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Home My WebLink About10-6706WILLIAM C. KOLLAS and IN THE COURT OF COMMON PLEAS OF WILLIAM C. COSTOPOULOS, CUMBERLAND COUNTY, PENNSYLVANIA Appellants ~.~ CIVIL ACTION -LAW - N ` ' „r1 _.., vs. NO. 10-6706 CIVIL ` i_ ~ _ ~ ~ ~-^ - . - =~ - ~ ~-, CUMBERLAND COUNTY ``r'' ' {- => ~~~' BOARD OF ASSESSMENT , ~ ~ -- `~~= ~ APPEALS, CUMBERLAND ~ . y { ~ T` c`:a c VALLEY SCHOOL DISTRICT and: ,.=-~_ ~'~ ~- ~'' .r ~~"' MIDDLESEX TOWNSHIP, --~~ ,' :.a Appellees ~ ~ ~" IN RE: APPEAL FROM THE DECISION OF THE CUMBERLAND COUNTY BOARD OF ASSESSMENT ORDER AND NOW, this Z'~day of November, 2010, upon consideration of the foregoing petition, it is hereby ordered that: 1. A rule is issued upon the Appellees to show cause why the Appellant is not entitled to the relief requested; 2. the Appellees shall file an answer to the petition within twenty (20) days after the petition is served on the Appellees; 3. a hearing is set for Wednesday, February 9, 2011, at 1:30 p.m. in Courtroom No. 4, Cumberland County Courthouse, Carlisle, PA.; and 4. notice of entry of this order shall be provided by the Appellant to all interested parties in accordance with Pa.R.C.P. 440. ~C~ t fr:S ~.~ l f ~r~~/~ ~/'~ BY THE COURT, f FiLEO-OFFICE OF THE PROTHONOTARY 2010 DEC -2 PM 12: 18 CUMBERLAND COUNTY PENNSYLVANIA Keith O. Brenneman, Esquire Supreme Court ID No. 47077 Snelbaker & Brenneman, P. C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Appellee Middlesex Township WILLIAM C. KOLLAS and IN THE COURT OF COMMON PLEAS OF WILLIAM C. COSTOPOULOS, CUMBERLAND COUNTY, PENNSYLVANIA Appellants V. : CIVIL ACTION -LAW CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, NO. 10-6706 CIVIL CUMBERLAND VALLEY SCHOOL DISTRICT and MIDDLESEX TOWNSHIP, Appellees RESPONSE OF MIDDLESEX TOWNSHIP TO THE PETITION FOR APPEAL FROM THE DECISION OF THE CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS Appellee Middlesex Township, by its Solicitor Snelbaker & Brenneman, P. C., submits this Response to the Petition For Appeal filed in the above matter as follows: 1. -11. Admitted. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 12. - 20. Denied. After reasonable investigation, this party is without sufficient information to form a belief as to the truth of the averments contained in paragraphs 12 through 20 of the Petition; therefore, same are denied. 21. Admitted. 22. Admitted. 23. Denied. Paragraph 23 and all sub-paragraphs thereof set forth unwarranted conclusions of law to which no response is required by this party; therefore, same are deemed to be denied. WHEREFORE, Respondent Middlesex Township requests this Court affirm of the decision of the Cumberland County Board of Assessment Appeals with respect to the properties that are the subject of the Petition in this action. SNELBAKER & BRENNEMAN, P. C. By: Date: December 1, 2010 Iffl-? Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Appellee Middlesex Township LAW OFFICES I I _ SNELBAKER 8C -2 BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Response to Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Elieen Gault, Township Manager Date: LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Response to Petition For Appeal to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: James W. Kollas, Esquire Kollas and Kennedy 1104 Fernwood Avenue Suite 104 Camp Hill, PA 17011 Stephen D. Tiley, Esquire 5 South Hanover Street Carlisle, PA 17013 Date: December 2, 2010 Jerry R. Duffie, Esquire 301 Market Street P. O. Box 109 Lemoyne, PA 17043 SNELBAKER & BRENNEMAN, P. C. Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Appellee Middlesex Township By: LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Stephen D. Tiley, Esquire Supreme Court I. D. No. 32318 Attorney for Cumberland County Board of Assessment Appeals 5 South Hanover Street Tel: 717-243-5838 Carlisle. Pennsylvania 17013 Fax: 717-243-6441 WILLIAM C. KOLLAS, and : IN THE COURT OF COMMON PLEAS WILLIAM C. COSTOPOULOS : OF CUMBERLAND COUNTY, : PENNSYLVANIA Appellant VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, CUMBERLAND: VALLEY SCHOOL DISTRICT, and MIDDLESEX TOWNSHIP, Appellee Parcel No. 21-04-0371-046 CIVIL ACTION - LAW p 1 c ? NO. 10-6706 CIVIL Mrn rn MF - cz7 v rn REAL ESTATE TAX ASSESSME NT APPEAL MOTION TO VACATE RULE TO SHOW CAUSE AND FOR GENERAL CONTINUANCE AND NOW, comes the Cumberland County Board of Assessment Appeals, Appellee, by its attorney, Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor for Tax Matters, and files this Motion to Vacate Rule To Show Cause, and for General Continuance, of which the following is statement: This assessment appeal involves the "Regency North" Mobile Home Park situate in Middlesex Township, Cumberland County, Pennsylvania, and being Tax Parcel No. 21-04-0371-046. On October 21, 2010, taxpayer filed a "Petition for Appeal from the Decision of the Cumberland County Board of Assessment Appeals." On November 2, 2010, the Court by the Honorable Kevin A. Hess, P.J., issued a Rule to Show Cause upon the Appellees to show cause why the taxpayer is not entitled to the relief requested. The Rule further set a hearing date for Wednesday, February 9, 2011. 2. The Rule also required that Appellees file an Answer within 20 days of service, and the Cumberland County Board of Assessment Appeals filed an Answer on November 22, 2010. 3. All of the Appellees, and the Petitioners, concur in requesting that the Court enter an Order vacating the Rule to Show Cause, canceling the February 9, 2011 hearing date, and continuing the case generally. The parties have, and will, undertake settlement negotiations and if unsuccessful the parties will ask the Court to schedule a hearing in the future, and to proceed to hear the case under general rules applicable to assessment appeals. WHEREFORE, the Appellee and Movant, Cumberland County Board of Assessment Appeals, prays Your Honorable Court for an Order vacating the Rule to Show Cause dated November 2, 2010, canceling the February 9, 2011 hearing date, and continuing the matter generally, at the call of any party. Dated:,- Respectfully submitted, Stephen D. Tiley, Esquire Assistant Cumb. Cty. Solicitor For Tax Matters 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.D.#32318 WILLIAM C. KOLLAS, and IN THE COURT OF COMMON PLEAS WILLIAM C. COSTOPOULOS OF CUMBERLAND COUNTY, PENNSYLVANIA Appellant VS. CIVIL ACTION - LAW CUMBERLAND COUNTY BOARD OF NO. 10-6706 CIVIL ASSESSMENT APPEALS, CUMBERLAND COUNTY, CUMBERLAND: VALLEY SCHOOL DISTRICT, and . MIDDLESEX TOWNSHIP, Appellee . REAL ESTATE TAX ASSESSMENT Parcel No. 21-04-0371-046 : APPEAL CERTIFICATE OF ERVICE I hereby certify that I served a true and correct copy of the foregoing Motion to Vacate Rule to Show Cause and for General Continuance by placing a certified true and correct copy of the same in the United States mail, postage pre-paid, addressed to: James W. Kollas, Esquire Attorney for Petitioner Kollas and Kennedy 1104 Fernwood Avenue, Suite 104 Camp Hill, PA 17011 Keith O. Brenneman, Esquire Solicitor for Middlesex Township 44 West Main Street Mechanicsburg, PA 17055 Jerry R. Duffie Esquire Solicitor for Cumberland Valley School District 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Date: .?? e?y Stephen D. iley, Esquire Assistant Cumb. Co. Solicitor 5 S. Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.13132318 WILLIAM C. KOLLAS, and WILLIAM C. COSTOPOULOS Appellant VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, CUMBERLAND: VALLEY SCHOOL DISTRICT, and MIDDLESEX TOWNSHIP, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-6706 CIVIL Appellee Parcel No. 21-04-0371-046 REAL ESTATE TAX ASSESSMENT APPEAL ORDER AND NOW, this 1' day of February, 2011, upon consideration of the foregoing Motion to Vacate Rule to Show Cause and for general continuance, and upon representation by Stephen D. Tiley, Esquire, counsel for the Cumberland County Board of Assessment Appeals, that all parties concur in that Motion, the Rule to Show Cause dated November 2, 2010 is vacated, the hearing scheduled for February 9, 2011 is cancelled, and the matter is continued generally, at the call of any party. By The Court Kevin . Hess, P.J. ?" cc: Stephen D. Tiley Esquire a , ,**' James W. Kollas, Esquire ,/Keith O. Brenneman, Esquire l n COP' ?Q/r 5? C" _" /Jerr R Duffi E i f . y e, squ re ?w w WILLIAM C. KOLLAS, and WILLIAM C. COSTOPOULOS Appellant VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, and CUMBERLAND COUNTY, CUMBERLAND VALLEY SCHOOL DISTRICT, and MIDDLESEX TOWNSHIP, Appellee Parcel No. 21-04-0371-046 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW n f.., c NO. 10-6706 CIVIL =m CAO rrl cn r i =o REAL ESTATE TAX ASSESSMENT APPEAL ORDER x rn C) c' ?a f? -r ? AND NOW, this 91 day of A-Ar , 2011, upon Stipulation and Joint Motion for Agreed Order, it is Decreed and Ordered that the fair market value of the property which is the subject of this appeal, as of the date of the original Petition to the Cumberland County Board of Assessment Appeals, to wit: July 16, 2010, is $2,375,000. The within appeal is applicable to the year 2010 Cumberland Countywide reassessment. The predetermined ratio applicable to the year 2010 Cumberland Countywide reassessment is 100% of year 2010 fair market value. The Common Level Ratio is not applicable to the year 2010 Countywide reassessment. Therefore, the assessment for purposes of the year 2010 Countywide reassessment shall be $2,375, 000. The Cumberland County Assessment Office shall allocate the said assessment between land and improvements, in accordance with law and the procedures of the Cumberland County Assessment Office, and shall instruct the taxing bodies to make any appropriate :refunds. The said Stipulation and Joint Motion for Agreed Order is incorporated herein. cc: James W. Kollas, Esquire Keith O. Brenneman, Esquire Jerry R. Duffle, Esquire Stephen D. Tiley, Esquire By The Cot Kevin A. 14,