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Home My WebLink About02-1515SHIPPENSBURG AREA SCHOOL DISTRICT IN THE COURT OF COMMON PLEAS APPELLANT, OF CUMBERLAND COUNTY PENNSYLVANIA VS. CUMBERLAND COUNTY BOARD OF CIVIL ACTION - LAW ASSESSMENT APPEALS and NO. 0 SHIPPENSBURG MOBILE ESTATES, INCORPORATED, REAL ESTATE TAX APPELLEES ASSESSMENT APPEAL PETITION OF APPEAL FROM DETERMINATION OF REAL ESTATE TAX ASSESSMENT RE: SHIPPENSBURG MOBILE ESTATES TAX PARCEL NO. 36-12-0320-009 TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes the Shippensburg Area School District, by and through its attorney, Jerry A. Weigle, Esquire, and respectfully represents as follows: 1. The Appellant herein is the Shippensburg Area School District, a public school district situated partly in Franklin County, Pennsylvania, and partly in Cumberland County, Pennsylvania, with its principal office at 317 North Morris Street, Shippensburg, Pennsylvania 17257. 2. The Appellees herein are: a. Cumberland County Board of Assessment Appeals, the duly constituted board of assessment appeals for the County of Cumberland, Pennsylvania, having its office at Old Courthouse, 1 Courthouse Square, Carlisle, PA 17013 (hereinafter called "Appellee Board"). b. Shippensburg Mobile Estates, Inc., the reputed owner of the subject real estate, Shippensburg Mobile Estates Mobile Home Park, its mailing address being Box 133, LafayetteHill, Pennsylvania 17444 (hereinafter called "Appellee Owner"). 3. The subject premises is real estate situated in Shippensburg Township, Cumberland County, Pennsylvania, improved with a mobile home park community known as Tax Parcel No. 36-12-0320-009 (hereinafter called "subject premises"). 4. The subject premises is within the Shippensburg Area School District and is a portion of the real estate tax base of Appellant's real estate tax. 5. The real estate tax assessment for the subject premises was heretofore fixed by the Cumberland County Real Estate Tax Assessor at $3,103,980.00. 6. Appellant appealed said assessment by filing an assessment appeal with the Appellee Board on August 31, 2001. WEIGLE s ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 7. Appellee Board held a hearing on said appeal on February 11, 2002. The original hearing was continued at the request of the Appellant. 8. By notice dated February 27, 2002, the Appellee Board determined that there would be no change to the assessed value of the subject premises (see Exhibit A attached hereto). 9. The computed market value of the subject premises at the time of said hearing based upon the above assessment and prevailing common level ratio is $3,103,980.00. 10. The actual market value of the subject premises is greater than $3,103,980.00 11. The determination of the real estate tax assessment for the subject premises by the Appellee Board will result in inappropriately lower real estate taxes being paid to Appellant and other real estate taxing bodies by the Appellee Owner. 12. Said determination was improper and is prejudicial to Appellant in removing a substantial portion of Appellant's tax base. 13. Appellant is aggrieved by the Appellee Board's aforesaid determination. 14. Other parties having an interest in this matter because of real estate tax levying power are: a. Cumberland County, having its offices at Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. b. Shippensburg Township, Cumberland County, having its offices at R.D. 2, Shippensburg, PA 17257. WHEREFORE, pursuant to 72 P.S. 5453.706 and/or 72 P.S. 5020-520, Appellant hereby appeals from the Appellee Board's determination aforesaid and requests your Honorable Court to hear and determine the matter de novo in accordance with law. Respectfully submitted by SHIPPENSBURG AREA I Je A. W igle, Esquire IGLE & ASSOCIATES, P Attorney ID #01624 126 East King Street Shippensburg, PA 17257 Telephone 717-532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Cumberland County Board of Assessment Appeals Old Courthouse One Courthouse Square (717) 240-6350 Carlisle, PA 17013 (717) 240-6354 (fax) Board of Assessment Appeals Lloyd W. Bucher R. Fred Hefelfinger Sarah Hughes BONNIE M. MAHONEY Chief Assessor STEVEN D. TILEY Assistant Solicitor CORRECTED DECISION ORDER MAILING DATE: February 27, 2002 PARCEL NUMBER: 36-12-0320-009. SHIPPENSBURG MOBILE ESTATES JERRY A WEIGLE, ESQUIRE WEIGLE, PERKINS & ASSOCIATES 126 EAST KING STREET SHIPPENSBURG PA 17257 Dear Property Owner: 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: 02/11/2002 DATE DECISION RENDERED: 02/23/2002 EFFECTIVE FOR TAX YEAR: DECISION RENDERED: [ ] Withdrawn By Applicant [ ] Abandoned For Failure To Appear [X] Denied - No Change [ ] Approved Review Appraiser's Changes [ ] Revised Assessment Based on Hearing [ ] Other. TOTAL VALUE FAIR MARKET CLEAN AND GREEN CLEAN AND GREEN STATUS Old Assessed Value: 3,103,980 New Assessed Value: 3,103,980 NOT APPLICABLE 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 March 29, 2002. Exhibit A VERIFICATION I hereby affirm that the following facts are correct: I am an authorized agent of the Shippensburg Area School District in the foregoing action. The Petition of Appeal is based upon information which has been furnished to counsel and information which has been gathered by counsel in the preparation of this document. The language of the Petition of Appeal is that of counsel and not mine. I have read the Petition of Appeal and to the extent that the same is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Petition of Appeal is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the averments of fact set forth in the aforesaid Petition of Appeal are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: 3 z 7 Zo DR. DAVID R. LANDIS Superintendent Shippensburg Area School District WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - .SHIPPENSBURG. PA 17257-1397 r r? I?/V 1) •l- 1Z PVC C-1 L ?..1 ? 1 +?J SHIPPENSBURG AREA SCHOOL DISTRICT IN THE COURT OF COMMON PLEAS APPELLANT, OF CUMBERLAND COUNTY PENNSYLVANIA VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS and SHIPPENSBURG MOBILE ESTATES, INCORPORATED, APPELLEES • CIVIL ACTION - LA/? / ?n ?,,,, NO. OoZ-/S!S lr/v?l L REAL ESTATE TAX ASSESSMENT APPEAL ORDER OF COURT -OA AND NOW, this A 1 day of ' 200 , upon consideration of the within Petition of Appeal from Determination of Real Estate Tax Assessment and on the motion of Jerry A. Weigle, Esyy?ire, Atto ey for Appellant, an appeal is allowed and a hearing thereon shall be held on the?!1 day o200, at/ : 00 o'clock, _/O M., in Courtroom No. C m errlaannd?Coyu?nCourthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Certifedbop es of this OrQer and the within Petition shall be served forthwith on the Appellees; the County of Cumberland; and Shippensburg Township, Cumberland County, by personal service or by certified mail, return receipt requested. By the t WN/A old 044.0460 / J. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Bar Association Lawyer Referral Service Telephone 1-800-692-7375 (PA ONLY) OR 717-238-6715 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County, Pennsylvania is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office (717-249-3166). All arrangements must be made at least 72 hours prior to any hearing or business before the court. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17267-1397 I, VENV kIASNN3d u.Nnm su :z Wd sz 8dn zo AUVIC; 10 ?JIJ ELF ??? ii? SHIPPENSBURG AREA SCHOOL IN THE COURT OF COMMON PLEAS DISTRICT APPELLANT, OF CUMBERLAND COUNTY PENNSYLVANIA VS. CUMBERLAND COUNTY BOARD OF : CIVIL ACTION - LAW ASSESSMENT APPEALS and SHIPPENSBURG MOBILE N0.2002-1515 CIVIL TERM ESTATES, INCORPORATED APPELLEES REAL ESTATE TAX ASSESSMENT APPEAL (RE: SHIPPENSBURG MOBILE ESTATES) P AE PE TO THE PROTHONOTARY: Please enter the appearance of the undersigned in the above captioned matter. OP oe--- lSce pherlD. Tiley, Esquire Assistant Cumb. Co. Solicitor Cumberland County Board of Assessment Appeals 5 South Hanover Street Carlisle, PA 17013 Tel: (717) 243-5838 I.D. No. 32318 SHIPPENSBURG AREA SCHOOL DISTRICT APPELLANT, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS and SHIPPENSBURG MOBILE ESTATES, INCORPORATED APPELLEES (RE: SHIPPENSBURG MOBILE ESTATES) : CIVIL ACTION - LAW : NO. 2002-1515 CIVIL TERM REAL ESTATE TAX ASSESSMENT APPEAL .CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Praecipe by placing a certified true and correct copy of the same in the United States mail, postage pre-paid, addressed to: Jerry A. Weigle, Esquire Attorney for Appellant WEIGLE & ASSOCIATES, P.C. 126 East King Street Shippensburg, PA 17257 Shippensburg Mobile Estates Appellee Shippensburg Mobile Estates Mobile Home Park Box 133 Lafayette Hill, PA 17444 Date: Steph n D. Tlley, Esquire Assistant Cumb. Co. Solicitor 5 S. Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D.#32318 C7 ? s"? ? I'..? .l ? ?? Ill(:: .[ ..'i 4 . ' ? [ _ ? ? 1 i ?...? r ? ?? ' ?.. ._.... ? ? l _ l ??., ._-, ?i - ?. Y • -- - r _Yl ? ?f ?' ? SHIPPENSBURG AREA SCHOOL DISTRICT APPELLANT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS and SHIPPENSBURG MOBILE ESTATES, INCORPORATED, APPELLEES AFFID COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1515 CIVIL TERM REAL ESTATE TAX ASSESSMENT APPEAL NVIT OF SERVICE COUNTY OF CUMBERLAND SS Patricia A. Frey, being duly sworn according to law, deposes and says that on May 2, 2002, a true and attested copies of Petition of Appeal from Determination of Real Estate Tax Assessment with Order of Court were served upon the Appellee, Thomas H. Bown, II, President, Shippensburg Mobile Estates. Manner of service: by mailing the same postage paid, certified mail, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows: Mr. Thomas H. Bown, II 140 Plymouth Road Gwynedo Valley, PA 19437-0060 Sworn to and subscribed before me this 7t' day of May, 2002. PATRICIA A. FREY Notarial Sea tary l Public y o y fttr?la LTbme, No erland County t3oro. Cumb June 7, 2004 > lalsion Expires 1 ' SOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 SHIPPENSBURG AREA SCHOOL DISTRICT APPELLANT, VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS and SHIPPENSBURG MOBILE ESTATES, INCORPORATED, APPELLEES PRO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1515 CIVIL TERM REAL ESTATE TAX ASSESSMENT APPEAL OF OF SERVICE ru ^n = WPB D 9ALLiY 19 17 . ., ru m Postage $ 10.57 C3 LLry Certified Fee ' 07 . it; M =rn Receipt Fee .' R (Endorsement Requinld) Po etmerk Hem - - ?.? 0 O Restricted Delivery Fee (Endorsement Required) $ 14.17 •04t29t20)Y! r Total Postage & Fees M Ln Sent To '? rcrmas..H.. lam,-SI ------------- ----------- -------------------------- r3 Street, Apt. 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I F:\FILES\DATAFILE\Gmdoacur\10643-pra. I\jad 10643.1 SHIPPENSBURG AREA SCHOOL DISTRICT, Appellant v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1515 CIVIL TERM CUMBERLAND COUNTY BOARD OF REAL ESTATE TAX ASSESSMENT APPEALS and SHIPPENSBURG MOBILE ESTATES, : ASSESSMENT APPEAL INCORPORATED, Appellees PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Appellee Shippensburg Mobile Estates, Incorporated in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO B k A. Denl' er, E ire Y f I.D. No. 83794 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Appellee Shippensburg Mobile Estates, Incorporated Dated: July 9, 2002 CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jerry A. Weigle, Esquire WEIGLE & ASSOCIATES, P.C. 126 East King Street Shippensburg, PA 17257 Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 S. Hanover Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO B Mae ine A. Decker st High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 9, 2002 C 2 c - F.%FILES?DATAFILE\CTmdoc.cu[1106631-Rerq=t Conb m ce.l Cmted: 07/19/0212:35:17 PM Revised: 09/23/02 08:29:59 AM SHIPPENSBURG AREA SCHOOL DISTRICT, Appellant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1515 CIVIL TERM CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS and REAL ESTATE TAX SHIPPENSBURG MOBILE ESTATES, ASSESSMENT APPEAL INCORPORATED, Appellees ORDER AND NOW, this 2r day of September, 2002, in accordance with the foregoing Joint Motion For General Continuance and Stipulation of Counsel, the hearing scheduled for Thursday, September 26, 2002, is hereby continued generally for the reasons set forth in the Joint Motion, subject to being rescheduled on a future date, if necessary, upon the request of any party. Pgy s. `TAY J . wf?9[? Edward E. Guido, Judge VINVAIASNN3d A Nnaa nn"teewno 91 :Z6 9ld CZ d3S ZO 3%0 1 lt0. -03111 Shippensburg Area School District, Appellant vs Case No. 02-1515 Cumberland County Board of Assessment Appeals and Shippensburg Mobile Estates, Incorporated, Statement of Intention to Proceed To the Court: Shippensburg Area School District Appellant with the above C7 Print Name Jerry A Wexgl a E.caui reSign N Date: September 27, 2005 Attorney for Explanatory Comment Appellant The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901, Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rates promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rates. This rate was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rates implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a.. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. c? ^? o tee - i L co > c'> ? r eti JC1 - C fit Curtis R. Long Prothonotary (Office of the i9rotbonotarp . Cumberranb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 60'"R - MIT CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) ?An-A';'7'1