HomeMy WebLinkAbout01-06837
~
DEe 18 2001V
DAVID W. STEFANIC &
SUZANNE B. STEFANIC,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Appellants,
: APPEALNO. 01- 1J67 C3"u~L'T~
v.
THE CUMBERLAND COUNTY
BOARD OF ASSESSMENT APPEALS,
DAUPIDN COUNTY, PENNSYLVANIA, :
Appellee.
CIVIL ACTION
ORDER
AND NOW, this Ai' ~ay of '1..., r r.mh u1..
,2001, a hearing on the Notice of
Tax Assessment Appeal filed by Appellants David W. Stefanic & Suzarme B. Stefanic on
November30,2001isscheduledfor&"A~~. ~ ,20fbAat8: 30 A.m.
O'clock in Courtroom.b .
t:.d~;uI E Cu,.tld
topun aJd'
J :?:3 }-o ~ RXS
-
v.
410309.1
Y"c*iJ1!W~~.JlijJ'i!i, I .~
.."
~",
~~
!~'
~ ~ ,-"'-,..-,
,0,,,j)~,,, "."",..<_"".~ _
-,,'~^ .~~"'~~~""
-J'ji'.""!;Er~'ifu'tihB:r*fiih!*,liJ.J!,;~~,~~~~_!ftif~tS..-ffi~~~~"'" -""""!JIl:l!:!'~'i@t':1inJ~Jli ~"
C>
2- -
.Z:
..-o1:FJ
rotn
%e
0,0
~:~;
<Lee
~Q~
~t.J
Y'i.
:2
~
'C""
",~ -__,~, ~'O ~~."~ ~"
v:>
-
~~
-
." Wo._,.
O"~
P
~~
'8
'_::\.~
,,-/
"'~)C;
~?],
':::.4.
.~
::;(
-
cP
Lawrence B. Abrams, Esquire
Attorney J.D. #18028
Dean F. Pie:rmattei, Esquire
Attorney J.D. #54837
Rhoads & Sinon
One South Market Square, Twelfth floor
P. O. Box 1146
Harrisburg, PA 17108-1146
717-233-5731
Attorneys for Appellants
DAVID W. STEFANIC &
SUZANNE B. STEFANIC,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Appellants,
v,
; APPEAL NO. 61 - l...PJ7 Coi.(~~
THE CUMBERLAND COUNTY
BOARD OF ASSESSMENT APPEALS,
DAUPHJN COUNTY, PENNSYLVANIA, :
Appellee.
CIVIL ACTION
NOTICE OF TAX ASSESSMENT APPEAL
David W. Stefanic and Suzanne B. Stefanic ("Appellants"), by their attomeys, Rhoads &
Sinon LLP, hereby appeal from the Decisions of the Cumberland County Board of Assessment
Appeals, Cumberland County, Pennsylvania, improperly assessing the value, for county assessment
value, of tax parcels 42-12-0358-011 and 42-12-0358-004A, and in support of their appeal, state as
follows:
1. Appellants, David W. Stefanic and Suzanne B. Stefanic, own a parcel of property in
Upper Allen, Cumberland County, Pennsylvania 17055, situated at 1215 McCormick Road and
consisting of a dwelling, annex building, barn, garage, and out building on 7.44 acres, tax parcel 42-
12-0358-004A (hereinafter "Residence Property") and own a parcel of property across from the
410118.1
""h~.'''':'-~'''f'''Y~0flli~,
- ~ .,
e, ...,01" ,,'"=r~ ~~. _ ~
,.~ ~""""""'"
"-,,
Residence Property which is a 5.10 acre vacant lot, tax parcel 42-12-0358-11 (hereinafter "Vacant
Lot Property'').
2. The Appellee is the Cumberland County Board of Assessment Appeals (hereinafter
the "Board") with an office at Old Courthouse, One Courthouse Square, Carlisle, Pennsylvania
17013.
3. In 2001, Cumberland County conducted a county wide reassessment of properties
witbin its boundaries. As a result of this reassessment, the accessed value of Appellants Residence
Property was dramatically increased to $709,590.00, and the assessed value of the Vacant Lot
Property was increased to $60,910.00.
4. Because it is the Appellants' opinion that the market values of the Residence
Property and Vacant Lot Property were excessively high, Appellants filed a Residential Real Estate
Tax Assessment Appeal for both parcels.
5. The appeal hearing was held on October 15,2001 before the Board of Assessment
Appeals of Cumberland County.
6. On November 2, 2001, the Board issued two (2) "Decision Orders" whereby it
reduced the assessed value of the Residence Property from $709,590.00 to $495,000.00 and refused
to reduce the assessed value on the Vacant Lot Property. (True and correct copies of the Decision
Orders are attached hereto as Exhibit "A" and incorporated herein by reference).
7. The action of the Board in only reducing the assessed, fair market value of
Residence Property to $495,000.00 was contrary to law in that the fair market value of the property,
based on comparable properties located within the Township, is $450,000.00. Furthermore the
-2-
"'~""",, ,- ". ~,<<--.~.,'-'
,,' --'
~ "I
-T.
.~.~
<
Board erred by failing to reduce the assessed value of the Vacant Lot Property, as the evidence set
forth by the County Assessor assessed the value for this proper at $46,000.00.
WHEREFORE, Appellants request that the Court strike the November 2, 2001 Decision
Orders of the Cumberland County Board of Assessment Appeals for the aforementioned properties
and reduce the assessed, fair market value of the Residence Property to $450,000.00, further reduce
the assessed value of the Vacant Lot Property to $46,000, and grant such additional relief as the
Court may deem appropriate.
Respectfully submitted,
RHOADS & SINON LLP
By:
~p-n~
Lawrence B. Abrams, Esquire
Dean F. Piermattei, Esquire
One South Market Square
P. O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Date: November 30, 2001
Attorneys for Appellants
- 3 -
"-"-~Ttn,
-, ~
." ~~~ " '~I
!'
-
,-
'.
'"'!;~~~'''7'~-''' ,,_
"
,'-., ."-
I'
'1
.
" .
~--
EXHIBIT "A"
-
,...."-'- '--
'.
"
Cumberland County fk ..I.rd of Assessment Appeals
Old Courthouse
One Courthouse Square
Carlisle, PA 17013
(717) 240-6350
(717) 240-6354 (fax)
BOfIrd of AasessllMnt Appula
Uoyd W. Bucher
R. FrO<! Hefe/finger
Sarah Hug/les
BONNIE M. MAHONEY
Chief Aauucr
STEVEN O. TilEY
Aulstanl Sol/Cltor
DECISION ORDER
MAILING DATE: November 2, 2001
PARCEL NUMBER: 42-12-0358-oD4A
STEFANIC, DAVID W & SUZANNE B
1215 MCCORMICK ROAD
MECHANICSBURG PA 17055
Dear Property Owner;
This lelter 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: 10/15/2001
DATE DECISION RENDERED: 10131/2001
EFFECTIVE FOR TAX YEAR: 2002
DECISION RENDERED: ! ] Withdrawn By Applicant
(] Abandoned Filr Failure To Appear
[ ) Denied - No Change
[ ) Approved Review Appr8iser's Changes
!Xl Revised Assessment Based on Hearing
r ] Other;
TOTAL VAlUE
FAIR MARKET
CLEAN AND GREEN
CLEAN AND GREEN
STATUS
Old Assessed Valua:
New Assessed Value:
709.590
495,000
NOT
APPLICABLE
Any person aggrieved by the order of the Board of Assessment may appeal to the COIJrt of COmmon
Pleas by filing a petition in the Prothonotary's office on Of before December 2, 2001 .
IwTT
I ........'- u....
"
, , Cumberland County D_drd of Assessment Appeals
Old Courthouse
One Courthouse Square
Carlisle. PA 17013
(717) 240-6350
(717) 240-6354 (fax)
Board 0' A.lses8ment ~I.
Uoyd W. Bucher
R. Fred Helelfinger
Sarah Hugh...
BONNIE M. MAHONEY
Chief AaHlOt
STEVEN D. TILEY
~.IJJnt SolIcitor
DECISION ORDER
MAILING DATE: November 2, 2001
PARCEL NUMBER: 42.12~35&-O11.
STEFANIC, DAVID W & SUZANNEB
1215 MCCORMICK ROAD
MECHANICSBURG PA 17055
Dear Property Owner:
This letter IS to offielally oo~ify you of the decision of the Cumberland County Board of Assessment Appeals
regarding the above-referenced parcel.
DATE OF APPEAl. HEARING: 10/1512001
DATE DECISION REND~RED; 1013112001
EfFeCTIVE FOR TAX YEAR: 2002
DECISION RENDERED: [ J Withdrawn By Applicant
[ ) AbaFldoned For Failure To Appear
r J Denied - No Change
[ J Approved Review Appraiser's Changes
IX] Revised Assessment Based on Hearing
[ J Other:
TOTAl VAlUe
FAIR MAAKET
CLEAN ANI) GREeN
CLEAN AND GREEN
STATUS
Old Assessed Value:
New Assessed Value:
60,910
80.910
NOT
APPLICABLE
My person aggrieved by the order of the Board of Assessment may appeal to the Court of Common
Pleas by filing 8 pelltion In the Prothonotary's office on or before December 2, 2001.
; '~j~~",~".;,..,,,,-,,,,~ . ,'.'~--~" . '" ,,' . '\ ,~., "
','
~
;~
~~'.~ "~~ 0',. ~o,,_,.'. -'"""w'J-"""',.'''__~'' <,' >,"',~ '"~ __..."_
~
~ (:) ~ ~
't ~ h5
&~E
""- TV
-- ~
..0 t I
tv ~ f~
~
'--'-~
(")
C
=-0::'
~W
~~;,.~
~~!
2:
--j
-c
~--~.
~', ...- ".. '-'~'"'''.,,''r~''
"
.
C~
-.-
iC:)
-'-'-'~
'T
z~; ~
C)ll'
C:)
-1:..1
::J
0'''\
~~;
-<
-
^n"~_~ _,'" ,_ ., _!r-T )Jllll! ,"__~~1i!\l~.i~~n-4P0t~'jf.0!<Wf,"""< '''-;'',F;Y, i"','!,:~ ,+~~,,,, i~"~:~f,:-lf:\i:?~_i~,;%,!;.t"i~!i1!S;WifHP,if,,~,j!i~;r.~w~m,~~'
r.~>~"
Appellants,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
APPEAL NO. 2001, t YJ17CIVIL TERM
DAVID W. STEFANIC &
SUZANNE B. STEFANIC,
v.
CUMBERLAND COUNTY BOARD
OF ASSESSMENT APPEALS
Appellee
ORDER
AND NOW, this ~ f' day of fI\ "1r , 2002, upon consideration of the
within Stipulation and Joint Motion for Agreed Order, it is Decreed and Ordered that the
total market value of the Residence Property (as identified in said Stipulation and
known as tax parcel number 42-12-0358-004A) as of the date applicable to this
proceeding is $475,000.00 and that the total market value of the Vacant Lot Property
(as identified in said Stipulation and known as tax parcel number 42-12-0358-011) as
of the date applicable to this proceeding is $46,000.00. As a result of the year 2000
Countywide reassessment, effective January 1, 2001, the common level ratio is not
applicable to said assessments which shall be fixed at the new predetermined ratio
of 100% of year 2000 value. The total assessment of the properties for tax years
beginning on and after January 1, 2002, and thereafter until changed as provided by
law, shall be $475,000.00 for the said Residence Property and $46,000.00 for the
said Vacant Lot Property.
The Cumberland County Assessment Office shall allocate said total
assessments 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
assessments.
BYTH
By:
Edward E. Guido J.
(.,.;..." ~ ;t,.... ):).0.0....... y."F~ Il'"~
~ ~ b ::r..<P- p"::'O
5/7/02. . d f --l\ ,
r{"'~~.
,- ""'_ ',cl'.-" _ . _~" ~,
1,,-
- I,
.ILl
-""""'-'
',:"', " '-- '-- ' .'
?,)i;:~.!1~~!~lili,!wt'riI11;~lM~if~:+)''H:'',d',,,,',::,,b'', ,~B'i);""~"~"j-:,tN,'-';M"i!,<'~4m-ffij;j~"l
f:;F,'?;,:t;h _"~__""~"_;
tfbs)
., --~'''_. ~,--, >~"',, ,
_'.~ "".~""__"U"'_""'__'
'hO" r- ....u.- t:...k:']
1~~JI~:~il . i . ~ '.~-",
OF
IV'I""" {'
..;1. ''.j!,- j -c
"'I.
I..'
'^;en
'., ~"
,.Ji l~f\JTY
PP''F',!C:VI\I-'''I:ji,
. ...-I~., .V'L...>'!'1," r-\
'.' - - ~ ~~-- -> ~--",,,, ""
.
-
<
Appellants,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001.(.~.H CIVIL TERM
DAVID W. STEFANIC &
SUZANNE B. STEFANIC,
v.
CUMBERLAND COUNTY BOARD
OF ASSESSMENT APPEALS
ASSESSMENT APPEAL
Appellee
STIPULATION AND JOINT MOTION FOR AGREED ORDER
AND NOW, this day of February, 2002, it is hereby agreed and stipulated
between Petitioners/Appellants David W. Stefanic and Suzanne B. Stefanic, by their
attorneys, Rhoades & Sinon, L.L.P., by Dean F. Piermattei, Esquire, and
Respondent/Appellee Cumberland County Board of Assessment Appeals by its
attorney, Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor, as
follows:
1. Appellants filed a Notice of Tax Assessment Appeal from decisions of
the Cumberland County Board of Assessment Appeals to which an Order was
entered on December 28, 2001 fixing a date and time for a hearing of February 8,
2002. Counsel for the parties informally reached a settlement agreement on January
25, 2002 and requested that the Court generally continue the hearing pending
finalization of the settlement. The parties have now settled this case.
2. This Assessment Appeal relates to market value applicable as of August
21, 2001, the date the appeal was originally filed before the Board of Assessment
Appeals, effective for assessments beginning on and after January 1, 2002.
3. The properties which are the subject of this appeal are Cumberland
County Tax Parcel No. 42-12-0358-004A a property including acreage, a dwelling,
annex building, barn, garage, and outbuildings known as and numbered 1215
McCormick Road (hereinafter "Residence Property") and a second parcel of vacant
Stipulation and Joint Motion for Agreed Order
David W. Stefanic and Suzanne B. Stefanic vs.
Cumberland County Board of Assessment Appeals
Page 1 of 3
;;.~,\pjk:r.!ll!.
~. ,lhl
n' ,
t',
-, .~
....-
~lII!"'"'mm~
-.----, --
land situate across the street from the foregoing property and identified as
Cumberland County Tax Parcel No. 42-12-0358-011 and which contains
approximately 5.10 acres (hereinafter "Vacant Lot Property"), both properties being
situate in Upper Allen Township, Cumberland County, Pennsylvania.
4. The parties stipulate that the total market value of the Residence
Property is $475,000.00 and that the total. market value of Vacant Lot Property is
$46,000.00 as of the date of the original Petition to the Cumberland County Board of
Assessment Appeals and as of January 1, 2002.
5. As a result of the year 2000 Cumberland County Countywide
reassessment, the predetermined ratio is now 100% of the year 2000 value. The
common level ratio of 100 is inapplicable as it does not vary by more than 15% of the
predetermined ratio. Therefore, the assessment shall be fixed as of January 1, 2002
at $475,000.00 for the Residence Property and at $46,000.00 for the Vacant Lot
Property.
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 $475,000.00 Residence Property assessment and the $46,000.00
Vacant Lot Property assessment shall be effective for tax years beginning on and after
January 1, 2002 and shall remain unchanged unless and until changed as otherwise
provided by law, and shall be implemented beginning with the 2002 county and
municipal taxes and beginning with the 2002-03 school real estate taxes.
8. The Cumberland County Assessment Office shall promptly notify the
appropriate taxing bodies of the change in assessment, and instruct the taxing bodies
to maKe any appropriate refunds.
9. Each party to this appeal shall bear its own costs.
Stipulation and Joint Motion for Agreed Order
David W. Stefanic and Suzanne B. Stefanic vs.
Cumberland County Board of Assessment Appeals
Page 2 of 3
~';;;;~n!,_
-;;- 'r." " !_. __- -, - '~, .
~ "1'"1'
~- , 1
,,~.4., ,.,,~~
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,
PETITIONERS/APPELLANTS
DAVID W. STEFANIC AND SUZANNE
B. STEFANIC
RHOADES & SINON, UP.
F. Piermattei, Esquire
One South Market Square
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Petitioners/Appellants
RESPONDENT, CUMBERLAND COUNTY
BOARD OF ASSESSMENT APPEALS
DATED: /11"7 ~ eilSJ.9 '2-
BY ~ c;fJ. -;~ L:)
~~~Tiley, Esquire
Assistant Cumberland County Solicitor
Attorney for Respondent
5 South Hanover Street
Carlisle, PA 17013
(717) 243-5838
Supreme Court 10# 32318
Stipulation and Joint Motion for Agreed Order
David W. Stefanic and Suzanne B. Stefanic vs.
Cumberland County Board of Assessment Appeals
Page3 of 3
;"'''''''''''R''-i'J!1'l.1f~" ',,,", ,
~I' .
~~'?-'I
,,~r
--" ~-" ~~
'^'~
. - ~ ~ < ~
^'."",~ ~ ~',-.:fu",;;,",..,.- ,-- ~ ,.",.,-",-~,..;;.~",,-", ,~, '.'. l..w."'."'-....~"~~rl'l'':~:ilrt-'tr':''t":;t~;j-J.'-'~;
0 Co ~--)
C ['.' ",]
~. G.
-u [(, .'-'
n-'I <
Z
7"
c/j f'<.)
;S;
'.- ~
,~~ -
.".' t~~
:J; ,--
..~,..
~c:... .:-~)
-( r....:.
-
~~
,~~~~<,_,~!IlI].~,~JJ..~i"~I~~~nJ!fffl','''''!<\'*WP''!J~''N;"'''"'':''i',f-'lf't'''__;",,^;',W.~ffi~~.~~~~-w.-~i''$iJ.r1~!~!l',i,\!lh11>!l:.~~