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Updated 11112011
fJ C r
Andrew C. Sheely, Esquire v,
Attorney for Appellant
127 S. Market Street
210 13 APR Pri 3: T7
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469 COUMBERLAND
717-697-7050 (Phone) PENNSYLVA1`41A
717-697-7065 (Fax)
andrewc.sheely@verizon.net
IN RE: APPEAL OF SHELDON B. BRYMESSER,: IN THE COURT OF COMMON PLEAS OF
PETITIONER, CUMBERLAND COUNTY,
PENNSYLVANIA
V.
APPEAL FROM THE CUMBERLAND COUNTY NO. 13- 00 0 1/
BOARD OF ASSESSMENT APPEALS,
BOARD OF CUMBERLAND COUNTY
COMMISSIONERS, MONROE TOWNSHIP, and
CUMBERLAND VALLEY SCHOOL DISTRICT,
RESPONDENTS CIVIL ACTION-LAW
Tax Parcel Number 22-11-0282-074
PETITION FOR APPEAL FROM THE DECISION OF THE
CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS
Petitoner/Appellant, Sheldon B. Brymesser, by and through counsel of Andrew C. Sheely,
Esquire, hereby files this Petition for Appeal from the decision of the Cumberland County Board of
Assessment Appeals based upon the following statements of facts:
1. Petitioner/Appellant is Sheldon B. Brymesser, an adult individual with an address of
1463 Leidigh Drive, Boiling Springs, Pennsylvania, 17007.
2. Appellees are the Board of Assessment Appeals of Cumberland County, with an address
of One Courthouse Square, Carlisle, Pennsylvania, 17013; the Board of Commissioners of
Cumberland County with an address of One Courthouse Square, Carlisle,Pennsylvania, 17013;the
Township of Monroe with an address of 1220 Boiling Springs Road, Mechanicsburg, Pennsylvania,
17055 and the Cumberland Valley School District, with an address of 6746 Carlisle Pike,
Mechanicsburg, Pennsylvania, 17050. /13. 75* X4
C U/S
jf .
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)r,r o2,
3
I Petitioner/Appellant, Sheldon B. Brymesser. is the owner of approximately 135)5 acres of
farmland located in the Township of Monroe with a physical address of 1480 Leidigh Drive,
Boiling Springs, Pennsylvania, and known as Cumberland County Tax Parcel Number 22-11-0282-
074 (hereinafter referred to as the "Real Property").
4. Petitioner/Appellant, Sheldon B. Brymesser, together with his wife Mary Ann
Brymesser, his son, Matthew D. Brymesser and his son, Michael A. Brymesser, operate a dairy
farm, together with associated farming and agriculture uses, known as Brymesser Farms, LLC, on
the Real Property and adjacent lands comprising approximately 286 acres of land.
5. Petitioner/Appellant, Sheldon B. Brymesser, has been engaged in farming and dairy
operations for a period of time in excess of sixty (60) years in Monroe Township.
6. On April 9, 2001, the Real Property was assessed and enrolled under the provisions of
Legislative Act 319, which is commonly referred to as the Clean and Green Act(the "Act"), as
recorded in the office of the Cumberland County Recorder of Deeds in Book 242, page 446.
7. On or about June 9, 2011, Petitioner/Appellant, Sheldon B. Brymesser, installed
approximately 130 solar panels on the Real Property in an area of approximately 22,000 square feet.
8. The agricultural lands used by Brymesser Farms, LLC include the Real Property,together
with adjacent farm(agricultural) lands with tax parcel numbers 22-11-0282-075 (1463 Leidigh
Drive), 22-11-0282-080 (1477 Leidigh Drive) and 22-11-0282-081 (1478 Leidigh Drive),
agricultural lands and farm uses necessary for the operation of Brymesser Farms, LLC.
9. At the time of the construction of the solar panels, the Real Property was assessed and
enrolled under the provisions of Legislative Act 319, which is commonly referred to as the Clean
and Green Act (the "Act").
10. The installation of the solar panels consi;''ute an alternative, energy system intended and
designed to provide energy from'aTier I alternative/renewable energy source for the use on the
Real Property and agricultural business operations on the adjacent lands used by Brymesser Farms,
LLC.
11. The majority of alternative energy generated from the installation of the solar panels is
utilized on the Real Property and the adjacent lands used by Brymesser Farms, LLC,
12. As a result of the installation of the solar panels, --lectric credits from the electric
supplier are afforded to Petitioner/Appellant and Brymesser Farms, LLC. farm operations to offset
electrical costs and expenses incurred through the use the Real Property and adjacent lands used by
Brymesser Farms, LLC for agricultural operations.
I'). On September 7, 2012, without notice to Petitioner/Appellant, Cumberland County
Assessment amended, modified and reduced the acreage of the Real Property within the previously
approved clean and green application from 135.97 acres to 134.$7 acres. A copy of the amended
assessment is attached hereto as Exhibit "A".
14. The amendment attached hereto as Exhibit `'A" states that one (1) acre was excluded
due to the installation of solar panels.
15. The area used by the solar panels is substantially less than one acre as determined by
the County Assessment office, and Petitioner./Appellant believes that the area in question is
approximately V2acre.
16. Subsequent to the September 7, 22012 amendment attached hereto as Exhibit "A",
Petitioner/ Appellant was advised that a rollback penalty was being imposed against Appellant for
tax years 2006 through tax year 201 lin the amount of$520.03 as a result of the installation of the
solar panels, together with future increased assessments. A copy of a tax bill/notice from the
Cumberland County tax bureau is attached hereto as Exhibit"B".
17. As a result of the determinations by the Cumberland County, Petitioner/Appellant filed
an appeal from the revised assessment of the Real Property and the roll-back penalty for tax years
2006 through 2011, and to avoid future increased assessments.
18. On March 1, 2013, the Cumberland County Board of Assessment Appeals mailed notice
of its decision in which it denied Appellant's appeal of the County's amendment to Petitioner/
Appellant's clean and green application and the County's decision to rollback taxes on the
Appellant's lands where the solar panels were installed. A copy of the decision is attached hereto as
Exhibit "C".
19. The instant appeal is authorized by various laws, including but not limited to, Section
8854 of the Consolidated County Assessment Law.
20. The decision of the Cumberland County Board of Assessment Appeals is an error of
law, arbitrary and abuse of discretion for the following reasons:
a. The decision fails to recognize changes in the Clean and Green regulations which permit
the installation of solar panels and tier one, alternative energy sources (solar energy) on land tracts
used for agricultural purposes of the type, nature and size owned by Petitioner/Appellant, without
rollback penalties; and
b. The decision is contrary to the legislative purposes and intentions intended to encourage
and facilitate the installation.of and use of alternative/renewable energy sources on agricultural
lands used and operated for agricultural purposes in accordance with Clean and Green regulations,
and accompanying laws; and
c. The area determinations used by the count,., in determining the amount of land excluded
from clean and green, and the roll-back amount and amendments to the original Clean and Green
application are incorrect, excessive and arbitrary.
d. The decision penalizes Petitioner/Appellant for investments made to provide for
renewable and alternative energy sources from the use of the Real Property and the agricultural and
other purposes intended to he protected by the Clean and Green Act., as amended from time to time.
e The decision is inconsistent with and contrary the law.
2 1. No prior Judge has been assigned to this appeal.
WHEREFORE, the Petitioner/Appellant respectfully request that this Honorable Court to
reverse the decision of the Cumberland Countw Board of Assessment Appeals, rescind the roll-back
taxes assessed against Petitioner/Appellant and thereafter make all necessary orders and decrees to
effectuate said decision, including the repayment of any amounts paid in good faith upon the
demands and directions of the Cumberland i'_'c,liativ t o Bureau,
Respectfully :;ubrnittedl,
Date: April 1. 2013
ndrew C. S-,heely,
Esqu ire ire
Attorney for Pet itioner' .
ppellant
PA ID 62469
127 South Market St., P.O. Box 95
Mechanicsburg, PA 17155
71 7-097-7050
717-697-706-5: (fax),
!.-rizuti.riet
Exhibit"A"
CUMBERLAND COUNTY
AMENDMENT TO AN APPROVED CLEAN & GREEN APPLICATION
The sole purpose of this document is to amend a previously approved Clean & Green application. A OMLOW
$17.00 recording fee and a UPI fee of$10.00 made payable to the Recorder of Deeds,must accompany this
amendment. ....�.--�
SPLIT OFF SEPARATION TRANSFER TERN04ATION
Definitions
Split off - A division by conveyance or other action of the owner of land
preferentially assessed under the act into two or more tracts of
land,the use of eligibility for Clean & Green.
Separation - A division by conveyance or other action of the owner of lands
preferentially assessed under the act into two or more tracts of
land, the use of which continues to meet the requirements of
k.
eligibility for Clean&Green. .y1
Transfer - A conveyance of all of the enrolled land described in a single
application for preferential assessment under the act.
Termination - The right to terminate preferential assessment of enrolled land
subject to rollback taxes even when it comes to meet the
requirements of eligibility for Clean& Green
APPROVED ACREAGE ' AMENDER ACREAGE
h
APPROVED LAND USE AN9v1E D LAND USE
AGRICULTURAL USE / AGRICULTURAL USE
AGRICULTURAL RESERVE AGRICULTURAL RESERVE
FOREST RESERVE FOREST RESERVE
Definitions.
Agricultural Use - Land for the purpose of producing and agricultural
commodity.
Agricultural Reserve - Noncommerical open space lands used for .outdoor
recreation enjoyment'o£scenic or natural beauty and open
to the public for that
use,without charge or fee.
Forest Reserve - Land, 10 acres or more, stocked by forest trees of any
size and capable of producing timber or other wood
products.
APPROVED CLEAN&GREEN DOCUMENT RECORDED IN BOOK n + PAGE
s
APPROVED PARCEL NUMBER C� i "Ua
NEW PARCEL NUMBER - -
PRESENT OWNER NAME(s) NEW OWNERS NAWs)
Signature(s) Signature(s)
PRESENT OWNER(S)ACKNOWLEDGEMENT
STATE OF PENNSYLVANIA
COUNTY OF CLTNOERLgND SS;
On this,the day of—__,2 00_,before me
The undersigned officer,did personally appear
to me(or satisfactorily Proven)to be the persons)whose narne(s)is/are subscribed to the known
and acknowledge that(he/shc/they)executed the same for the within instrument
Purpose therein contained,
IN WITNESS WHEOF, I have hereunto set my hand and notarial seal.
My Commission Expires
NEW OWNER(S)ACKNOWLEDGEMENT
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND SS;
On this,the day of__,200_,before me
The undersigned officer,did personally appear
to me(or satisfactorily Proven)to be the perso (s)whose names)is/are subscribed to the within instrument
and acknowledge that(he/she/they)executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
My Commission Expires
CUMBERLAND COUMT ACKNOWLEDGEMENT
COUNTY OF CUMBERLAND AUTHORIZED SIGNATURE .✓!/
STATE OF PENNSYLVANIA
COUNTY OF CUM BERLAND- - SS;
On this,the ' day of Qe.L�S be,�re me
The undersigned officer,did personal
to me(or satisfL-Orfl � �'•�t ;�1 "nt�, {�z�= 6
Y Proven)to be the Persons)whose name(s)is/are subscn'bedito the within-'__.known
and acknowledge that(he/she/they)executed the same for the mstrument
Purpose therein contained.
IN WIT NESS WIC OF,I have hermmto set my Band-and notarial seal,
r n
i � d
CQM�W*EALTII OF
M YCVA1yLq
y Commission Expires Weil
'Can,*�' county
This document w � s,.
prepared by: (�. v
Address: �� Telephone:
• . -_ it 1 �� ,
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
7' 4• d
Instrument Number-201229419
Recorded On 9/26/2012 At 10:00:41 AM
in Type-CLEAN AND GMXNT*Total Pages-3
Invoice Number-118155 BEEN-A
£
User 10D KW-BR SER, SHELDON$
*Grantee-CUMBERLAND COUNTY
Customer-ASSESSMENT
FEES
STATE WRIT TAX $0.50
RECORDING FEES _ $11.50 Certification Page
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00 DO NOT DETACH
FEES
COUNTY ARCHIVES FEE $2.00 This page is now part
ROD ARCHIVES FEE
TOTAL, PAID $3.00 of this legal document.
$27.00
1 Certify this to be recorded
in Cumberland County PA
o�
RECORDER O D DS
t�so
*-Information denoted by an asterisk may change daring
the verification process and may not be reflected on this page.
002RN8
Exhibit `B"
STATEMENT
TAX CLAIMB UREA U
Of
CUMBERLAND COUNTY
ONE COURTHOUSE SQUARE
CARLISLE,PENNSYLVANIA 17013
BRYMESSER, SHELDON B January 23, 2013
1463 LEIDIGH DRIVE
BOILING SPRINGS PA 17007
REMINDER NOTICE
RE: Clean and Green Rollback Taxes
Tax Parcel 22-11-0282-074
1480 Leidigh Drive; Cumberland County,PA
Dear Mr. Brymesser;
This reminder notice is for the amount due on Clean& Green Rollback Tax for
years 2006 to 2011 on the above referenced tax parcel. If not paid, by June 30, 2013 this
account will be handled as a delinquent account and tax sale proceedings will begin.
TOTAL DUE $ 520.03
Billed under provisions of Title 7, Chapter 137.64 (Act 319—Clean& Green)
Interest will accrue the first of each month.
Due and payable upon receipt to:
Tax Claim Bureau
One Courthouse Square Room 106
Carlisle, PA 17013
Exhibit "C"
Cumberland County Assessment Officc Cumberland County Board of Assessment Appeals
Or,e Courthouse Square Room 147 George A. DeMartyn
Carlisle, PA 1'7013 Kristin Lehman
(717) 240-6350 Lloyd W. Bucher
Hours: 8:00am to 4:30pm Bonnie M. Mahoney, Chief Assessor
Parcel Identifier:
BRYMESSER, SHELDON B 22-11-0282.074.
1463 LEIDIGH DRIVE MAILING DATE: MARCH 7„ 2013
601LING SPRINGS PA 17007 AVPEAL DEADLINE: MARCH 31, 2013
BOARD OF ASSESSMENT APPEALS DECISION NOTICE - THIS IS NOT A TAX BILL
This is a notice of a change to the assessed valuation or status of this property.
REASON FOR CHANGE: 04 - APPEAL BOARD DECISION (UPHELD ROLLBACK)
The Board of Assessment Appeals has issued 1,h�s decision regarding your tax assessment.
zppeal. You may appeal this decision to the court of Common Plea-, by filing the
appropriate paperwork with the Prot office in accordance with local rules of
court.
FUTURE TAX BILLYNG WIS EFFECTIVE: 01/01/201$ for County/MuniC
OLD NEW 07/01/2013 for school
AS9rL.§9 WNT 468,700 468,700
TAX STATUS Taxable Taxable PROPERTY DESCRIPTION
C6G STATUS Approved Approved
Munic. : 22 - MONROF TOWNSHIP
School: 4 - CUMBERLAND VALLEY SD
- MAREET-BASED ASSESShENT Control Number: 22000799
Password for free Web Access: CUJPYMCY
OLD NEW (My Property at COurthoUaeUnlirte.com/
Laird 751,50p 751,500 pa-emu•"°�
Improvements 334,.400 334,940
TOTAL 1,086,400 1,086,400
100# of Market Value cYL 2030 Base Year Rates. Property Location:
1480 LEIDIGH DRIVE
CLEAN AND GREEN (CSG) ASSESSMENT LAND APPROX 135 ACRES
OLD NEW 1,anA SlP: 1, 35.87 acrPA
Land 1 133,800 13318"
lmprovementsi 334,900 334,900
10TAL 1 468, 700 468,700 Property Type: A
Land value based on rates provided Residential (10+ AcrP,)
by the Mate.
' CHANGE OF TAX BASIS - NET CHANGE Cumberland County Commissioners
COUNIY/MUNIC SCHOOL Barbara Cross
Land 0 J.im Hertzle.r.
i mpraveme'r,ts 0 0 Gazy Eichelberyec
TO rAL 0
0 0
Eftects future Billing Cycles only
hotc_a11L] ORIGINAL
8'9 d
290Z169:01 6T90 SbZ SWdIJJ d3SS3WAd8:W0aj 9T:02 M3-66-ZIUW
VERIFICATION
I, Sheldon B. Brymesser, hereby verify that the that the statements made
in the attached Petition for Appeal from the Decision of the Cumberland County Board of
Assessment Appeals are true and correct, and understand that false statements made
herein are made subject to the penalties of 18 Pa. C.S. A. Section 4904 related to unsworn
falsification to authorities.
Date: April / , 2013 14 211
Sheldon B. Brymesser
CERTIFICATE OF SERVICE
I, ANDREW C. SHEELY, hereby certify that I served a true and correct copy of
the attached Petition for Appeal upon the following on the below listed date by first class
mail, postage prepaid, as follows:
Board of Assessment Appeals Board of Commissioners
Cumberland County of Cumberland County
One Courthouse Square One Courthouse Square
Carlisle, PA 17013 Carlisle, PA 17013
Township of Monroe Cumberland Valley School District
1220 Boiling Springs Road 6746 Carlisle Pike
Mechanicsburg, PA 17055 Mechanicsburg, PA 17050
r
April , 2013
Andrew C. Sheely, Esqui e
IN RE: APPEAL OF SHELDON : IN THE COURT OF COMMON PLEAS OF
B. BRYMESSER, CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner :
v, CIVIL ACTION—LAW
APPEAL FROM THE
CUMBERLAND COUNTY
BOARD OF ASSESSMENT
APPEALS, BOARD OF
CUMBERLAND COUNTY
COMMISSIONERS, MONROE
TOWNSHIP, and :
CUMBERLAND VALLEY
SCHOOL DISTRICT, :
Respondents NO. 13-1700 CIVIL TERM
Tax Parcel Number: 22-11-0282-074
IN RE: APPEAL FROM THE DECISION OF THE
CUMBERLAND COUNTY BOARD OF ASSESSMENT
ORDER OF COURT
AND NOW, this 4h day of April, 2013, upon consideration of Petitioner's Petition
for Appeal from the Decision of the Cumberland County Board of Assessment Appeals,
a Rule is hereby issued upon Respondents to show cause why the relief requested should
not be granted.
RULE RETURNABLE within 30 days of service.
BY THE COURT,
-
Ch sir ylee L. Peck, J. -
Andrew C. Sheely, Esq.
127 South Market Street
P.O. Box 95
Mechanicsburg, PA 17055
Attorney for Petitioner
Board of Assessment Appeals
of Cumberland County
1 Courthouse Square
Carlisle, PA 17013
r/Board of Commissioners
of Cumberland County
One Courthouse Square
Carlisle, PA 17013
✓ Township of Monroe
1220 Boiling Springs Road
Mechanicsburg, PA 17055
V Cumberland Valley School District
6746 Carlisle Pike
Mechanicsburg, PA 17050
John G.French,Esquire Supreme Court I.D.No.90788
Attorney for Cumberland County
Board of Assessment Appeals
1304 Oak Lane Tel: 717-856-0845
New Cumberland,Pennsylvania 17070
IN RE: APPEAL OF SHELDON : IN THE COURT OF COMMON PLEAS
B. BRYMESSER, : OF CUMBERLAND COUNTY,
Petitioner : PENNSYLVANIA
VS. NO. 13-1700 CIVIL TERM
APPEAL FROM THE CUMBERLAND
COUNTY BOARD OF ASSESSMENT c-
APPEALS,BOARD OF CUMBERLAND
COUNTY COMMISSIONERS,MONROE zrn S.
TOWNSHIP, and CUMBERLAND -c
VALLEY SCHOOL DISTRICT, : REAL ESTATE TAX
: ASSESSMENT APPEAL -�,
Respondents � _,x
Parcel No. 22-11-0282-074
MOTION TO VACATE RULE TO SHOW CAUSE
AND NOW, comes the Cumberland County Board of Assessment Appeals,
Repondent, by its attorney, John G. French, Esquire, Solicitor for the Cumberland
County Board of Assessment Appeals, and files this Motion to Vacate Rule To Show
Cause, of which the following is stated:
1. This assessment appeal involves farmland located at 1480 Leidigh Drive,
Boiling Springs, Cumberland County, Pennsylvania, and being Tax Parcel No. 22-11-
0282-074. On April 1, 2013, Petitioner filed an "Appeal from the Decision of the
Cumberland County Board of Assessment Appeals." On April 15, 2013, a Rule issued
by the Honorable Christylee L. Peck upon the Cumberland County Board of
a v
Assessment Appeals to Show Cause why the taxpayer was not entitled to the relief
requested was received in the offices of counsel for the Board of Assessment Appeals.
2. The Rule required that Respondent file a response within 30 days of
service, and in response Respondent filed a Motion to Vacate on May 14, 2013.
3. While the appeal filed by the Petitioner does provide Petitioner's position
and interpretation of Act 319, the Clean and Green Act, this interpretation and the facts
of the case at bar require a hearing.
4. Appeals to Court from the Board of Assessment Appeals are de novo and
after the Assessment Office places its assessment record into evidence, the burden of
proof shifts to the taxpayer to prove by competent and credible evidence that that
assessment is not valid. Green v. Schuylkill County Board of Assessment Appeals, 565
Pa 185 772 A2d 419 (Pa. 2001). In assessment appeals, the Rules of Civil Procedure
are not applicable and the Court may direct its own procedure for the case. In Re:
Appeal of the Borough of Churchill, 525 Pa. 80, 575 A2d 550 (Pa. 1990).
5. Respondent avers that taxpayer's appeal does not set forth a prima facie
case for relief as a hearing is required in order for the assessment to be placed into
record, and then the Petitioner given the opportunity to overcome the presumptive
validity of that assessment, with competent and credible evidence.
2
6. As the Court has not set a hearing date for the above captioned case,
Respondent requests a general continuance to allow the parties to develop their
evidence for the hearing, and attempt to settle the case.
7. Respondent has sought the concurrence of counsel for the Petitioner and
he: Does Not concur in this Motion.
WHEREFORE, Respondent, Cumberland County Board of Assessment Appeals,
prays Your Honorable Court for an Order vacating the Rule to Show Cause dated April
4, 2013, and continuing the matter generally at the call of any party
Dated: Respectfully submitted,
J
By -'�
Jo G. French, Esquire
So icitor for the Cumberand Counthy Board of
Assessment Apeals
1304 Oak Lane
New Cumberland, PA 17070
(717) 856-0845
Supreme Court I.D.#90788
3
John G.French,Esquire Supreme Court I.D.No.90788
Attorney for Cumberland County
Board of Assessment Appeals
1304 Oak Lane Tel: 717-856-0845
New Cumberland,Pennsylvania 17070
IN RE: APPEAL OF SHELDON : IN THE COURT OF COMMON PLEAS
B. BRYMESSER, : OF CUMBERLAND COUNTY,
Petitioner : PENNSYLVANIA
VS. NO. 13-1700 CIVIL TERM
APPEAL FROM THE CUMBERLAND
COUNTY BOARD OF ASSESSMENT
APPEALS,BOARD OF CUMBERLAND
COUNTY COMMISSIONERS, MONROE r CO s i
TOWNSHIP, and CUMBERLAND
VALLEY SCHOOL DISTRICT, REAL ESTATE TAX
CD
ASSESSMENT APPEAL
Respondents
ZMCD
Parcel No. 22-11-0282-074 _:
CERTIFICATE OF SERVICE
I hereby certify that on May 14, 2013, a true and correct copy of the
foregoing Respondent's Motion to Vacate Rule to Show Cause was served by
means of United States Mail, postage prepaid and/or Certified Mail, to the
attorneys/parties of record as follows:
Andrew C. Sheely, Esquire
Attomey for Petitioner
127 South Market Street
P.O. Box 95
Mechanicsburg, PA 17055
Dated: Respectfully submitted,
B
Y 4�� t<7 ge,�l
Joh G French, Esquire
IN RE: APPEAL OF SHELDON : IN THE COURT OF COMMON PLEAS OF
B. BRYMESSER, CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner
V. CIVIL ACTION—LAW
-,
APPEAL FROM THE U
C__
-
m
CUMBERLAND COUNTYr�, c
BOARD OF ASSESSMENT
APPEALS, BOARD OF
CUMBERLAND COUNTY
COMMISSIONERS, MONROE
TOWNSHIP, and
CUMBERLAND VALLEY
SCHOOL DISTRICT,
Respondents NO. 13-1700 CIVIL TERM
Tax Parcel Number: 22-11-0282-074
IN RE: MOTION TO VACATE RULE TO SHOWCAUSE
ORDER OF COURT
AND NOW, this 17�h day of June, 2013, upon consideration of the Petitioner's
Rule To Show Cause and Respondent's Motion To Vacate Rule To Show Cause, and
following a telephone conference on June 14, 2013, with Andrew C. Sheely, Esq., and
John G. French, Esq., a hearing is scheduled for Tuesday, October 15, 2013, at 9:30 a.m.,
in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania.
RESPONDENT is directed to file an answer to the Rule to Show Cause 45 days
prior to the above-scheduled hearing.
BY THE COURT,
Christyl L. Peck, J.
/Andrew C. Sheely, Esq.
127 South Market Street
P.O. Box 95
Mechanicsburg, PA 17055
Attorney for Petitioner
John G. French, Esq.
Solicitor for the Cumberland
County Board of Assessment Appeals
1304 Oak Lane
New Cumberland, PA 17070
Board of Commissioners
of Cumberland County
One Courthouse Square
1�
Carlisle, PA 17013 3
JTownship of Monroe
1220 Boiling Springs Road
Mechanicsburg, PA 17055
V Cumberland Valley School District
6746 Carlisle Pike
Mechanicsburg, PA 17050
:rc
iJ 1 1
Andrew C. Sheely, Esquire
Attorney for Appellant
I1� �E� �'' L#
127 S. Market Street 1
P.O. Box 95
Mechanicsburg, PA 17055 CUMBERLAND COUN( Y
PA ID NO. 62469 PENNSYLVANIA
(Phone) PENNSYLVA
717-697-7065 (Fax)
andrewc.sheely @verizon.net
IN RE: APPEAL OF SHELDON B. BRYMESSER,: IN THE COURT OF COMMON PLEAS OF
PETITIONER, : CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
•
APPEAL FROM THE CUMBERLAND COUNTY : NO. 13- 1700
BOARD OF ASSESSMENT APPEALS,
•
BOARD OF CUMBERLAND COUNTY
COMMISSIONERS, MONROE TOWNSHIP, and :
CUMBERLAND VALLEY SCHOOL DISTRICT, :
RESPONDENTS : CIVIL ACTION - LAW
Tax Parcel Number 22-11-0282-074
MOTION TO MAKE RULE ABSOLUTE
Petitioner, Sheldon B. Brymesser, by and through counsel of Andrew C. Sheely, Esquire,
hereby files this Motion to Make the Rule issued April 4, 2013 Absolute for failure of Respondent
Cumberland County Board of Assessment Appeals to answer the Rule to Show Cause and comply
with Order of Court dated June 17, 2013, respectfully stating as follows:
1. On April 4, 2013, the Honorable Christylee L. Peck issued a Rule to Show Cause why
the relief filed in the underlying Petition for Appeal from an assessment decision should not be
granted. A copy of the Rule to Show Cause is attached hereto as Exhibit"A".
2. No Answer to the Rule to Show Cause was filed by Respondent, Cumberland County
Board of Assessment Appeals, within thirty (30) days as directed by the Rule to Show Cause
dated April 4, 2013.
3. Subsequently, by Order of Court dated June 17, 2013, the Honorable Christylee L. Peck
directed Respondent Cumberland County Board of Assessment Appeals to file an Answer to the
Rule to Show Cause forty-five (45) days prior to hearing scheduled for October 15, 2013. A copy
of the June 17, 2013 Order of Court is attached hereto as Exhibit"B".
4. No Answer to the Rule to Show Caused was filed by Respondent, Cumberland County
Board of Assessment Appeals, within forty-five (45) days prior to the October 15, 2013 hearing as
directed by the Order of Court dated June 17, 2013.
5. At least two weeks have passed since the deadline imposed by the June 17, 2013 Order of
Court and no Answer to the Rule to Show Caused has been filed by Respondent, Cumberland
County Board of Assessment Appeals as of the date this Motion to Make Rule Absolute was filed
with the Prothonotary of Cumberland County.
6. Respondent, Cumberland County Board of Assessment Appeals is in contempt of Court
for failing to file an answer to the Rule to Show Cause dated April 4, 2013 and the subsequent
Order of Court dated June 17, 2013.
7. Failure of Respondent Cumberland County Board of Assessment Appeals warrants the
entry of an Order of Court preventing Respondent from contesting the statements of fact contained
in Petitioner's underlying Petition for Appeal, preventing Respondent from presenting evidence or
testimony on behalf of Respondent in opposition to the underlying Petition, together with
reasonable attorney fees associated with seeking the instant Motion to Make Rule Absolute for non-
compliance with Court Orders issued by the Honorable Christylee L. Peck.
8. A copy of the instant Motion to Make Rule Absolute was emailed in word and pdf
formats to John G. French, Esquire, Respondent, Cumberland County Board of Assessment
2
Appeals, on September 18, 2013 and Petitioner believes that Respondent does not concur with the
relief requested herein.
9. The Honorable Christylee L. Peck has previously entered Rules to Show Cause and
Orders of Court in this case.
Respectfully submitted,
Ili
Date: September 18, 2013 I1
Andrew C. Sheely, Esquire
Attorney for Petitioner/Appellant
PA ID 62469
127 South Market St., P.O. Box 95
Mechanicsburg, PA 17055
717-697-7050
717-697-7065 (fax)
andrewc_she el W' r; erizon.net
3
IN RE: APPEAL OF SHELDON : IN THE COURT OF COMMON PLEAS OF
B. BRYMESSER, : CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner -
•
v. : CIVIL ACTION—LAW
•
APPEAL FROM THE
•
CUMBERLAND COUNTY
BOARD OF ASSESSMENT :
APPEALS, BOARD OF
CUMBERLAND COUNTY :
COMMISSIONERS, MONROE :
TOWNSHIP, and
•
CUMBERLAND VALLEY
SCHOOL DISTRICT,
Respondents : NO. 13-1700 CIVIL TERM
Tax Parcel Number: 22-11-0282-074
IN RE: APPEAL FROM THE DECISION OF THE
CUMBERLAND COUNTY BOARD OF ASSESSMENT
ORDER OF COURT
AND NOW, this 4th day of April, 2013, upon consideration of Petitioner's Petition
for Appeal from the Decision of the Cumberland County Board of Assessment Appeals,
a Rule is hereby issued upon Respondents to show cause why the relief requested should
not be granted.
RULE RETURNABLE within 30 days of service.
BY THE COURT,
. i )
tG 7LL 7C�t _ --
Christylee L. Peck, J.
Alidrew C. Sheely, Esq.
/127 South Market Street
P.O. Box 95
Mechanicsburg, PA 17055
Attorney for Petitioner
Board of Assessment Appeals
of Cumberland County
1 Courthouse Square
Carlisle, PA 17013
Board of Commissioners
of Cumberland County
One Courthouse Square
Carlisle, PA 17013
Township of Monroe
1220 Boiling Springs Road
Mechanicsburg, PA 17055
Cumberland Valley School District
6746 Carlisle Pike
Mechanicsburg, PA 17050
:rc
IN RE: APPEAL OF SHELDON : IN THE COURT OF COMMON PLEAS OF
B. BRYMESSER, : CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner
v. : CIVIL ACTION—LAW
APPEAL FROM THE
CUMBERLAND COUNTY : c !
BOARD OF ASSESSMENT : -03 - y
rn ni
APPEALS, BOARD OF z. .
CUMBERLAND COUNTY : cn� =
COMMISSIONERS, MONROE :
z.
TOWNSHIP, and : x",
CUMBERLAND VALLEY Y
SCHOOL DISTRICT, •
•
Respondents : NO. 13-1700 CIVIL TERM
Tax Parcel Number: 22-11-0282-074
IN RE: MOTION TO VACATE RULE TO SHOWCAUSE
ORDER OF COURT
AND NOW, this 17th day of June, 2013, upon consideration of the Petitioner's
Rule To Show Cause and Respondent's Motion To Vacate Rule To Show Cause, and
following a telephone conference on June 14, 2013, with Andrew C. Sheely, Esq., and
John G. French, Esq., a hearing is scheduled for Tuesday, October 15, 2013, at 9:30 a.m.,
in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania.
RESPONDENT is directed to file an answer to the Rule to Show Cause 45 days
prior to the above-scheduled hearing.
BY THE COURT,
ChristylyL. Peck, J.
„Andrew C. Sheely, Esq.
127 South Market Street
P.O. Box 95
Mechanicsburg, PA 17055
Attorney for Petitioner
John G. French, Esq.
Solicitor for the Cumberland
County Board of Assessment Appeals
1304 Oak Lane
New Cumberland, PA 17070
Board of Commissioners
of Cumberland County
One Courthouse Square
Carlisle, PA 17013
Township of Monroe
1220 Boiling Springs Road
Mechanicsburg, PA 17055
Cumberland Valley School District
6746 Carlisle Pike
Mechanicsburg, PA 17050
:rc
CERTIFICATE OF SERVICE
I, ANDREW C. SHEELY, hereby certify that I served a true and correct copy of
the attached Motion upon the following on the below listed date by first class mail,
postage prepaid, as follows:
Board of Assessment Appeals Board of Commissioners
Cumberland County of Cumberland County
c/o John G. French, Esquire One Courthouse Square
1304 Oak Lane Carlisle, PA 17013
New Cumberland, PA 17070
Township of Monroe Cumberland Valley School District
1220 Boiling Springs Road 6746 Carlisle Pike
Mechanicsburg, PA 17055 Mechanicsburg, PA 17050
is•
September l , 2013
/
Andrew C. Sheely, Esquir-
John G. French,Esquire Supreme Court I.D.No.90788
Solicitor for Cumberland County
Board of Assessment Appeals
1309 Bridge Street Tel: 717-856-0845
New Cumberland,Pennsylvania 17070
IN RE: APPEAL OF SHELDON : IN THE COURT OF COMMON PLEAS
B. BRYMESSER, : OF CUMBERLAND COUNTY,
Petitioner : PENNSYLVANIA
vs. : NO. 13-1700 CIVIL TERM
APPEAL FROM THE CUMBERLAND .
COUNTY BOARD OF ASSESSMENT -
APPEALS,BOARD OF CUMBERLAND ,,,
COUNTY COMMISSIONERS,MONROE : =�' ' rn I-"-
TOWNSHIP, and CUMBERLAND
VALLEY SCHOOL DISTRICT, : REAL ESTATE TAX
: ASSESSMENT APPEAL >c-3
Respondents >c ...
Parcel No. 22-11-0282-074
MOTION FOR EXTENSION OF TIME
TO FILE ANSWER TO RULE TO SHOW CAUSE
AND NOW, comes Respondent, Cumberland County Board of Assessment Appeals, by
and through its attorney, John G. French, Esquire and in support of this Motion for Extension of
Time to File an Answer to Rule to Show Cause avers as follows:
1. On June 17, 2013, the Honorable Christylee L. Peck issued an Order directing
Respondent, Cumberland County Board of Assessment Appeals,to file an Answer to a Rule to
Show Cause forty-five days prior to a hearing scheduled for October 15, 2013.
2. Through inadvertence on the part of Respondent's counsel and through no fault of
Respondent, the Answer to the Rule to Show Cause was not filed on time.
3. Respondent requests that the Court grant an extension of time until September 24,
2013, for the filing of the Answer.
4. Granting this extension will not prejudice Petitioner, but rather would serve the
Court and both parties in reaching proper resolution of the present case.
WHEREFORE, Respondent respectfully requests that this Honorable Court grant an
extension until September 24, 2013, in order to file an Answer to the Rule to Show Cause.
Date: 61/4 L b Respectfully submitted,
Jo G. French, Esquire
1309 Bridge Street
New Cumberland, PA 17070
Supreme Court I.D. # 90788
Attorney for Respondent
2
John G.French,Esquire Supreme Court I.D.No.90788
Attorney for Cumberland County
Board of Assessment Appeals
1304 Oak Lane Tel: 717-856-0845
New Cumberland,Pennsylvania 17070
IN RE: APPEAL OF SHELDON : IN THE COURT OF COMMON PLEAS
B. BRYMESSER, : OF CUMBERLAND COUNTY,
Petitioner : PENNSYLVANIA
vs. : NO. 13-1700 CIVIL TERM
APPEAL FROM THE CUMBERLAND
•
COUNTY BOARD OF ASSESSMENT
APPEALS, BOARD OF CUMBERLAND :
COUNTY COMMISSIONERS, MONROE :
TOWNSHIP, and CUMBERLAND
VALLEY SCHOOL DISTRICT, : REAL ESTATE TAX
: ASSESSMENT APPEAL
Respondents
•
•
Parcel No. 22-11-0282-074
CERTIFICATE OF SERVICE
I hereby certify that on September 24, 2013, a true and correct
copy of the foregoing Respondent's Motion for Extension of Time to File an
Answer to Rule to Show Cause was served by means of United States Mail,
postage prepaid and/or Certified Mail, to the attorneys/parties of record as
follows:
Andrew C. Sheely, Esquire
Attorney for Petitioner
127 South Market Street
P.O. Box 95
Mechanicsburg, PA 17055
Dated: Respectfully submitted,
By
Joh G. French, Esquire
John G.French,Esquire Supreme Court I.D.No.90788
Attorney for Cumberland County
Board of Assessment Appeals
1309 Bridge Street Tel: 717-856-0845
New Cumberland,Pennsylvania 17070
IN RE: APPEAL OF SHELDON : IN THE COURT OF COMMON PLEAS
B.BRYMESSER, : OF CUMBERLAND COUNTY,
Petitioner : PENNSYLVANIA
VS. NO. 13-1700 CIVIL TERM
APPEAL FROM THE CUMBERLAND
COUNTY BOARD OF ASSESSMENT
APPEALS,BOARD OF CUMBERLAND -
COUNTY COMMISSIONERS,MONROE r*z W,-,., C/) = j
M M-_
TOWNSHIP, and CUMBERLAND N
VALLEY SCHOOL DISTRICT, : REAL ESTATE TAX -<> .
: ASSESSMENT APPEAL
Dr o-
Respondents =CD �c=a
Dom. ... C-5�'
x
Parcel No.22-11-0282-074 '
RESPONDENT'S ANSWER TO THE RULE TO SHOW CAUSE
AND NOW, comes the Cumberland County Board of Assessment Appeals,
Respondent, by its attorney, John G. French, Esquire, Solicitor for the Cumberland
County Board of Assessment Appeals, and files this Answer to the Rule to Show
Cause, of which the following is stated:
PARTIES
1. Admitted.
2. . Admitted.
FACTUAL ALLEGATIONS
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted in part. Denied in part. It is admitted that Petitioner, Sheldon
B. Brymesser, installed a large number of solar panels on the property designated as
Cumberland County Tax Parcel Number 22-11-0282-074, during June of 2011. It is
denied that the area of that parcel dedicated to the solar panels is approximately
22,000 square feet. Upon information and belief, the area of that tax parcel dedicated
to the solar panels is approximately 37,026 square feet.
8. Paragraph 8 contains conclusions of law to which no response is required.
To the extent a response is deemed necessary, it is denied and strict proof thereof
demanded at time of trial.
9. Admitted in part. Denied in part. It is admitted that at the time of the
construction of solar panels on Tax Parcel Number 22-11-0282-074, that tax parcel was
enrolled under the provisions of Legislative Act 319. To the extent that this paragraph
may be construed as averring that all properties concerned in the present case are
enrolled in Act 319, it is denied.
10. Paragraph 10 contains conclusions of law to which no response is
required. To the extent a response is deemed necessary, it is denied and strict proof
thereof demanded at time of trial.
2
11. Paragraph 11 contains conclusions of law to which no response is
required. To the extent a response is deemed necessary, it is denied and strict proof
thereof demanded at time of trial.
12. Paragraph 12 contains conclusions of law to which no response is
required. To the extent a response is deemed necessary, it is denied and strict proof
thereof demanded at time of trial.
13. Paragraph 13 contains conclusions of law to which no response is
required. To the extent a response is deemed necessary, it is denied and strict proof
thereof demanded at time of trial.
14. Admitted.
15. Paragraph 15 contains conclusions of law to which no response is
required. To the extent a response is deemed necessary, it is denied and strict proof
thereof demanded at time of trial.
16. Admitted.
17. Admitted.
18. Admitted.
19. Admitted.
20. Paragraph 20, along with paragraphs a. through e., contain conclusions of
law to which no responses are required. To the extent responses are deemed
necessary, each paragraph is denied and strict proof thereof demanded at time of trial.
21. Paragraph 21 requires no response.
3
NEW MATTER
22. Paragraphs 1 through 21 above are incorporated here by reference as if
set forth in full.
23. Petitioner fails to state a claim upon which relief may be granted.
24. Petitioner has failed to show that any, let alone a majority, of the energy
generated by solar panels installed on Tax Parcel Number 22-11-0282-074 is used on
that property.
25. Petitioner has failed to show that any, let alone a majority, of the energy
generated by solar panels installed on Tax Parcel Number 22-11-0282-074 is used on
the properties/parcels designated by Petitioner as "adjacent lands used by Brymesser
Farms, LLC for agricultural operations."
26. Upon information and belief, not all of the properties/parcels designated by
Petitioner as "adjacent lands used by Brymesser Farms, LLC for agricultural
operations," are enrolled under Act 319.
27. Upon information and belief, Tax Parcel Number 22-11-0282-074 and
some or each of the properties/parcels designated by Petitioner as "adjacent lands used
by Brymesser Farms, LLC for agricultural operations," that are enrolled under Act 319
are enrolled under separate applications.
WHEREFORE, Respondent, Cumberland County Board of Assessment Appeals,
requests that this Honorable Court dismiss the Petition and enter judgment in their favor
together with costs of suit and any other relief this Court deems fair and just.
4
Dated: Respectfully submitted,
By
John 6. French, Esquire
Solicitor for the Cumberand Counthy Board of
Assessment Apeals
1309 Bridge Street
New Cumberland, PA 17070
(717) 856-0845
Supreme Court I.D.#90788
5
John G.French,Esquire Supreme Court I.D.No.90788
Attorney for Cumberland County
Board of Assessment Appeals
1304 Oak Lane Tel: 717-856-0845
New Cumberland,Pennsylvania 1.7070
IN RE: APPEAL OF SHELDON IN THE COURT OF COMMON PLEAS
B. BRYMESSER, OF CUMBERLAND COUNTY,
Petitioner PENNSYLVANIA
vs. NO. 13-1700 CIVIL TERM
APPEAL FROM THE CUMBERLAND
COUNTY BOARD OF ASSESSMENT
APPEALS, BOARD OF CUMBERLAND
COUNTY COMMISSIONERS, MONROE
TOWNSHIP, and CUMBERLAND
VALLEY SCHOOL DISTRICT, : REAL ESTATE TAX
: ASSESSMENT APPEAL
Respondents
Parcel No. 22-11-0282-074
CERTIFICATE OF SERVICE
I hereby certify that on September 24, 2013, a true and correct
copy of the foregoing Respondent's Answer to Rule to Show Cause was served
by means of United States Mail, postage prepaid and/or Certified Mail, to the
attorneys/parties of record as follows:
Andrew C. Sheely, Esquire
Attorney for Petitioner
127 South Market Street
P.O. Box 95
Mechanicsburg, PA 17055
Dated: 3 Respectfully submitted,
By ,<//
John G/-French, Esquire
3
IN RE: APPEAL OF SHELDON : IN THE COURT OF COMMON PLEAS
B. BRYMESSER, : OF CUMBERLAND COUNTY,
Petitioner : PENNSYLVANIA
vs. : NO. 13-1700 CIVIL TERM
APPEAL FROM THE CUMBERLAND
COUNTY BOARD OF ASSESSMENT y ''°'
APPEALS,BOARD OF CUMBERLAND :
COUNTY COMMISSIONERS,MONROE :
TOWNSHIP,and CUMBERLAND v,►+`
VALLEY SCHOOL DISTRICT, : REAL ESTATE TAX r--
: ASSESSMENT APPEAL >
Respondents "t
7C: rso
•
•
•
Parcel No.22-11-0282-074
ORDER
AND NOW, this 36k. day of September, 2013, upon consideration of the
foregoing Motion for Extension of Time to File an Answer to the Rule to Show Cause,
the extension is granted. Respondent, Cumberland County Board of Assessment
Appeals shall file its Answer to the Rule to Show Cause by September 24, 2013.
By The Court
Christy e L. Peck, J.
cc: Andrew C. Sheely, Esquire
John G. French, Esquire
IN RE: APPEAL OF SHELDON : IN THE COURT OF COMMON PLEAS OF
B. BRYMESSER, : CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner
•
v. : CIVIL ACTION—LAW
APPEAL FROM THE •
CUMBERLAND COUNTY .
BOARD OF ASSESSMENT :
APPEALS, BOARD OF
CUMBERLAND COUNTY :
COMMISSIONERS, MONROE :
TOWNSHIP, and
CUMBERLAND VALLEY :
SCHOOL DISTRICT,
Respondents : NO. 13-1700 CIVIL TERM
Tax Parcel Number: 22-11-0282-074
IN RE: MOTION TO MAKE RULE ABSOLUTE
ORDER OF COURT
AND NOW, this 5th day of October, 2013, upon consideration of the Petitioner's
Motion To Make Rule Absolute and Respondent having filed an answer to the rule to
show cause, the Motion to Make Rule Absolute is hereby denied.
BY THE COURT,
(461(
Christylee L. Peck, J.
Andrew C. Sheely, Esq.
127 South Market Street c T4 �r"
P.O. Box 95 < fl CZ •CZ CD
rri Mechanicsburg, PA 17055 , --+ rs-
cn , �G
Attorney for Petitioner , -
<a -+o - `_
✓John G. French, Esq. o
S
rci
olicitor for the Cumberland =' y
County Board of Assessment Appeals
1304 Oak Lane
New Cumberland, PA 17070
.ard of Commissioners
of Cumberland County
One Courthouse Square
Carlisle, PA 17013
wnship of Monroe
1220 Boiling Springs Road
Mechanicsburg, PA 17055
mberland Valley School District
6746 Carlisle Pike
Mechanicsburg, PA 17050
:rc
eopi'ss /12al
/6/41/A3
Andrew C. Sheely, Esquire T�� 4 ti
Attorney for Appellant r t� rve
127 S. Market Street VHF
P.O. Box 95 2014JAN31 1M 3 7
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone) CUMBERLAND
717-697-7065 (Fax) PENNSYLVANIA
andrewc.sheely @verizon.net
IN RE: APPEAL OF SHELDON B. BRYMESSER,: IN THE COURT OF COMMON PLEAS OF
PETITIONER, : CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
•
APPEAL FROM THE CUMBERLAND COUNTY : NO. 13- 1700
BOARD OF ASSESSMENT APPEALS,
BOARD OF CUMBERLAND COUNTY •
COMMISSIONERS, MONROE TOWNSHIP, and :
CUMBERLAND VALLEY SCHOOL DISTRICT, :
RESPONDENTS : CIVIL ACTION - LAW
Tax Parcel Number 22-11-0282-074 •
JOINT MOTION AND STIPULATION TO SETTLE ASSESSMENT APPEAL
Petitioner, Sheldon B. Brymesser, by and through counsel of Andrew C. Sheely, Esquire,
and the Cumberland County Board of Assessment Appeals, by and through counsel of John G.
French, Solicitor, hereby file this Joint Motion and Stipulation to Settle the Assessment Appeal filed
by Petitioner, and respectfully agree and stipulate as follows:
1. The approved Clean and Green document recorded in Book 242, Page 446 associated
with Approved Parcel number 22-11-0282-074 located in the Township of Monroe shall be
amended and modified to reflect that 135.10 acres are eligible and approved for Clean and Green
subject to preferential tax assessment.
2. An Amendment to an approved Clean and Green Application reflecting the acreage
change to 135.10 acres shall be submitted by the Cumberland County Assessment office to the
Office of the Recorder of Deeds in and for Cumberland County, with any and all costs deducted
from any refunds paid to Petitioner.
3. The remaining legal issues raised in Petitioner's Application and Respondent's Answer
and New Matter are hereby withdrawn, without prejudice.
4. Petitioner and Respondent agree and acknowledge that nothing contained in this
Stipulation and Agreement shall prejudice the right of Petitioner to seek modification or further
review of the Assessment associated with tax parcel 22-11-0282-074 in the event Legislative
amendments and changes are made to applicable laws, codes and regulations related to Clean and
Green laws and renewable energy laws, including those statutes relevant to Petitioner's use of
renewable energy sources, including solar panels.
5. Andrew C. Sheely, Esquire, Attorney for Petitioner, and John G. French, Esquire,
Attorney for Respondent, Cumberland County Board of Assessment Appeals concur with the relief
requested herein and the proposed Order of Court attached hereto.
6. The Honorable Christylee L. Peck has previously entered Orders of Court in this case.
Respectfully submitted, Respectfully submitted,
An rew C. Sheely, Esqu' ohn G. French, Solicitor
Date: January 31, 2014 Date: January 31, 2014
Attorney for Petitioner/Appellant Attorney for Respondent,
127 South Market St., P.O. Box 95 Board of Assessment Appeals of
Mechanicsburg, PA 17055 Cumberland County
717-697-7050 1304 Oak Lane
717-697-7065 (fax) New Cumberland, PA 17070
717-525-8166
2
S < ♦ T
CERTIFICATE OF SERVICE
I, ANDREW C. SHEELY, hereby certify that I served a true and correct copy of
the attached Motion upon the following on the below listed date by first class mail,
postage prepaid, as follows:
Board of Assessment Appeals Board of Commissioners
Cumberland County of Cumberland County
do John G. French,Esquire One Courthouse Square
1304 Oak Lane Carlisle,PA 17013
New Cumberland, PA 17070
Township of Monroe Cumberland Valley School District
1220 Boiling Springs Road 6746 Carlisle Pike
Mechanicsburg, PA 17055 Mechanicsburg, PA 17050
jog IF
January, f, 2014 '
Andrew C. Sheely, Esquire
IN RE: APPEAL OF SHELDON B. BRYMESSER,: IN THE COURT OF COMMON PLEAS OF
PETITIONER, CUMBERLAND COUNTY,
PENNSYLVANIA
V. :
CUMBERLAND COUNTY :NO. 13- 1700 Z' -=
BOARD OF ASSESSMENT APPEALS, rrn
BOARD OF CUMBERLAND COUNTY
COMMISSIONERS, MONROE TOWNSHIP, and `� �C✓
i---� --rte
CUMBERLAND VALLEY SCHOOL DISTRICT, -.I- ?
RESPONDENTS : CIVIL ACTION - LAW
Tax Parcel Number 22-11-0282-074 po
ORDER OF COURT
AND NOW,this � L day of , 2014, upon
consideration of the Joint Motion and Stipulation of Petitioner, Sheldon B. Brymesser,
and Respondent, Cumberland County Board of Assessment Appeals, the approved Clean
and Green document recorded in Book 242, Page 446 associated with Tax Parcel Number
22-11-0282-074 shall be amended to reflect that 135.10 acres are eligible and approved
for Clean and Green subject to preferential tax assessment. Cumberland County Office
of Assessment shall file an Amendment to an approved Clean and Green Application
reflecting the acreage change to 13 5.10 acres with the Office of the Recorder of Deeds of
Cumberland County. Cumberland County Board of Assessment is hereby directed to
refund Petitioner any amounts due in accordance with the determinations set forth in this
Order of Court, less applicable recording fees.
BY THE COURT,
Christy ee L. Peck, J.
Andrew C. Sheely, Esquire
127 South Market Street
P.O. Box 95
Mechanicsburg, PA 17055
Attorney for Petitioner
oard of Assessment Appeals
of Cumberland County
c/o John G. French, Solicitor
1304 Oak Lane
New Cumberland, PA 17070
oard of Commissioners
Of Cumberland County .
One Courthouse Square
Carlisle, PA 17013
—,-�Township of Monroe
1220 Boiling Springs Road
Mechanicsburg, PA 17055
Cumberland Valley School District
6746 Carlisle Pike
Mechanicsburg, PA 17050
t PAS fi?-(a t