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HomeMy WebLinkAbout10-7326 IN THE COURT OF COMMON PLEAS OF n CUMBERLAND COUNTY, PENNSYLVANIA WELDON, ROBERT L. AND DONNA S., Petitioners v. -03 r'nw r+? No./ 3 --LL . A CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Respondent CIVIL ACTION AT LAW PETITION FOR REVIEW FROM BOARD OF ASSESSMENT APPEALS OF CUMBERLAND COUNTY TO THE HONORABLE, THE JUDGES OF SAID COURT: C= 0 O -c N clw C4 C1 s rnr=- ,am ?a X`r ;rn The Petition of Robert L. and Donna S. Weldon (hereinafter referred to as "Petitioner") respectfully represents: 1. The Court has jurisdiction over this matter pursuant to Section 933 of the Judicial Code of 1976, 42 Pa.C.S. § 933 and 72 P.S. § 5453.704. 2. Petitioner is the owner of the property located in Upper Allen Township, Cumberland County, Pennsylvania (hereinafter referred to as "Property"). 3. Respondent is the Cumberland County Board of Assessment Appeals (hereinafter referred to as the "Board") organized and existing pursuant to the General County Assessment Law, the Act of May 22, 1933, P.L. 853, as amended, 72 P.S. § 5020-101 et seq., and The Fourth to Eighth Class and Sf o6 la PAW C40 k R-44- 1-$-/ se?.- Selective County Assessment Law, the Act of May 21, 1943, P.L. 571, as amended, 72 P.S. § 5453.101 et seq., with an office at Old Courthouse, Carlisle, Pennsylvania 17013. 4. Gary Eichelberger, Richard L. Rovegno and Barbara B. Cross constituted the Board of Assessment Appeals when this matter was decided. 5. The parcel of Property which is the subject of this appeal is identified for real estate tax assessment purposes as Parcel No. 42-12-0358-018, 921 McCormick Road, Mechanicsburg. 6. The involved parcel number consists of two separate and distinct lots (Nos. 1 (designated erroneously) and 9 in Plan Book 52, page 130). 7. On June 10, 2010, Petitioner appealed to the Board seeking a reduction in the assessed value of the Property. A copy of the appeal labeled Exhibit "A" is attached hereto and made a part hereof. 8. A hearing was held before the Board on October 22, 2010. 9. On October 22, 2010, an Auxiliary Board decided immediately following the hearing to set a market value of $680,000 for the Property. The decision of the Board of Assessment Appeals was mailed to Petitioner on October 27, 2010. A copy of the decision is attached hereto, incorporated herein and labeled Exhibit "B". 10. The common level ratio for the 2010 tax year in Cumberland County is 100 percent. -2- 1 1. The new assessment fixed by the Board is erroneous, illegal, unconstitutional, unjust and contrary to law because: a. The new assessment imposed against the Property is excessive and not in accord with the standard of "actual value" and "equalization" as prescribed by Section 402 of "The General County Assessment Law" (72 P.S. § 5020-402, as amended) or the standard of "actual value" and "equalization" prescribed by Section 602 of the Fourth to Eighth Class County Assessment Law, as amended (72 P.S. § 5453.602, as amended) and judicial decisions interpreting said standards of value. b. Said new assessment is excessive, constitutes a taking without due process and is not uniform and equal in relation to the assessments of other properties in Cumberland County and does not accord with the statutes of the Commonwealth of Pennsylvania applicable thereto and violates Article I, Sections 9 and 10 and Article VIII, Section I of the Pennsylvania Constitution and the Fourteenth Amendment to the United States Constitution. c. The assessed value is excessive in that it represents a market value higher than the actual market value. d. Denial of an equivalent or equalized Clean and Green taxable value to Petitioner's land violates the statutory right to equalization and Petitioner's rights to due process, uniformity of taxation and equal protection guaranteed by Article I, Sections 9 and 10 and Article VIII, Section 1 of the Pennsylvania Constitution and the Fourteenth Amendment to the United States Constitution. -3- e. Petitioner's parcels (erroneously designed as Lot 1 and Lot 9 contained in Plan Book 52, page 130) were acquired on separate and distinct dates and must be assessed distinctly for property tax purposes. The highest and best use of Lot 9 is as undevelopable farmland. Upper Allen Township's prohibition against development of Lot 9 has been ignored by the County for assessment purposes. Further, Lot 1 in Plan Book 52, Page 130 has never been owned by Petitioner. Rather, Petitioner's second parcel is reflected in Plan Book 23, Page 85. 12. Petitioner is aggrieved by the action of the Board in assessing the Property as averred above and will furnish proof of the unfair, illegal and discriminatory nature of said assessment at a hearing on this matter. WHEREFORE, Petitioner requests the Court to hear this Appeal and to make said Order and Decree with respect thereto as shall be just and reasonable and as shall establish the right and proper assessment of value which is uniform and equal in relation to the assessment of other similar properties in Cumberland County and to make such other Orders and Decrees with respect thereto as shall be just and equitable. Respectfully submitted, Robert L. Weldon Donna S. Weldon 921 McCormick Road Mechanicsburg, PA 17055 (717) 255-8021 Dated: November 23, 2010 -4- w -? •• ' CUMBERLAND COUNTY ASSESSMENT APPEAL - RESIDENTIAL or LAND Under the provisions of law any Person* aggrieved by any assessment desiring to appeal shall file a statement in writing, with the Board of Assessment Appeals on or before 6/14/10 . Such statement shall designate the assessment appealed from and the address to which the Board shall mail notice of when and where to appear for a hearing. No appeal shall be heard by the board unless appellant shall first have filed the appeal and required documents on or before 6/14/10 , as set forth by law. (*) includes taxing districts Record Owner(s) Name: Robert L. Weldon and Donna S. Weldon Mailing Address: 921 McCormick Road Mechanicsburg. PA 17055 Site Location of Property Subject of Appeal: Assessors Tax Map Identification #: Building and/or Land Use: 921 McCormick Road Number Street I/n Lots 1 & 9 PB 52 PG 130 I'd Upper Allen Twp. Boro/Township Partial Dining Room Number of Stories 2 Total Rooms 8 Bedrooms 3 Family Room 1 Full Baths 2 Partial Detached Half Baths 1 Basement ^ Garage (Cars) 4 A Carport 0 Fireplace 2 Central Air Partial 2 separate lots, Lot Size/Acreage Condominium Common Element N/A Home 985 $230,000-1985 Date Purchased Other Lot 87 Purchase Price $75,000-1987 Amount of Fire Insurance N/A Assessment Appealed $931,600 Opinion of Market Value of this Property Appraisal to be Obtained If property is Rented, State Annual Rent N/A State Reasons for Filing This Appeal: Property assessment exceeds market value. Assessment process contrary to law, uniformity violated. List Sales of Comparable Properties Property Owner Location Date Sold Purchase Price A raisal to be Obtained L;eruncate of Appeal Uwe hereby declare my/our intention to appeal from the assessed valuation of the property described above and do hereby verify that the statements made in this appeal are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904, 'ng to unswom falsification to authorities. Signed: Date: 6/10/10 ?? Phone # (Home) 691-0647 Owners(s) of Record (Day/Office) 255-8021 All notice of these proceedings shall be mailed to: Office Use Only Fee Name: Robert L. Weldon Address: 921 McCormick Road EXHIBIT "A" J Cumberland County Board of Assessment Appeals Old Courthouse, First Floor One Courthouse Square Carlisle, PA 17013 42000432-F5-1 WELDON, ROBERT L & DONNA S 921 MCCORMICK ROAD MECHANICSBURG PA 17055 I THIS IS NOT A TAX BILL I Cumberland County Board of Commissioners Gary Eichelberger, Chairman Richard L. Rovegno, Vice-Chairman Barbara B. Cross, Secretary DECISION NOTICE CUMBERLAND C Y BOARD OF ASSESSMENT APPEALS This is your official notice of the decision by the Cumberland County Board of Assessment Appeals regarding your appeal of the assessed value of the real property described below. The Board has determined a change or no change in assessed value, as indicated and explained below. MAILING DATE: 10/27/2010 Munic.: 42 - UPPER ALLEN TOWNSHIP School: 6 - MECHANICSBURG SD Location: 921 MCCORMICR ROAD LOTS 1 & 9 PB 52 PG 130 Taxable Property Property Type: R Residential(Under 10 Acres) Homestead Approved Parcel Identifier: 42 -12 - 0 3 5 8- 018 . Effective for Tax Year: 2 011 FAIR .MARKET BOARD DECISION ASSESSED VALUE ASSESSED VALUE Land 386,800 316,100 Buildings 544,800 363,900 TOTAL 931,600 680,000 CLEAN AND GREEN Land NOT NOT Buildings APPLICABLE APPLICABLE TOTAL Tax Status Taxable Taxable Clean and Green Status DECISION: Revised Assessment Based on Hearing. As of October 22, 2010, the Board of Assessment Appeals and/or one of its Auxiliary Boards has issued the above decision regarding your formal assessment appeal. This is your final notice. If you are not satisfied with this decision, you may appeal to the Cumberland County Court of Common Pleas within 30 days from the date of this notice. cc: Secretary of Municipality Secretary of School District Ed Schorpp, Solicitor EXHIBIT "B" CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.A.P. 121: Service by First Class Mail addressed as follows: Gary Eichelberger, Chairman Cumberland County Board of Assessment Appeals Old Courthouse 1 Courthouse Square Carlisle, PA 17013 James G. Cochran, President Upper Allen Township Commissioners 100 Gettysburg Pike Mechanicsburg, PA 17055 Dennis Marion, Chief Clerk Cumberland County Commissioners Old Courthouse 1 Courthouse Square Carlisle, PA 17013 Alan T. Vandrew, Secretary Mechanicsburg Board of School Directors Administrative Office 100 E. Elmwood Avenue, 2"d Floor Mechanicsburg, PA 17055 Dated: November 23, 2010 Robert L. Weldon Donna S. Weldon 921 McCormick Road Mechanicsburg, PA 17055 (717) 255-8021 S NOV 2 4 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELDON, ROBERT L. AND DONNA S., No. cam- /6-73a G Petitioners V. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Respondent ORDER CIVIL ACTION AT LAW oo- A hearing in the above matter is hereby scheduled on t e;o at : a.m./b".. before the Court of Common P of Cumberland County c/r'''` or' tt 3, J. l4n, Ft *E S onv t u 120 n c zrn z? rn- e r -<> ? rn o° r z -+co zc n z to z a 3i rE0-0FF1H H6 I JN 10 PIS I, ! a; IMBERLAND COUNTY IN THE MWi %MMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELDON, ROBERT L. AND DONNA S., No. 10-7326 Civil Petitioners V. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Respondent CIVIL ACTION AT LAW JOINT MOTION FOR CONTINUANCE OF HEARING 1. Taxpayers/Petitioners filed a Petition for Review from Board of Assessment Appeals of Cumberland County on November 23, 2010. 2. A hearing has been scheduled by the Court in the above-captioned matter on February 11, 2011 at 9:30 a.m. before Judge Edward E. Guido. 3. The attorney for Petitioners, Robert L. Weldon, will be in Phoenix, Arizona on the date of the scheduled hearing. 4. Stephen D. Tiley has entered an appearance on behalf of the Respondent Board of Assessment Appeals. 5. Mr. Weldon and Mr. Tiley intend to engage in negotiations to determine if a settlement is possible. 6. The attorneys concur in this request to continue the hearing indefinitely so that the negotiations may continue in an attempt to avoid the need for a hearing. WHEREFORE, it is requested that the hearing be continued generally at the call of either party. Respectfully submitted, Robert L. Weldon, Esquire Keefer Wood Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 Attorney I.D. No. 18033 (717) 255-8021 r Stephen D. Tiley, Assistant Solicitor Board of Assessment Appeals Frey & Tiley 5 South Hanover Street Carlisle, PA 17013-3307 Attorney I.D. No. (717) 243-5838 Dated: Januaryfl, 2011 -2- CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person and in the manner indicated below which service satisfies the requirements of Pa. R.A.P. 121 : Service by First Class Mail addressed as follows: Robert L. Weldon, Esquire Keefer Wood Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8021 Dated: January /a, , 2011 ,&R?7 /0 , -7G-? Step en . Tiley, Assistant Solicitor Board of Assessment Appeals Frey & Tiley 5 South Hanover Street Carlisle, PA 17013-3307 Attorney I.D. No. -ZJ--?/J7 (717) 243-5838 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 24 F?141 WELDON, ROBERT L. AND DONNA S. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, Petitioner : PENNSYLVANIA CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS NO. 10-7326 Civil CIVIL ACTION LAW -;MM =:Z) r, Respondent Parcel No.: 42-12-0358-018 ENTRY OF APPEARANCE TO THE PROTHONOTARY: 0 -a 3 -7) Please enter my appearance on behalf of the Respondent, Cumberland County Board of Assessment Appeals, in the above captioned matter. Dated: //?X'70'y Respectfully submitted, of Assessment Appeals 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.13132318 By Step n D. Ttley, Esquire Attorney for Cumberland County Board FILL-D-0 F ICf- Stephen D. Tiley, Esquire ,,Supreme Court I.D. No.32318 !AN 14 AM 10= P 7 Attorney for Cumberland C Board of Assessment Appeal-, 5 South Hanover Street M E R L A K? C Q U H3 Tel: 717-243-5838 Carlisle Pennsylvania 17013 a E i S Y L VA l' I 1A Fax: 717-243-6441 WELDON, ROBERT L. AND DONNA S. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, Petitioner : PENNSYLVANIA : NO. 10-7326 Civil CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS CIVIL ACTION LAW Respondent Parcel No.: 42-12-0358-018 ANSWER AND NOW, comes the Cumberland County Board of Assessment Appeals, by and through Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor for Tax Matters, and files this Answer to the "Petition for Review from Board of Assessment Appeals of Cumberland County," of which the following is statement: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part. Denied in part. Under Sections 301 and 302 of The Fourth to Eighth Class County Assessment Law (72 P. S. §5453.301 and 5453.302) a Fourth Class County may appoint an independent Board of Assessment Appeals to hear and decide such assessment appeals. Cumberland County has done so. The County Commissioners named at paragraph four of the Petition constitute the Administrative Board of Assessment Appeals. The Board of Assessment Appeals for assessment appeal hearings is composed of Lloyd Bucher, Albert Peterman, and Allen Shank. It is noted that in the year of Countywide reassessment auxiliary appeal boards are also authorized by The County Code. (16 P.S. §1770.3) 5. Admitted. 6. Admitted in part. Denied in part. The averments of this paragraph are admitted except that the lots are not separate and distinct, but rather combined pursuant to the plan notations described in paragraph 11 of this Answer. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. By way of further Answer, the common level ratio is 100% of year 2010 value. 11. Denied. The averments of this paragraph, and each of its sub-lettered paragraphs, constitute conclusions of law to which no responsive pleading is required. To the extent that facts are averred they are denied, and strict proof at trial is demanded. By way of further Answer, with regard to paragraph 11(e), the Plan for Lot 9, recorded at Cumberland County Plan Book 52, Page 130, states: "Lot No. 9 is sub- standard according to Upper Allen Township Zoning Regulations, and as such must be combined with adjoining property of Robert L. Weldon, and cannot be later sold as a separate lot." As Lot No. 9 is combined with the property of Robert L. Weldon pursuant to said Plan note, it is not a separate taxable parcel of land and the Respondent believes, therefore avers that the properties are properly assessed as a single tax parcel. 12. Denied. The averments of this paragraph set forth conclusions of law to which no responsive pleading is required. 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 assessment, of the property, in such amount as the Court may seem just and proper. Dated: /1j?/Vo/l Respectfully submitted, Stephen D. iley, 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: 1?/gi0 Bonnie M. Mahoney, Chief Assessor 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 WELDON, ROBERT L. AND DONNA S. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, Petitioner : PENNSYLVANIA CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS Respondent Parcel No.: 42-12-0358-018 : NO. 10-7326 Civil : CIVIL ACTION LAW 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: Robert L. Weldon, Esquire Attorney for Petitioner's Keefer Wood Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 J. Steven Feinour Attorney for Upper Allen Township Nauman Smith P.O. Box 840 Harrisburg, PA 17108-0840 Philip H. Spare, Esquire Attorney for Mechanicsburg Area School District Stock & Leader 221 W. Philadelphia St., Suite E-600 York, PA 17401 /l0 Date: Ste en D. iley, Esquire Assistant Cumb. Co. Solicitor 5 S. Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D.#32318 f .. 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 WELDON, ROBERT L. AND DONNA S. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, Petitioner : PENNSYLVANIA CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS Respondent Parcel No.: 42-12-0358-018 NO. 10-7326 Civil -, r a CIVIL ACTION LAW' cn N c STIPULATION AND JOINT MOTION FOR AGREED ORDER AND NOW, this /-P 4 day of May, 2012, it is hereby Agreed and Stipulated by and between the Petitioners Robert L. Weldon, Esquire and Donna S. Weldon, Esquire, pro se, and the Respondent, Cumberland County Board of Assessment Appeals and County of Cumberland, by Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor for Tax Matters; as follows: 1. Petitioners filed a "Petition for Review from Board of Assessment Appeals and Cumberland County" on November 23, 2010. The Court, by the Honorable Edward E. Guido, entered an Order scheduling a hearing for February 11, 2011. Thereafter, by Order dated January 13, 2011, the February 11"' hearing was cancelled and the matter continued generally. The parties have now settled this case. 2. This assessment appeal relates to fair market value as of June 10, 2010, the date the appeal was originally filed before the Board of Assessment Appeals, and 2011, and future years, real estate taxes. Stipulation and Joint Motion for Agreed Order - Robert and Donna Weldon Page 1 of 3 3. The property which is the subject of this appeal consists residential structures and other improvements situate at 921 McCormick Road, in Upper Allen Township, Cumberland County, Pennsylvania. The property is further identified as Cumberland County Tax Parcel No. 42-12-0358-018. 4. The parties stipulate that the total fair market value of the property as of the date the original appeal was filed before the Board of Assessment Appeals, June 10, 2012, is $650,000. 5. As a result of the year 2010 Cumberland Countywide reassessment, the predetermined ratio is 100% of year 2010 value. There is no Common Level Ratio applicable to the year 2010 Countywide reassessment value. The parties stipulate that the assessment first applicable for taxes beginning in year 2011 shall be $650,000. The assessment shall continue in this amount for future years, until changed as provided by law. 6. The Cumberland County Assessment 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 assessed value of $650,000 shall be implemented beginning with year 2011 County and municipal taxes, and beginning with 2011/12 school real estate taxes. The said assessment of $650,000 shall be effective for tax years beginning on and after January 1, 2011, and shall continue thereafter unless and until changed as otherwise provided by law. 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 - Robert and Donna Weldon Page 2 of 3 10. The Court is requested to enter the proposed Order attached hereto. 11. The undersigned Attorneys and parties each hereby warrant to the other, and to the parties, and to the Court, that he/she has reviewed this Settlement Stipulation with his/her client or clients and that he/she has specifically been authorized to enter into this Settlement Stipulation by his/her client or clients. Dated: Respectfully submitted, c Robert L. Weldon, Esquire, Petitioner Donna S. Weldon, Esquire, Petitioner CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS and COUNTY OF CUMBERLAND By Stephen D. Tiley, Esquire Assistant Cumb. Cty. Solicitor for Tax Matters Attorney for Cumberland County Board of Assessment Appeals Frey and Tiley 5 South Hanover Street Carlisle, PA 17013 Tel. No. (717) 243-5838 Supreme Court ID# 32318 Stipulation and Joint Motion for Agreed Order - Robert and Donna Weldon Page 3 of 3 WELDON, ROBERT L. AND DONNA S. Petitioner CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS Respondent Parcel No.: 42-12-0358-018 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7326 Civil CIVIL ACTION LAW C Mao =M D 7 ". y._.. y C. C_ ro 1-2l _I81:1 :7 AND NOW, this day of IM V , 2012, 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: June 10, 2012, is $650,000. As a result of the year 2010 Cumberland Countywide reassessment, the predetermined ratio is 100% of year 2010 fair market value. The Common Level Ratio is not applicable to the year 2010 Countywide reassessment values. Therefore, the assessment of the property shall be $650,000. This assessment shall be implemented 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. The Cumberland County Assessment Officer shall allocate the said assessment between land and improvements in accordance with the law and 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. The Court Edward E.Guido, J. cc: Stephen D. Tiley, Esquire Robert L Weldon, Esquire ? Donna S. Weldon, Esquire celp;es mcc:l??/ S??S?z