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Home My WebLink About11-8897I IN RE: APPEAL OF IN THE COURT OF COMMON PLEAS OF BHARATKUMAR JIVABHAI CUMBERLAND COUNTY, PENNSYLVANIA PATEL From Decision of the CIVIL ACTION - LAW CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS NO. 11-8897 CIVIL TERM IN RE: PETITION FOR APPEAL ORDER OF COURT AND NOW, this 27th day of March, 2012, upon relation of the attorneys in this matter that they are in the process of settlement negotiations, the hearing previously scheduled for March 29, 2012, is CONTINUED GENERALLY. Counsel are directed to notify the Court by motion if a hearing in this matter is required or when a settlement has been reached. ? N BY THE COURT -7- s L ' C p Christylee L eck, J. Douglas G. Miller, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Petitioner Stephen D. Tiley, Esq. 5 South Hanover Street Carlisle, PA 17013 Attorney for Cumberland county Board of Assessment Appeals -v/Edward L. Schorpp, Esq. 35 South Thrush Drive Carlisle, PA 17013 Solicitor for Cumberland County Richard P. Mislitsky, Esq. One West High Street Carlisle, PA 17013 Attorney for South Middleton Township v"'Philip H. Spare, Esq. 221 West Philadelphia Street Suite 600 York, PA 17401 Attorney for South Middleton School District :rc Ctljo%e5 mall eev J//.--'7//a nlq;- 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 IN RE: APPEAL OF : IN THE COURT OF COMMON PLEAS BHARATKUMAR JIVABHAI PATEL : OF CUMBERLAND COUNTY : PENNSYLVANIA Appellant V. From the Decision of the N CUMBERLAND COUNTY NO. 11-8897 CIVIL TERMr=n,, BOARD OF ASSESSMENT APPEALS -? -„ : REAL ESTATE TAX --? ` r Appellee : ASSESSMENT APPEAL ` Parcel No. 40-22-0489-019 % • STIPULATION AND JOINT M OTION FOR AGREED ORDER AND NOW, this day of April, it is hereby Agreed and Stipulated by and between the Appellant Bharatkumar Jivabhai Patel by his attorneys, Irwin & McKnight, P. C., and the Appellee, 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. Appellant filed a "Petition for Appeal" on November 28, 2011. The Court, by Judge J. Wesley Oler, Jr., entered an Order dated December 13, 2011, setting a hearing date of March 29, 2012. By Order dated March 27, 2012 by Judge Christylee L. Peck, the hearing was continued generally. The parties have now settled this case. 2. This assessment appeal relates to market value as of September 1, 2011, the date the appeal was originally filed before the Board of Assessment Appeals, and year 2012 taxes. 3. The property which is the subject of this appeal consists of a gas station and convenience store located at 2001 West Trindle Road in South Middleton Township, Cumberland County, Pennsylvania. The property is further identified as Cumberland County Tax Parcel No. 40-22-0489-019. 4. The property was originally assessed for $330,400. The Board of Assessment Appeals set the fair market value of the property at $300,000. '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, to wit: September 1, 2011, is $290,000. 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 2012 shall be $290,000. 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 $290,000 shall be implemented beginning with year 2012 County and municipal taxes, and beginning with 2012/13 school real estate taxes. The said assessment of $290,000 shall be effective for tax years beginning on and after January 1, 2012, 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. (This Stipulation may not be implemented before the 2012 County and municipal bills are printed. This paragraph will only be applicable if taxes are paid pursuant to the prior assessment.) 9. Each party to this appeal shall bear its own costs. 10. The Court is requested to enter the proposed Order attached hereto. 11. The undersigned Attorneys 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, BHARATKUMAR JIVABHAI PATEL, By: / Douglas G. ler, Esquire Attorney for Appellant Irwin & McKnight, P.C. 60 West Pomfret Street Carlisle, Pa 17013 CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS and COUNTY OF CUMBERLAND By: - Al? 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 IN RE: APPEAL OF IN THE COURT OF COMMON PLEAS BHARATKUMAR JIVABHAI PATEL OF CUMBERLAND COUNTY PENNSYLVANIA Appellant , V. From the Decision of the CUMBERLAND COUNTY NO. 11-8897 CIVIL TERM BOARD OF ASSESSMENT APPEALS : REAL ESTATE TAX Appellee : ASSESSMENT APPEAL Parcel No. 40-22-0489-019 , ORDER 0 > a- >J C AND NOW, this day of 4rp *, 2012, upon Stipulation and Joint Motion for h w 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: September 1, 2011, is $290,000. 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 $290,000. This assessment shall be implemented with year 2012 County and municipal taxes and year 2012/13 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. By The Court U6 ?-/ ?- Aul- Christylee L. eck, J. SDT/tl ?b ut1 1