Hugh D. Summers and Teresa E. Summers - Page 4

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          July 31, 1997.  At the settlement of the Berks and Montgomery               
          County properties, Commonwealth did not satisfy the tax liens and           
          gave Mr. Summers the proceeds from the sales in the amounts of              
          $107,399.25 and $139,592.47, respectively.  Respondent refused to           
          discharge the tax liens on the Berks and Montgomery County                  
          properties following the sale.                                              
               On February 10, 1998, respondent received a check in the               
          amount of $107,399.25 from Commonwealth, discharged the tax lien            
          on the Berks County Property, and applied the $107,399.25 to                
          petitioners’ 1983, 1984, 1987, and 1990 tax liabilities.1                   
               On April 30, 1998, Commonwealth filed a declaratory judgment           
          complaint in the Court of Common Pleas for Montgomery County,               
          Pennsylvania, against respondent and Mr. Summers seeking judgment           
          that respondent’s NFTL did not attach to the Berks and Montgomery           
          County properties, formerly owned by Mr. Summers, because                   
          petitioners’ surname was misspelled.  The case was removed to the           
          U.S. District Court for the Eastern District of Pennsylvania and            
          entitled Commonwealth Land Title Ins. Co. v. United States and              
          Hugh D. Summers, No. 98-CV-2817 (E.D. Pa.).                                 



               1Respondent applied the $107,399.25 as follows:                        
                    Tax year                      Amount applied                      
                    1983                          $33,366.78                          
                    1984                          $19,873.48                          
                    1987                          $31,192.19                          
                    1990                          $22,966.80                          




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