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Home My WebLink About06-6759F: \FB.ES\DATAFILE\Diehl\Documents\5436.85.taxassessementappeal.012B ROBERT E. DIEHL and NANCY C. DIEHL, husband and wife, Appellants V. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. : REAL ESTATE TAX ASSESSMENT APPEAL NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. 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: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)232-7536 MA ORFF WILLIAMS & OTTO By: Carl C. Risch, Esquire I.D. No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Appellants v. Date: November 27, 2006 ROBERT E. DIEHL and NANCY C. DIEHL, husband and wife, Appellants V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 6G-L7Y? CUMBERLAND COUNTY BOARD OF : ASSESSMENT APPEALS, REAL ESTATE TAX ASSESSMENT APPEAL Appellee PETITION OF APPEAL FROM DETERMINATION OF REAL ESTATE TAX ASSESSMENT AND NOW, comes the Appellants, by and through their attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and appeal as follows: 1. Appellants are the owners of a parcel of land located in Cumberland County, Pennsylvania, known as Tax Parcel Number 38-04-0365-012B. 2. The assessed value of this parcel is $156,630.00. 3. In 2006, the Appellants appealed this assessment to the Cumberland County Board of Assessment Appeals. 4. On October 25, 2005, the Cumberland County Board of Assessment Appeals issued a Decision Order, after a hearing on the merits, denying the Appellants' tax assessment appeal and affirming the assessed value of $156,630.00. A copy of this Notice is attached hereto as Exhibit "A." 5. Appellants now appeal this adverse decision to this Court seeking de novo review of the assessment of the above parcel. 6. The Appellants believe, and therefore aver, that the assessed value of the property should be approximately $22,000.00 WHEREFORE, Appellants request that this Court reverse the decision of the Board and set the assessment at approximately $22,000.00 Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By_ M Carl C. Risch, Esquire I.D. No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Appellants Date: November z?, 2006 Cumberland County Board of Assessment Appeals Old Courthouse One Courthouse Square Carlisle, PA 17013 Board of Assessment Appeals Lloyd W. Bucher R. Fred Hefelfinger Sarah Hughes (717) 240-6350 (717) 240-6354 (fax) BONNIE M. MAHONEY Chief Assessor STEPHEN D. TILEY Assistant Solicitor DECISION ORDER MAILING DATE: October 25, 2006 PARCEL NUMBER: 38-04-0365-0128 DIEHL, ROBERT E & NANCY C 408 SAMPLE BRIDGE ROAD ENOLA PA 17025 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: 09/27/2006 DATE DECISION RENDERED: 10/25/2006 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 Old Assessed Value: 156,630 New Assessed Value: 156,630 2,140 2,140 CLEAN AND GREEN STATUS Not Enrolled Not Enrolled 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 November 27,2006. Ekhibit "A" VERIFICATION I, RobertE. Diehl, acknowledge I have the authority to execute this Verification and certify the foregoing is based upon utformation which has been gathered by nay counsel in the preparation ofthe appeal. The language is that of counsel and not my own. I have read the document and to the extent it is based upon infoxmation which I have given to my counsel, it is true and correct to the best of my knowicdge, information aad belief. To the extent the content is that ofcoumsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsiScation to authorities, which provides that M knowingly make false averments, I may be subject to criminal penalties. Dated: `l a? "? CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was served this date by hand delivery as follows: Stephen D. Tiley, Esquire 5 South Hanover Street Carlisle, PA 17013 Cumberland County Board of Assessment Appeals Old Court House One Courthouse Square Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO B CI: c line A. Decker 10 ast High Street Carlisle, PA 17013 Dated: November ,Z' , 2006 O R po CKN 77 . -J i F:\FILES\DATAFILE\Diehl\Documents\5436.85. service, aff:012B ROBERT E. DIEHL and NANCY C. DIEHL, husband and wife, Appellants V. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. 06-6759 CIVIL : REAL ESTATE TAX ASSESSMENT APPEAL AFFIDAVIT OF SERVICE I, Jacqueline A. Decker, being duly sworn, deposes and says that she is an adult and that she served a true and correct copy of the Petition of Appeal from Determination of Real Estate Tax Assessment with regard to the above-captioned matter upon Appellee and Appellee's counsel by hand delivery on the 27" day of November, 2006. Date: November 28, 2006 Gdacc tOline A. Decker COMMONWEALTH OF PENNSYLVANIA ) ): ss. COUNTY OF CUMBERLAND ) On this, the 28' day ofNovember, 2006, before me, the undersigned officer, personally appeared JACQUELINE A. DECKER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 7 A . (SEAL) Not Public LCarlisZe LM OF PENNSYLVANIA otarial Seal Price, Notary Public ro, Cumberland County on Expires Aug. 18, 2007 Me mber. Pennsvivan ;. Association of Notaries CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Affidavit of Service was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Stephen D. Tiley, Esquire 5 South Hanover Street Carlisle, PA 17013 Cumberland County Board of Assessment Appeals Old Court House One Courthouse Square Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO By c ine A. Decker Dated: November 28, 2006 ? CO Cc rt Stephen D. Tiley, Esquire Supreme Court I.D. No. 32318 Attorney for Appellee Cumberland County Board of Assessment Appeals 5 South Hanover Street Tel: 717-243-5838 Carlisle, Pennsylvania 17013 Fax: 717-243-6441 RICHARD E. DIEHL and NANCY C. DIEHL, husband and wife, Appellants V. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO. 2006-6759 CIVIL REAL ESTATE TAX ASSESSMENT ANSWER AND NOW, comes the Appellee, Cumberland County Board of Assessment Appeals, by and through its attorney, Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor for Tax Matters, and files this Answer of which the following is a statement: 1-5. Admitted. 6. Denied. The averments of this paragraph set forth a conclusion of law to which no responsive pleading is required. By way of further Answer, the Cumberland County Board of Assessment Appeals believes, and therefore avers, that the fair market value, and therefore assessed value, of the subject property, is at least $156,630, the amount of the pre-existing assessment. WHEREFORE, Appellee, the Cumberland County Board of Assessment Appeals prays Your Honorable Court for an Order dismissing this assessment appeal or Richard Scott Diehl & Robyn D. Schreffler - Answer Page I of 2 No. 2006-6759 c By ::?24 Stephen D. *iv-, squire Assistant Cumb. Cty. Solicitor For Tax Matters 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.D.#32318 VERIFICATION setting the market value of the subject property at $156,630, or at such other or greater amount as the Court may deem just and proper. Date: ?-'!V G Respectfully submitted, I verify that the statements made in the foregoing Answer are true and correct, partially upon personal knowledge and partially upon my belief; to the extent language in the Answer is that of my attorneys, I have relied upon my attorneys in making this Verification. I understand that false statements herein are made and subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: Richard Scott Diehl & Robyn D. Schreffler - Answer No. 2006-6759 Bonnie M. Mahoney, Chief Leess Page 2 of 2 '+ Stephen D. Tiley, Esquire Supreme Court I.D. No.32318 Attorney for Appellee Cumberland County Board of Assessment Appeals 5 South Hanover Street Tel: 717-243-5838 Carlisle Pennsylvania 17013 Fax: 717-243-6441 RICHARD E. DIEHL and NANCY C. DIEHL, husband and wife, Appellants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION V. : NO. 2006-6759 CIVIL CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS, : REAL ESTATE TAX Appellee . ASSESSMENT ERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Answer on December 2 , 2006, by placing a true and correct copy of the same in the United States mail, postage pre-paid, addressed (separately) to: Carl C. Risch, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Attorney for Appellant 10 East High Street Carlisle, PA 17013 Steven A. Stine, Esquire Counsel for Silver Spring Township 23 Waverly Drive Hummelstown, PA 17036 Date: ??,?,,,? ? a??JpG i Stephen . y, q Attorney for Appellee 5 S. Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D.#32318 Jerry R. Duffie, Esquire JOHNSON, DUFFIE STEWART & WEIDNER Attorney for Cumberland Valley School District 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Tile Es wire c? o C 71 _ f a ' { 1 Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb QCountp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor LL -L / J ? CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, 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) 240-6573