HomeMy WebLinkAbout02-1516SHIPPENSBURG AREA SCHOOL DISTRICT
APPELLANT,
VS.
CUMBERLAND COUNTY BOARD OF
ASSESSMENT APPEALS and
HOOKE AND SUTER PARTNERSHIP,
APPELLEES
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00, 15-1(Q
REAL ESTATE TAX
ASSESSMENT APPEAL
PETITION OF APPEAL FROM DETERMINATION
OF REAL ESTATE TAX ASSESSMENT
RE: SOUTHAMPTON MANOR
TAX PARCEL NO. 39-13-0102-016G
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:
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. Hooke and Suter Partnership, the reputed owners of the subject real estate,
Southampton Manor Mobile Home Park, its mailing address being 322 South
Hanover Street, Carlisle, Pennsylvania 17013, (hereinafter called "Appellee
Owner").
3. The subject premises is real estate situated in Southampton Township, Cumberland
County, Pennsylvania, improved with a mobile home park community known as Tax
Parcel No. 39-13-0102-016G (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 $514,100.00.
WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
6. Appellant appealed said assessment by filing an assessment appeal with the Appellee
Board on August 31, 2001.
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 $514,100.00.
10. The actual market value of the subject premises is greater than $514,100.00.
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. Southampton Township-Cumberland County, having its offices at 200 Airport
Road, 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
^ ? l?C
Jeyfy A. W?igle, Esquire
EIGLE & ASSOCIATES,
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
I
Cumberland County Board of Assessment Appeals
Old Courthouse
One Courthouse Square
Carlisle, PA 17013
(717) 240-6350
(717) 240-6354 (fax)
Board of Assessment Appeals BONNIE M. MAHONEY
Lloyd W. Bucher Chief Assessor
R. Fred Hefelfinger
Sarah Hughes STEVEN D. TILEY
Assistant Solicitor
CORRECTED DECISION ORDER
MAILING DATE: February 27, 2002
PARCEL NUMBER: 39-13-0102-016G
HOOKE & SUTER PARTNERSHIP
JERRY A WEIGLE, ESQUIRE
WEIGLE, PERKINS & ASSOCIATES
126 EAST KING STREET
SHIPPENSBURG PA 17257
i
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: 514,100 NOT
New Assessed Value: 514,100 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 1 z 67?
DR. DAVID R. LANDIS
Superintendent
Shippensburg Area School District
WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
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SHIPPENSBURG AREA SCHOOL DISTRICT
APPELLANT,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
VS.
CIVIL ACTION - L /
CUMBERLAND COUNTY BOARD OF NO. Oa - /S lC. tvcl?
ASSESSMENT APPEALS and REAL ESTATE TAX
HOOKE AND SUTER PARTNERSHIP,
APPELLEES ASSESSMENT APPEAL
ORDER OF COURT
AND NOW, this Pi/ ??-' day of 200-L-, upon consideration of the
within Petition of Appeal from Determination f Real Estate Tax Assessment and on the motion of
Jerry A. Weigle, Esquire, Attorney for Appellant, an appeal is allowed and a hearing thereon shall
be held on the day of ,? sz1 200 , at Q o'clock, _A-.M., in Courtroom
No. Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013.
Certified copies of this Order and the within Petition shall be served forthwith on the Appellees;
the County of Cumberland; and Southampton Township-Cumberland County, by personal service or by
certified mail, return receipt requested.
By the Court,
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 6 ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
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SHIPPENSBURG AREA SCHOOL DISTRICT IN THE COURT OF COMMON PLEAS
APPELLANT, OF CUMBERLAND COUNTY
PENNSYLVANIA
VS.
CUMBERLAND COUNTY BOARD OF
ASSESSMENT APPEALS and
HOOKE AND SUTER PARTNERSHIP,
APPELLEES
AFFID
COMMONWEALTH OF PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-1516 CIVIL TERM
REAL ESTATE TAX
ASSESSMENT APPEAL
AVIT OF SERVICE
COUNTY OF CUMBERLAND
SS
Patricia A. Frey, being duly sworn according to law, deposes and says that on April 30, 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, Hooke and Suter Partnership. Manner of service:
by mailing the same postage paid, certified mail, and return receipt requested, at Shippensburg,
Pennsylvania, addressed as follows:
Hooke and Suter Partnership
322 South Hanover Street
Carlisle, PA 17013
Sworn to and subscribed before
me this 1 st day of May, 2002.
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PATRICIA A. FREY
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SHIPPENSBURG AREA SCHOOL DISTRICT
APPELLANT,
VS.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-1516 CIVIL TERM
REAL ESTATE TAX
ASSESSMENT APPEAL
CUMBERLAND COUNTY BOARD OF
ASSESSMENT APPEALS and
HOOKE AND SUTER PARTNERSHIP,
APPELLEES
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SHIPPENSBURG AREA SCHOOL DISTRICT IN THE COURT OF COMMON PLEAS
APPELLANT, OF CUMBERLAND COUNTY
PENNSYLVANIA
VS.
CUMBERLAND COUNTY BOARD OF
ASSESSMENT APPEALS and
HOOKE AND SUTER PARTNERSHIP,
APPELLEES
AFFID
COMMONWEALTH OF PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-1516 CIVIL TERM
REAL ESTATE TAX
ASSESSMENT APPEAL
AVIT OF SERVICE
COUNTY OF CUMBERLAND
SS
Patricia A. Frey, being duly sworn according to law, deposes and says that on April 30, 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, William A. Duncan, Esquire. Manner of service:
by mailing the same postage paid, certified mail, and return receipt requested, at Shippensburg,
Pennsylvania, addressed as follows:
William A. Duncan, Esquire
1 Irvine Row
Carlisle, PA 17013
Sworn to and subscribed before
me this 1St day of May, 2002.
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Notary Public
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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
HOOKE AND SUTER PARTNERSHIP,
APPELLEES
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-1516 CIVIL TERM
REAL ESTATE TAX
ASSESSMENT APPEAL
PROOF
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SHIPPENSBURG AREA SCHOOL IN THE COURT OF COMMON PLEAS
DISTRICT OF CUMBERLAND COUNTY
APPELLANT, PENNSYLVANIA
VS.
CUMBERLAND COUNTY BOARD OF CIVIL ACTION - LAW
ASSESSMENT APPEALS and NO. 2002-1516 CIVIL TERM
HOOKE AND SUTER PARTNERSHIP, :
APPELLEES REAL ESTATE TAX
ASSESSMENT APPEAL
(RE: HOOKE & SUTER
PARTNERSHIP)
PRAECIPE
TO THE PROTHONOTARY:
Please enter the appearance of the undersigned in the above captioned matter.
Stephen D. 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 : IN THE COURT OF COMMON PLEAS
DISTRICT : OF CUMBERLAND COUNTY,
APPELLANT, : PENNSYLVANIA
VS.
CUMBERLAND COUNTY BOARD OF
ASSESSMENT APPEALS and
HOOKE AND SUTER PARTNERSHIP
APPELLEES
(RE: HOOKE & SUTER PARTNERSHIP)
CIVIL ACTION - LAW
NO. 2002-1516 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
Hooke and Suter Partnership
Appellees
Southampton Manor Mobile Home Park
322 South Hanover Street
Carlisle, PA 17013
Date: 'Z-
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Stephen . Tiley, Esquire
Assistant Cumb. Co. Solicitor
5 S. Hanover Street
Carlisle, PA 17013
(717) 243-5838
Attorney I.13.02318
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SHIPPENSBURG AREA SCHOOL
DISTRICT,
Appellant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
CUMBERLAND COUNTY BOARD
OF ASSESSEMENT APPEALS and :
HOOKE AND SUTER PARTNERSHIP, :
Appellees
CIVIL ACTION - LAW
NO. 02-1516 CIVIL TERM
REAL ESTATE TAX
ASSESSMENT APPEAL
JOINT MOTION FOR GENERAL CONTINUANCE
AND STIPULATION OF COUNSEL
AND NOW, comes the parties by and through their respective attorneys, as follows:
1. By Order of Court dated April 24, 2002, this Honorable Court scheduled a
hearing on the above-captioned matter for Monday, September 23, 2002.
2. The parties are in the process of discussions with the desire to resolve this matter
in an amicable fashion in order to avoid further litigation or expense.
3. The parties jointly request the Court to continue generally the hearing presently
scheduled for Monday, September 23, 2002, to allow the parties to continue their discussions and
to seek formal discovery, if necessary. Such hearing could be rescheduled at the request of any
party at a future date, if necessary.
WEIGLE a ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSSURG, PA 17257-1397
WHEREFORE, the parties jointly request the Court to enter an Order in the form
attached.
Respectfully submitted,
DUNCAN & HARTMAN, P.C.
By: !:
Willi . uncan, Esquire
One Irvine Row
Carlisle, PA 17013
(717)249-7780
Attorneys for Hooke & Suter, Partnership
& ASSOCIATES, P.C.
By.?-_.._-
v
Jerry A. eigle, squire
126 East ing S eet
Shippensburg, PA 17257
(717)532-7388
Attorneys for Shippensburg Area
School District.
FREY & TILEY
By: vt?
Stephe . Tiley, Esquire
Asst. Cumberland County Solicitor
5 South Hanover Street
Carlisle, PA 17013
(717)243-5838
Attorneys for Cumberland County Board
of Assessment Appeals
: C9
Date: "?-T
WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
SHIPPENSBURG AREA SCHOOL
DISTRICT,
Appellant
V.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
CUMBERLAND COUNTY BOARD NO. 02-1516 CIVIL TERM
OF ASSESSEMENT APPEALS and :
HOOKE AND SUTER PARTNERSHIP, : REAL ESTATE TAX
Appellees ASSESSMENT APPEAL
ORDER
AND NOW, this 23,1 day of September, 2002, in accordance with the foregoing Joint
Motion for General Continuance and Stipulation of Counsel, the hearing scheduled for Monday,
September 23, 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.
WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
BY THE COURT,
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Shippensburg Area School District,
Appellant
vs Case No. 02-1516
Cumberland County Board of Assessment Appeals and
Hooke and Suter Partnershp,
ppe ees
Statement of Intention to Proceed
To the Court:
Shippensburg Area School District,
Appellant
Jerry A. Weigle, Esquire
Print Name _ Sign
Date: September 27, 2005 Atton
Explanatory Comment
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 rules 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 rules.
This rule 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 rules 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.
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Curtis R. Long
Prothonotary
effltE of the i9rotbonotarp
Cumberfanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
6A - /S/4 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 0 Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573