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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