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HomeMy WebLinkAbout95-00882 ~ '1ij j , I ~ ~ . '.,' . -7 & p . . c3 j ~ J I .,'". I .. 10 I 0-/ I 6J Z g:; . ~.. ~ ~;. UI,...-;J..I ~;.r.c-",'~ "-,o,,ej IL.-J.;."';:I'" }, ') ::..~ ~ ~o\-,LU-r. r-- l. _ :];. (~') l~~ _ t-..:J...... ...'" 00 :C ~~ f5 ..... ~ t 1 I ~~i~ ~ '\) '1iJO..,. _ "" e ~ 1-0 C:, ~ :r- ~ ~ )' l~ ~ cA-~1 'oIl :{ "N' ~ ~ . ,.... .~ .~ ~"( f1 Ji - clo N'" rl. \b ~ ~ rn -< ~ i~ ~! ~!!. ~! I ~i .1!!~ n li~ H .!jd if ~:l!>< ~~ ! ~ <if S ~8~ ~s~lfi i ~~~ ~~ J~~~ i -. ..... ." f-< :z: ~ :l! Eo- p:: ~ 0 o f-< l1< -< l1< p:: -< ~ p:: ~ o p ~ a :z: ~ o rn (:: ~ (:: 0 ~ l1< ~m"J ~ ~~o~ i=~ffi::N III ~i5~E' ~ z~~~ u.~~~1 . . - " 1,,-- .1 - , . i CUMBERLAND COUNTY TA X CLAIM BUREAU, PetItIoner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. SHUMAN.CARLlSLE MALL ASSOCIATES (A NEW JERSEY LIMITED PARTNERSHIP), a/kla SHUMAN.CARLlSLE MALL ASSOCIATES, A LIMITED PARTNERSHIp, aJk/a SHUMAN.CARLlSLE MALL ASSOCIATES NO. 1995. PETITION FOR SEQUESTRATOR and SUNLlFE INSURANCE COMPANY OF AMERICA, Respondents PETITION FOR APPOINTMENT OF SEOUESTRATOR AND NOW. comes the Cumberland County, Pennsylvania, Tax Claim Bureau by Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor. and files this Petition for Appointment of Sequestrator, of which the following is a statement: I. Your Petitioner is the Cumberland County, Pennsylvania. Tax. Claim Bureau located at One Courthouse Square, Carlisle, Pennsylvania 17013-3389 ("Bureau"). a tax claim bureau created by the Real Estate Tax Sale Law (72 P.S. 5860.101. et sic.) 2. The Respondent is the Shuman-Carlisle Mall Associates (a New Jersey Limited Partnership), aJk/a Shuman.Carlisle Mall Associates, a Limited Partnership, aJk/a Shuman-Carlisle Mall Associates. whose address as disclosed by the public assessment records is 130 Main Street, Flemington. New Jersey 08822 ("Shuman.Carlisle Mall Associates"), the owner of the hereinafter described property known as the Carlisle M J Mall. situate in the Borough of Carlisle, Cumberland County. Pennsylvania. 3. The Respondent SunLife Insurance Company of America of I SunAmericaCenter. 38th Floor. Century City. Los Angeles. California 90067 ("SunLife") is a mortgagee of Shuman- Carlisle Mall Associates. is currently maintaining a mortgage foreclosure action against Shuman- petlllon for Appointment of Sequestretor pege 1 of 5 Carlisle Mall Associates filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to Number 139 Civil 1993, and is believed, and therefore averred, to be a creditor in possession, and therefore the possessor. of the hereinafter described property known as the Carlisle MJ Mall situate in the Borough of Carlisle. Cumberland County. Pennsylvania. 4. The property which is the subject of these proceedings is known as the Carlisle MJ Mall, situate in the Borough of Carlisle. Cumberland County. Pennsylvania. and is more completely described by description attached hereto as Exhibit" A" and incorporated herein by reference thereto as if fully set forth herein. The said property described in Exhibit "A" consists of two parcels of real estate which are identified as two separate assessment parcels by the Cumberland County Assessment Office, to wit: 04-22-0483-153 and 04-22-0483-153A, and is referred to herein as the "MJ Mall." 5. Shuman-Carlisle Mall Associates filed Chapter 1 I bankruptcy in the United States Bankruptcy Court for the district of New Jersey to Number 123-93-30286 (WHG). Thereafter, by a Consent Order filed June 6, 1994 a Settlement Agreement between Shuman-Carlisle Mall Associates and SunLife was approved by the Court and the Automatic Stay in Bankruptcy was terminated as it pertains to SunLife and its foreclosure action. Thereafteron February 9, 1995 an Order was entered in the said Bankruptcy Court dismissing the case. 6. Shuman-Carlis]e Mall Associates has failed to pay real estate taxes on the MJ Mall from 1992-93 school real estate taxes through 1994-95 school real estate taxes. 1992-93 school real estate taxes through 1994 county. borough and library real estate taxes have been retumed delinquent to the Bureau. The total taxes, with penalty and interest. due the Bureau as of February of 1993 is $435.830.42. as shown in Statement of Taxes dated February 16, 1995, a copy of which is attached hereto as Exhibit "B" and is incorporated herein by reference thereto as if fully set forth herein. 7. Section 401 of the Real Estate Tax Sale Law (72 P.S. ~5860.401) provides as follows: After the expiration of twenty (20) days from the time the claim becomes absolute, except in cases where the property is essential to the business of a quasi-public corporation, the court shall. on the petition of the bureau, appoint it as sequestrator of the rents, issues and profits of the property bound by the claim. Petition for Appointment of Sequestretor Pege 2 of 5 Bruce Levitt, Esquire Mudge, Rose, Guthrie, Alexander & Ferdon Morris Corporate Center Two One Upper Pond Road - Bldg. D Parsippnny, NJ 07054-1075 Attomey for Shuman-Carlisle Mall Associates 8. Section 402 of the Real Estate Tax Sale Law (72 P.S. A5860.402) provides us follows: "The bureau may present any such petition on its own motion, and shall do so at the request, in writing, of any taxing districts." 9. The applicable school taxing district for the MJ Mall is the Carlisle Area School District. The Bureau has received a written request from the Carlisle Area School District that the Bureau petition the Court to appoint itself a sequestrator of the rents, issues and profits of the MJ Mall. 10. The Bureau, therefore, files this Petition to request that it be appointed sequestrator of the rents, issues and profits of the MJ Mall. II. Section403 of the Real Estate Tax Sale Law (72 P.S. A5860.403) provides, inleralia: ''The petition and rule shall be served on the owner or party in possession in such manner and within such time as the court may direct." Pa. R.C.P. 404 (2) provides for service of original process outside the Commonwealth by mail as provided in Pa R.C.P. 403 which provides for any form of mail requiring a retum receipt. 12. Through said former bankruptcy proceedings the Bureau is aware of legal counsel for Shuman-Carlis]e Mall Associates and SunLife us follows: Anthony Princi, Esquire Anderson, Kill, Olick & Oshinsky 1251 Avenue of the Americas New York, NY 10020 Atlomey for SunLife Insurance Company of America Richard G. Tuttle, Esquire Anderson, Kill, Olick & Oshinsky 1600 Market Street, 14th Floor Philadelphia, PA 19103 Atlomey for SunLife Insurance Company of America Petition for Appointment of Sequestrator Page 3 of 5 13. Petitioner requests that the Court order service of this Petition upon Shuman-Carlisle Mall Associates at their address provided in paragraph two of this Petition and upon their attorneys in the bankruptcy proceedings as set forth at paragraph twelve of this Petition, and upon SunLife at their address as set forth at paragraph three of this Petition and upon both of their attorneys at the two addresses set forth at paragraph twelve of this Petition, all by two-day United States Postal Mail, Return Receipt Requested, within five days of the Court's Rule. WHEREFORE. the Cumberland County Tax Claim Bureau prays Your Honorable Court for a Rule to Show Cause why it should not be appointed sequestrator of the rents, issues and profits of the M J Mall and that service of the Rule be made upon the owner and possessor of the property as set forth in paragraph thirteen of this Petition. Dated: ;:?t!/J,<4'r /~ ~e;"?J Respectfully submitted, 6-y-:JJ - ? 4 S ph . Tiley, Esquire Assistant Cumberland County Solicitor Allomey for Tax Claim Bureau 5 South Hanover Street Carlisle. PA 17013 (717) 243-5838 Supreme Court l.D. No.: 32318 Pellllon lor Appointment 01 Sequestrator Page 4 01 5 aDl.llI a uaaL D..eUMIO. a. ....P. ..nR ..emtyn ALL TlfAT CERTAIN tract ot land dtllat. ln tho BolrOllqb ot C.rll.1e, Cllabarland County, Pannaylyanle, bounded and de.crlbed a. tollov., to vltl BIlGINNINO at a polnt at tho !nteneetlon ot tho South aide ot Nobl. Bolllaval'd and tho Ife.t .1d. ot SOllth Hanov.r Street, thence br tho Ifut dde ot South Hanover stre.t, South 10 dAlJl'e.. 40 · nllt.. Ife.t . dbtanc. ot 33'.34 te.t to a polnt at JIUIp "I"' tbanca by tho dvbt ot way Una ot Raap "X" Nortb 71 .s.v. n ao .1nllte. Ife.t a dbtanc. ot 16.00 tHt to a polnt, th_ by ...., and a ClIne to th. dqbt haYl"" a r.dll1. ot 120.00 t..t an arc latl9tb ot 162." teet to a polnt, thence by _, South II dAlJl'.e. ao .1nllt.. Ife.t a dl.tanca ot 184.47 te.t to a point, thenc. by.... and . CIII'V. to tho b~t baYl"" a radlua ot 304.50 t.et an .rc 1.1l9tb ot 171.13 te.t to a point, th_ by ...., SOllth 58 d09r... 01 .1nllte. If..t a di.tanc. ot 811.55 t.et to a polnt, thence by...., and a CIII'V. to the riqht haYl"" e ndill. ot 460 t.et .n arc lell9tb ot aU.67 t.et to a point, th_ by -, SOllth 01 dAlJl'e.. 28 .1nllte. Ife.t e dbtenc. ot 16 teat to a point; on tho dqbt ot wey Un. ot 1-11, th.nce by...., Nol1:ll II dAlJl'''. 3a .inllt.. Ife.t a dl.tanca ot 58a.37 teet to a poiat at land now 01' toraarly ot 11vooc1 JanD, thence by ...., 11011:1I 01 d-V- 28 .inll~ ...t a db~ ot 353.11 te.t to a poiat, thanca by .a_, 11011:1I aa davr- 42 .inllte. ...t a di."- ot 4".0' tHt to a point, thence by _, North 10 davr-- 53 .inllte. ...t . di.tanca ot UI.54 tHt to a point on tba IIOIIth .1d. ot 1I0bl. Bolllayard, thence by ...., SOllth 7. dev- 07 .inllte. ...t a di.tanca ot 170.0a teet to a point, ~ by ...., SOllth 7. davraa. 11 .inllt.. ...t a dbtanc. ot 1,444.33 t..t to the place ot b09iMinq. COIlTADl1:1I0 33. IS Acn. AlBO ALL THAT CD2'AIII tract ot land dtllat. ln tho BoI'OU9la ot earU.l., Cllabarland County, Pannaylvania, bollllded and ~1bad aa tolleva, to wltl BlGDQlDlO at a point at th. intenaotion ot tho ...t .ide ot Rldq. Street and tha South .id. ot Ifobl. BoII1.yard, "b__ by the SOllth .ide ot Nobl. Bouleyard, South 71 davne. 07 .inutaa....t a diatanca ot 160.0 tNt to a point at landa now or tomarly ot JanIla, Inc., th_ by _, South 10 daqrae. 53 II1nlltaa !Mat a diatanca ot 421.54 te.t to a point, thence by ...., South. U davna. U .inutaa ...t a di.tanca ot 4".0' tHt to a poiat, thence by -, South 01 davne 28 wllte. Ife.t a db~ot 353.11 t..t to a point on the riqbt ot vay lin. ot 1-11, "~.nca by...., 11011:1I II daqrae. 32 .inllte. "e.t a dbtanc. ot 110 te.t to a polnt on tho lut aid. ot Ridqe Stre.t, thence by ._, Nortb 01 d09re. al .inllte. ...t a di.tance ot a8'.34 teat to a point, thence by ._, and a CIII'V. to the riqht haYi"" a ndill. ot 807.a7 teet an arc lell9tb ot aa5.05 teet to a point, tbance by ...., Nol1:ll aa daqraa. U .inllte. Za.t a dbtanc. ot 27.... teet to a polnt, thence by ...., and a ClIne to tho l.tt bavi"" a radill. ot .80 teet an arc lenqth ot 177.37 te.t to a point, th.nc. by...., North 10 d09re.. 53 .1nllte. Ea.t a dl.tanca ot 3a2.9. f.et to a polnt on the SOllth .1de of Noble Bollleyal'd, the place of ~eglnninq. CO::t;"!f;~t;G 4.63 Acres EXIIIBLT A, Page 1 of 1 "'ZOOIP.VPO 31 ~JO' ai' 'Ire n.1f1 'U'UM EARL R. KELLER CIlMIIWI NANCY A. BESCH m_ ITEPIWl D. 1ILEY _AIfI_ WUWl E. DEHNS CHUCURIlA:CIUIflY_TllA HORACE A..IOHNSOH lIOUCIlCR IWlCIA I.IIYEAS lIraIETAII'I TAX CLAIM BUREAU OF CUMBERLAND COUNTY One Courthouse Square. Carlisle. PA 17013-a38g (717)240~ February 16, 1995 STATEMENT OF TAXES OWNER: SHUMAN-CARLISLE MALL ASSOCIATES PION 04-22-0483-153 NOBLE BOULEVARD This is to certify that according to our records the status of delinquent Real Estate taxes against the above-referenced owner on said PID number is as follows: .1992 TAXES OPEN TAX AMOUNT INTEREST TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 126,720.46 20,908.88 147,629.34 15.00 147,644.34 22,231.66 1,667.37 23.899.03 1,667.38 125.05 1,792.43 40,016.99 3,001. 27 43.018.26 136,947.03 10,271. 03 147,218.06 15.00 215.942.78 County Library Municipal School Costs Total 1993 TAXES County Library Municipal School Costs Total 1994 TAXES County Library Municipal School Costs Total 25,566.41 1,667.38 40 ,016 . 99 0.00 0.00 0.00 25,566.41 1,667.38 40,016.99 15.00 67,265.78 PARCEL TOTAL $430.852.90 EXffiOIT "0" PAGE 1 or 2 EARL R. KELLER - WLUAII E.1lEHNS CHII CWIIoCllUIfIY ~1llII llAHCY A. BESCH VICl_ HORACE A..lOHHSOH IOlJa1llII ITEPHEH D. 11l.EY _AIIIICUCflIllI IWICtA L MYERS I&CIIETARY TAX CLAIM BUREAU OF CUMBERLAND COUNTY One Cour1hoUIG SqUIIU. Carlisle, PA 17013-338; (7171240~ STATEMENT OF TAXES February 16, 1995 OWNER: SHUMAN-CARLISLE MALL ASSOCIATES PID# 04-22-0483-153A RIDGE STREET This is to certify that according to our records the status of delinquent Real Estate taxes against the above-referenced owner on said PID number is as follows: ,1992 TAXES OPEN TAX AMOUNT INTEREST TOTAL County 0.00 0.00 0.00 Library 0.00 0.00 0.00 Municipal 0.00 0.00 0.00 School 1,450.88 239.40 1,690.28 Costs 15.00 Total 1,705.28 1993 TAXES County 254.54 19.09 273.63 Library 19.10 1.43 20.53 Municipal 458. 17 34.36 492.53 School 1,567.96 117.60 1,685.56 Costs 15.00 Total 2,487.25 1994 TAXES County 292.72 0.00 292.72 Library 19.10 0.00 19.10 Municipal 458. 17 0.00 458. 17 School Costs 15.00 Total 784.99 PARCEL TOTAL $4,977.52 CUMBERLAND COUNTY TAX I CLAIM BUREAU, I Petitioner I I v. I I SHUMAN-CARLISLE HALL I ASSOCIATES (A NEW JERSEY I LIMITED PARTNERSHIP), a/k/a I SHUMAN-CARLISLE HALL ASSOCIATES, A LIMITED . . PARTNERSHIP, a/k/a I SHUMAN-CARLISLE HALL ASSOCIATES, I . . and . . . . SUNLIFE INSURANCE COMPANY . . OF AMERICA, . . Respondents I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW l , '. !' , I I I NO. 95-0882 CIVIL TERM i I I I I I , i I I , I I I I , , I I I I AND NOW, ORDER OF COURT this Z'iJ t' day of February, 'J 1995, upon consideration of the attached letters from Stephen D. Tiley, Esq., and John N. Ellison, Esq., the Rule issued on February 17, 1995, is AMENDED to provide that it shall be returnable on or before March 25, 1995. If no answer is filed, the Court will consider a motion to make the rule absolute. If an answer is filed, counsel should determine what procedure each wishes employed, bearing in mind the possible application of Pat R.C.P. 209. In any event, the Court's schedule at this time does not allow for argument as early as March 24, 1995, or March 27, 1995. BY THE COURT, /'1 '""\.. .. = h ,.. - ." ~'.I;. ,~ ~~, ,~':~' tb ..., "" .:t;:.,. = - ~ - ....-;;. - FREY & TILEY ATTORNEYS-AT-LAW 5 SOU11i HANOVER STREET CAAUSLE. PENNSYLVANIA 110'3 ROBERT M. FREY OF COUNSEL STEPHEN D, TILEY ROBERT Q, FREY TELEPHONE (717) 243-5838 FACSIMILE (717) 243-6441 I i i I i I I February 27, 1995 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Re: Cumberland County Tax Claim Bureau v. Shuman-Carlisle Mall Associates No. 1995-882 Civil Term Dear Judge Oler: Pursuant to your request I discussed the rule retumable date with the attorney for SunLife, which I expect will be the sole active respondent to the Petition. During our conversation we agreed to 30 days and thereafter I received Attorney Ellison's letter of February 24, 1995, a copy of which is enclosed. We respectfully request, therefore, that the rule be made returnable on March 25, 1995. ~ , ! [ r t i l I suspect that the parties will be able to stipulate to the facts and that, therefore, there will not be a need for an evidentiary hearing. Would it be your desire for the March 25, 1995 date to be simply the date on which a reply Is due and thereafter argument scheduled, or would you prefer to have the parties present and available on that date for argument? Since March 25th is a Saturday, I will hold both Friday, March 24, 1995 and Monday, March 27,1995 available for such argument. In the meantime, we hope that the matter will be resolved by payment of the taxes. Sincerely yours, ~\ -;J,.L ~r-'" A- r-":J Stephen D. Tiley SDT/lIb/Enc. cc: John N. Ellison, Esquire (by fax and mall) Edward L. Schorpp, Esquire (:r:n a:;%.? . ~ .~:t <!',Js . f'" D2-24-95 02.:46PM FROM A. K, 0, ~O, PHILA, TO 17112436441 POO2l002 ANDERSON KILl. Ol.ICK 'be OSHINSKY, p, C. AIIUNNU. AND COUNDILLORa...,. C.AW JOHN N. ELLISON OIRECT LINE .1..' ....."0 I"OUATE:E:NTH FLOOR 11100 MARKET STRE:ET PHILADELPHIA. PA 18103 11111 '.""4101 '..Xl till' '..-<4171 HEW."'" NEW VO_" WASWINQrON, D.C. "ALO A&.TO NEW ""V~N ~HOCN III February 24, 1995 VIa. Jla.CSIIIIILII stephen Tiley, Esquire Frey & TUey 5 South Hanover street CarlIsle, PA 17013 Re; shuman-aerliale Xall I'oreoloeure "a~ioD Dear Mr, Tiley: Tbis letter will oonfirm that we have agreed to a return date of Maroh 25, 1995 for the Petition for Sequestration whioh you have filed with the Court. On a relatad mattar, we will forward to you early next week information reqarding the Mallis operating report for the last year, along with a proposal a. to an in.tallment payment of taxe. ~y sunLite Insuranoe company. If you have any question. regarding the foreqoing information, please call Richard Tuttle or me. very ~ur., ORN N. ELLISON JNIlkar c&; IN THB COURT OF COMMON PLBA OF CUMBBRLAND COUNTY, PBNNSYLVANIA NO. 1995-882 CIVIL TBRM PBTlTlON FOR SBQUBSTRATOR 0InberIIIlcI Canty 'IBx Calm 1lrEmJ, Petitla1er MOTION TO CONTINUB GBNBRALLY VB. ~ Man ABx:Iates (A New JEney Umltl'd PartJ.".441>, Blk/a ~ Man ABx:Iates, A Umlted PartJICI.4~, Blk/a ~ Man ABx:Iates and anura lrBm10e Conplny or Amerial, Repo.d.dli FREY & TILEY AlTORNEYS-AT-lAW 5 SOUTH HANOVER STREET CARUSlE, PA 17013 ~NE(717)24~5838 7t;=t<:... ~. 3/~11qS". ..d.~ ~ CUMBERLAND COUNTY TAX CLAIM BUREAU, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. SHUMAN.CARLISLE MALL ASSOCIATES (A NEW JERSEY LIMITED PARTNERSHIP), a/kla SHUMAN.CARLISLE MALL ASSOCIATES, A LIMITED PARTNERSHIp, aIkIa SHUMAN.CARLISLE MALL ASSOCIATES NO. 1995.882 CIVIL TERM and . . : PETITION FOR SEQUESTRATOR . . SUNLIFE INSURANCE COMPANY OF AMERICA, . . Respondents ORDER t\.il~ loo,", d'1 i rl1v",l, I ('i9S, AND NOW, upon Motion of the Petitioner, Cumberland County Tax Claim Bureau, the ,.." Rule issued February 17, I 995 as amended by Order dated February 28, 1995 is further amended to cancel the rule returnable date of Murch 25, 1995. This matter is continued generally. Respectfully submitted, Dated: .,\~ 'L t'r~,v-'. j;.,S"ifCld UI\;','I~ o~n,;:l'i"n:J }..~\'~~H(HHI)h: lHl jO ;~U~(' ,_:- ~;~ 56. "d 2S f: OZ H~W 4 CUMBERLAND COUNTY TAX CLAIM BUREAU, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PetItIoner V5. SHUMAN.CARLISLE MALL ASSOCIATES (A NEW JERSEY LIMITED PARTNERSHIP), a1k/a SHUMAN.CARLlSLE MALL ASSOCIATES, A LIMITED PARTNERSHIp, a/kJa SHUMAN. CARLISLE MALL ASSOCIATES NO. 1995.882 CIVIL TERM . . : PETITION FOR SEQUESTRATOR and SUNLlFE INSURANCE COMPANY OF AMERICA, Respondents MOTION TO CONTINUE GENERALLY AND NOW, comes the Cumberland County, Pennsylvania, Tax Claim Bureau by Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor, and files this Motion to Continue Generally, of which the following is a statement: I. Cumberland County filed a Petition for Sequestrator on February 17, 1995. On that day a Rule to Show Cause was filed by Your Honorable Court. Thereafter, the Court filed a Supplemental Order dated February 28, 1995 amending the prior Order to provide that it shall be returnable on or before March 25. 1995. 2. On March 8, 1995 the property which is the subject of these proceedings was sold at foreclosure sale to the Respondent SunLife Insumnce Company of America for an amount which the County believes will be sufficient to pay all taxes due and owing. It will take until approximately the end of April for the Cumberland County Sheriff's Office to complete its title search. prepare a Schedule of Distribution, wait the ten day period for exceptions to be filed, and then make distribution, assuming no exceptions are filed. 3. Stephen D. Tiley, Solicitor for the Cumberland County Tax Claim Bureau has, since filing the Petition for the Appointment of the Sequestrator. come to realize that a Rule to Show i I I I I , r I f Motion to Continue Generelly Pege 1 01 2 - Cause was unnecessary as the applicable statute provides for the automutic appointment of a sequestrator with a Rule only being required if any tenants refused to pay rent to the sequestrator. 4. The Cumberland County Tax Claim Bureau desires to delay the appointment of itself as sequestrator until it is determined whether or not any exceptions will be filed to the proposed Schedule of Distribution in the Sheriff's Sale of the property, and whether or not the proposed Schedule of Distribution will result in the prompt payment of aU tuxes due. 5. The Respondent SunLife Insurance Company of America does not object to this Motion. See copy of letter dated March 16, 1995, attached hereto as Exhibit "A". WHEREFORE, your Petitioner prays Your Honorable Court for an Order continuing generally the rule returnable date in the above captioned matter. RespectfuUy submitted, Dated: .,g//~- ~ .J)-7:h.. Step n D. Tiley. Esquire Assistant Cumberland County Solicitor Attomey for Tux Claim Bureau 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court J.D. No.: 32318 Motion to Continue GenerellV Pege 2 of 2 03-16-9504:29PM FROM A. K. O. ~O. PHILA. ! TO 17172436441 P0021'002 ' . ANCERSON KILL OLICK ~ OSHINSKY, P.C. ATTO'.....T. AND iCOU".Il~~""b AT LAW JOHN N. ULIION DI~CCT LINe 111.' .e...."o I'OUFlTUNTH FLOOR 11500 M"'RletT STREET PHILADEL..HI.... P'" 19103 I1III ......10' 'AX: "'" .......73 NeWAltK NIW vo.ue W"aHINQTON,o.e. I'''&'O .ALTO NEW "AY"" March 16, 1995 ~HOENf)( VIA I!'ACSIMILB Stephen Tiley, Esquire Frey &. Tiley 5 South Hanover Street Carlisle, PA 17013 Re: Sh"M.""~a~li.l. Mall Yarealo8ur. A~tiaD Dt=llr M.c. Tiley: Pursuant to our telephone conversation, this letter will confirm that sun~ife Insurance Company of America has no objection to continuing the petition for Sequestrator Generally. While SunLife doeB object to certain statements contained in the CUmberland county Tax Claim Bureau's Motion to Continue Generally, which objection is in no way intended to be waived by this letter, SunLife Agrooo with tho relief .ought by the Motion to Continue Generally. If you have any questions, please call me. Very truly yours, if' .j,.... ...' /., ',I,' # '," HN'N. E~~ISON JNE:kar \ EXHI81T "A"