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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Inre:
Civil Action - Law
Appeal ofNEDRIC L. NISSL Y
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No.
of2000 -J>44~ C 0 ~ l
From the Order of the Cumberland County
Board of Assessment Appeals
CERTIFICATE OF SERVICE
I, Nedric L. Nissly, hereby certify that on December 6, 2000, I served a true and correct
copy of the Petition for Appeal by first-class mail, postage prepaid, upon the following:
Cumberland County Assessment Board
Old Courthouse
1 Courthouse Square
Carlisle, PA 17013
McNEES, WALLACE & NURlCK
BY~~
earic L. Nissl~ Esquire
100 Pine Street
P. O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
(717) 237-5300 fax
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IN RE: APPEAL OF
NEDRIC L. NISSL Y
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-8442 CIVIL
From the Order of the Cumberland
County Board of Assessment
Appeals
PETITION FOR APPEAL
ORDER
AND NOW, this II'" day of December, 2000, a hearing in the above captioned
matter is set for Monday, February 12,2001, at 9:00 a.m. in Courtroom Number 4, Cumberland
County Courthouse, Carlisle, P A.
BY THE COURT,
Nedric L. Nissly
Appellant
A. Hess, J.
L CIfllw 1']0.11
12.J~-()O
Cumberland County Board of
Assessment Appeals
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Inre:
Civil Action - Law
Appeal ofNEDRIC L. NISSL Y
of2MO C;uZ[~~
From the Order of the Cumberland County
Board of Assessment Appeals
No. 06- ,?J.;4,;)..
,
ORDER
AND NOW, this _ day of ,2001, upon consideration of the
Petition for Appeal of the Decision Order of November 5, 2000, and after hearing
thereon,
IT IS HEREBY ORDERED, that the Petition is granted, the fair market value of
Petitioner's Property at 2550 Waterford, Camp Hill, in the Borough ofWormleysburg
(Tax Parcel Number 47-18-1302-291.-U2550)(the "Property") is hereby determined to be
$150,000 and the assessed value of the Property is hereby determined to be
$
BY THE COURT:
J.
Cc: Nedric L. Nissly
Cumberland County Board
of Assessment Appeals
{A213268,DOC;1)
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Inre:
Civil Action - Law
Appeal ofNEDRIC L. NISSL Y
No. (){)- 1'1'1)""
of2000
From the Order of the Cumberland County
Board of Assessment Appeals
PETITION FOR APPEAL
In this Appeal ofNEDRIC L. NISSL Y (the "Petitioner") from the Order ofthe
Cumberland County Board of Assessment Appeals, the Petitioner respectfully represents that:
1. The Petitioner is Nedric L. Nissly, an adult individual, who resides at 2550
Waterford, Camp Hill, Pennsylvania 170 11.
2. The Petitioner owns a 1684 square foot condominium in, along with a 2.039%
interest in the common elements of (the "Property"), a condominium complex known as
"Waterford" located at the corner of East and West Crestwood Drives, in the Borough of
Wormleysburg, Cumberland County, Pennsylvania. The Property is specifically identified on
the Cumberland County Tax Map as Parcel Number 47-18-1302-291.-U2550.
3. The countywide reassessment for Cumberland County resulted in assessment for
calendar year 2000 for the Property at $240,110.
4. On August 8, 2000, the Petitioner appealed the reassessment of the Property to the
Cumberland County Board of Assessment Appeals and requested a hearing on such appeal. No
notice of a hearing was ever provided to Petitioner, and in lieu of a hearing, the Board
determined, on October 3 I, 2000, that the tax assessment for the Property should be reduced to
$180,020 based on an approval ofthe review appraiser's changes.
5, By decision dated November 5, 2000, the Cumberland County Board of
Assessment Appeals notified Petitioner of its decision of October 31, 2000. A copy of the
Decision Order of November 5, 2000 is attached hereto as Exhibit "A".
6. The Petitioner is aggrieved by the decision of the Board in that neither the
reassessment nor the review appraiser's changes to the reassessment properly reflect the current
fair market value of the Property. Both the reassessment valuation and review appraiser's
changes are excessive.
{A213061.DOC;l}
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WHEREFORE, the Petitioner respectfully prays this Honorable Court to hear the appeal
from the Decision Order of the Cumberland County Board of Assessment Appeals and the proofs
of this case, to order a reduction in the assessment in the Property to reflect the actual value of
the Property having due regard to the valuation and to make such further orders as may be just
and equitable.
Dated: December 4, 2000
McNEES, WALLACE & NURICK
By:
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Ne . ssly ')
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5357
Pa. Supreme Court ill No. 44233
{A21306LDOC;I}
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VERIFICATION
I, Nedric L. Nissly, hereby verify that the facts set forth in the foregoing Petition are true
and correct to the best of my knowledge, information and belief and that this Verification is
made subject to the penalties of 18 Pa.C.S.A.~4904Telating to unsworn falsification to
authorities
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{A21306LDOC;l}
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pumperland County Board of Assessment Appeals
Old Courthouse
One Courthouse Square
Carlisle, PA 17013
(717) 240-6350
(717) 240-6354 (fax)
Board of Assessment Appeals
Lloyd W. Bucher
R. Fred Hefelfinger
Sarah Hughes
RANDY L. WAGGONER
Chief Assessor
STEVEN D. TILEY
Assistant Solicitor
DECISION ORDER
MAILING DATE: November 5, 2000
PARCEL NUMBER: 47-18-1302-291.-U2550
NISSL Y, NEDRIC L
2550 WATERFORD
CAMP HILL PA 17011
Dear Property Owner:
This letter is to officially notify you of the decision of the Cumberland County Board of Assessment Appeals
regarding the above-referenced parcel.
DATE OF APPEAL HEARING: 10/31/2000
DATE DECISION RENDERED: 10/31/2000
EFFECTIVE FOR TAX YEAR: 2001
DECISION RENDERED: [] Withdrawn By Applicant
[ ] Abandoned For Failure To Appear
[ ] Denied - No Change
[X] Approved Review Appraiser's Changes
[] Revised Assessment Based on Hearing
[] Other:
TOTAL VALUE
FAIR MARKET
CLEAN AND GREEN
CLEAN AND GREEN
STATUS
Old Assessed Value:
New Assessed Value:
240,110
180.020
NOT
APPLICABLE
Any person aggrieved by the order of the Board of Assessment may appeal to the Court of Common
Pleas by filing a petition in the Prothonotary's office on or before December 05, 2000.
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IN RE: APPEAL OF
NEDRIC L. NISSL Y
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
From the Order of the Cumberland : No. 2000-8442 CNIL TERM
County Board of Assessment Appeals :
ORDER
AND NOW, this .lS""day of January, 2001, at the request of the Petitioner
Nedric L. Niss1y, Esquire and at the request of Stephen D. Tiley, Esquire, Assistant
Cumberland County Solicitor, by conference call to chambers, the above captioned matter
is continued generally pending settlement negotiations. A hearing will be scheduled at the
call of either party.
,
BY THE COURT
Nedric L Nissly, Esquire
McNees, Wallace & Nurick
P.O. Box 1166
Harrisburg, PA 17108-1166
Stephen D. Tiley, Esquire
Assistant Cumberland County Solicitor
5 South Hanover Street
Carlisle, PA 17013
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IN RE: APPEAL OF
NEDRIC L. NISSL Y
MAR 2 2 200tfJ
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2000-8442 CIVIL ACTION
From the order of the Cumberland
County Board of Assessment
Appeals
ORDER
AND NOW, this l. ,'(jay of March, 2001 upon consideration of the within
Stipulation and Joint Motion For Agreed Order, it is Decreed and Ordered that the total
market value of the subject property as of the date applicable to this proceeding is
$165,000.00 and that the predetermined ratio as a result of the year 2000 Cumberland
Countywide reassessment is 100%, and that the common level ratio as last published by
the State Tax Equalization Board is not applicable. The total assessment of the property
for tax years beginning on and after January 1, 2001, and thereafter until changed as
provided by law, shall be $165,000.00. The Cumberland County Assessment Office
shall allocate said total assessment between land and improvements as provided by law,
and by the procedures of the Cumberland County Assessment Office. The Cumberland
County Assessment Office shall promptly notify the appropriate taxing bodies of the
change in assessment.
BY THE COURT
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IN RE: APPEAL OF
NEDRIC L. NISSL Y
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
No. 2000-8442 CIVIL
From the Order of the Cumberland:
County Board of Assessment
Appeals
STIPULATION AND JOINT MOTION FOR AGREED ORDER
AND NOW, this c2f) ~y of March, 2001, it is hereby agreed and
stipulated between Petitioner, Nedric L. Nissly, Esquire and Respondent,
Cumberland County Board of Assessment Appeals, by its Attorney, Stephen D.
Tiley, Esquire, Assistant Cumberland County Solicitor, as follows:
1. Petitioner filed a Petition for Appeal on December 5, 2000 to which
an Order was entered on December 11, 2000, fixing a date and time for a
hearing. The said hearing was continued generally pursuant to Order dated
January 25, 2001. The parties have now settled this case.
2. The applicable year for which the above captioned Assessment
Appeal was filed is for calendar year 2001.
3. The property which is the subject for this appeal is Cumberland
County assessment parcel 47-18-1302-291-U2550 and is known as 2550
Waterford, Camp Hill, Pennsylvania 17011. The property is situated in the
Borough of Wormleysburg, Cumberland County, Pennsylvania.
4. The parties stipulate that the total market value of the subject
property as of the date the original petition to the Cumberland County Board of
Assessment Appeals was filed shall be fixed at $165,000.00.
5. Cumberland County having undertaken a Countywide
reassessment in the year 2000 effective for tax years beginning January 1,
2001, the common level ratio as certified by the State Tax Equalization Board on
or before July 1, 2000, of 6.4%, is irrelevant. The predetermined ratio is 100%
of year 2000 value. Therefore the assessment shall be fixed at the stipulated
market value of $165,000.00.
6. The Cumberland County Assessor's Office shall allocate the total
assessment between land and improvements as provided by law and the
procedures of the Cumberland County Assessment Office.
7. The new assessment shall be effective for tax years beginning on
and after January 1, 2001 and shall remain unchanged unless and until
changed as otherwise provided by law, and shall be implemented beginning
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with the 2001 County and Municipal taxes and beginning with the 2001-02
School real estate taxes.
8. The Cumberland County Assessment Office shall promptly notify
the appropriate taxing bodies of the change in assessment, and instructs the
taxing bodies to make any appropriate refunds. (A refund will only be applicable
if year 2001 County and Municipal taxes are paid on the old assessment.)
9. Each party to this appeal shall bear its own costs.
10. The Court is requested to enter the proposed Order attached
hereto.
11. The undersigned Attorneys each hereby warrant to the other and
to the parties and to the Court that he has reviewed this Settlement Stipulation
with his client or clients and that he has specifically been authorized to enter
into this Settlement Stipulation by his client or clients.
. .
Respectfully Submitted,
PETITIONER:
Date: """ "1("<."-> a.o I ;l.9" I
N?~
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2550 Waterford
Camp Hill, PA 17011
RESPONDENT, CUMBERLAND COUNTY
BOARD OF ASSESSMENT APPEALS
Date: 1?1#n~ d ~ ,;2&4?/
By: ~ /()" P:J
Steph n D. Tiley, Esquire
Assistant Cumberland County Solicitor
Attorney for Respondent