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Home My WebLink About03-4430CUMBERLAND VALLEY SCHOOL DISTRICT, Plaintiff V. CARLISLE SPORTS EMPORIUM, INC., Defendant NO.o2 -91/36 CIVIL ACTION - LAW MUNICIPAL CLAIM MUNICIPAL CLAIM FOR AMUSEMENT AND ADMISSION TAX Cumberland Valley School District hereby files its claim (pursuant to the Act of May 16, 1923, P.L. 207, §9, as amended, 53 P.S. §7143). The name of the municipality filing the claim is: Cumberland Valley School District 6746 Carlisle Pike Mechanicsburg, Cumberland County, Pennsylvania 2. The name and address of the owner of the property against which the claim is filed is: Carlisle Sports Emporium, Inc. 29 South Middlesex Road Carlisle, Pennsylvania 17013 3. The property against which the claim is filed is: ALL THAT CERTAIN lot or piece of ground situate in the Township of Middlesex, Cumberland County, Pennsylvania, being known as 29 South Middlesex Road, having erected thereon two buildings, a track, a driving range, two miniature golf facilities, in addition to other entertainment facilities. Tax Property Map No.: 18-1357 Parcel Number: 033 Assessment District: 21 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 4. The authority under or by virtue of which the tax was levied: Amusement and admission taxes were levied by Cumberland Valley School District pursuant to 53 P.S. §6902(13) and Resolution dated June 10, 1968. 5. The amount due and owing is $15,523.36, as set forth in the notice of assessment. Respectfully submitted, UFFIE, STEWART & WEIDNER JOHNSON, Dii-'L By: David J. Lanza Attorney I.D. No. 55782 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff :216270 EXHIBIT "A" 7-21-03; 3;33PM;CUmb Valley Sch DISt ;7177958940 # 2/ 4 W`-!?P 'j,LEY SENO°`o? CUMBERLAND VALLEY SCHOOL DISTRICT .N(7 July 21, 2003 Mr. Keith Plasterer Carlisle Sports Emporium 29 S. Middlesex Road Carlisle, PA. 17013 6746 Carlisle Pike, Mechanicsburg, PA 17050-1796 Phone (717) 697-8261 NOTICE OF ASSESSMENT OF DEFICIENCY IN PAYMENT OF ADMISSIONS/AMUSEMENT TAX - November 1, 2002 through April 30, 2003 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 November 1. 2002 through April 30, 2003 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 $11,925.83. This amount is calculated as follows: Gross tax due as determined by audit: $ 11,925.83 Less: Tax paid on account 0 Deficiency: $ 11,925.83 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 $3,597.53 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 S 11,925.83 S 3.597.53 TOTAL ASSESSMENT $ 15,523.36 7-21-03; 3:33PM;Cumb Valley Scn DISt Carlisle Sports Emporium Page 2 July 21, 2003 ;7177958940 # 3/ 4 Penalties have been calculated through April 30, 2003 additional penalties will be payable if not paid in thirty (30) days. The forgoing assessment shall finally 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'. A tax lien against your property has been previously filed in February 2003 in the amount of $159,769.81 that includes tax and penalty for the period June 1, 1999 through October 31, 2002. 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 urIS Commerce Bank Treasurer Enclosure 2 cc: Jerry R. Duffle, Esq. File Please note: This letter is being served upon you by both certified mail (return receipt requested) and by regular first-class mail. Should you fail or refuse to accept the certified mail, receipt of the regular mail will be presumed in the absence of it's return by the U. S. Postal Service. 0721/03 8:22 AM 2 Mauditon\catemp-1 7-21-03; 3:33PM;Cumb Valley Sch DISC m E N_ F ? O o r W m LEm fCL w > m O N m C R = 9 ? v r ? y 7 V Z` m w3nN?O) N O 1? M M cc .DN6[M? vi O t O M N 0 f? N N Of co G D d N c0 r. N M M r O r- M Cl) (? 4 M 1 oD N M M r N O c M m N O) co o h W r ?a a w A m LO C7 M (D O .4 1 1 O C W rn co n rn n M co V m r (O pa M m ? m M M N O C Qp LO V) C4 co n m V' l'7 co CD Cl) m r r LO c d N M M M M (OD b 01 N c i L6 Cd r g 6 6 6 co tO I- O v M O N M^ m N^ rn f0 M ? M N N N M m ` m J V m C M M M M M M M M M M m > 0 0 0 0 0 0 0 0 0 0 d nnnrzni.nr: nn m 0 0 0 0 0 0 0 0 0 0 m nrnnnrnrrn?nn p 0 0 0 0 0 0 0 0 0 0 V v a c 0 0 E Q W N O M V M p CD a 0 t- co V co W O 7 A O r ?- .^ .- N N E Q N N N N N N M M M M co 0 0 0 0 0 0 0 0 sm.. 0 00000 a a8 O tp M M M M i`7 O O M M ? C) CM O a M M CD N m 0 0 0 0 0 0 O ? O N 4 G N Q M M M M M gg4gg 7 3 N 0 0 N N m CL a '¢rnoz????¢ ;7177958940 * 4/ 4 ? ? ? ? S ? ? a c o ? ?J i ?_ , - :. ..? .. , ,., -- v Johnson, Duffle, Stewart & Weidner By: Jerry R. Duffie I. D. No. 09601 Michael Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 CUMBERLAND VALLEY SCHOOL DISTRICT, Plaintiff V. CARLISLE SPORTS EMPORIUM, INC., Defendant Attorneys for Cumberland Valley School District IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-04430 PRAECIPE TO REMOVE LIEN TO THE PROTHONOTARY: n C C. --rl " T Y --r; 171 r n Please remove the lien on property known as Tax Parcel No. 21-18-1357-033, docketed in the above matter which we filed on September 9, 2003, on behalf of Cumberland Valley School District, for the sum of Fifteen Thousand Five Hundred Twenty-Three Dollars and thirty- six cents ($15,523.36). :393665 12050-45 4E.C)o PO ATT-f &113a804 e d387,p CERTIFICATE OF SERVICE AND NOW, this IA"* day of ?, 2010, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Anthony P. Tabasso, Esquire Klehr, Harrison, Harvey, Branzburg & Ellers, LLP 260 South Broad Street Philadelphia, PA 19102 JOHNSON, DUFFIE, STEWART & WEIDNER By: ?. 2ze Beth A. Fetterhoff