In re Appeal of Brown

28 Pa. D. & C.5th 216
CourtPennsylvania Court of Common Pleas, Chester County
DecidedMarch 12, 2013
DocketNo. 2012-10054
StatusPublished

This text of 28 Pa. D. & C.5th 216 (In re Appeal of Brown) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Chester County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Appeal of Brown, 28 Pa. D. & C.5th 216 (Pa. Super. Ct. 2013).

Opinion

TUNNELL, J,

William G. Brown appealed the refusal of the Chester County Board of Assessment Appeals to reduce the assessed value of his residential property in the amount of $290,870 for the 2013 tax year. After conducting a trial de novo on March 8,2013 and in consideration of the competent and credible [218]*218evidence presented therein, the court grants the appeal of William G. Brown and reduces the assessment for the year in question to $224,200, producing a fair market value of $380,000.

FINDINGS OF FACT

1. The appellant, William G. Brown, is the record owner of a single-family residence located on. 63 acres at 117 Pembrooke Circle, in the Valley Forge Woods development, Schuylkill Township, Chester County, Pennsylvania.

2. The appellees are the Chester County Board of Assessment Appeals, Schuylkill Township, and the Phoenixville Area School District.

3. The subject property, bearing a tax assessment parcel number of 27-08-0091, is improved by a two-story stucco dwelling, featuring four bedrooms, 2 1/2 baths, a two-car garage, a finished basement and a covered deck. The house has a gross living area of 2,656 square feet.

4. The property owner filed an appeal to the Chester County Board of Assessment Appeals appealing the increase in the assessed value for the subject property, which had been $277,450.

5. The Chester County Assessment Office assessed the property for 2013 in the amount of $290,870 which, when divided by the common level ratio of 59 percent for 2013, yields a fair market value of $493,000.

6. This was effected by a notice of assessment increase sent by the Board of Assessment Appeals with a mailing date of August 29, 2012.

[219]*2197. Atrial de novo was conducted by this court on March 8,2013.

8. The Board of Assessment Appeals presented the assessment record into evidence, establishing its prima facie case.

9. The property owner then offered the testimony of Helen Campitelli. She testified that she is licensed by the Bureau of Professional & Occupational Affairs of the Pennsylvania Department of State as an appraiser trainee. She is an employee of J. Puleo Management of Phoenixville and is supervised by Frances J. Puleo.

10. Mr. Puleo reviewed all of the 300 appraisals she had done over the past year, and was present when she made her site inspections. Ms. Campitelli also has 26 years of experience as a licensed real estate sales agent.

11. Over objection of the Chester County Board of Assessment Appeals, the court determined that Ms. Campitelli was qualified as an expert and was competent to perform real estate appraisals under the direct supervision of a licensed real estate appraiser.

12. Frances J. Puleo was also presented as a witness by the property owner. He testified that his company employs Ms. Campitelli, that he supervises her, and affirmed that he has reviewed over 300 appraisals by her, including two pertaining to the subject property. Mr. Puleo testified that he has over 50 years of experience, having first been certified as a Pennsylvania licensed real estate appraiser in 1965.

13. Mr. Puleo’s signature appears on the written appraisal of real property, marked as Petitioner’s Exhibit 1, as the “supervising state certified real estate appraiser.”

[220]*22014. Ms. Campitelli testified that she only considered the sales approach, and developed three comparables to arrive at her opinion of value.

15. Comparable sale number 1, with an address of 45 Amherst Court, Phoenixville, Pennsylvania, while located in the same development as the subject property, was improved by a much larger home of 3,959 square feet. It had an unfinished basement, and an uncovered deck. After adjustments, she placed the fair market value at $485,925.

16. Comparable sale number 2 was a parcel located at 300 Shelboume Lane, Phoenixville, Pennsylvania, also with a much larger home than the subject property of 4,004 square feet, and a fair market value of $505,400.

17. Her third comparable sale was located at 96 Ferry Lane, Phoenixville, Pennsylvania, which was improved by a dwelling of2,894 square feet and is most like the subject property. It also had a finished basement and a deck, but adjustments had to be made because of the presence of an in-ground swimming pool. The fair market value was $350,050.

18. To make her final reconciliation, Ms. Campitelli testified that from the comparables she settled on a mean value of $133 per square foot, multiplied it by 2,656 square feet for the subject property and, after adjustments for the basement and deck, her opinion was that the fair market value of Ms. Brown’s property was $380,000 as of November 17, 2012.

19. It was brought out on cross-examination that Ms. Campitelli’s original opinion of value prepared for the hearing before the Chester County Board of Assessment [221]*221Appeals last year was $493,000 (Exhibit B-3).

20. Ms. Campitelli testified that she had made a mistake. In doing approximately 30 appraisals in this same development, she did not realize that 29 properties had much larger residences, and that Mr. Brown’s square footage was significantly smaller. She did not use a proper median value for square footage, and instead used only sales prices, as she had done for the other 29 appraisals.

21. Ms. Campitelli testified that in this situation square footage is the most important factor, and that thus she had “botched” it.

DISCUSSION

Under the General County Assessment Law, the taxing authority has the power to rate and value all objects of taxation “according to the actual value thereof....” 72 P.S. §5020-402(a). “Actual value” means “market value” which, in turn, is the price a willing buyer would pay a willing seller, considering the uses to which the property is adapted and might reasonably be adapted. Buhl Foundation v. Board of Property Assessment, 407 Pa. 567, 570, 180 A.2d 900, 902 (1962); Willow Valley Manor, Inc. v. Lancaster County Board of Assessment Appeals, 810 A.2d 720, 723-724 (2002). In arriving at the “actual value” under 72 P.S. §5020-402(a), all three appraisal methods — cost, income and comparable sales approaches — must be considered in conjunction with one another. Morelyn Plaza Ltd. Partnership v. Bucks County Board of Assessments, 1997 WL 68578, *3 (Bankr. E.D. Pa. 1997), aff’d, 149 F.3d 1164 (3rd Cir. 1998).

In a tax assessment appeal, the court of common pleas must proceed de novo. Murtagh v. County of Berks, 715 [222]*222A.2d 548, 552 (Pa. Cmwlth. 1998), app. den., 557 Pa. 656, 734 A.2d 863 (1999). In a de novo appeal, it is the trial court’s duty “to independently determine the fair market value of the parcel on the basis of the competent, credible and relevant evidence presented by the parties.” Green v. Schuylkill County Board of Assessment Appeals, 565 Pa. 185, 196, 772 A.2d 419, 426 (2001); Westinghouse Electric Corp. v.

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Related

Deitch Co. v. Board of Property Assessment
209 A.2d 397 (Supreme Court of Pennsylvania, 1965)
Gehris v. Com., Dept. of Transp.
369 A.2d 1271 (Supreme Court of Pennsylvania, 1977)
Westinghouse Electric Corp. v. Board of Property Assessment
652 A.2d 1306 (Supreme Court of Pennsylvania, 1995)
Buhl Foundation v. Board of Property Assessment, Appeals & Review
180 A.2d 900 (Supreme Court of Pennsylvania, 1962)
Willow Valley Manor, Inc. v. Lancaster County Board of Assessment Appeals
810 A.2d 720 (Commonwealth Court of Pennsylvania, 2002)
Murtagh v. County of Berks
715 A.2d 548 (Commonwealth Court of Pennsylvania, 1998)
Green v. Schuylkill County Board of Assessment Appeals
772 A.2d 419 (Supreme Court of Pennsylvania, 2001)
West Mifflin Area School District v. Board of Property Assessment
802 A.2d 687 (Commonwealth Court of Pennsylvania, 2002)

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Bluebook (online)
28 Pa. D. & C.5th 216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-appeal-of-brown-pactcomplcheste-2013.