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Home My WebLink About11-8508IN THE COURT OF COMMON PLEAS PENNSYLVANIA OF CUMBERLAND COUNTY = , In re: Appeal of the Shippensburg CIVIL ACTION - LAW ?-=T Area School District from the Decision of the Board of Assessment Assessment Appeal Appeals of Cumberland County NO. - PETITION FOR APPEAL FROM DECISION OF THE CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS AND NOW COMES, the Shippensburg Area School District, by and through its undersigned counsel, and hereby files the within Real Estate Tax Assessment Appeal, and in support thereof, alleges the following: 1. The Appellant, Shippensburg Area School District ("District"), is a. school district duly organized under the laws of the Commonwealth of Pennsylvania, including the Pennsylvania School code of 1949, as amended with its main offices located at 317 North Morris Street, Shippensburg, PA 01527- 1654. 2. The Appellee is the Board of Assessment Appeals of Cumberland County ("Board"). The Board is appointed pursuant to the Consolidated County Assessment Law 53 Pa. C.S.A. § 8801 of seq. Tax Parcel No. 34-33-1865-014C 3. Upon information and belief, Michael H. and Diane K. Reed are the owners of the real property, located within the Shippensburg Area School District situate at 303 N. Fayette Street and 305 N. Fayette Street, Shippensburg, PA 17257, and identified by the Board of Assessment as Parcel No. 34-33-1865- 014C. 1 0.wL q2' OD P, a J Cia 16563 F.* 9(0-7 ";kA 4. The property owners, Michael H. and Diane K. Reed, filed an Assessment Appeal to the Board of Assessment challenging the value of One Million Eighty-One Thousand Eight Hundred Dollars ($1,081,800.00), and an appeal hearing was held on October 12, 2011, wherein the Board of Assessment set the fair market value at Five Hundred Ninety-Five Thousand Dollars ($595,000.00) resulting in a new assessed value of Five Hundred Ninety-Five Thousand Dollars ($595,000.00). 5. The Order from the Board of Assessment set the New Assessed Value at Five Hundred Ninety-Five Thousand Dollars ($595,000.00). 6. The Assessment identified in this Petition is not in conformity with applicable law because: a. The Assessment represents a value of the Premises which is less than its fair market value, taking into account the price which a purchaser, willing but not obligated to buy, would pay an owner, willing but not obliged to sell, taking into consideration all uses for which the Premises is adapted and might reasonably be applied; b. The Assessment is not comparable with assessments of other similar real estate in the vicinity of the Premises; C. The Assessment and its valuation of the Premises are arbitrary and unreasonable when compared with comparable and neighboring properties; d. When related to assessments of similarly situated property owners, the Assessment of the premises is arbitrary and capricious; e. The Assessment as determined by the Board does not reflect the current market value of the premises as multiplied by the State mandated ratio as determined by the State Tax Equalization Board; 2 f. The Assessment lacks uniformity; and g. The Assessment is otherwise unjust and inequitable. 7. The Appellants have been aggrieved by the action of the Board and each Assessment of the parcels subject to this Petition. WHEREFORE, the Appellant, by and through its counsel, respectfully request this Honorable Court, in accordance with the Consolidated County Assessment Law 53 Pa. C.S.A. § 8801 of seq. and 53 Pa. C.S.A. § 8854; 8855, to hear this appeal and to render an appropriate, just and equitable Order and Decree with respect to this Appeal. Respectfully submitted: AND E & BEARD Loll David P. Andrews, Esquire Pa. I.D. No. 25439 Emily L. Bristol, Esquire Pa. I.D. No. 307349 3366 Lynnwood Drive Altoona, PA 16603-1311 814-296-7796 Fax: 814-943-0519 Counsel for Shippensburg Area School District 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA In re: Appeal of the Shippensburg CIVIL ACTION - LAW Area School District from the Decision of the Board of Assessment Assessment Appeal Appeals of Cumberland County NO. CERTIFICATE OF SERVICE I, David P. Andrews, Esquire, hereby certify that on this 10th day of November, 2011, a true and correct copy of the foregoing Petition for Appeal has been sent via regular U.S. Mail, postage prepaid to the following parties: Stephen D. Tiley, Esquire One Courthouse Square Carlisle, PA 17013 Michael H. and Diane K. Reed 10655 Pine Road Orrstown, PA 17244 Shippensburg Borough 111 N. Fayette Street P.O. Box 129 Shippensburg, PA 17257 ANDREWS & BEARD David P. Andrews, Esquire Pa. I.D. No. 25439 3366 Lynnwood Drive P.O. Box 1311 Altoona, PA 16603-1311 814-296-7796 Fax: 814-943-0519 4 IN RE: APPEAL OF THE SHIPPENSBURG AREA SCHOOL DISTRICT FROM THE DECISION OF THE BOARD OF ASSESSMENT APPEALS OF CUMBERLAND COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 11-8508 CIVIL TERM IN RE: AMENDED PETITION FOR APPEAL FROM THE DECISION OF THE CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS" ORDER OF COURT AND NOW, this 23`d day of February, 2012, due to a conflict in the Court's schedule, the hearing previously scheduled in this matter for April 12, 2012, is rescheduled to Thursday, May 17, 2012, at 9:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. Stephen D. Tiley, Esq. 5 South Hanover Street Carlisle, PA 17013 /David P. Andrews, Esq. Emily Bristol, Esq. ANDREWS & BEARD 3366 Lynnwood Drive P.O. Box 1311 Altoona, PA 16603-1311 Attorneys for Shippensburg Area School District BY THE COURT, e-? G C7 y --t ? r rn r* rn CO -arrl Christylee 1? eck, J. ?T -a C-1 7 V Shippensburg Borough 111 N. Fayette Street P.O. Box 129 Shippensburg, PA 17257 Michael H. Reed and ? Diane K. Reed 10655 Pine Road Orrstown, PA 17244 :rc L'C'prrs m a . lei' L/,;? `/// -). ,ECG 4 S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA In re: Appeal of the Shippensburg Area School District from the Decision of the Board of Assessment Appeals of Cumberland County Property: 303 N. Fayette Street Shippensburg, PA 17257 and 305 N. Fayette Street Shippensburg, PA 17257 CIVIL ACTION - LAW r, Assessment Appeal NO. 11-8508 CD Filed on Behalf of: Shippensburg Area School District Praecipe to Discontinue David P. Andrews, Esquire Pa. I.D. No. 25439 Emily L. Bristol, Esquire Pa. I.D. No. 307349 Counsel for Shippensburg Area School District ANDREWS & BEARD 3366 Lynnwood Drive P.O. Box 1311 Altoona, PA 16603-1311 814-943-7796 FAX - 814-943-0519 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA In re: Appeal of the Shippensburg CIVIL ACTION - LAW Area School District from the Decision of the Board of Assessment Assessment Appeal Appeals of Cumberland County NO. 11-8508 PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-referenced action discontinued and ended without prejudice and no costs paid to either side. Respectfully submitted: NDavid P. Andrews, Esquire Pa. I.D. No. 25439 Emily L. Bristol, Esquire Pa. I.D. No. 307349 3366 Lynnwood Drive Altoona, PA 16603-1311 814-296-7796 Fax: 814-943-0519 Counsel for Shippensburg Area School District 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA In re: Appeal of the Shippensburg CIVIL ACTION - LAW Area School District from the Decision of the Board of Assessment Assessment Appeal Appeals of Cumberland County NO. 11-8508 CERTIFICATE OF SERVICE I, David P. Andrews, Esquire, hereby certify that on this 3rd day of May, 2012, a true and correct copy of the foregoing Praecipe to Discontinue has been sent via regular U.S. Mail; postage prepaid to the following parties: Samuel E. Wiser, Jr., Esquire Shippensburg Borough Solicitor 79 St. Paul Drive Chambersburg, PA 17201 Stephen D. Tiley, Esquire 5 South Hanover Street Carlisle, PA 17013 Michael H. and Diane K. Reed 10655 Pine Road Orrstown, PA 17244 ANDREW & BEARD Lfz-oz David P. Andrews, Esquire Pa. I.D. No. 25439 Emily L. Bristol, Esquire Pa. I.D. No. 307349 Andrews and Beard 3366 Lynnwood Drive, P.O. Box 1311 Altoona, PA 16603-1311 2