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Home My WebLink About10-6790 ~~ 3 OCi' 2 9 2010 JOHN MCCREA & SALLY J. WINDER, Petitioners vs. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, NORTH NEWTON TOWNSHIP, and BIG SPRING SCHOOL DISTRICT IN THE COURT OF COMMON PLEAS OF 1 CUMBERLAND COUNTY, PENNSYLVANIA R CIVIL ACTION -LAW NO. /b~G 7~t 6 OF 2010 ORDER OF COURT AND NOW, this ~ day of N ~~ , 2010, upon consideration of the within Petition for Appeal an1d motion of Sally J. Winder, a hearing on the within Petition is scheduled for the/ ~ day of ~ ~, at Ct,-m., o'clock prevailing time, in Courtroo~ ,Fourth Floor, Cumberland County Court House, One Courthouse Square, Cazlisle, Pennsylvania. the Court, J. Sally J. Winder For Petitioner -~ ~.~ ~' teve Tiley, Esq. ~~ ~-.~' -"' Board of Assmnt Appeals ~;~, ..~ ~ -~-*~ - :~ F T ' t:_~ ~i %~ ~o ~. -~~ ~/'~ ~ ~, y- - ~ ~ -< 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 JOHN McCREA & IN THE COURT OF COMMON PLEAS SALLY J. WINDER, : OF CUMBERLAND COUNTY, Petitioners VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, NORTH NEWTON TOWNSHIP, and BIG SPRING SCHOOL DISTRICT, Respondents Parcel No. 30-07-0483-007; 012; 013 : PENNSYLVANIA NO. 2010-6790 CIVIL • L7 pV Cal z? m rq rn . ko • °; cn c: ? . _.., ,rt e : REAL ESTATE TAX : ASSESSMENT APPEAL ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Respondent, Cumberland County Board of Assessment Appeals, in the above captioned matter. Dated: Respectfully submitted, By- Stephen D. Tiley, Esquire Attorney for Cumberland County Board of Assessment Appeals 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.D.#32318 Stephen D. Tiley, Esquire Supreme Court No. 32318 Attorney for Appellant Cumberland County Board of Assessment Appeals 5 South Hanover Street Tel: 717-243-5838 Carlisle. Pennsylvania 17013 Fax.: 717-243-6441 JOHN McCREA & : IN THE COURT OF COMMON PLEAS SALLY J. WINDER, : OF CUMBERLAND COUNTY, : PENNSYLVANIA Petitioners VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, NORTH NEWTON TOWNSHIP, and BIG SPRING SCHOOL DISTRICT, Respondents : NO. 2010-6790 CIVIL : REAL ESTATE TAX Parcel No. 30-07-0483-007; 012; 013 : ASSESSMENT APPEAL CERTIFICATE OF SERVICE 3 nco m ? r- m c? --a m > c r- C 3 3 `P cn „ I hereby certify that I served a true and correct copy of the foregoing Entry of Appearance by placing a certified true and correct copy of the same in the United States mail, postage pre-paid, addressed to: John McCrea Sally J. Winder Petitioners P. O. Box 341 Newville, PA 17241 Michael A. Scherer, Esquire Baric Sherer Solicitor for North Newton Township 19 West South Street Carlisle, PA 17013 Philip H.. Spare, Esquire Stock & Leader Solicitor for Big Spring Area School District 221 W. Philadelphia St., Suite E-600 York, PA 17401-2994 Date: Step en D. Tiley, Esquire Assistant Cumb. Co. Solicitor 5 S. Hanover Street Carlisle. PA 17013 (717) 243-5838 Attorney I.D.#32318 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 JOHN McCREA & : IN THE COURT OF COMMON PLEAS SALLY J. WINDER, : OF CUMBERLAND COUNTY, : PENNSYLVANIA Petitioners VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, NORTH NEWTON TOWNSHIP, and BIG SPRING SCHOOL DISTRICT, Respondents Parcel No. 30-07-0483-007; 012; 013 NO. 2010-6790 CIVIL . to r° rn c? : REAL ESTATE TAX : ASSESSMENT APPEAL ORDER AND NOW, this A) 14 day of Feburary, 2011, upon representation by Stephen D. Tiley, Esquire, counsel for the Cumberland County Board of Assessment Appeals, that it and the Petitioner have agreed to a general continuance of the above captioned matter, and that no appearance has been entered for any other Respondent, the hearing previously scheduled for February 14, 2011 is cancelled, and the case is continued generally at the call of any party. By the Court Edward E. Guido, J. SDT/mm ? John McCrea and Sally J. Winder, Petitioners Stephen D. Tiley, Esquire Mould ?Phillip H. Spare, Esquire 0 es ?Michael A. Scherer, Esquire -OIQI Stephen D. Tiley, Esquire Attorney for Cumberland County Board of Assessment Appeals 5 South Hanover Street Carlisle Pennsylvania 17013 JOHN McCREA & SALLY J. WINDER, Petitioners VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, NORTH NEWTON TOWNSHIP, and BIG SPRING SCHOOL DISTRICT, Respondents Parcel No. 30-07-0483-007; 012; 013 Supreme Court I.D. No. 32318 Tel: 717-243-5838 Fax: 717-243-6441 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA tJ NO. 2010-6790 CIVIL =M M -<>- --A C,a REAL ESTATE TAX ASSESSMENT APPEAL ANSWER AND NOW, comes Respondent, Cumberland County Board of Assessment Appeals, by its attorney, Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor for Tax Matters, and files this Answer to Petitioner's "Petition for Appeal from the Decision of the Cumberland County Board of Assessment Appeals," of which the following is statement: 1. Admitted. 2. Admitted. 3. Admitted. By way of further Answer, the Cumberland County Board of .? rn --A CJ Assessment Appeals is not specifically created under the General County Assessment Law, but rather was created pursuant to Section 301 of The Fourth to Eighth Class County Assessment Law. 72 P.S. §5453.301. The Board continues to exist under Section 8851 of the recently adopted Consolidated County Assessment Law to be codified to 53 Pa. C.S.A. § 8851. 4. Admitted. By way of further Answer, the Respondent has no knowledge of the actual service of the Petition. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. The averments of this paragraph, and each of its sub-lettered paragraphs, set forth conclusions of law to which no responsive pleading is required. Strict proof at trial is required. By way of further Answer, the common level ratio is not applicable to the year 2010 Countywide reassessment values, which are the subject of this appeal. 9. Denied. The averments of this paragraph, and each of its sub-lettered paragraphs, set forth conclusions of law to which no responsive pleading is required. To the extent that this paragraph avers facts, those facts are unsupported as to the fair market value of the property, and strict proof at trial is demanded. By way of further Answer, the Respondent, Cumberland County Board of Assessment Appeals, will show that the actual fair market value of the properties is in excess of that set forth in paragraph 9 of the Petition. WHEREFORE, Respondent, Cumberland County Board of Assessment Appeals, prays Your Honorable Court for an Order denying Petitioner's appeal or, in the alternative, fixing the fair market value, and therefore assessment, of the properties in such amount as the Court may deem just and proper. Dated: ,_ /? // Respectfully submitted, By Stepfien 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 VERIFICATION I verify that the statements made in the foregoing Answer are true and correct, partially upon personal knowledge and partially upon my belief; to the extent language in the Answer is that of my attorneys, I have relied upon my attorneys in making this Verification. I understand that false statements herein are made and subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: ?? J,? esser Stephen D. Tiley, Esquire Supreme Court No. 32318 Attorney for Appellant Cumberland County Board of Assessment Appeals 5 South Hanover Street Tel: 717-243-5838 Carlisle Pennsylvania 17013 Fax.: 717-243-6441 JOHN McCREA & : IN THE COURT OF COMMON PLEAS SALLY J. WINDER, : OF CUMBERLAND COUNTY, : PENNSYLVANIA Petitioners : NO. 2010-6790 CIVIL VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, CUMBERLAND COUNTY, NORTH NEWTON TOWNSHIP, and BIG SPRING SCHOOL DISTRICT, Respondents : REAL ESTATE TAX Parcel No. 30-07-0483-007; 012; 013 : ASSESSMENT APPEAL CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Answer by placing a certified true and correct copy of the same in the United States mail, postage pre-paid, addressed to: John McCrea Sally J. Winder Petitioners P. O. Box 341 Newville, PA 17241 Michael A. Scherer, Esquire Baric & Scherer Solicitor for North Newton Township 19 West South Street Carlisle, PA 17013 Philip H. Spare, Esquire Stock & Leader Solicitor for Big Spring Area School District 221 W. Philadelphia St., Suite E-600 York, PA 17401-2994 Date: v2;/y/j ice, 7 <?4 _x? Stephen D. Tiley, Esquire Assistant Cumb. Co. Solicitor 5 S. Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.13432318 .+"'.John G. French, Esquire Attorney for Cumberland County Board of Assessment Appeals 1 Courthouse Square, Room 107 Carlisle, PA 17013 Attorney I.D. No. 90788 Tel.: 717-759-5297 JOHN McCREA & SALLYJ: WINDER' Petitioners V S. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, NORTH NEWTON TOWNSHIP AND THE BIG SPRING SCHOOL DISTRICT, Respondents MUNICIPALITY: NORTH NEWTON TOWNSHIP IN IN THE COURT OF COMMON PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIAt,Z :- rnCo. ' 33. (rn - 3> c, .,tet:^ '+_ .46- , _i ; crt - ,,y:: • NO: 10-6790 CIVIL TERM it':. , 4 f'ft , ;'- ;l A REAL ESTATE TAX ASSESSMENT APPEAL Parcel No. 30-07-003-007;012; 013 PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE PURSUANT TO PA. R.CIV.P.1012(b) Please withdraw my appearance on behalf of the Appellee Cumberland County Board of Assessment Appeals, in the above captioned matter. Dated: 7 817569.1 Respectfully submitted, By Stephen Il: Tiley, Esquire 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.D.#32318 4- , ah JOHN McCREA & SALLY J. WINDER Petitioners vs. : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA • • • • CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, NEWTON TOWNSHIP AND THE BIG SPRING NO. 10-6790 CIVIL TERM SCHOOL DISTRICT, Respondents REAL ESTATE TAX MUNICIPALITY: ASSESSMENT APPEAL NEWTON TOWNSHIP Parcel No. 30-07-0483-007;012; 013 CERTIFICATE OF SERVICE I hereby certify that on May 12, 2014, a true and correct copy of the foregoing Praecipe for Withdrawal/entry of Appearance, Pursuant to Pa. R.Civ.P. 1012(b) was served by means of United States mail, first class, postage prepaid, upon the following: John McCrea Philip H. Spare, Esquire Sally J. Winder STOCK AND LEADER Petitioners Attorney for Big Spring Area School District P.O. Box 341 221 W. Philadelphia Street, Suite E-600 Newville, PA 17241 York, PA 17401 Michael A. Scherer, Esquire BARIC SHERER Solicitor for North Newton Township 19 West South Street Carlisle, PA 17013 ohn G. French, Esquire r' - Please enter my appearance on behalf of the Appellee Cumberland County Board of Assessment Appeals, in the above captioned matter. Dated: / 2 l Respectfully submitted, By ,>-4.-,_ ,7<7 4,--C.-e( Jo G. French, Esquire Solicitor for Cumberland County Board of Assessment Appeals 1 Courthouse Square, Room 107 Carlisle, PA 17013 (717) 759-5297 Supreme Court I.D. # 90788