschiffman@ssbc-law.com cverish@ssbc-law.com mreitzel@ssbc-law.com PA BUSINESS CENTER LP APPELLANT, V. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS APPELLEE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET No.: 14-4956 : CIVIL ACTION — IN LAW APPELLANT'S MOTION FOR HEARING AND NOW, comes Appellant, PA Business Center LP (hereinafter "Appellant"), by and through its counsel, Serratelli, Schiffman & Brown, P.C. and files its Motion to Continue Hearing Generally, and in support thereof, avers as follows: 1. Appellant is a registered Pennsylvania limited partnership having its principal place of business located at 5351 Jaycee Avenue, Harrisburg, Pennsylvania 17112. 2. Appellee is the Cumberland County Board of Assessment Appeals (the "Board"), having its offices located at One Courthouse Square, Room 107, Carlisle, Pennsylvania 17013. 3. Appellant is the owner of certain tracts or parcels of improved real property located at 25 Utley Drive through 75 Utley Drive, Camp Hill, Lower Allen Township, 2 Pennsylvania and bearing Tax Parcel Identifier No. 13-24-0799-173 (hereinafter referred to individually as the "Property"). 4. Appellant took title to the Property by Special Warranty Deed in Lieu of Foreclosure dated February 28, 2014 and recorded in the Recorder of Deeds Office in and for Cumberland County Pennsylvania on April 4, 2014 at Instrument Number 201407587. 5. Appellant filed a timely appeal with the Board of Assessment with respect to the assessment of the subject property. 6. A hearing of the Board was held on or about July 22, 2014. 7. The Board issued a Decision Notice for the Property with mailing date June 23, 2014. The Board reduced the total assessed value of the Property from $7,900,000 to $4,044,000. The assessed value of the land remained the same at $970,400 and the assessed value of the improvements was reduced from $6,929,600 to $3,073,600. 8. Appellant filed a Petition on Appeal from Assessed Value of Real Property on August 21, 2014. 9. A hearing was is scheduled to be held before the Honorable Judge Edward E. Guido on October 9, 2014 at 9:30 a.m. in Courtroom No. 3 of the Cumberland County Courthouse. 10. Appellant filed a Concurred in Motion to Continue Hearing Generally on October 3, 2014. 11. An Order granting Appellant's Motion to Continue was granted on October 9, 2014. 12. The parties have been unable to find a mutually agreeable time to hold a settlement conference. 3 WHEREFORE, Appellant respectfully requests that a hearing be scheduled to address the issues that were raised in its Petition on Appeal From Assessed Valuation of Real Property. CERTIFICATION OF CONCURRENCE /NON -CONCURRENCE PURSUANT TO CUMBERLAND COUNTY LOCAL RULE 208.2(d) Pursuant to Cumberland County Local Rule 208.2(d), shortly before filing this Motion, the moving party has sought concurrence in this Motion from the Board's Counsel, John G. French, Esquire, by way of electronic communication (e-mail). As of the date of this Motion, Attorney French has not responded to undersigned -counsel's request for concurrence in this Motion. Dated: November 20, 2014 Respectfully submitted, Schiff i an, Esquire Cn51 L. Verish, squire Merritt C. Reitzel, Esquire Attorney ID Nos. 25488, 91284 & 92069 SERRATELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Attorneys for Appellant 4 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of PA Business Center LP's Motion For Hearing has been served upon all parties of interest by placing the same in the United States Mail, first-class, postage pre -paid, at Harrisburg, Pennsylvania on this 2e day of November, 2014, and addressed as follows: John G. French, Esquire, Solicitor The Law Office of John G. French 1309 Bridge Street New Cumberland, PA 17070 5 PA BUSINESS CENTER LP APPELLANT, V. : IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET No.: 14-4956 • • . CIVIL ACTION - IN LAW CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS • APPELLEE ,,,,// ORDER AND NOW, this dam' day of / /c iYE.tyA %�ke, 2014, upon consideration of the Motion eiN Hearing, it is Ordered that the Motion is granted, and a hearing is set for theme% day of , 201, at 9 33 in Courtroom Number of the Cumberland County Courthouse. J. Distribution List: o Steven J. Schiffman, Esquire, Serratelli, Schiffman & Brown, P.C., 2080 Linglestown Road, Harrisburg, PA 17110 John G. French, Esquire, Solicitor, The Law Office of John G. French, 1309 Bridge Street, New Cumberland, PA -17070 C?p'ie5 ma.:Ied04, -o • CD CD