The URL can be used to link to this page

Home My WebLink About10-7261RICHARD J. BIELICKI and JANET E. BIELICKI Petitioners v. v n -rt o IN THE COURT OF COMMON *S6 =-T3 :OF CUMBERLAND COUNTY, {?. m Qv PENNSYLVANIA -n :NO. 10- 702 ?o CIVIL T40 ';::? CUMBERLAND COUNTY ASSESSMENT: OFFICE e ;I Respondent : TAX ASSESSMENT APPEAL PETITION FOR REVIEW AND NOW this 190' day of November, 2010, comes Petitioners Richard J. Bielicki and Janet E. Bielicki, and Petitions that this Honorable Court pursuant to the Fiscal Code to review the determination of the County Assessment Office as to the appropriate value of certain real estate for taxing purposes based on the following: Petition For Review (In the Nature of an Appeal) Tax Parcel Number 01-21-0271-289 1. This Court has jurisdiction over this matter pursuant to the Fiscal Code 72 P.S. Section 5020-518.1 and the Judicial Code 42 Pa. C.S. Section 933. 2. Petitioners are adult citizens currently residing at 2703 Logan Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. At all times relevant to this Petition, Petitioners are owners of real estate located at 2703 Logan Street, Camp Hill, Cumberland County, Pennsylvania. 4. The property in question is designated as Parcel Number 01-21-0271-289 by the Cumberland County Assessment Office, and contains 0.26 acres and a residence structure. 5. In 2010 the Assessment Office increased the value of the parcel in question, 4 9?"d0 pd &5k gW asy 1-7 Parcel Number 01-21-0271-289, from $240,000 (as assessed by the ORDER of the Court Of Common Pleas of Cumberland County, Pennsylvania, 04-5250 CIVIL, dated the 4t' day of February, 2005) to $466,600. 6. Petitioners appealed this reassessment to the Cumberland County Board of Assessment Appeals, arguing that: the ORDER of the Court Of Common Pleas of Cumberland County, Pennsylvania, issued the 4t' day of February, 2005, setting the value of this property at $240,000, is apparently being ignored by the Assessment Office. This may be in violation of that Court ORDER and the Pennsylvania Constitution and Pennsylvania Statutes; this new tax assessment is not the actual current value that this property could be sold for; no improvements have been made to this property in the intervening years between the ORDER of the Court and the 2010 reassessment; the housing market has been severely depressed for the last two or three years and, in many cases, real estate values actually declined since the last County wide reassessment in 2004; real estate sales in Petitioners neighborhood have been poor, with two homes adjoining our property having been advertised for sale for nearly three years. The owners, having no success in selling, have resorted to renting these homes while still attempting to sell. A comer property one block from ours was for sale for over two years and the owners finally sold to their daughter because no other buyers appeared; the Gross Living Area calculated by the Assessors Office is 3,512 square feet while the actual Living Area is much less, recently measured by Petitioners at 2,525 square feet; the 2010 reassessment disregards, negates and contradicts the equalizing effects to equal taxation among property owners 2 resulting from the costly County wide reassessment done during the year 2004; the reassessment violates the Pennsylvania Constitution relating to equal taxation among property owners. 7. On October 28, 2010, following a formal appeal hearing, the Cumberland County Board of Assessment Appeals decreased the assessment of Parcel Number 01-21-0271-289 from $466,600 to $380,000. This decreased value still constitutes a $140,000, or 58%, increase in tax assessed value from February 2005 to January 2010. Since the real estate market is poor and shows no signs of improving despite massive federal subsidies, and no improvements have been made to Petitioners property in the intervening years, Petitioners believe that the Board of Assessment Appeals has chosen to totally ignore the ORDER of the Court issued the 4th day of February 2005 and, instead, use assessment formulas and inappropriate comparables is assessing this property. 8. The average 2010 assessed value of all properties within a one block radius of Petitioners property is $272,314. This is probably more reflective of the actual current value of Petitioners property. 9. Petitioners appeal this determination as the tax assessed value is inappropriate and unconstitutional. WHEREFORE Petitioners pray this Honorable Court set a hearing date to hear evidence as to why the assessed value imposed by the Cumberland County Assessment Office is incorrect and prejudicial to Petitioners. Respectfully Submitted 14414?zwz 'chard J. a cki 2703 Lo Street Camp Hill, PA 17011 717-412-7530 I RICHARD J. BIELICKI and IN THE COURT OF COMMON PLEAS OF JANET E. BIELICKI, CUMBERLAND COUNTY, PENNSYLVANIA Petitioners vs. 04-5250 CIVIL CUMBERLAND COUNTY ASSESSMENT OFFICE, Respondent TAX ASSESSMENT APPEAL ORDER AND NOW, this - y day of February, 2005, afterTieaiing and consideration of the testimony adduced, and following review of the exhibits, the appeal of the petitioners is SUSTAINED to the extent that the value of the subject property is determined to be $240,000. Richard J. and Janet E. Bielicld Petitioners Stephen Tiley, Esquire For Respondent :rlm BY THE COURT, f VERIFICATION I, Richard J. Bielicki, hereby verify that the statements in the foregoing Petition are true and correct to the best of my knowledge and belief. I understand that statements made herein are subject to the penalties of Title 18 Pa. S.C. Section 4904 relating to unworn statements to authorities. November 19, 2010 R.i J. Bielicki RICHARD J. BIELICKI and JANET E. BIELICKI, Petitioners vs. CUMBERLAND COUNTY ASSESSMENT BOARD, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-7261 CIVIL IN RE: APPEAL FROM DETERMINATION OF CUMBERLAND COUNTY BOARD OF ASSESSMENT ORDER AND NOW, this 36' day of November, 2010, hearing in the above-captioned assessment appeal is set for Friday, April 15, 2011, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Richard J. Bielicki Janet E. Bielicki Petitioners Stephen Tiley, Esquire For Respondent Arn c CS Q ?t rn a C:=) CD y =41 N? -,r- n -V. = o a? a o o -i a BY THE COURT, OF THE LPROTHONCOTARY Stephen D. Tiley, Esquire 201 APR + 3 PM • Supreme Court I.D. No.32318 Attorney for Cumberland County Board of Assessment Appeals 5 South Hanover Street CUMBERLAND COUNTY Tel: 717-243-5838 Carlisle. Pennsylvania 17013 PENNSYLVANIA Fax: 717-243-6441 RICHARD J. BIELICKI and IN THE COURT OF COMMON PLEAS JANET E. BIELICKI OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioners V. CIVIL ACTION - LAW THE BOARD OF ASSESSMENT APPEALS OF CUMBERLAND COUNTY NO. 10-7261 Civil Term Respondent REAL ESTATE TAX ASSESSMENT APPEAL Parcel No. 01-21-0271-289 PRAECIPE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Appellee, Cumberland County Board of Assessment Appeals, in the above captioned matter. Dated: ?.? 1r7Respectfully submitted, 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.13132318 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 RICHARD J. BIELICKI and IN THE COURT OF COMMON PLEAS JANET E. BIELICKI OF CUMBERLAND COUNTY, . PENNSYLVANIA Petitioners V. CIVIL ACTION - LAW THE BOARD OF ASSESSMENT APPEALS OF CUMBERLAND COUNTY NO. 10-7261 Civil Term Respondent REAL ESTATE TAX ASSESSMENT APPEAL Parcel No. 01-21-0271-289 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Praecipe to Enter Appearance by placing a true and correct copy of the same in the United States mail, postage pre-paid, addressed to: Matthew D. Coble, Esquire Pa ID# 89603 Kathryn L. Mason, Esquire Pa ID# 306779 ELLIOTT GREENLEAF & BALABAN Attorney for Appellants 27 North Front Street P.O. Box 1284 Harrisburg, PA 17108-1284 Tel. No. (717)-234-3282 J. Stephen Feinour, Esquire Elizabeth D. Snover, Esquire Attorney for Camp Hill Borough Attorney for Camp Hill School District NAUMAN SMITH SHISSLER & HALL, LLP JOHNSON DUFFIE STEWART & WEIDNER 18' Floor 301 Market Street 200 North Third Street P.O. Box 109 Harrisburg, PA 17101 Lemoyne, PA 17043-0109 Date: ?? -?dll Stephen D. Tiley, Esquire Assistant Cumb. Co. Solicitor 5 S. Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D.#32318 RICHARD J. BIELICKI and JANET E. BIELICKI Petitioners V. THE BOARD OF ASSESSMENT APPEALS OF CUMBERLAND COUNTY Respondent Parcel No. 01-21-0271-289 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-7261 Civil Term REAL ESTATE TAX ASSESSMENT APPEAL ORDER AND NOW, this J q' day of April, 2011, upon representation by Stephen D. Tiley, Esquire, counsel for the Appellee, that the parties have agreed to a general continuance pending settlement negotiations, the hearing scheduled for April 15, 2011 is cancelled and the matter is continued generally at the call of either party. By The Court ?' '? 2, 1? C? Kevin ess, P. J. c ° co - a cc: Matthew D. Coble, Esquire < a. Kathryn L. Mason, Esquire ,I zap J. Stephen Feinour, Esquire CI Elizabeth D. Snover, Esquire Stephen D. Tiley, Esquire / A RICHARD J. BIELICKI and JANET E. BIELICKI Petitioners V. THE BOARD OF ASSESSMENT APPEALS OF CUMBERLAND COUNTY Respondent Parcel No. 01-21-0271-289 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-7261 Civil Term c o -va REAL ESTATE TAX ASSES* APPEAL 41 o C") zz ORDER ° --? car ` , 2011, up1bn -- AND NOW, this 2-Y day of Atvj Q CZ) C'3 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 22, 2010, is $350,000. 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 $350,000. This assessment shall be implemented beginning with year 2011 County and municipal taxes, and year 2011/12 School Real Estate Taxes, and shall continue thereafter until revised in accordance with law. By The Court Kevin A. cc: Mr. and Mrs. Richard J. Bielicki V Stephen D. Tiley, Esquire J J. Stephen Feinour, Esquire ?/ Richard W. Stewart, Esquire ax8