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Home My WebLink About13-2316 4 F IN RE: CARLISLE AREA IN THE COURT OF COMMON PLEAS OF SCHOOL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA Appellants CIVIL ACTION—LAW V. CUMBERLAND COUNTY NO. 2013)34IVIL ACTION-LAW BOARD OF ASSESSMENT, ALBERTON H. STARNER And DENISE A. STARNER, Tax payers Appellees C_> b ; r MCD rn tnr-- Parcel No.: 08-16-0212-033 r-= ° , • (:n - a PETITION FOR REVIEW OF BOARD OF ASSESSMENT APPEALS DECISION NOTICE AND now comes the Carlisle Area School District by and through its undersigned attorneys Flower Law, LLC, and hereby files its Petition for Review of Board of Assessment Appeals Decision Notice as follows: 1. The Appellant Carlisle Area School District is a public school district and taxing body with an address of 623 West Penn Street, Carlisle, PA 17013. 2. Respondent Cumberland County Board of Assessment Appeals is a Board of Assessment Appeals having an address of 1 Courthouse Square, Room 107, Carlisle, PA 17013 3. Alberton H. Starner and Denise A. Starner are adult individuals, husband and wife, residing at 299 Starners Station Road, Gardners, Cumberland County, Pennsylvania, 17324. 4. Respondent Starners (hereinafter Starners) were owners of 40.10 acres in Dickinson Township, Cumberland County, within the Carlisle Area School District, which were identified by parcel number 08-16-0212-033, and which were enrolled in X03, 75 /�� P a the Clean and Green program, 72 P.S. §5490.1 et seq. Thus qualifying for a reduction in Real Estate taxes. 5. Under the Clean and Green Law, when a split off tract does not exceed two acres (unless a local government unit requires a minimum residential lot size of two to three acres, which is not applicable in this case) roll back taxes are only due with respect to the split off tract, and are not due with the respect to the entire original tract. 6. By deed recorded of September 10, 2012, as a deed to instrument number 201227627 in the Office of the Cumberland County Recorder of Deeds of Cumberland County,Elberton H. Starner and Denise A. Starner conveyed to Christopher L. Starner and Alberton H. Starner a portion of the aforesaid tract containing 2.6722 acres, copy of which deed is attached hereto as Exhibit A. 7. The aforesaid sale of the 2.67 acres, being more than the permissible 2.0 acres, established the obligation of the Starners to pay roll back taxes under Clean and Green for the entire tract, and they were so advised by the Cumberland County Assessment Office by letter of September 26, 2012, copy of which is attached as Exhibit B. 8. The roll back taxes in question are believed, and consequently averred, to be in the amount of$8,885.86. The decision of the Cumberland County Assessment Office to impose the aforesaid roll back taxes was appealed by Starners, and the Board of Assessment Appeals of Cumberland County granted the Starner's request and did not impose Clean and Green roll back taxes on the entire 40.10 tract, but only upon the portion of conveyance of 2.6722 acres. 9. Said decision of the Board of Assessment Appeals was contrary to law, and the Carlisle Area School District hereby appeals said decision. 10. Appellant Carlisle Area School District is entitled to make this appeal under the County Assessment Law found at 53 Pa.C.S. §8885 et seq. 11. Appellant Carlisle Area School District is authorized to appeal the decision of the Board of Assessment Appeals under the Clean and Green Law found at 72 P.S. §5490.9(a), et seq. 12. No Judge from the Court of Common Pleas of Cumberland County has previously ruled on any issue pertaining to this Assessment Appeal or any related matter. WHEREFORE Appellant Carlisle Area School District respectfully requests that the Court reverse the decision of the Board of Assessment Appeals of Cumberland County and impose roll back taxes under Clean and Green which were properly assessed against the property owners by the Cumberland County Assessment Office, and make such other orders and decrees which the Court may deem to be just and proper. Respectfully Submitted, Flower Law,LLC Solicitor for the Carlisle Area School District By: Date: a es D. Flower,Jr. Sup. Ct. ID 27742 Flower Law,LLC 10 West High Street Carlisle, PA 17013 (717) 243-5513 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Christina Spielbauer,Assistant Superintendent Carlisle Area School District IN RE: CARLISLE AREA IN THE COURT OF COMMON PLEAS OF SCHOOL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA Appellants CIVIL ACTION—LAW Vi. CUMBERLAND COUNTY NO. 2013- CIVIL ACTION-LAW BOARD OF ASSESSMENT, ALBERTON H. STARNER And DENISE A. STARNER, Tax payers Appellees Parcel No.: 08-16-0212-033 CERTIFICATE OF SERVICE I James D. Flower,Jr., Flower Law,LLC do hereby certify that a true copy of the foregoing Petition was serviced this day by depositing the same in first class mail,postage prepaid to the following: John G. French,Esquire Cumberland Country Board of Assessment Appeals 1 Courthouse Square Carlisle,PA 17013 Seth G. Moseby, Esquire Martson, Deardorff,Williams, Otto, Gilroy, Faller 10 East High Street Carlisle,PA 17013 Susan J. Smtih,Esquire Solicitor for Dickinson Township 3009 Market Street Camp Hill,PA 17011 Respectfully submitted, jinnes D. Flower,Jr., squire ttorney for Plaintiffs Supreme Court ID: 27742 10 West High Street Carlisle,PA 17013 (717) 243-5513 IN RE: CARLISLE AREA SCHOOL DISTRICT, of !lPa"H Appellant ohl"fit V. ltb IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY BOARD OF OF THE NINTH JUDICIAL D_ ISTRICT ASSESSMENT, ALBERTON H. -A316 STARNER and ELLA S. STARNER, Tax 2013-01679 CIVIL TERM payers Appellees ASSESSMENT APPEAL IN RE: PETITION FOR REVIEW OF BOARD OF ASSESSMENT APPEALS DECISION NOTICE ORDER OF COURT AND NOW, this 17th day of May 2013, upon consideration of the Petition for Review of Board of Assessment Appeals Decision Notice, a de novo HEARING is scheduled for I August 2013, at 1:30-p.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania. APPELLANT shall serve the notice of the appeal, Petition for Review, and this Order of Court upon all interested parties. BY THECOURT, ............................................ Thomas . Placey .Dstribution: #"n MCO M:,2 7�O -Ur- 'r ,,10�qhn G. French, Esq. (j)r- > e D. Flower, Esq. < 1---1-j f r-:z es D. Smith, Esq. -teeth G. Moseby, Esq. >C: ca t ic'r Aza a Lik- IN RE: CARLISLE AREA IN THE COURT OF COMMON PLEAS OF SCHOOL DISTRICT CUMBERLAND COUNTY,PENNSYLVANIA Appellants CIVIL ACTION-LAW V. CUMBERLAND COUNTY NO. 2013-/1.7. CIVIL ACTION-LAW BOARD OF ASSESSMENT, ALBERTON H. STARNER And ELLA S. STARNER, Tax payers Appellees Parcel No.: 08-16-0212-033 ORDER OF COURT NOW, this day of 2013 upon consideration of the Petition for Review of Board of Assessment Appeals Decision filed by Carlisle Area School District and is hereby directed that a hearing is scheduled on above-referenced appeal on-day of 2013 at m. in Courtroom By the Court, J. Seth T. Mosebey, Esquire r 4 3 JUL 26 Pil 2: C5 MARTSON LAW OFFICES I.D. No. 203046 MtIBL'ie�+ls Cui 10 East High Street P ¢�"�S Y��'� � '+ Carlisle, PA 17013 (717) 243-3341 Attorney for Appellees IN RE: CARLISLE AREA SCHOOL, : IN THE COURT OF COMMON PLEAS OF DISTRICT, : CUMBERLAND COUNTY, PENNSYLVANIA Appellant • v. • CUMBERLAND COUNTY BOARD : NO. 2013-2316 OF ASSESSMENT, ALBERTON H. : CIVIL ACTION - LAW STARNER And DENISE A. STARNER, Tax payers : ASSESSMENT APPEAL Appellees PETITION FOR LEAVE TO WITHDRAW AS COUNSEL AND NOW, comes MARTSON LAW OFFICES, attorneys for Appellees, Alberton H. Starner and Denise A. Starner, in the proceedings before the Board of Assessment Appeal and petitions this Court for confirmation that it does not represent Appellees in this matter, or in the alternative, for leave to withdraw as counsel in the above-captioned matter and in support thereof avers as follows: 1. This is an action commenced by Appellant, Carlisle Area School District, appealing a decision of the Board of Assessment Appeals. 2. Petitioner, Martson Law Offices, was retained to represent the Appellees, Alberton H. Starner and Denise A. Starner("the Starners")in the proceedings before the Board of Assessment Appeals to appeal the imposition of roll back taxes on real property owned by the Starners. 3. Petitioner and the Starners agreed that the scope of Petitioner's representation was limited to representation of the Starners before the Board of Assessment Appeals. 4. The Board of Assessment Appeals of Cumberland County granted the Starners' appeal. 5. On April 26, 2013 Appellant appealed to this Court for review of the Board of Assessment Appeals decision in favor of the Starners. 6. Upon receiving notice of Appellant's appeal,Petitioner contacted Christopher Starner, the agent under a Power of Attorney for the Starners, to notify him of the appeal and subsequently confirmed that Petitioner's representation had concluded upon resolution of the hearing before the Board of Assessment Appeals. 7. Petitioner has never entered its appearance in this matter before the Court of Common Pleas. 8. Because Petitioner has never entered its appearance in this matter and because Petitioner's representation was limited to the appeal before the Board of Assessment Appeals, it is seeking an order confirming that it does not represent the Starners in this matter. 9. The Starners, through their agent, have concurred with the relief requested in this Petition. 10. Counsel for Appellant concurs with the relief requested in this Motion. 11. A hearing in this matter is currently scheduled for August 1, 2013. 12. Judge Placey has been assigned to this matter. WHEREFORE, Martson Law Offices prays Your Honorable Court to grant its Petition for Leave to Withdraw as Counsel and consider Appellees,Alberton H. Starner and Denise A. Starner, pro se, in this matter. Respectfully Submitted, MARTSON LAW OFFICES By 2-69 `) Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 Dated 7124113 (717) 243-3341 F.\FILES\Clients\15067 Starner\15067.I.PetitionWithdraw.wpd CERTIFICATE OF SERVICE I, Shelly Taylor, an authorized agent for Martson Deardorff Williams Otto Gilroy& Faller, hereby certify that a copy of the foregoing Petition to Withdraw as Counsel was served this date via first class mail; addressed as follows: Mr. Christopher Starner 299 Starners Station Rd. Gardners, PA 17324 John G. French, Esquire Cumberland County Board of Assessment Appeals 1 Courthouse Square Carlisle, PA 17013 Susan J. Smith, Esquire Solicitor for Dickinson Township 3009 Market Street Camp Hill, Pa 17001 Thomas Flower, Esquire 10 West High Street Carlisle, PA 17013 MARTSON LAW OFFICES �' 11yT.,' �r "en East igh Street Carlisle, PA 17013 (717) 243-3341 Dated: July Wi , 2013 rr r '0 ,/ V Seth T. Mosebey, Esquire J(f MARTSON LAW OFFICES 0 PEA 4' 26 I.D. No. 203046 CUMBERLAND Ciiljk;-j `, 10 East High Street PENNSYLVANIA Carlisle, PA 17013 (717) 243-3341 Attorney for Appellees IN RE: CARLISLE AREA SCHOOL, IN THE COURT OF COMMON PLEAS OF DISTRICT, CUMBERLAND COUNTY, PENNSYLVANIA Appellants V. : CUMBERLAND COUNTY BOARD NO. 2013-2316 OF ASSESSMENT, ALBERTON H. CIVIL ACTION - LAW STARNER And DENISE A. STARNER, Tax payers ASSESSMENT APPEAL Appellees • ORDER AND NOW, this�day of , 2013, upon consideration of the Motion for Leave to Withdrawal as Counsel filed by Martson Law Offices it is hereby granted, and Martson Law Offices does not represent Appellees, Alberton H. Starner and Denise A. Starner, in this matter, and Appellees, Alberton H. Starner and Denise A. Starner are pro se in this matter. For service requirements, Appellees, Alberton H. Starner and Denise A. Starner's address is 299 Starners Station Road, Gardners, PA 17324. BY THE C JRT, Thomas A. Placer o-()mmon Pleas ]u ;: � . 1 �.3 0 .w IN RE: CARLISLE AREA SCHOOL DISTRICT, Appellant V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY BOARD OF OF THE NINTH JUDICIAL DISTRICT ASSESSMENT, ALBERTON H. STARNER and ELLA S. STARNER, Tax 2013-02316 CIVIL TERM payers Appellees ASSESSMENT APPEAL IN RE: PETITION FOR REVIEW OF BOARD OF ASSESSMENT APPEALS DECISION ORDER OF COURT AND NOW, this 25th day of November 2013, upon consideration of the Petition for Review of Board of Assessment Appeals Decision filed by the Carlisle Area School District, following a hearing together with argument and subsequent brief, the decision of the Board of Assessment Appeal of Cumberland County is REVERSED. The roll back taxes under the Clean and Green Act were properly assessed against the property owners by the Cumberland County Assessment Office and shall be imposed. The Appellees' pro se position and their intent to convey a habitable piece of land to their son is readily understood; however, it is not in compliance with the law. A review of the law indicates Appellees are not in compliance with the Clean and Green Act, which specifically limits the acreage*available for transfer to be compliant. Further, there is no supporting statutory or case law that would find the variance from the permissible acreage to be de minimis. BY THE C Thoma A. Placey C.P.J. Distribution: /John G. French, Esq. Thomas Flower, Esq. Susan J. Smith, Esq. v z5 Seth G. Moseby, Esq. z Z F r� (P'P u1 ;' VAlberton H. & Ella S. Starner c/o Christopher Starner -P-C-" �` p es na.`ed