HomeMy WebLinkAbout02-4160COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Date Filed:
TAX ASSESSMENT APPEAL
HEARING NOTICE
Plaintiff:
DeMartyn, Melanie A.M.
604 Wingert Drive
Mechanicsburg, PA 17055
Please Deliver Within five (5) days
Melanie DeMartyn
604 Wingert Drive
Mechanicsburg, PA 17055
VS.
Defendant:
County of Cumberland Assessment Office
One Court House Square
Carlisle, PA 17013
A Complaint has been filed against you for the unjust tax assessment of real property,
*-mcao-,_ ~ dam~eg~, .... in t~, ahnv~x~ase. A he~ng has been set in ~s ma~er for:
Date: Place:
Time:
Notice to Defendant
If you have a defense to this complaint, you may present it at the hearing.
IF YOU DO NOT APPEAR AT THE HEARING, A JUDGMENT FOR CORRECTED TAX
ASSESSMENT AND COSTS, MAY NEVERTHELESS BE ENTERED AGAINST YOU.
The Commonwealth of Pennsylvania
Civil Dockets number:
Date filed:
Plaintiff: Melanie DeMartyn
604 Wingert Drive
Mechanicsburg, PA 17055
VS.
Defendant: County of Cumberland
Assessment Office
One Courthouse Square
Carlisle, PA 17013
TAX ASSESSMENT APPEAL
The Plaintiff further alleges that:
1. The location and the address, if any, of the real property is
220 Cumberland Parkway, Unit #5, Mechanicsburg, PA 17055
2. The Plaintiffis the owner of that property since April 24, 2002
3. The Plaintiffalleges unjust assessment, of$117,000.00, at the appeal hearing August 26,
2002.
4. The Plaintiff alleges unjust assessment of an inaccurate Cumberland County Owner's
Valuation Card which was presented at the August 26, 2002 appeal hearings.
5. The Plaintiff asks for reassessment in the amount of $105,000.00
I, Melanie DeMartyn hereby verifies that the facts set forth in this complaint are true and correct
to the best of my knowledge, information and belie£ This statement is made subject to the
penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities.
MELANIE A.M. DEMARTYN,
Plaintiff
CUMBERLAND COUNTY
ASSESSMENT OFFICE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-4160 CIVIL TERM
ORDER OF COURT
AND NOW, this 11th day of September, 2002, upon consideration of Plaintiff's
Tax Assessment Appeal, a hearing is scheduled for Monday, December 16, 2002, at
1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
!
J~Vesley Ole ,~r., J.
,/"[Vlelanie A.M. DeMartyn
604 Wingert Drive
Mechanicsburg, PA 17055
Plaintiff, Pro Se
,/'Stephen D. Tiley, Esq.
5 South Hanover Street
Carlisle, PA 17013
Attorney for Defendant
:re
X~d'~;,'J.(i .;¥ ..~: -,. J. -JO
MELANIE A~I. DEMARTYN,
Plaintiff/Petitioner
CUMBERLAND COUNTY
ASSESSMENT OFFICE, :
(Cumberland County Board of :
Assessment Appeals) :
Defendant/Respondent :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2002-4160 CIVIL TERM
AND NOW, comes the Cumberland County Board of Assessment Appeals, the proper
Respondent in the above captioned matter, by its attorney, Stephen D. Tiley, Esquire, Assistant
Cumberland County Solicitor, and files this Answer to the "Tax Assessment Appeal" filed by the
Plaintiff/Petitioner, of which the following is a statement:
1. Admitted. The tax parcel number of the subject property is 42-26-0243-033-U5.
2. Admitted.
3. Admitted in part. Denied in part. It is admitted that the Plaintiff alleges that her
assessment is unjust. It is denied that the assessment is in fact unjust.
4. Admitted in part. Denied in part. It is admitted that the original year 2000
countywide reassessment value of $230,040.00 was in error. The Board of Assessment Appeals
and the Cumberland County Assessment Office had not corrected that error. Petitioner's appeal
form to the Board indicated an opinion of value of $115,000.00. The Board of Assessment
Appeals, at the Board heating, established a value of $117,000.00 which was less than the amount
believed to be the value by the Cumberland County Assessment Office. Petitioner was dissatisfied
with the $117,000.00 figure, desiring instead a value of $105,000.00. In now appealing to Court,
there is to be a de novo Hearing before the Court pursuant to Section 704 of The Fourth to Eighth
Class County Assessment Law (72 P.S. §5453.704).
5. Admitted. It is admitted that the Plaintiff asks for an assessment value of
$105,000.00. It is denied that $105,000.00 would be a fair and proper assessment of the subject
property.
Appeals.
(New) The Plaintiff/Respondent is the Cumberland County Board of Assessment
WHEREFORE, Respondent prays Your Honorable Court for an Order setting the
assessed value of the property at such amount as the Court may deem just and proper.
Respectfully submitted,
Dated:
StephenJg. Tiley, Esquire
Attorney for Cumberland County
Board of Assessment Appeals
and Cumberland County
5 South Hanover Street
Carlisle, PA 17013
(717) 2430-5838
Supreme Court I.D.#32318
VERI~
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.
Bonnie M. Mah'oney
Chief Assessor
MELANIE Aa'VI. DEMARTYN,
Palintiff/Petitioner,
CUMBERLAND COUNTY
ASSESSMENT OFFICE,
(Cumberland County Board of
Assessment Appeals),
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2002-4160 CIVIL TERM
CERTIFICATE OF SERVICE
I hereby certify that I am this date serving a true and correct copy of the within Answer
upon the Petitioner by sending the same by first-class mail postage paid addressed as follow:
MELANIE A. M. DEMARTYN
604 WINGERT DRIVE
MECHANICSBURG, PA 17055
Stephen I . Tiley, Esquire
Frey & Tiley
Attorney for Cumb. County
Board of Assessment Appeals
5 S. Hanover Street
Carlisle, PA 17013
717-243-5838
Dated:
MELANIE A.M. DEMARTYN,
Plaintiff
Vo
CUMBERLAND COUNTY
ASSESSMENT OFFICE,
(Cumberland County Board of
Assessment Appeals)
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND C, OUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-4160 CIVIL TERM
IN RE: TAX ASSESSMENT APPEAL
BEFORE OLER, J.
ORDER OF COURT
AND NOW, this 18th day of December, 2002, upon consideration of the tax
assessment appeal filed herein, and following a hearing held on December 16,
2002, it is ordered as follows:
THE MARKET VALUE as of March 13, 2002 (and for succeeding years
until revised) for the property owned by Plaintiff Melanie A.M. DeMartyn having
an address of Unit Number 5, Cumberland Business Park, 220 Cumberland
Parkway, Mechanicsburg (Upper Allen Township), Cumberland County,
Pennsylvania, and bearing tax parcel number 42-26-0243-0333-U5, is fixed at
$115,000.00. Pursuant to the consent of Defendant's counsel, this figure shall be
retroactive to January 1,2001
THE COMMON LEVEL RATIO for Cumberland County being 98.6% and
the established predetermined ratio being 100%, and there not being a difference
of more than 15% between the two, the assessment with respect to the aforesaid
parcel is fixed at $115,000.00.
BY THE COURT.
! ? /,' /,' ...? ,,;i5'/
Jj'Wesley ~ Jr., J.
Melanie A.M. DeMartyn
604 Wingert Drive
Mechanicsburg, PA 17055
Plaintiff, Pro Se
Stephen D. Tiley, Esq.
Attorney for Defendant
MELANIE A.M. DEMARTYN,
Plaintiff
Vo
CUMBERLAND COUNTY
ASSESSMENT OFFICE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
02-4160 CIVIL TERM
IN RE: TAX ASSESSMENT APPEAL
ORDER OF COURT
AND NOW, this 16th day of December, 2002,
upon consideration of the Tax Assessment Appeal filed in
the above-captioned matter, and following a hearing, the
record is declared closed, and the matter is taken under
advisement.
By the Court,
J/~WeSley O~e~, Jr. J.
/Melanie DeMartyn, Pro Se
604 Wingert Drive
Mechanicsburg, PA 17055
Plaintiff
~tephen Tiley, Esquire
5 South Hanover Street
Carlisle, PA 17013
For the Defendant
:mae