Loading...
HomeMy WebLinkAbout14-6149Supreme Cou Cou nnsylvania leas County For Prothonotary Use Only: Commencement of Action: 'S'T rj+fj Docket No: /1/ 6/ a z 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. S E C TCumberland I 0 N A Commencement of Action: Petition Declaration of Taking 0 Complaint 0 Writ of Summons 0 Transfer from Another Jurisdiction 0 Lead Plaintiff's Name: Golf Club Inc. Lead Defendant's Name: Cumberland County Board of Assessment Appeals Dollar Amount Requested: 0within arbitration limits Are money damages requested? 0 Yes No (check one) outside arbitration limits Is this a Class Action Suit? 0 Yes No Is this an MDJ Appeal? ® Yes No Name of Plaintiff/Appellant's Attorney: Sean M. Shultz, Esquire © Check here if you have no attorney (are a 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. S E C T I 0 N TORT (do not include Moss Tort) O Intentional O Malicious Prosecution Motor Vehicle O Nuisance © Premises Liability O Product Liability (does not include mass tort) ® Slander/Libel/ Defamation O Other: MASS TORT ® Asbestos © Tobacco ® Toxic Tort - DES ® Toxic Tort - Implant • Toxic Waste © Other: PROFESSIONAL LIABLITY ® Dental O Legal O Medical li Other Professional: CONTRACT (do not include Judgments) O Buyer Plaintiff O Debt Collection: Credit Card © Debt Collection: Other O Employment Dispute: Discrimination © Employment Dispute: Other O Other: REAL PROPERTY ® Ejectment O Eminent Domain/Condemnation © Ground Rent O Landlord/Tenant Dispute 0 Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial ® Partition ® Quiet Title © Other: CIVIL APPEALS Administrative Agencies Board of Assessment O Board of Elections Dept. of Transportation • Statutory Appeal: Other O Zoning Board O Other: MISCELLANEOUS O Common Law/Statutory Arbitration ® Declaratory Judgment eMandamus Non -Domestic Relations Restraining Order 0 Quo Warranto © Replevin 0 Other: Updated 1/1/2011 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW IN RE: APPEAL OF CUMBERLAND GOLF CLUB, INC. FROM THE CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS TAX PARCEL NO.: 46-09-0523-013 MUNICIPALITY: WEST PENNSBORO TWP. SCHOOL DISTRICT: BIG SPRING SD ASSESSMENT FOR THE YEAR 2015 PROPERTY OF CUMBERLAND GOLF CLUB, INC. Docket No:/(_ (0 Real Estate Tax Assessment Appeal t"7 r_:) -z7 a --, rri co=r Z (ti c'� rri r- ccnr- sir:' -G b.. c:.) : r —+r` 'CQ -.1 7� r PETITION FOR REVIEW OF ..7-`_ COMMERCIAL REAL PROPERTY ASSESSMENT ".< -r- .;t'• —4 TO THE HONORABLE JUDGES OF SAID COURT: 1. The Petitioner is Cumberland Golf Club, Inc., a Pennsylvania corporation, which is located at 2395 Ritner Highway, West Pennsboro Township, Cumberland County, Pennsylvania, has a mailing address of Cumberland Golf Club, Inc., c/o Jay Mowery, 354 Gameland Road, Newville, PA 17241, and is duly authorized to transact business in Pennsylvania. 2. The Respondent is the Cumberland County Board of Assessment Appeals with an address of 1 Courthouse Square, Rm 107, Carlisle, Pennsylvania 17013. 3. The Petitioner is the owner of property located at 2395 Ritner Highway, West Pennsboro Township, Cumberland County, Pennsylvania, which is identified for real estate tax purposes as Parcel No. 46-09-0523-013 (hereinafter referred to as "the Premises"). 4. The County of Cumberland, the municipality of West Pennsboro Township, and the Big Spring School District are the taxing bodies interested in the taxable status of the Premises. 5. The current assessment for the Premises is fixed for the 2014 tax year at $1,822,000.00. 6. The Petitioner filed notice of intent to appeal this assessment to the Cumberland County Board of Assessment Appeals (hereinafter "the Board"), and a hearing on the appeal was held before the Board on September 24, 2014. 7. The Petitioner was informed that the Board made no change to the current assessment. A copy of the Board of Assessment Appeals Decision Notice dated September 25, 2014, is attached hereto as Exhibit 'A' and made a part hereof. 8. The assessment for the Premises as fixed by the Board is excessive, improper, unjust and contrary to the law for the following reasons: a. The assessment is based in whole or in part upon an appraisal that does not represent the actual value of the Premises; b. The ratio of assessed value to actual value applied in making the assessment is in excess of the ratio applied by the taxing authority; c. The assessment lacks uniformity; d. The assessment is discriminatory; e. The assessment is otherwise unjust and inequitable. WHEREFORE, the Petitioner requests that the Court review and reduce the assessment for the Premises for the Taxable Year 2015 and make such other orders and decrees with respect thereto as shall be just and proper. DATED: October LY, 2014 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 SAIDIS SULLIVAN & ROGERS Sean M. Shultz, Esquire (---/ Supreme Court ID No. 90946 Robert C. Saidis, Esquire Supreme Court ID No. 21458 26 West High Street Carlisle, PA 17013 717-243-6222 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: APPEAL OF CUMBERLAND GOLF CLUB, INC. FROM THE CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS Docket No: CIVIL ACTION—LAW Real Estate Tax Assessment Appeal VERIFICATION I, Jay Mowery, Secretary of Cumberland Golf Club, Inc. being duly authorized to execute this document on behalf of the corporation, hereby state that the facts above set forth are true and correct (or are true and correct to the best of my knowledge, information and belief) and that I expect to be able to prove the same at a hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). Dated: /OH 14 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 ay owery, Secretary Cumberland Golf Club, Inc. Exhibit A' Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Cumberland County Assessment Office One Courthouse Square Room 107 Carlisle, PA 17013 (717) 240-6350 Cumberland County Board of Assessment Appeals George A. DeMartyn Kristin Lehman Lloyd W. Bucher John G. French, Solicitor Hours: 8:00am to 4:30pm Bonnie M. Mahoney, Chief Assessor CUMBERLAND GOLF CLUB C/O JAY MOWERY 354 GAMELAND ROAD NEWVILLE PA 17241 Parcel Identifier: 46-09-0523-013. MAILING DATE: SEPTEMBER 25, 2014 APPEAL DEADLINE: OCTOBER 25, 2014 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 ASSESSMENT TAX STATUS C&G STATUS OLD 1,822,000 Taxable NEW 1,822,000 Taxable Land MARKET-BASED ASSESSMENT Land Improvements TOTAL OLD NEW Land 1,368,800 1,368,800 Improvements 453,200 453,200 TOTAL 1,822,000 • 1,822,000 100% of Market Value at 2010 Base Year Rates. CLEAN AND GREEN (C&G,) ASSESSMENT Land Improvements TOTAL Land Improvements TOTAL OLD N/A N/A N/A Effects Future Billing Cycles Only NEW N/A N/A N/A Land value based on rates provided by the State. CHANGE OF TAX BASIS - NET CHANGE Land Improvements TOTAL COUNTY/MUNIC 0 0 0 SCHOOL 0 0 0 Effects Future Billing Cycles Only cc: CUMBERLAND GOLF CLUB [notc_allL) EFFECTIVE: 01/01/2015 for County/Munic 07/01/2015 for School PROPERTY DESCRIPTION Munic.: 46 - WEST PENNSBORO TWP School: 1 - BIG SPRING SD Control Number: 46001441 Password for free Web Access: CUYHAAYE [My Property at CourthouseOnline.com/pa-cu-ao) Property Location: 2395 RITNER HIGHWAY GOLF COURSE Land Size: 136.88 acres Property Type: CY Commercial - Golf Course Cumberland County Commissioners Barbara Cross Jim Hertzler Gary Eichelberger CC: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: APPEAL OF CUMBERLAND GOLF CLUB, INC. FROM THE CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS Docket No: CIVIL ACTION—LAW Real Estate Tax Assessment Appeal CERTIFICATE OF SERVICE This is to certify that complete copies of the Petition for Review of Commercial Real Property Assessmen,t we served upon the following persons at the following addresses by mail on the J a day of October 2014: Cumberland County Board of Assessment Appeals 1 Courthouse Square, Room 107 Carlisle, PA 17013 Cumberland County Solicitor Keith 0. Brenneman, Esquire 1 Courthouse Square, Room 200 Carlisle, PA 17013 Big Spring School District Superintendent 45 Mount Rock Road Newville, PA 17241 West Pennsboro Township John M. Epley, Township Manager 2150 Newville Road Carlisle, PA 17013 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 SAIDIS SULLIVAN & ROGERS 26 West His Street Carlisle, PA 17013 717-243-6222 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Docket No: APPEAL OF CUMBERLAND GOLF CLUB, INC. FROM THE CUMBERLAND COUNTY BOARD ; CIVIL ACTION—LAW OF ASSESSMENT APPEALS Real Estate Tax Assessment Appeal ORDER OF COURT AND NOW, this day of 2014, a hearing on the merits of the within appeal from an assessment shall commence atC7 6t,.m., on 9'CC( 2015 in Courtroom Number , Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, J. Sean M. Shultz, Esquire For Petitioner John French, Esquire For Cumberland County Board of Assessment Appeals Phillip H. Spare, Esquire i plll' Solicitor for Big Spring School District c Hubert X. Gilroy, Esquire ^°c1 Law Offices of Solicitor for West Pennsboro Township xM C_') rr_ Saidis Sullivan Keith O. Brenneman, Esquire & Ro ers Solicitor for Cumberland County 0 PCD ' 26 West High Street Carlisle,PA 17013 �-i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: APPEAL OF CUMBERLAND GOLF CLUB, INC. : FROM THE CUMBERLAND COUNTY BOARD : OF ASSESSMENT APPEALS Docket No.: 14-6149 CIVIL ACTION - LAW Real Estate Tax Assessment Appeal MOTION FOR CONTINUANCE AND NOW, comes the Intervenor, Big Spring School District, by and through his attorney, Peter T. Ruth, Esquire, and the law firm of Stock and Leader, to request that this Honorable Court continue the pending Hearing scheduled in this mater, and in support thereof, avers as follows: 1. The above captioned matter is scheduled for hearing on the 23rd day of January, 2015, at 9:30 a.m. in Courtroom 5 of the Cumberland County Courthouse, before the Honorable Christylee L. Peck. 2. The Movant is the Intervenor, Big Spring School District. 3. The Respondent, Cumberland Golf Club, Inc. initiated the within action by Petition for Review of Commercial Real Property Assessment, filed in the Court of Common Pleas of Cumberland County, Pennsylvania on October 17, 2014. 4. On October 25, 2014, this Court issued an Order setting .a hearing on the matter for January 23, 2015. A copy of said Order is attached hereto and marked as "Exhibit A." 0204951- 5. The proceeding has not been previously continued. Accordingly, the moving party has obtained a continuance 0 times. 6. A continuance is requested because the Intervenor is in the process of obtaining an appraiser to review Respondent's appraisal of the subject premises; said appraiser will most likely be completing an appraisal report for Intervenor which requires additional time to complete. 7. Respondent's appraiser will be unable to complete a review of Respondent's appraisal report and to complete an appraisal report on behalf of Movant prior to the January 23, 2015 hearing date. 8. When Respondent's appraiser has completed the review and appraisal report, the parties may wish to discuss the ability to settle this matter without the need for a hearing. 9. The following parties have been advised of the within Motion and concur with the relief sought: Sean Shultz, Esquire, attorney for Respondent, Cumberland Golf Club, Inc. John French, Esquire, solicitor for the Cumberland County Board of Assessment Appeals 10. In the event this Honorable Court grants the within Motion for a Continuance, Plaintiff will serve a copy of the order granting the continuance on all parties forthwith and shall notify all witnesses who would be appearing at Plaintiff's request. 0204951- WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order continuing the hearing currently scheduled for January 23, 2015 in substaritially the same form as the Proposed Order attached hereto. Date: 0 11- It 0204951 - Respectfully submitted, STOCK AND LEADER Bv: Peter T. Ruth, `:'quire Supreme Court ID# 313602 Attorney for Intervenor 221 West Philadelphia Street, Suite E600 York, PA 17401 Phone: 717-846-9800 Fax: 717-843-6134 Email: pruth@stockandleader.com ' �J Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: APPEAL OF CUMBERLAND GOLF CLUB, INC. FROM THE CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS Docket No: %f � l / / ate CIVIL ACTION—LAW Real Estate Tax Assessment Appeal ORDER OF COURT AND NOW, this c21 -/-f-% day of /i1)'2 , 2014, a hearing on the merits of the within appeal from an assessment shall commence at q e m., on c) 3 , 20 / , in Courtroom Number 3—, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Sean M. Shultz, Esquire For Petitioner John French, Esquire For Cumberland County Board of Assessment Appeals Phillip H. Spare, Esquire Solicitor for Big Spring School District Hubert X. Gilroy, Esquire Solicitor for West Pennsboro Township Keith O. Brenneman, Esquire Solicitor for Cumberland County -0 CA) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: APPEAL OF CUMBERLAND GOLF CLUB, INC. : FROM THE CUMBERLAND COUNTY BOARD : OF ASSESSMENT APPEALS Docket No.: 14-6149 CIVIL ACTION - LAW Real Estate Tax Assessment Appeal CERTIFICATE OF SERVICE I, Peter T. Ruth, Esquire, counsel for Intervenor, Big Spring School District, hereby certify that I served a true and correct copy of the within MOTION FOR CONTINUANCE, by first class mail, postage prepaid, on the following: John French, Esq., Solicitor Sean Shultz, Esquire Hubert X. Gilroy, Esquire Cumberland County Assessment Saidis Sullivan & Rogers West Pennsboro Twp. Office 26 W. High Street Martson Law Offices 1309 Bridge Street Carlisle, PA 17013 Ten East High Street New Cumberland, PA 17070 Carlisle, PA 17013 Keith O. Brenneman, Esquire Cumberland County Solicitor Snellbaker &"Brenneman, P.C. Mechanicsburg, PA 17055 Date: Il (`l 0204951 - Respectfully submitted, STOCK AND LEADER Peter T. Rut Esgiife Supreme Court ID# 313602 Attorneys for Intervenor 221 West Philadelphia Street, Suite E600 York, PA 17401 Phone: 717-846-9800 Fax: 717-843-6134 Email: pruth@stockandleader.com P -i LEC 12 52 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: Docket No.: 14-6149 APPEAL OF CUMBERLAND GOLF CLUB, INC. : FROM THE CUMBERLAND COUNTY BOARD : CIVIL ACTION - LAW OF ASSESSMENT APPEALS Real Estate Tax Assessment Appeal NOTICE OF INTERVENTION TO THE PROTHONOTARY: In accordance with the requirements of the Consolidated County Assessment Law, Act of October 27, 2010, P.L. 895, No. 93, as amended, 53 Pa. C.S.A. §§8801, et seq., the Big Spring School District hereby intervenes as a party to the tax assessment appeal taken by the above- named Appellant. Respectfully submitted, STOCK AND LEADER Bye-�„�,(/j Peter T. Ruth, squire Supreme Court I.D. No. 313602 Susquehanna Commerce Center East 221 W. Philadelphia Street, Suite E600 York, PA 17404-2991 (717) 846-9800 Attorney for Intervenor 0204919- 1 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN RE: APPEAL OF CUMBERLAND GOLF CLUB, INC. : FROM THE CUMBERLAND COUNTY BOARD : OF ASSESSMENT APPEALS Docket No.: 14-6149 CIVIL ACTION - LAW Real Estate Tax Assessment Appeal CERTIFICATE OF SERVICE I, Peter T. Ruth, Esquire, do hereby certify that on the I (T ` day of attuAk/ 2014, I have served a true and correct copy of the Notice of Intervention filed in the above matter on the following persons by depositing a copy thereof via first-class postage service on: John French, Esq., Solicitor Cumberland County Assessment Office 1309 Bridge Street New Cumberland, PA 17070 Keith O. Brenneman, Esquire Cumberland County Solicitor Snellbaker & Brenneman, P.C. Mechanicsburg, PA 17055 0204919 - Sean Shultz, Esquire Saidis Sullivan & Rogers 26 W. High Street Carlisle, PA 17013 Hubert X. Gilroy, Esquire West Pennsboro Twp.Solicitor Martson Law Offices Ten East High Street Carlisle, PA 17013 Respectfully submitted, By: Peter T. Ruth,squire Supreme Court I.D. No. 313602 Attorney for Big Spring School District Stock and Leader, P.C. 221 W. Philadelphia St., Ste. E600 York, Pennsylvania 17401 Tel: (717) 846-9800 Fax: (717) 843-6134 IN RE: APPEAL OF CUMBERLAND GOLF CLUB, INC., FROM THE CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS : IN THE C OURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW : NO. 14-6149 CIVIL TERM IN RE: MOTION FOR CONTINUANCE ORDER OF COURT AND NOW, this 17th day of December , 2014, upon consideration of the attached Motion of Intervenor, Big Spring School District, and the concurrence of the counsel for the parties named within said Motion, the hearing scheduled for January 23, 2015, is hereby continued to Thursday, April 23, 2015, at 9:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Christylee L. Peck, J. Peter T. Ruth, Esq. q 221 West Philadelphia Street Suite E600 York, PA 17401 Attorney for Intervenor ../an M. Shultz, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Petitioner /hn French, Esq. 1309 Bridge Street New Cumberland, PA 17070 Attorney for Cumberland County Board of Assessment Appeals e';'1 CD, ZE —11 • CD �ir7; ../g-ubert X. Gilroy, Esq. Ten East High Street Carlisle, PA 17013 Solicitor for West Pennsboro Township .-1Ce1th 0. Brenneman, Esq. 44 West Main Street Mechanicsburg, PA 17055 Solicitor for Cumberland County :rc Ccpis rt, airrhg