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Home My WebLink About94-02750 . j J ~ J -j ./) tJ -f. \ €! ~I - . - oj tOl c-r (1) ?~P?.t. DE:..~.tl'j" . 717' 9,'5 ~?oO-;. . IN mE COURT OF COMMON I'LEAS r.UMUF.RLANI> COUNTY. PF.NNSYl.V ANIA 355 ASSOCIA TFli 600 North 12th Street Lemoyne, PA 17043, Appellant~ Cj ~_ ~1So ~'v:..k.;r~ Appellll~rom Assc.."~menl Order of April 22, 1994 ,'. CUMBERLAND COUNTY BOARl) OF ASSESSMENT AND REVISION OF TAXES, 1 Courthouse Square Carlisle, PA 17013, Appellees Parcel No.: 01-20-1854-145 ORDER AND NOW, Ihis .2L~y of .::::::n\o..'-e . 1994. a hearing is scheduled in the above-captioned matter for the :;lStJ-.day of _~ . 1994, at~, A.M. in Court Room Number ~. ,./ J. , IN TIlE COURT OF COMMON PI.EAS CUMBERlAND COUNTY. P..:NNSYI.V ANlA 355 ASSOCIATES 600 North 12th Street Lemoyne, PA 17M3, Appellants . . CJ4- .;l '150 ~..:r~ . . v. : Appeal From Assessment : Order of April 22, 1994 III CUMBERLAND COUNTY BOARD OF ASSESSMENT AND REVISION OF TAXES, 1 Courthouse Square Carlisle, PA 17013, Appellees . . : Parcel No.: 01-20-1854-145 . . . . PETITION "'OR REVIEW OF ASSESSMENT BY mE BOARD 01<' ASSESSMENT AND REVISION OF TAXES 355 Associates, by its attorney, Darrell C. Dethlefs, Esquire, petitions for review of an assessment by the Cumberland County Board of Assessment and Revision of Taxes and in support avers as follows: JURISmCTION 1. This petition seeks review of an appeal from an assessment by the Cumberland County Board of Assessment and Revision of Taxes. The appeal is authorized by the General County Assessment Law, as amended, 72 Pa.C.S.A. Section 5020 - 518.1, in that this is an appeal by an owner of real estate within this Commonwealth from an assessment or valuation of his property. '''-. .:.... '". ~,~ ", PARTIF.s 2. The Petitioner is 355 Associates with an office located at 600 North 12th Street, Lemoyne, Pennsylvania. 3. Respondent is the Cumberland County Board of Assessment and Revision of Taxes. . . ,"'.. GROUNDSFORP~lTION 4. Petitioner is the registered owner of parcel number 01-20-1854-145, which is the commercial PIOperty located at 355 North 21st Street, Camp Hill, Cumberland County, Pennsylvania, (the "Premises"). 5. In a Board of Assessment Appeals Order dated April 22, 1994, the Cumberland County Board of Assessment and Revision of Taxes entered an Order setting the Market Value of the premises at One-Million, Five-Hundred Thousand Dollars ($1,500,000.00). A copy of the Order is attached hereto as Exhibit" A ". 6. Petitioner is aggrieved by the disposition made by the Cumberland County Board of Assessment and Revision of Taxes and believes that the decision by the Board is incorrect and that the assessment in the amount ofSl,500,OOO.OO is excessive, unfair and unequal as compared to the other real estate in the vicinity of the Premises. 7. Petitioner further believes and therefore avers that the disposition made by the Cumberland County Board of Assessment and Revision of Taxes fails to consider the actual market value of the Premises, which market value has been established by certified appraisal. 8. Petitioner further believes and therefore avers that the Cumberland County Board of Assessment and Revision of Taxes errored in its calculation of the square footage in the Premises, which error resulted in an over valuation of the premises. WHEREFORE, Petitioner requests that this Court reduce the assessment made by the Cumberland County Board of Assessment and Revision of Taxes on the Premises, and further grant such other relief as the Court may deef .., per. -- -- ~- 2o~ <to, Date Darrell C. Dethlefs, Esquire Attorney ID# 58805 Wagner Building - Suite 204 355 North 21 st Street Camp Hill, PA 17011 (717)975-9446 Attorney for Petitioner l'ARL R. KELLER tH41RMAH ,..,- (;. ", ~'... .. " ...- ROBERT H. C L1SSE "<'" ASSESSMENT & fAx ADMINISTRATOR , " RANDY L WAGGONER " CHIEF A$SESSOH HORACE A JOHNSON SOL.lCITCIol STEPHEN 0 TILEY ASSiStANT SOLICITOR C!rumberlnnb C!rount!} llonrb of Asne!lsment nub ieuiston of wnxes NANCY A. BESCH VICE CHAIRMAN MARCIA L. MYERS SECRETARY WILLIAM E. DENNIS CHIE' CLERK/COUNTY ADMINISTRATOR 1 COURTHOUSE S~UARE. CARLISLE, p" 17013 1717)2&O-63!1O April 2?. 1994 355 ASSOCiates POBox 188 C"mp HI II, PA 17011-0188 RE: ASSESSMENT APPEALS PARCEL NO. 01-20-1854-145 The Board of Assessmenl App".,ls Order IS ilS fullows: Set the MarKet Value "I $1.~,C1U,nlll) ANY PERSON AvCR I EVED BY THE Olll)!;/( or THE 1l0AIlli MAY APPf:Al. 'I'., 'I'd!. COURT Of COMMON PLEAS BY fiLING A PETITION IN TilE I'R<)1'IIUNOT/',I,.... ~; OffiCE WITHIN 30 DAYS !'ROM THe DATE: 01' THlt: NOTII'ICATION (4/..,:'~'~ 4tul Ii i!. ./.U;A.. Rob"rt H C. Lls"e Assussment 1\ 'I'd:' A.;\ 1111 , II ! 1./ " .) I ., ".. ",' 'tI~" .. , <l'\ Exhibit "A" " VERIFICATION I hereby verify that the statements of fact made in the foregoing Petition are true and correct to the best of my knowledge, infonnation and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 6.).0. q..; IN mE COURT OF COMMON PU:AS CUMBERLANl) COUNTY. PENNSYL V ANlA 355 ASSOCIATES 600 North 12th Street Lemoyne, PA 17043, Appellants . . . . . . v. Appeal "'rom Assessment Order or April 22, 1994 . . CUMBERLAND COUNTY BOARD OF ASSESSMENT AND REVISION OF TAXES, 1 Courthouse Square Carlisle, PA 17013, Appellees . . Parcel No.: 01.20-1854-145 . . . . AFFIDAVIT m' SERVICE On this 20th day of May, 1994, I, Darrell C. Dethlefs, Esquire, counsel for Petitioner, hereby served the Cumberland County Board of Assessment and Revision of Taxes with the foregoing petition by certified first class mail as follows: Cumberland County Board of Assessment and Revision of Taxes I Courthouse Square Carlisle, PA 17013 Ii 2 ;fj;zJb"" Darrell C. Dethlefs, Esquire -=r ~ :'~.~. ::r:: .-.." ..... N ::n ,.-J ?j ...., g < S ~ ~ e~~!'! ~iE~~~g ;l is ~ :c ti ?i =i ." vi .; ~ :i' '<I;! IU o :;: ~ VI ... 0 :z; ~ :z: ... o ~ ". . ;. '" Donn L Snyder. Baqulre 80.....11, Snyder. nntnor A PI_la Poll Oftlco 80.741 Harrlsbu'l, P'Maylvanla 171011 717~ Pa. 1.0, No, 06858 Attornoy rot 8orouah.App.II.. 355 ASSOCIATES, . . IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNI'Y PENNSYLVANIA 94-02751 . . Appellant v . . . . CUMBERLAND COUN1Y : BOARD OF ASSESSMENT AND : REVISION OF TAXES, : CML ACflON - LAW . . Appellee . . NonCE OF 1NTERVEN110N TO 1BE PRomONOTARY: The Borough of Camp HUI hereby intervenes as a party to the Appeal taken by the Appellant. June 21, 1994 D N L. SNY R BOSWELL SNYDER TINTNER & PICCOLA POST OFFICE BOX 741 HARRISBURG, PENNSYLVANIA 17108 717-236-9377 ATTORNEYS FOR BOROUGH OF CAMP HILL .... ..~._- - , '. 3SS ASSOCIATES, . . IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ~27SS . . Appellant . . . . v . . CUMBERLAND COUNTY : BOARD OF ASSESSMENT AND : REVISION OF TAXES, : Appellee CIVIL ACI10N - LAW CER'OFICATE OF SERYI~ TO THE PRomONOTARY: I certify that a copy of the within Notice of Intervention was served by first class mail, postage prepaid, upon the following person: Darrell D. Dethlefs, Esquire Wagner Building, Suite 204 355 North 21st Street Camp Hill, PA 17011 Stephen D. Tiley, Esquire 5 South Hanover Street Carlisle, PA 17013 Richard W. Stewart, Esquire Third and Market Streets Post Office Box 109 Lemoyne. PA 17043 June 21, 1994 , ',;~;i",,' , '::">i> :'''~!': 'N; , ;,,,;:;;;;~~~{,"/;,;,; ~"",,,':;';'i;.:~,,,,,;.o:~~~.~t',lif"~~.:~-,.~~l.~""I'i:"~"~X,};~..,~(.,..~t..,:,,:F .. ~...'...., .-",," . .I , JUHZ I 3 15 rH'9~ 'U :', .;i'fICE tlf y,.: H;'OtO""~"-Y cu -..., ",,~ :-4't,.1"' ~~,,!nLMHi t.,: :oJITY r.JU'''( ... >-n."'l":: t.YM~IA f ..........~..--"'_._............ ....... ---:------ '-T~ , '. - .._~':,-----'-..._- '. ...-..-....; ~. ."',....:,........~ . f"-- HOMCE A IOHNSON IERR Y R. DUFFIE RICH^RD W. STEW^RT C ROY WEIDNER, IR- EDMUND G. MYERS J^MES ^. lOHNSON D^VID W. DELUCE MLPH H. WRIGHT, IR. D^VID J. ~N~ JOSEPH L. HITCHINGS ~W OFFICES JOHNSON, DUFFIE, STEWART & WEIDNER 301 MARKET STREET Po 0, BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 TELEPHONE 717.761.1540 TELECOPIER 717-761.3015 July 29, 1994 The Honorable Edgar B. Bayley, Judge Court of Common Pleas of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: 355 Associates v. Cumberland County Board of Assessment and Revision of Taxes No. 9~ .;J '7r;0 Dear Judge Bayley: I respectfully request that the hearing scheduled in the abovemallerforAugust25.I994.be continued. The taxing authorities have engaged the services of an expert appraiser to conduct an appraisal of the property. Over one month ago, we asked the counsel for the Appellants and filed a formal request for production of documents for copies of all leases pertaining to the properties. To date we do not have these documents and it will be impossible for the appraiser to perform his work without them, Thus, I do not see how it will be possible for the appraiser to have completed his work by the time of the hearing that has been scheduled. I therefore respectfully request that the hearing scheduled for August 25, 1994. be continued generally. Once we have received the appropriate information and the appraiser has completed his task, we can then contact you to schedule a hearing. Very truly yours, JOHNSON. DUFFIE, STEWART & WEIDNER .~~~:-?t; ,;'\ ~. Richard W. Stewart RWS:jd:37010 cc: Donn L. Snyder, Esquire Darrell D. Dethlefs, Esquire Stephen D. Tiley, Esquire I I i ( 355 ASSOCIATES, APPELLANT V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY : BOARD OF ASSESSMENT AND : REVISION OF TAXES, APPELLEES 94-2750 CIVIL TERM ORDER OF COURT AND NOW, this~ day of August, 1994, at the request of counsel for the Camp Hili School District, unopposed by counsel for Appellant, the hearing scheduled for August 25, 1994, IS CANCELLED. A hearing will be held in Courtroom Number 2 at 8:45 a.m., on Wednesday October 19, 1994. Darrell C. Dethlefs, Esquire For Appellant Richard W. Stewart, Esquire For Camp Hill School District Donn L Snyder, Esquire Stephen D. Tiley, Esquire :saa ," " , ' nuc 10 8 Slj 4H .9~ 'ltfIC: or ;,,; . ..rHON(FM,y ClIH!Jt:f',AlW C(1UhTY PEHUsnVAN'~ 355 ASSOCIATES, APPELLANT V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY BOARD OF ASSESSMENT AND : REVISION OF TAXES, APPELLEES 94.2750 CIVIL TERM ORDER OF COURT AND NOW, this -J...Jl day of August, 1994, upon agreement of counsel the hearing on the above-captioned matter scheduled for Wednesday, October 19, 1994, IS CANCELLED. A hearing will be held in Courtroom Number 2 at 8:45 am., on Thursday, October 27, 1994. ). ".... c:: ..-, ;,'- - "'-. ~ Darrell C. Dethlefs, Esquire For Appellant Richard W. Stewart, Esquire For Camp Hill School District Donn L Snyder, Esquire Stephen 0, Tiley, Esquire " ~<I:; ~- ...e:,:t....;,. N :,"", ~::"t ... Lv "" ":.:7.-=, Lv I: ""; t ("'; ~-1 .... ~:; ::E ~ :saa HOMCE A IOHN~ON IERRY R. DUFFIE RICH^RD W. ~TEW^RT C. ROY WEIDNEIl, Ill.. EDMUND G. MYEIl5 '^MES ^. IOHN~ON D^VID W. DELUCE IlA!.PH H. WRIGHT. Ill.. D^VID I. ,-^N~ IO~EPH \.. HITCHINGS ,-^W OfllCl~ JOHNSON, DUFFIE, STEWART & WEIDNER 301 MARKET 5I'REET p. 0, BOX 109 LEMOYNE. PENNSYLVANIA 17043-0109 T1!LI!PHONE 717.761-1540 TELECOPIER 717.761.3015 Seplember 23, 1994 The Honorable Edgar B. Bayley Judge, Court of Common Pleas of Cumberland Counly One Courthouse Square Carlisle, PA17013 . r . RE: 3SS Assoclales Assessment Appeal No. 94-Q27~ ~ 7 SO )c r(LJJ.-,v Ocv:J Dear Judge Bailey: I am pleased to advise you that this mailer has been sellled. Counsel for the Appellant has signed a Stipulation and counsel for the taxing authorities are in the process of signing the Stipulation as well. We will be presenting an Order for your consideration. I wanled to advise you of the settlement so that you could clear your calendar of the hearing that was previuusly scheduled for October 27, 1994. Thank you for your consideralion. Very truly yours, JOHNSON, DUFFIE. STEWART & WEIDNER ,. '. .It ,- / ---- !. ". . (... . '0. ,. /... . L,/ ,.<\(""~ .... ......,.. , Richard W. Stewart RWS:mwd:383S4 cc: Darrell Dethlefs, Esquire Stephen D. Tiley, Esquire DOM L. Snyder, Esquire