HomeMy WebLinkAbout00-06506
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Johnson, Duffie, Stewart & Weidner
By: David J. Lanza
LD. No. 55782
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Claimant
CUMBERLAND VALLEY SCHOOL DISTRICT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MLD TERM 2000
NO. (J-O. Go ro<.. lV1 LJfJ I" u-
v.
CARLISLE SPORTS EMPORIUM, INC.,
MUNICIPAL LIEN DOCKET
Defendant
MUNICIPAL LIEN CLAiM
AND NOW, this 22"d day of September 2000, comes the Claimant, CUMBERLAND VALLEY
SCHOOL DISTRICT, by its President of the Board of School Directors and Superintendent, who files the
following claim against CARLISLE SPORTS EMPORIUM, INC., Owner, and all that certain tract of land
including improvements thereon, owned by it and described as follows:
29 South Middlesex Road
Carlisle, Pennsylvania 17013
Tax Property Map No.: 18-1357
Parcel Number: 033
Assessment District: 21
for the Admissions/Amusement Tax levied by the Cumberland Valley School District for the period June 1,
1999, through March 31, 2000, in the amount of $33,113.24 as set forth in the Notice of Assessment in
Deficiency in Payment of Admissions/Amusement Tax dated June 19, 2000, a copy of which is attached
hereto as Exhibit "A," which is incorporated herein by reference thereto. Said tax was assessed pursuant to
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resolution. A lien is claimed against the above-described premises in the amount set forth hereinabove,
with interest and costs, in accordance with the Act of May 16, 1923, P.L. 207, as amended, and other
applicable laws.
CUMBERLAND VALLEY SCHOOL DISTRICT
By: au~ a. ~~resident
Board of School Directors
ATTEST:
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By:~
\ , Superintendent
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: 137353
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CUMBERLAND VALLEY SCHOOL DISTRICT
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6746 Carlisle Pike, Mechanicsburg, PA 17055
Phone (717) 697-8261
J= 19,2000
Mr. Keith Plasterer
Carlisle Sports Emporium
29 S. Middlesex Road
Carlisle, P A. 17013
NOTICE OF ASSESSMENT OF DEFICIENCY IN PAYMENT
OF ADMISSIONS/AMUSEMENT TAX-
June 1, 1999 Through March 31, 2000
Dear Mr. Plasterer:
A recent audit of your books and records by representatives of the Cumberland Valley
School District has determined a deficiency in payment of the Admissions/Amusement
Tax levied by this District for the period June 1, 1999 through March 31, 2000 for the
operations at the Carlisle Sports Emporium Complex. Pursuant to the authority of the tax
resolution in effect for said period, your are hereby notified that a deficiency exits for said
period in the amount of $28,003.64. This amount is calculated as follows:
Gross tax due as determined by audit:
Less: Tax paid on account
Deficiency:
$28,003.64
-0-
$28,003.64
The tax resolution provides for a penalty of five (5%) percent of the amount due and
unpaid for each period of thirty (30) days said tax remains unpaid. In this case, penalty
of $5,109.60 has been determined.
Your are hereby notified that an assessment of the tax due, penalty and costs have been
made by the undersigned as follows:
Tax Deficiency
Plus: Penalty
$28,003.64
$ 5,109.60
TOTAL ASSESSMENT
$33,113.24
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Carlisle Sports Emporium
Page 2
June 19, 2000
Penalties have been calculated through March 31, 2000 additional penalties will be
payable if not paid in thirty (30) days.
The forgoing assessment shall fmally and irrevocably fix and determine the tax due
unless you shall appeal in writing to the Board of School Directors for a hearing within
thirty (30) days from the date of this notice.
For your information, I am enclosing a copy of the audit report as prepared by our local
auditors' .
Should you have any questions, please contact Edward F. Hermance, Board Secretary
at the District Administration Office, 6746 Carlisle Pike, Mechanicsburg, PA. 17055 or
telephone him at 506-3334.
Very truly yours,
Commerce Bank
Treasurer
jkl
Enclosure
cc: Jerry R. Duffie, Esq.
File
06/17/00 10:43 AM
2
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&milh ElIioll Kearn& (j;J Company, LLC
Cerlified Public Accounlant.!l !{i Consullant.!l
April 28, 2000
i\!r. Edward F, Hermance. Board Secretary
Cumberland Valley School DistrIct
6746 Carlisle Pike
Mechanicsburg, pennsylvania 17055
Dear Mr, Hennaoce:
[n accordance with your request, we have perfonned a limited analysis of the School District
Admissions Tax returns submitted by Carlisle Sports Emporium for the months ended June 30, 1999 through
March 31, 2000. Our procedures were limited to a compilation of admission fees as reported in Carlisle
Sports Emporium's cash receipts journals and other supporting documentation as compared to actual reports
filed, We obtained a basic understanding of the procedures followed in the recording of admissions and the
submission of the associated admissions ta.x, However, we did not test any of the procedures. nor did we test
any of the internal controls over these procedures. Therefore, we do not render an opinion or any other fonn
of assurance on the fairness of the admission fees and taxes compiled.
Based upon our limited analysis, the following (see enclosed schedule of admissions taxes
lor support) represents the admissions taxes and associated penalties payable to the Cumberland Valley
School District as of March 31, 2000.
Admissions taxes
Associated penalties
Total due and payable
$ 28,003.64
5.1 09,60
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The above penalties were detennined based on Section 6 of the Admissions Tax Resolution
adopted by the School Board on December 31, 1965,
If we may be of further assistance in this matter, please advise.
Sincerely,
SMITH ELLIOTT KEARNS & COMPANY, LLC
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Member of the Finn
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19 BRO(JKWOOD AVENUE, SUITE 101. CARLISLE. PENNSYLVANIA 17013. (717) 243-9104. FAX (717) 243-1177
E-mail;info@sek.com . Website: www.sek.com
Members American Institute of Certified Public Accountants. Polaris International
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. Complete items 1. 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we cali return the card to you.
. Attach this card to the back of the mailpiece.
or on the front if space permits.
1. Article Addressed to:
Mr. Keith Plasterer
Carlisle Sports Emporium
29 S. Middlesex Road
Carlisle, PA 17013
C. Signature
x'
D. Is delivery address different from item 1?
If YES, enter delivery address bellow:
o Agent
o Addressee
Dyes
D No
3. Service Type
EX Certified Mail
o Registered
o Insured Mail
o Express Mail
o Return Receipt for Merchandise
D C.O,D,
2. Article Number (Copy from service labelj
4. Restricted Delivery? (Extra Fee)
DYes
PS Form 3811 , July 1999
Domestic Return Receipt
7099 3400 0004 5007 0141
102595-o0-M.0952
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