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HomeMy WebLinkAbout06-6747IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN RE APPEAL OF PRINCETON TOWER DEVELOPMENT CORPORATION FROM THE CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS LUt, TAX PARCEL NO.: 12-22-0822-115A-LL001 PROPERTY: 319 SOUTH THIRD STREET LEMOYNE, PA 17043 : ASSESSMENT FOR THE YEAR 2007 AND ALL SUBSEQUENT YEARS PETITION FOR APPEAL AND NOW, PRINCETON TOWER DEVELOPMENT CORPORATION, by and through its counsel, Michael S. Grab, Esquire and Nikolaus & Hohenadel, LLP, appeals from the decision of the Cumberland County Board of Assessment Appeals dated October 25, 2006 and in support thereof, avers as follows: 1. Appellant is Princeton Tower Development Corporation, with a mailing address of 156 Tamarack Circle, Skillman, NJ 08558. 2. On or about September 1, 2006, Appellant filed with the Board of Assessment Appeals, an appeal from the assessment of the property situate at 319 South Third Street, Lemoyne, Cumberland County, Pennsylvania 17043, Tax Parcel No.: 12-22-0822-115A-LL041, with an assessment for 2007 in the amount of $150,000.00, multiplied by a Common Level Ratio Factor for Cumberland County in the amount of 1. 14, resulting in an assessed fair market value of $171,000.00. 3. On October 25, 2006, the Board of Assessment Appeals made its final decision in connection with the assessment appeal, fixing the final assessment for the above parcel, for 2007, at $150,000.00. 4. Appellant believes and therefore avers that the real estate, which consists of a communication tower, has an actual fair market value of $95,000.00. 5. Appellant believes and therefore avers that the Board of Assessment Appeals abused its discretion and committed an error of law by fixing the 2007 assessed value of the property at $150,000.00. WHEREFORE, Appellant requests that your Honorable Court reverse the decision of the Board of Assessment Appeals of Cumberland County, and fix the fair market value of the property, and accordingly the assessed value for 2007, and all subsequent years, at $95,000.00. Respectfully submitted, DATE: // 0?`-2: 2 Columbia, PA 17512 (717) 684-4422 VERIFICATION PURSUANT TO PA RCP NO 1024(c) MICHAEL S. GRAB, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and/or because the party for whom he makes this affidavit is outside the jurisdiction of the Court, and verification of none of them can be obtained within the time allowed for the filing of the pleading; and that he has sufficient knowledge of information and belief, based upon his investigation of the matter averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATE: !? 01.2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN RE APPEAL OF PRINCETON TOWER DEVELOPMENT CORPORATION FROM THE CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS TAX PARCEL NO.: 12-22-0822-115A-LL001 PROPERTY: 319 SOUTH THIRD STREET LEMOYNE, PA 17043 ASSESSMENT FOR THE YEAR 2007 AND ALL SUBSEQUENT YEARS CERTIFICATE OF SERVICE I, MICHAEL S. GRAB, ESQUIRE, do hereby certify that I have this day, served a true and correct copy of the foregoing document upon the following person(s) and in the following manner, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. SERVICE BY CERTIFIED MAIL ADDRESSED AS FOLLOWS: Cumberland County Board of Assessment Appeals Stephen D. Tiley, Esquire Old Courthouse Assistant Solicitor One Courthouse Square Frey & Tiley Carlisle, PA 17013 5 South Hanover Street Carlisle, PA 17013 West Shore School District 507 Fishing Creek Road New Cumberland, PA 17070-0803 SERVICE BY HAND DELIVERY Princeton Tower Development Corporation 156 Tamarack Circle Skillman, NJ 08558 DATE: 0,' 07 (717) 684-4422 {" Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573