HomeMy WebLinkAbout96-00437
\
~
~
.'4 I
~ I
~
~
J
/
I
I
f
I
I
\~ '
J :
~)
~.
-.)'
0-
.,j
r-.
MONROE TOWNSHIP,
Claimant
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
I 96-437 CIVIL TERM
WILLIAMS GROVE, INC.,
Owner
.
.
PRAECIPB POR BNTRY OP DIPAULT JUDOHINT
TO THE PROTHONOTARY:
LAWRENCE E. WELKER
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
Kindly enter a default judgment in favor of Monroe TownShip,
plaintiff, and against Williams Grove, Inc. Owner, for failure of
Williams Grove, Inc., to file an Affidavit of Defense to the
praecipe for Writ of Scire Facias Sur Municipal claim in the amount
of $6,783.68, with interest, fees, penalties and costs from June
3, 1993, as authorized by law.
A copy of the Notice of Intent to take a Default Judgment is
attached hereto as Exhibit "A" and a certificate of mailing the
Notice of Intent to take a Default Judgement is attached hereto as
Exhibit "B".
DATE: MARCH 8, 1996
By:
J ES D. B , ESQUIRE
Attorney fo Plaintiff
One West Main Street
Shiremanstown, PA 17011
717 737-8761
MONROE TOWNSHIP,
Claimant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
96-437 CIVIL TERM
vs.
WILLIAMS GROVE, INC.,
Owner
TOI Williams Grove Inc., and
John B. Fowler, III, Esquire
Fowler, Addams, Shughart & Rundle
28 South Pitt Street
Carlisle, PA 17013
DATE OF NOTICE: February23, 1996
IMPORTANT HOTICB
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARINt; AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT
RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUmberland County Court Administrator
CUmberland county Courthouse
1 Courthouse Square
Carlisle, PA 17013
717-240-6200
717-697-0371
/
By'
J S D. ESQUIRE
Attorney Plaintiff
One West Main Street
Shiremanstown, PA 17011
717 737-8761
EXHIBIT II I,
..
, ..
gBRTIPICATB OP SBRVICB
I, James D. Bogar, Esquire, hereby certify that I am this day
serving the foregoing Notice as required by Pa. R.C.P. 237.1 upon the
following named individual this day by depositing same in the United
states Mail, First Class, postage prepaid, at Shiremanstown, Pennsyl-
vania, addressed as follows:
Williams Grove, Inc.
One Park Avenue
Mechanicsburg, PA 17055
John B. Fowler, III, Esquire
Fowler, Addams, Shughart & Rundle
28 South pitt Street
CarliSle, PA 17013
Attorneys for williams Grove, Inc.
Date: February 23, 1996
r, Esquire
./
, .
.
CBRTIPICATB OP NAILING
I, James D. Bogar, Esquire, hereby certify that a copy of the Notice
of Intent to take a Default Judgment was served upon Williams Grove,
Inc., and its counsel, John B. Faller, III, on February 23, 1996, by
United states Mail, First Class, postage prepaid, at shiremanstown,
Pennsylvania. I further certify that counsel for Williams Grove Inc.
received the Notice of Intent to take a Default Judgment and that
williams Grove Inc. is not opposed to the entry of a default judgment as
indicated by the attached correspondence dated February 27, 1996.
DATE 1 MARCH 8, 1996
PA 17011
EXHIBIT "(j l,
'.
FOWLER, ADDAMS, SIlUGHART " RUNDLE
ATTORNeYS A.T LAW
P,O. BOX 208
28 SOUTH PITT STREET
CARLISLE. PENNSYLVANIA 17013.020S
-
JOHN I. paWLIK. III
WILLI"M A. ADD A...
M'CHAEL ft. JlUHDLI
,'ICIA" COUMII"
DALI Po IHUGH""T. JR.
TELEPHONE 17171 241'.~OO
FAX 17171 241..1&4
'OW"'''. ADDA'" . IHUGHART
.1"1."'11
OP caUMIIL
HONORAILI DALI P, IHUGHART
February 27, 1996
James D. Bogar, Esq.
One West Main street
Shiremanstown, PA 17011
RE: Monroe Township v. williams Grove, Inc.
Writs of Scire Facias
96-430 Civil Term, 96-437 civil Term
and 96-438 civil Term
Dear Jim:
Thank you for your letter. of February 23, 1996. As requested,
I filed the three Praecipes for entry of appearance and return
time-stamped copies of each Praecipe.
since the above Writs were simply filed to obtain default
judgments on municipal tax claims previously filed in Cumberland
county against my client, which claims it did not contest, my
client neither intends to contest the final default judgments
nor opposes the entry of the same.
Thank you for providing me with copies of the documents
pertaining to these matters and for your courtesies to me
and my client.
Very truly yours,
FOWLER, ADDAMS, SHUGHART & RUNDLE
Jo n B. t1itffS-
JBF, III/mp
cc: Williams Grove, Inc.
'" ~
..' _~.. ~ 0
. . . .
CBRTIPICATB OP SBRVICB
I, James D. Bogar, Esquire, hereby certify that I am this day
serving the foregoing Praecipe for Entry of Default Judgment as required
by the rules of court upon the following named individual this day by
depositing same in the United states Mail, First Class, postage prepaid,
at Shiremanstown, Pennsylvania, addressed as follows:
John B. FOWler, III, Esquire
Fowler, Addams, Shughart & Rundle
28 South pitt street
Carlisle, PA 17013
Attorneys for Williams Grove, Inc.
Date: MARCH 13, 1996
o
"-
Uo
~
'- '0
l'f\
~ 1 ~
J
....
~ f
~
~
..... <=> i.
f,: ,.} -1
~=
(' (') - >.:; '0
01. , .
C'l~ -':": <:l
~;: &.: " ;~.i ~
' . ....., ,'1 ~
,
::J' ,. 'j
-~
liY c: j:J
r:..: a,.. "-
II. I.,':'
U L-' ,-
.. . . .
\
..
MONROE TOWNSHIP,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Claimant
vs.
WILLIAMS GROVE, INC.,
Owner
NO. 32090 M.L.D. 1993
9,-- ~J7 e~~il ~~
PRAECIPE POR WRIT OP SCIRE FACIAS
TO: Lawrence E. Welker, Prothonotary of Cumberland County
Please issue a Writ of Scire Facias against the following
named entity in the amount of $6,783.68, with interest, penalties
and costs from June 3, 1993.
Williams Grove, Inc.
One Park Avenue
Mechanicsburg, PA 17055
DATE: January 26, 1996
./
By:/'
James D.
Solicitor
Township,
oar, Esquire
r Monroe
Claimant
8
~
~~, (\J
f-~ U)
~p "
;.,:: C'J
C.")
!-~ ~
9c' "'-
p,r'
=:fL{ \..0
II: Ii.: C'J
r:-: ~::
I' ~
d 0.0
0")
.;-
ct : ...,..';--....
d:! : ~ ~
~
G
<.'-
":..:1......
g."
,. -;..
.-~
~~ ::}
.-"~
...~~tJ
0::<
I'J.r:::
"'I'U
:.o;..u.
::5
CJ
{) '0
IJ <l
~lt)
......"
'oQ
o ()
~ 0
~o.:
III
+-
J
k
.
r::iJ
.
..:;:- .....~
...,.. ~ .....
ct"5
~J.,;
VJ
~ Q J
. 0 0
.~
",9"" v;
'bl
TOWNSHIP,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Claimant
vs.
WILLIAMS GROVE, INC.,
Owner
NO. 32090 M.L.D. 1993
9(,. -^lJ7 eiL>~ l ka."1
NOTICB
You have been sued in court. If you wish to defend against
the writ of Scire Facias set forth in the following pages, you
must take action within fifteen (15) days after this writ and
Notice are served, by filing your Affidavit of Defense to the
municipal claim set forth against you, if defense you have
thereto, in the office of the prothonotary of this court. If no
Affidavit of Defense be filed within said time, judgement may be
entered against you for the whole claim, and the property
described in the municipal claim sold to recover the amount
thereof. You are hereby warned that if you fail to file an
Affidavit of Defense, the case may proceed without you and a
judgment may be entered against you by the court without further
notice for any money claimed in the claim or for any other claim
or relief requested by this claimant. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
CUmberland County Courthouse
Courthouse Square
Carlisle, Pennsylvania 17013
(717) 240-6200
(717) 697-0371
Esquire
ire
1 West Main Street
Shiremanstown, PA 17011
(717) 737-8761
Solicitors for Monroe
TownShip, Claimant
;:;'-l -; --O;~.. .. .
1. .
MONROE TOWNSHIP, . IN THE COURT OF COMMON PLEAS OF
.
Claimant . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. .
.
. NO. 32090 M.L.D. 1993
.
WILLIAMS GROVE, INC. , .
.
Owner .
.
WRIT OP SCIRE FACIAS
MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, TO
WILLIAMS GROVE, INC., GREETING:
WHEREAS, Monroe Township, on the eighth (8th) day of July,
A.D. 1993, filed its claim in our Court of Common Pleas of
CUmberland County; at No. 32090 Municipal Lien Docket 1993 for
the sum of $6,783.68, with interest, penalties and costs from the
first day (1st) day of May, A.D. 1992 through the thirtieth
(30th) day of September, A.D. 1992, for delinquent
amusement/admission taxes, against the following property situate
in Monroe Township owned or reputed to be owned by you, described
as follows:
One Park Avenue
Mechanicsburg, PA 17055
CUmberland County Recorder of Deeds Office
Deed Book liD", Volume 20, Page 88;
Deed Book ilL", Volume 24, Page 747, and
Deed Book "G", Volume 13, Page 272
Parcel Numbers: 22-31-2158-075, 22-31-2158-012,
22-12-0350-005, 22-31-2158-051, 22-31-2158-113,
22-31-2158-101, 22-31-2158-081, 22-31-2158-069,
22-31-2158-067, 22-31-2158-024, 22-31-2158-019,
22-31-2158-115, 22-31-2158-105, 22-31-2158-046,
22-31-2158-044, 22-31-2158-041, 22-31-2158-111,
22-11-0278-031
I,"
. .
And whereas, We have been given to understand that said
claim is still due and unpaid, and remains a lien against the
said property 7
Now, you are hereby notified to file your Affidavit of
Defense to said claim, if defense you have thereto, in the Office
of the prothonotary of our said court, within fifteen (15) days
after the service of this writ upon you. If no Affidavit of
Defense be filed within said time, judgment may be entered
against you for the whole claim, and property described in the
claim may be sold to recover the amount thereof.
WITNESS, the Honorable
our said court, this -,~~A
Harold E. Sheely, President Judge of
day of ..);1I..JI....,'/ A.D. 1996.
'- a,.~ t' 9 ~t..) 'MY- /)p~
Lawrence E. Wel er, Prothono ry
Court of Common Pleas of
Cumberland County, Pennsylvania
Cos/u
f/ ~~t"() PeL I>N'i
I. 00 COtUJ'l-J
2
: Y'
..... M is
g; IrJ
"" N ('-j
~~ ..~
O...~
!,,! ::r.: ()~
1..~ u.. (... ;;.~
~fr _.~.: ,,-'
'0 ..,. i}i
.'" ~,;.
N iJ~c:
liv.: ~ " '"'
u;;i.....j
r:: ..;'; t.'.-!o..
-,
u. .n ...-':
:::l
0 en CJ
.
./
.
MONROE TOWNSHIP,
'1 ,,- 4 '3' Q,~.J..vv..-..,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 32090 M.L.D. 1993
Claimant
vs.
WILLIAMS GROVE, INC.,
Owner
and
PNC BANK, Successor to The
First Bank and Trust Company
Mortgagee :
.
.
.
.
PRABCIPB POR WRIT OP SCIRB PACrAS SUR MUNrCIPAL OLAIM
TO: Lawrence E. Welker, Prothonotary of Cumberland County
Please issue a Writ of scire Facias Sur Municipal Claim
against the following named entity in the amount of $6,783.68,
with interest, penalties and costs from June 3, 1993.
PNC Bank, Successor to The
First Bank and Trust Company
4242 Carlisle Pike
Camp Hill, PA 17011
DATE: January 26, 1996
~
oar, Esquire
or Monroe
Claimant
By:
James D.
Solicitor
Township,
~
GJ Ff {.
~
. "
~ E:; . 3
.0 a;
In ~
,- ,-
~g N =>..".. I
f.):---;
(:5 :.;J' .. I/) 4
L..~ c.. ~.
t::'::-:l
~c ~ "
c::> :.'~,~ in ~
u.,t: N ..1 :>~
eft!. ~. I 1: :;:~
.... f~ii~ 4
-2.~ :2-
.
~ lO :..'i
0'> U
~,
,
, :i:':\:<,<:\;;'::l:r'!:j1fi~\~'~
JAMlII).IOOM , ,.~,(<. : ,. .", .
ANlHIIW c.lttQl.y . . .' . "
.:!.~~il~\t~t~~
~tp;~:ii:-'",.:~ ;"':~"',~;:~;!:t'~:\;"~<;:-~r~1~.1~:.~-~"'~
"'''"1'. - - -....." '..,' -, ,'~"~".".'""c :"', f, ....: ,',' ...... ,,.,'>t,,
'. T ~'2:"l" "'..\.<-< ;:,:':~''''':i:.r,,:,~L;.~tr-:-~.'. ,-.:__~...~;~..
: IN THE COURT OF COMMON PLEAS OF
Claimant CUMBERLAND COUNTY, PENNSYLVANIA
vs.
:
WILLIAMS GROVE, INC.,
Owner
.
.
.
.
NO. 32090 M.L.D. 1993
Q<r-y3'1 c.....J:. :J.t'V>n.....
and
PNC BANK, Successor to The
First Bank and Trust Company
Mortgagee
NOTICB
You have been sued in court. If you wish to defend against
the Writ of Scire Facias set forth in the following pages, you
must take action within fifteen (15) days after this Writ and
Notice are served, by filing your Affidavit of Defense to the
municipal claim set forth against you, if defense you have
thereto, in the office of the prothonotary of this court. If no
Affidavit of Defense be filed within said time, judgement may be
entered against you for the whole claim, and the property
described in the municipal claim sold to recover the amount
thereof. You are hereby warned that if you fail to file an
Affidavit of Defense, the case may proceed without you and a
judgment may be entered against you by the court without further
notice for any money claimed in the claim or for any other claim
or relief requested by this claimant. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse
Courthouse Square
Carlisle, Pennsylvania 17013
(717) 240-6200
(717) 697-0371
Esquire
Andrew C. Sheel Esquire
1 West Main Street
Shiremanstown, PA 17011
(717) 737-8761
Solicitors for Monroe
Township, Claimant
r
I
I
I
MONROE TOWNSHIP,
Claimant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 32090 M.L.D. 1993
WILLIAMS GROVE, INC.,
Owner
.
.
and
.
.
PNC BANK, Successor to The
First Bank and Trust company
Mortgagee
.
.
.
.
.
.
WRIT OP SCIRE FACIAS SUR MUNICIPAL CLAIM
MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, TO PNC
BANK, SUCCESSOR TO THE FIRST BANK AND TRUST COMPANY, MORTGAGEE,
GREETING:
WHEREAS, Monroe Township, on the twenty-ninth (29th) day of
November, A.D. 1991, filed its claim in our Court of Common Pleas
of CUmberland County against your mortgagee, Williams Grove,
Inc., at No. 30772 Municipal Lien Docket 1991 for the sum of
$19,560.04, with interest, penalties and costs from the first day
(1st) day of May, A.D. 1988 through the thirtieth (30th) day of
September, A.D. 1991, for delinquent amusement/admission taxes,
against the fOllowing property situate in Monroe Township owned
or reputed to be owned by Williams Grove, Inc., a portion of said
property being subject to a mortgage dated December 24, 1987
between Williams Grove, Inc., Mortgagor and the First Bank and
Trust Company, now PNC Bank, Mortgagee, said mortgage being in
the principal amount of Fifty-One Thousand Sixty-Seven and 72/100
Dollars ($51,067.72), and being recorded in the Cumberland County
o
Recorder of Deeds Office in Mortgaqe Book 892, Page 290,
described as follows:
One Park Avenue
Mechanicsburg, PA 17055
cumberland County Recorder of Deeds Office
Deed Book "D", Volume 20, Page 88,
Deed Book liLli, Volume 24, Page 747, and
Deed Book "G", Volume 13, Page 272
Parcel Numbers: 22-31-2158-075, 22-31-2158-012,
22-12-0350-005, 22-31-2158-051, 22-31-2158-113,
22-31-2158-101, 22-31-2158-081, 22-31-2158-069,
22-31-2158-067, 22-31-2158-024, 22-31-2158-019,
22-31-2158-115, 22-31-2158-105, 22-31-2158-046,
22-31-2158-044, 22-31-2158-041, 22-31-2158-111,
22-11-0278-031
And whereas, We have been given to understand that said
claim is still due and unpaid, and remains a lien against the
said property,
Now, you are hereby notified to file your Affidavit of
Defense to said claim, if defense you have thereto, in the office
of the prothonotary of our said court, within fifteen (15) days
after the service of this writ upon you. If no Affidavit of
Defense be filed within said time, judgment may be entered
against you for the whole claim, and property described in the
claim may be sold to recover the amount thereof.
WITNESS, the Honorable Harold E.
our said court, this OJfc'>>"- day of
Sheely, President Judge of
r~d
A.D. 1996.
~ a.. -efw ,opt.iH;:'
Lawrenc E. Welke , P~otho tary
Court of Common Pleas of
Cumberland County, Pennsylvania
~'.
f/.4S.5C,)
/. de
HA. a1J;a=
c..,,-~
2
~ co ,-
In ~-
Q "
N ~"'1"
~6 (..):.1
~r[: it ;,)""
,.
("':,'j
u : ";-: 5i
r.. \J:)
"'- N 'J"'
lft'! '- ;.~ ::~
-.. !.ijilJ
f.: ~'.
., ~u.
t:'5 <0 ::i
(j, u
.
".
MONROE TOWNSHIP,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
96-437 CIVIL TERM
Claimant
vs.
WILLIAMS GROVE, INC.,
Owner
PRAECIPE ~OR BNTRY OF APPEARANCE
TO: LAWRENCE E. WELKER, PROTHONOTARY
Please enter the appearance of the undersigned as counsel of
record for Williams' Grove, Inc., Owner, in connection with the
above-captioned matter.
"
By
~n B. Fowler, III, Esquire
F ler, Addams, Shughart & Rundle
torney for Williams Grove, Inc.
28 South Pitt Street
Carlisle, PA 17013
(717) 249-8300
[;:
"
1:-:
UJ~:--:'
0(,
ff"r:'
9c'
01'
U:-jL:..
-Il"
II:,'
i-="
l:..
C
Ii}
en
Ir_
C
I.-~
~
:~Jr'"
~j~
;, J ~.~:'
-..;:
::.~~~
- ~ ;:'l
'.>::-.-::
(~;;a
{;~
",-
:5
u
r-
N
,...~
l' '
Li.:
'0
c"
SHERIFF'S RETURN - REGULAR
CASE NO: 1996-00437 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MONROE TOWNSHIP
VS.
WILLIAMS GROVE tNC
TIMOTHY REITZ . Sheriff or Deputy Sheriff of
CUMBERLAND County. Pennsylvania. who being duly sworn according
to law. says, the within WRIT OF SCIRE FACIAS was served
upon PNC BANK SUCCESSOR TO THE FIRST BANK AND TRUST COMPANY the
defendant, at 942:00 HOURS. on the 31st day of January
19~ at 4242 CARLISLE PIKE
CAMP HILL. PA 17011
Pennsylvania.
. CUMBERLAND
ASSISTANT
County.
MANAGER
a true and attested copy of the WRIT OF SCIRE FACIAS
together with NOTICE
by handing to ROXANNE DEIHL.
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
SurCharge
6.00
.00
.00
2.00
So ans~;t...;v .,,'
r~i{f:..WM<~ -1 ~
R~homas K11ne. Sher~f1
58.00 JAMES D. BOGAR
J,-,(..! 02/0111996 _' _ "~ 7{jr
P'f .3 .<-f by d- d~,;t/"). ;? #7
--uBi u y H:r ~JIf
Svorn and subscribed to before me
this -k.~ day of :I.e.,.....,'!
19 '11, A. D.
(}~I.L.l: h~~~-'..~y/!!f-----
~11-YrOt ono\.uI-,.
SHERIFF'S RETURN.. REGULAR
CASE NO: 1995-00437 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY Or CUMBERLAND
MONROE TOWNSHIP
VS.
WILLIAMS GROVE INC
TIMOTHY REITZ , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within WRIT OF SCIRE FACIAS was served
upon WILLIAMS GROVE INC the
defendant. at 924:00 HOURS, on the 30th day of Januarv
1995 at ONE PARK AVENUE
MECHANICSBURG, PA 17055 ,CUMBERLAND
County, Pennsylvania. by handing to SALLY LOH, SECRETARY AND
ADULT IN CHARGE
a true and attested copy of the WRIT OF SCIRE FACIAS
together with NOTICE
and at the same time directing ~ attention to thp. contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
50 answer~
-:;e"'''X7:-...,--~,",-'!:. .../~
r ,. .~ -
~omas Kllne; 5herl!1
18.00
15.58
.00
2.00
~5.58
JAMMES D. BOGAR
02/01/1995 //
7ki.Jc . ~'-
e y~er.1.
by
Sworn and subscribed to before me
this t. ~ day of 1.d....,
19 ql,. A.D.
(/IAIL...... C. M..Jit..- ....~
~2-I_ Prothonotary
I
,.-..
MONROE TOWNSHIP,
Claimant
vs.
WILLIAMS GROVE, INC.,
Owner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
96-437 CIVIL TERM
(No. 32090 M.L.D. 1993)
PRAECIPE FOR SATISFACTION OP JUDGMENT
TO THE PROTHONOTARY:
LAWRENCE E. WELKER
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
Kindly mark the judgment recorded against Williams Grove, Inc., in
the above-captioned matter, SATISFIED.
DATE: June 5, 1996
BY:~
SOLICITOR
~j
:".
"'"
6; c:>
I' iP
"I~'" ,...
.."..
'-2, - ,'--;
I~' :-:~
Jo.:. .- ':~
cr
( (1' '"'~~
c.'-
U-I" (" 1_"-
:dl' .~-_..
U..': ' ,:!(O
I' -' _.~O-
-,
\'. ,n :5
0 c' '-'
MONROE TOWNSHIP,
vs.
IN THE COURT OF COMMON PLEAS OF
Claimant CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAMS GROVE, INC.,
Owner
NO..j�., G 6' MUNICIPAL LIEN DOCKET 1993
- N3 et L, carr‘ C
2i F �G�r2� �acta.S /p.4.
MUNICIPAL TAX CLAIM
AND NOW, comes Monroe Township, of 1220 Boiling Springs Road,
Mechanicsburg, Pennsylvania, by its Solicitor, James D. Bogar, Esquire,
and files the following municipal tax claim against Williams Grove,
Inc., owner of all that certain tract of land including improvements
thereon, owned by Williams Grove, Inc., and described as follows:
1 Park Avenue
Mechanicsburg, PA
Tax Property Map: 22-31-215812
Tax Property Map: 22-12-0350-005
Cumberland County Recorder of Deeds Office,
Deed Book "L", Volume 24, Page 747, and.
Deed Book "D", Volume 20, Page 88
cap
for delinquent amusement/admissions taxes levied and assessed from May
1992 through and including September 1992. Said amusement/admissions
taxes were levied and assessed pursuant to Monroe Township Ordinance
No. 4, 1968, same being known and cited as the "Township Amusement Tax
Ordinance". Attached hereto and incorporated herein is a statement of
the amusement/admissions taxes so levied and assessed with an indica-
tion of the amount thereof, said statement being a true and correct
copy of the Notice of Assessment forwarded to Williams Grove, Inc.,
from Monroe Township, which sum of $6,783.68 was duly assessed against
Williams Grove, Inc. and its property on June 3, 1993 and for which sum
with interest, penalties and costs, a municipal lien is claimed against
the above-described property and premises in accordance with the Act of
May 16, 1923, P.L. 207, as amended, (53 P.S. Section 7102 et seq.)
DATE: July 7, 1993
MONROE TOWNSHIP
By
James D. Bogar, Esquire
Solicitor for Monroe Township
2
JAMES D. DOGAR
ANDREW C. SJIEELY
Irene Saluti
WILLIAMS GROVE, INC.
1 Park Avenue
Mechanicsburg, PA 17055
Dear Ms. Saluti:
JANES D. 1300A.R
A11010,1E1' AT LAW
1. WFST MAIN s 1
SHIP EMANS1OWN, PENNSYLVANIA 17011 1F.I.ErliONE
(717) 737-0701
TE1.EC0r1F.11
(717) 737-2060
June 3, 1993
RE: NOTICE OF ASSESSMENT pursuant to
Monroe Township Amusement Tax
Ordinance No. 4 of 1968
I am writing to you on behalf of Monroe Township and its Treasurer
relative to the Monroe Township Amusement Tax.
As you are aware, Greenawalt & Company, P.C., auditors for Monroe
Township, conducted a review of the various Monroe Township Amusement Tax
Returns and other pertinent information relative to Williams Grove, Inc.
for the 1992 operating season.
Based upon the audit, Greenawalt & Company, P.C., has determined that
the amount of $6,583.68 is due and payable by July 31, 1993. The exact
computations including tax due and penalty for these periods, all in
accordance with the Monroe Township Amusement Tax Ordinance, are enclosed
herewith, marked Exhibit "A" and made a part of this letter. The audit was
performed due to the failure of Williams Grove, Inc. to file the required
reports and other information in accordance with the Monroe Township
Amusement Tax ordinance. In addition, Monroe Township was of the belief
that the amount due and owing on account of amusement tax was not properly
stated or had been mistakenly stated and improperly remitted. Monroe
Township's belief in this regard was substantiated by the audit.
Based upon the above, it has been determined by the Monroe Township
Treasurer that an assessment be issued against Williams Grove, Inc. and the
principals of that corporation, for the total amount of $6,783.68. This
assessment consists of the above -referred to amount of $6,583.68, same
constituting the amount due for amusement tax penalties and interest all
under the Ordinance, along with the cost of the audit performed by
Greenawalt & Company, P.C., said cost being in the amount of $200.00.
Please note that said assessment, constituting amusement tax due, including
penalty and interest, and the cost of the assessment, is through July 31,
1993. Please note that the assessment will increase due to additional
interest and penalty if full and complete payment is not made by July 31,
1993. Please note that the interest that will be due and owing will be in
the amount of ten (10%) percent, all in accordance with the Municipal Lien
Law, 53 P.S. §7143. In addition, Monroe Township will seek recovery for
costs advanced on account of attorney's fees and other additional costs,
all as allowed for under the Municipal Lien Law.
This letter will constitute written notice of the assessment, as
referred to hereinabove, in the amount of $6,783.68. This assessment fixes
and determines the amusement tax due unless Williams Grove, Inc. and/or its
principals, files an appeal in writing to the Board of Supervisors of
Monroe Township within thirty (30) days of the date of this Notice. As
such you •have a right to request a hearing before the Board of Supervisors.
If you request a hearing, same will be held in accordance with the
provisions of Ordinance No. 4 of 1968. Ordinance No. 4 of 1968 also
provides for criminal penalties for ordinance violation.
I would like to note and specifically advise that the audit conduct'
by Greenawalt & Company, P.C. and this Notice of Assessment does not
include and accordingly does not cover and make an assessment for any
all amusement tax due or any other license or registration fees due to
Monroe Township on account of the activities conducted by White Race
Amusements of Hershey, Pennsylvania. According to information furnished t(
our auditors by you, White Race Amusements, during the 1992 operating
season, operated the midway type games on a fee basis. Accordingly, it is
requested that you provide to Monroe Township, within ten (10) days from
the date of this letter, a full and complete copy of the contract or other
arrangement by and between Williams Grove, Inc. and White Race Amusements
of Hershey, Pennsylvania for the 1992 operating season and to the present,
as well as a full and complete accounting of any and all receipts and the
like generated by White Race Amusements.
Monroe Township looks forward to having this matter resolved within
the mandates of Ordinance No. 4 of 1968 by receiving from Williams Grove,
Inc. the amount of $6,783.68 as soon as possible. Please be advised that
Monroe Township has no choice but to move to protect its interests in this
matter.
Very truly yours,
//
JAMES D. 13OAR, Solicitor
Monroe Township
jDB/cb
Enclosure
cc: Monroe Township Board of Supervisors
Certified Mail No. P 979 078 530
Regular Mail
Period Tax
May
June
July
August
September
Paid to date
$ 307.97
549.23
1,448.84
2,032.54
928.36
$5_,266.94
Penalty
$ 76.99
137.31
362_.21
508.14
232.09
$1,316.74
Due and payable by July 31, 1993
EXHIBIT'W
Total
$ 384.96
686.54
1,811.05
2_,540.68
1,160.45
$6,583.68
$ 0.00
$.6„.583.63
ll�,3 )O`70 pot? LID /S9�
RECEIPT FOR CER1IFIED
t;s1;•
i.L.LA..m
PARK AVENUE
Staft and 21P COrie
MECIIANICSBUG PA 1705
pw:109,
C4•11.1t,...0 ‘,3)
- - .
Ocirvf`ly
!';04;:t!I 7.htivoil9
•,--born ;op! 1):Itv•
,,,,f,0 oV.:107k1
ni:W• ol I y
5
PS Form 38
0
SENDER:
- 1 also wish to receive the
• Complete items 'I and/or 2 for additional services.
03 • Complete items 3, and & b. following services (for an extra
• Print your name and address on the reverse of this form so that we can fee):
0.) return this card to you.
• Attach this form to the front of the mailpiece. or on the back if space 1. Li Addressee's Address
does net permit.
•mite "RCII.M1Re.ceipt Requested"' on the mailpiece t)eloW the artiCinillInlher
• The Return Receipt will show to whom the article was delivered a rci the date
C: delivered.
0
-o 3. Article Addressed to:
IREN E---SALUT I
E WILLIAMS GROVE INC
1 PARK AVENUE
tr)
(4 MECHANICSBURG PA 17055
UJ
CC
cl 5. Signature .dr sse I
et
13. Signa
)- PS Form 3811, Oembeu 1991 rtU.S. GPO: 1902--323-402 DOMESTIC RETURN RECEIPT
2. U Restricted Delivery
Consult postmaster for fee.
4a. Article Number
P 979 078 530
4b. Service Type
Li Reyistered El Insured
al Certified 0 COD
Li ExpressMil 0 Return Receipt for c
a,
Merchandise
7. Date of•Delivery
171-U
0
8. Addressee's Address (Only if requested _y
and fee is paid)
co
1—
/2;4.12)
SHERIFF'S RETURN
COMMONWEALTH OF PENNSYLVANiA:
COUNTY OF CUMBERLAND
Monroe Township
NS
Williams Grove, Inc.
In Thc Court oF Common Pleas o
Cumber] and County, Pennsylvani
No. 32090 Municipal Lien
Docket 1993
Municipal Tax Claim & Letter
qo
6,-
:T„,-7cCs
/Al-biTc°
T1.11YI`z , SPOAXXX&.(Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law, says,
that he served the within Municipal Tax Claim & Letter
uponWilliams Grove, Inc. , the defendant, at 9:20
o'clock
A .M. )3€T' / EDST, on the 09 day of July , 19 93at
1 Park Avenue, Mechanicsburg , Cumberland County,
Pennsylvania, by handing to Irene Saluti, Controller of Williams Grove, Ir
a true and attested copy of the
and at the same time directing
Municipal Tax Claim and Letter
her attention to the contents thereof and
the "Notice to Plead" endorsed thereon.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So answers;
14.00
2.00
21.60 Pd. by Atty.
7-12-93 by -7-
Sworn and subscribed to before me
this
19
day of
A.D.
C
Prothonotary
R. Thomas Kline, Sheriff
Deputy Sheriff