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Home My WebLink About04-5090THOMAS O. AND AMY L. MCALISTER APPELLANTS, V. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, APPELLEE V. CUMBERLAND COUNTY, UPPER FRANKFORD TOWNSHP and BIG SPRING SCHOOL DISTRICT DISTRICT, INTERESTED PARTIES. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. Ok ;020 CIVIL DIVISION PETITION FOR APPEAL AND NOW, this 23rd day of September 2004, come THOMAS O. and AMY L. MCALISTER ("Appellants"), by and through its attorneys, Irwin & McKnight, and files the within Petition for Appeal, and in support thereof states as follows: 1. Thomas O. and Amy L. McAlister are the record owners of a residential property situate at Forty-Six Knoll Lane, Upper Frankford Township, Cumberland County, Pennsylvania (the "Property") and identified as Parcel # 43-06-0031-029H in the Cumberland County assessment records. 2. Cumberland County, Upper Frankford Township and Big Spring School District are the taxing bodies interested in the taxable status of the Property. 3. The Board of Assessment Appeals of Cumberland County, Pennsylvania (the "Board") is a Board created under the Act of June 21, 1939, P.L. 626, 72 P.S. §5342 et seq., authorized to assess and value real property for the purpose of taxation in counties of the Fourth Class and to hear appeals from said assessments by aggrieved parties. 4. In 2000, the Cumberland County Assessment Office assessed the Property in the amount of Fifty-One Thousand One Hundred Fifty and no/100 ($51,150.00) Dollars. 5. In 2004, pursuant to a county-wide reassessment, the Cumberland County Assessment Office assessed the Property in the amount of Eighty-Three Thousand Nine Hundred Fifty and no/100 ($83,950.00) Dollars, to become effective tax year 2005. 6. As of March 1, 2004, the Property was described for the 2005 tax year on the official records of Cumberland County as follows: Description Assessment Land $33,000 Improvements $50,95 0 Total $83,950 T The 2004 assessed value of the Property is a Thirty-Two Thousand Eight Hundred and no/100 ($32,800.00) Dollar increase over the value assessed in year 2000. 2 8. On March 16, 2004, Appellant duly appealed the 2004 assessment to the Board for regress and reduction of said assessment. A copy of said appeal Application is attached hereto and marked as Exhibit "A" 9. After a hearing, the Board lowered the assessment on the Property from Eighty-Three Thousand Nine Hundred Fifty and no/100 ($83,950,00) Dollars to Eighty Thousand Eighty and no/100 ($80,080.00) Dollars by issuing a Decision Order ("Decision") dated September 8, 2004. A copy of the Decision is attached hereto and marked as Exhibit "B". 10. This Petition is herewith timely presented within thirty (30) days from the mailing date of the Decision since the thirtieth (30) day is Friday, October 8, 2004 11. Appellants are aggrieved by the Board's adjudication. Specifically, Appellants aver, on information and belief, that the assessment remains unfair, unreasonable and excessive. Appellants further aver as follows: A. The assessment is not equal or uniform with other properties similarly located in Cumberland County. C. The assessment does not reflect the actual value of the property. D. Other such reasons as will be developed at the time of hearing. WHEREFORE, the Appellants, being aggrieved by the assessment of the Board, files this Petition for Appeal and requests that this Honorable Court herein determine its appeal and decrease the assessment of the Property to such amount as may be right and proper. Respectfully submitted, IRWIN & McKNIGHT C , cam. By: Roger B. Ir nI. squire Supreme Co . No. 06282 Marcus A. McKnight, IIl, Esquire Supreme Court I.D. No. 25476 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorneys for Appellants Date: September 24, 2004 4 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and us in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ' ? 0hwc a. THOMAS O. MCALISTER AMY E. MCALISTER Date: t Vo elr ?'?`?"""` l I?`N"' CUMBERLAND COUNTY u 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 . . Such statement shall designate the assessment appealed from and the address to which the Board shall mail'hotice 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 as set forth by law. (') includes taxing districts Record Owner(s) Name: // IT/V0 /1) r95 jf?G/9? 1 S72w Mailing Address: 76 IfI1,1 4?_ L .?'/ I /t/??/ 11j r ? ? // ?? // f ? / 74;21/ Site Location of Property Subject of Appeal: T G' rf ??dy /-- (?`?/n?A /???'%f, Number Street Borolrownship Assessors Tax Map Identification #: ? ._ 3 r w - ?/ 7 Building and/or Land Use: Number of Stories _? Total Rooms _ Bedrooms ^ Family Room , Full Baths half Baths _ Basse7ment -9 Garage(Cars) _ Carport J Fireplace _ Central Air Lot Size/Acreage 8 ?F /7? if Condominum Common Element Date Purchased / 9 ?'S (a Purchase Price 8DUhlyfgf'f9?r?/4nount of Fire Insurance / ??;uC' tf Assessment Appealed 3 4 0 y Opinion of Markef ?al{ae of this Property Nl'US%= f CT ??/7?J If property is Rented, State Annual Rent r? ?{ State Reasons for Filing This Appeal: L G 1P ,? ?'?f l? 1>'1 ? l (??x`_ ,.AND i S ??; I ?f ? List Sales of Comparable Properties Property Owner Location Certificate of appeal CU MAR 1 3 2004 Vwe 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. l understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, rrel ing to unsworn falsificaatioonn to authorities. / / L? Signed: ?/ Q 4Z? C?, ?7-? Date: 3 ? / Ft ~ 0 4 7 ?y ? ?e Q Ci /mil C 6_ L0c.?,, Phone #: (Home) 77,E 73 / Owner(s) of Record (Day/Office) All notices of these proceedings shallllbbe--mailed to: ??t Name: /?`/oA/Q? d f?l?/?1 /J?rj"R' Office Use Only f1~,ee Address: ?? ??(%?? ?-,?/?G /9NIJ ???ctS.tt/ti% ?3J0c?rjJ?t??P? A/g/vi) fCCF_?ED 7/ 3R, ,?I?UG?r?? ??N? /sue ,'?,,.?? ?-??? /7 ?L?? Cumberland County Board of Assessment Appeals Old Courthouse One Courthouse Square Carlisle, PA 17013 Board of Assessment Appeals Lloyd W. Bucher R. Fred Hefelfinger Sarah Hughes DECISION ORDER MCALISTER, THOMAS O & AMY L 46 KNOLL LANE NEWVILLE PA 17241 Dear Property Owner: (717) 240-6350 (717) 240-6354 (fax) BONNIE M. MAHONEY Chief Assessor STEPHEN D. TI LEY Assistant Solicitor MAILING DATE: September 8, 2004 PARCEL NUMBER: 43-06-0031-029H This letter is to officially notify you of the decision of the Cumberland County Board of Assessment Appeals regarding the above-referenced parcel. DATE OF APPEAL HEARING: 08/12/2004 DATE DECISION RENDERED: 09/08/2004 EFFECTIVE FOR TAX YEAR: 2005 DECISION RENDERED: [ ] Withdrawn By Applicant [ ] Abandoned For Failure To Appear [ ] Denied - No Change [ ] Approved Review Appraiser's Changes [X] Revised Assessment Based on Hearing [ ] Other: TOTAL VALUE FAIR MARKET CLEAN AND GREEN Old Assessed Value: 83,950 New Assessed Value: 80,080 NOT APPLICABLE CLEAN AND GREEN STATUS Any person aggrieved by the order of the Board of Assessment may appeal to the Court of Common Pleas by filing a petition in the Prothonotary's office on or before October 8, 2004. THOMAS O. AND AMY L. MCALISTER, APPELLANTS, V. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, APPELLEE V. CUMBERLAND COUNTY, UPPER FRANKFORD TOWNSHP and BIG SPRING SCHOOL DISTRICT, INTERESTED PARTIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL DIVISION CERTIFICATE OF SERVICE I, Marcus A. McKnight, 111, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Stephen D. Tlley, Esq., Solicitor Cumberland County Board of Assessment Appeals Old Courthouse One Courthouse Square Carlisle, PA 17013 Richard C. Snellbaker, Esq., Solicitor Big Spring School District Snelbaker, Brenneman & Spare, P.C. 44 West Main Street P. O. Box 318 Carlisle, PA 17013 Edward L. Schorpp, Esq., Solicitor Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Steven J. Fishman, Esq., Solicitor Upper Frankford Township Salzmann, Hughes & Fishman, P.C. 95 Alexander Spring Road Carlisle, PA 17013 6 IRWIN & McKNIGHT By: Roger B L , Esquire Supreme I.D. No. 06282 Marcus A. McKnight, III, Esquire Supreme Court I.D. No. 25476 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Date: September 24, 2004 ?n- '? _ `?\ ?. ?? ?? ,? ?? => ,.? ?? ? -? c?a -„ ?-, -? -,? -„ ?? _,,1? 43?? ?) `' ,, . ^, c;, -. IRWIN & MCKNIGHT By: Roger B((IrwEsquire Supreme Co I.D. No. 06282 Marcus A. McKnight, III, Esquire Supreme Court I.D. No. 25476 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Date: September 24, 2004 Ll? OCT 1 2 2004 E THOMAS O. AND AMY L. MCALISTER APPELLANTS, v. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, APPELLEE V. CUMBERLAND COUNTY, UPPER FRANKFORD TOWNSHP and BIG SPRING SCHOOL DISTRICT INTERESTED PARTIES. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. C)`I ?5090 CIVIL DIVISION ORDER OF COURT IM/ AND NOW, this IS day of October, 2004, a hearing in reference to the attached Petition for Appeal is scheduled for the aU "{ day of 2004, at/: (X/Om. in Courtroom Number of the Cumberland County Courthouse, Carlisle, Pennsylvania 17013. OURT, BY T J. cc: iStephen D. Tiley, Esq. Award L. Schorpp, Esq. chard C. Snelbaker, Esq. ?8teven J. Fishman, Esq. vMarcus A. McKnight, III, Esq. ?o is a? -;11. a-' THOMAS O. AND AMY L. MCALISTER APPELLANTS, v. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, APPELLEE v. CUMBERLAND COUNTY, UPPER FRANKFORD TOWNSHP and BIG SPRING SCHOOL DISTRICT INTERESTED PARTIES. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5090 CIVIL DIVISION PRAECIPE TO DISCONTINUE PETITION FOR ASSESSMENT APPEAL TO: PROTHONOTARY Please dismiss the above captioned Petition for Appeal on behalf of my clients, Thomas O. and Amy L. McAlister. By: ("? '. Roger B. rw'n, Esquire IRWIN & KNIGHT Supreme Court I.D. No. 06282 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Appellants Date: November 5, 2004 ca un ,w ` ? n KELLY L. GARWOOD/BLUMENSTEIN,: THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04 - 5090 CIVIL RICHARD S. GARWOOD, Defendant IN DIVORCE AND NOW, this ORDER OF COURT 011 day of K QV. Llw 2009, based on the summary report of the Master, the appointment of the Master is vacated and wife's request for a divorce decree shall be granted. cc: ? Kelly L. Garwood/Blumenstein Attorney for Plaintiff Richard S. Garwood Attorney for Defendant cai??ES rnat LL BY THE COURT, 1k -? ?- M.L. Ebert, Jr. J. G"> ? 'err c a