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Home My WebLink About0117880 B e OSHKOSH ON THE WATER Job Address 2836 STONEY BEACH ST CITY OF OSHKOSH No 117880 BUILDING PERMIT - APPLICATION AND RECORD OWner DONALD J MINNIECHESKE Create Date 01/16/2006 Designer Contractor BEAVER WRECKING Category 161 - Wrecking Residential Dwellings Plan Type 0 Buiiding 0 Sign 0 Canopy 0 Fence . Raze Zoning Class of Const: 8 Size Unfinished/Basement ----2 Sq. Ft. ----2 Sq. Ft. Rooms Height 0 Ft. 0 Projection I Canopies Finished/Living Bedrooms 0 Stories 2 Garage ----2 Sq. Ft. Baths Signs Foundation 0 Poured Concrete 0 Fioating Slab 0 Concrete Block 0 Post 0 Pier 0 Treated Wood . Other Occupancy Permit Not Required Flood Plain Height Permit Park Dedication # Dwelling Units 1 # Structures Use/Nature Raze and Remove 2 story wood frame house and 1 story detached garage. ofWork HVAC Contractor Plumbing Contractor Electric Contractor .400.00 Plan Approval $0.00 Permit Fee Paid $50.00 Park Dedication $0.00 Fees: Valuation Issued By: Date 01/16/2006 Final/D.P. 00/00/0000 0 Permit Voided I Parcelld # 1414980000 In the performance of this work I agree to perform all work pursuant to rules governing the described construction. While the City of Oshkosh has no authority to enforce easement restrictions of which it is not a party, if you perfonm the work described in this permit application within n easement, the City strongiy urges the permit applicant to contact the easement hoider(s) and to s re 'jDJ{. ne s ap als before starting such activity. Date 1..-1(,. e:>G Signature Address W 8031 HWY 33 AgenUOwner BEAVER DAM WI 53916 - 0000 Telephone Number 887-7030 To schedule inspections please call the Inspection Request line at 236-5128 noting the Address, Permit Number, Type of Inspection (i.e. Footing, Service, Final, etc.), Access into Building if Secure (how do we gain entry), your Name and Phone Number. Unless specified otherwise, we will assume the project is ready at the time the request is received. Work may continue if the inspection is not performed within two business days from the time the project is ready. Building Permit Work Card Job Address 2836STONEYBEACHST Permit Number 0117880 CreateDate 1/16/06 OWner DONALD J MINNIECHESKE Category 161 - Wrecking Residential Dwellings Type 0 Building Zoning 0 Sign 0 Canopy Class of Const: 8 Contractor BEAVER WRECKING 0 Fence . Raze I Plan Value $5.400.00 Size 0 Sq.Ft. Garage ----2 Sq. Ft. 0 Projection I Rooms ----2 Stories 2 Bedrooms ----2 Finished/Living Baths 0 Unfinished/Basement ~ Sq. Ft. Canopies 0 Signs 0 Foundation 0 Poured Concrete 0 Concrete Biock Height ----2 Ft. 0 Floating Slab 0 Post 0 Pier 0 Treated Wood . Other cupany Permit Not Required Park Dedication Flood Plain # Dwelling Units # Structures Height Permit Use/Nature Raze and Remove 2 story wood frame house and 1 story detached garage. of Work HVAC Contr Plumbing Contr 't:t ~ (I. Electric Contr Inspections: Date Type J7e~ .3 11.,1°& / f)\.$ DatefTime requested: Access: - Notice Type: Phone Number: 't, ffD Ready Daterrime: ---'---- Requested By: 0 Reinspect Fee 0 Fee Waived 0 Reinspect Fee Paid @ - - - - - - - - - - - - - -- - - - - -- - - ---- - - - -- - - - - -- - - - - -- - - - - -- -- - ------ - - -- --- - - - - - - - - - - - - -- --- - - - - - - - --- Page 1 of 1 ~ OfHKOfH ON THE WATER RAZE/REMOVE/ABA TE REQUEST Name: LSC Bible Camp/Mission of Jesus Address: 2836 Stoney Beach St W15401 Hwy M Tigerton WI, 54486 (Posse Cometatus) sp? ProblemlViolation of: 17-36A & B; Failure to maintain premises and buildings on the premises. Brief History Review: This property which belonged/s to Russell Neuman has been a problem for the neighbors for many years. A year ago we received complaints from the neighbors concerning this property. When on site doing an inspection, the neighbors asked to withdraw the complaint due to the Neuman's ages and nothing was done by way of an order. Verbal instructions were given to Russell. Recently Mrs Neuman passed away and Russell was placed in a nursing home by Oshkosh Family Inc. The owner occupied dwellings on either side are well-maintained pieces of property. See Photos. It has been reported that the interior is in a dilapidated condition as well as the exterior. We are requesting an abatement order that would require (1) the house and garage be repaired or razed and removed & (2) all junk & debris including unlicensed vehicles be removed. Attachments: Orders: X Photos: X Other: ~ Raze/Abate Requested By: Bruce Luedtke Date: February 19, 2003 .............................................................................., City Manager: Division Supervisor: Dir. Community Dev: 2 d's!.. .s.~ [)e~ Violation(s) of 17-36A & B 2836 STONEY BEACH.doc Taken by Bruce Luedtke Violation(s) of 17-36A 2836 STONEY BEACH.doc 2 Taken by Bruce Luedtke Violation(s) of 17-36B 2836 STONEY BEACH.doc Taken by Bruce Luedtke Violation(s) of 17-36B 2836 STONEY BEACH.doc 4 Taken by Bruce Luedtke Violation(s) of 17-36A & 11-44 Electrlcalserviç~,_,,~ ,. deteriQratiQ.Q,,- ..""~" 2836 STONEY BEACH.doc Taken by Bruce Luedtke Violation(s) of 17-36A & 11-44 '. ~¡ 2836 STONEY BEACH.doc 6 Taken by Bruce Luedtke Violation(s) of 17-36B Junk, debris & stored salvage materials AI< 2836 STONEY BEACH.doc 7 Taken by Bruce Luedtke FEB1S lQ"Q~ ".,." Violation(s) of 17-36A 2836 STONEY BEACH.doc 8 Taken by Bruce Luedtke Violation(s) of 17-36A & B -" "._,~ FEB 18. 2003' ^ ^' ^.- "",~'-"".~"" 2836 STONEY BEACH.doc 9 Taken by Bruce Luedtke Violation(s) of 17-36B 2836 STONEY BEACH.doc 10 Taken by Bruce Luedtke Violation(s) of 17-36B 2836 STONEY BEACH.doc 11 Taken by Bruce Luedtke '~1 Junk, debris .&slQl~!l salvage materials. ~ Violation(s) of 17-36B 2836 STONEY BEACH.doc 12 Taken by Bruce Luedtke Violation(s) of 17-36A 2836 STONEY BEACH.doc 13 Taken by Bruce Luedtke "" Violation(s) of 17-36A & B " General exterior deterioration 2836 STONEY BEACH.doc 14 Taken by Bruce Luedtke Violation(s) of 17-36A 2836 STONEY BEACH.doc 15 Taken by Bruce Luedtke FEB 18 2Q.Q~ Violation(s) of 17-36A 2836 STONEY BEACH.doc 16 Taken by Bruce Luedtke ~ OSHKGSH ON THE WATER iNSPECTION SERViCES DIViSiON DEPARTMENT OF COMMUNITY DEVELOPMENT FINAL NonCE CORRE¿TI(;~ NOTICE CITY OF OSHKOSH 215 CHURCH AVE PO Box 1130 OSHKOSH Wi 54903-1130 Address 525 CENTRAL ST Compliance No Inspected By Bruce Luedtke 236-5137 Issue Date 1/20/03 Compliance Date 3/1/03 IMMEDiATELY Sentto Address 525 CENTRAL ST City OSHKOSH State Zip Code WI 54901 -4417 --- Name ~ Owner I DANIEL J NEiSEN U Contractor I U Other I ERICA CLARK ~ Inspector I Matt Tucker U Required for Occupancy I Occupancy Single Family Notice 0 First . Final 0 Other I 02103/03 & 02119/03 Violations must be corrected and approved within 30 days unless otherwise noted. Call for reinspections prior to concealment and/or occupancy. Upon completing the corrections, the owner/contractor/agent must sign and date at the bottom of this notice and return it to the Inspection Services Division by the Compliance Date of 3/1/03 Introduction here has been no contact or confirmation of compliance concerning this order. Please contact this office with the status of he corrections. If I do not hear from you by {03/01/03} or receive a proposed schedule for compliance. -~ -0000 Wi 54901 -0000 525 CENTRAL ST OSHKOSH Item # Description Code 17036A Compliance No Compliance Date 02119/2003 IMMEDIATELY he exterior of every structure or accessory structure (garage or shed) including fences shall be maintained by the owner in good repair and all exterior surfaces thereof be kept painted or covered with exterior siding for purposes of preservation and appearance. YOUR HALF OF THE DILAPIDATED GARAGE SHALL BE RAZED AND REMOVED. ONCE REMOVED CODE COMPLIANT PARKiNG WILL BE REQUIRED PER MATT TUCKER IN ZONING. INCLUDES DWELLING EXTERIOR AND WINDOWS. Item # Description Code 30-36A (4) Compliance Yes Compliance Date 01/27/2003 he parking of vehicles on areas not designated for parking {LAWNS) is prohibited. IMMEDIATELY Page 1 of2 ~ OSHKÐSH ON THE WATER iNSPECTION SERVICES DIVISION DEPARTMENT OF COMMUNITY DEVELOPMENT Room 205 CORRECTION NOTICE CITY OF OSHKOSH 215 CHURCH AVE PO Box 1130 OSHKOSH WI 54903-1130 525 CENTRAL ST Compliance No Inspected By Bruce Luedtke 236-5137 Issue Date 1/20/03 Compliance Date 3/1/03 IMMEDIATELY Address Address 525 CENTRAL ST City OSHKOSH State Zip Code WI 54901 -4417 --- Sentto l.":I Owner Name I DANIELJ NEISEN U Contractor I U Other I ERICA CLARK l.":I inspector I Matt Tucker U Required for Occupancy I Occupancy Single Family Notice 0 First . Final 0 Other I 02103/03 & 02119/03 Violations must be corrected and approved within 30 days unless otherwise noted. Call for reinspections prior to concealment and/or occupancy. Upon completing the corrections, the owner/contractor/agent must sign and date at the bottom of this notice and return it to the Inspection Services Division by the Compliance Date of 3/1/03 Introduction here has been no contact or confirmation of compliance concerning this order. Please contact this office with the status of he corrections. If I do not hear from you by {O3/01/03} or receive a proposed schedule for compliance, 0 -0000 --- WI 54901 -0000 525 CENTRAL ST OSHKOSH Item # Code 17-36B Compliance Yes Compliance Date 01/27/2003 IMMEDiATELY Description No owner, agent or occupant shall allow on any residential premises any junk, debris or other condition, which creates a public huisance, and eyesore which affects property values. Nuisance to be removed Summarv it is the responsibility of every property owner to confirm compliance with these orders before the compliance date as pecified. Failure to confirm compliance {236-5137} will result in citations being issued and court action pursued. DEFiCIENCIES MUST BE CORRECTED AND APPROVED BEFORE CONCEALMENT. CALL (920) 236-5050 FOR INSPECTION. Signature Date I hereby certify the vioiations listed on this report have been corrected in compliance with the applicable codes. Print Name Company Signature Date Page 2 of2 ~ OfHJ<OfH City of Oshkosh Inspection Services Division 215 Church Avenue PO Box 1130 Oshkosh WI 54903-1130 ON T~E WAT" Fax To: Pete Weidner From: Bruce Luedtke Pages: 3, including cover sheet Phone: 920-236-5137 Date: 03/18/03 Fax: 920-231-4072 Phone: 920-231-9520 Re: D Urgent D For Review D Please Comment D Please Reply D Please Recycle . Comments: ~Ø{Q) MAR-07-e3 03:33 PM OSHKOSH FAMILY 9202314072 P.0t facsimile transmittal !¡iPatin. . . To: Bruce Luedtke FIX: 236-5084, From: Pere Weidner- Guardian¡hip Case Manage,. OF! Date: 3-7-03 Re: Neumann, 2836 Stoney Beach Page. 2 incl. coversheat cc: C Urgent X ForAevlew C PI- Cornman! C PINM RapIy C PIuoe Recyel For your fiI,~s. , . (7æV~ . t!?1'- Pete Weidner- Suardianship Casemanager- O.F.X. Oshkosh Family Inc. 36 Broad St. #300 Oshkosh, WI !54901 PhonclVoicernail: 920-231-9520 Fax: 920-231-4072. E-mail: pweidner@oshkoshfamily.org .. ',".' . . . .. .. .. . . ... . . . . . . . . ct) 0fHI<0fH City ofo,hko,h Divi,ion offru;p"tion S"'"'" 215 Ch"",h Avenu, PO Box 1130 O,hko,h WI 54902-1130 Offi"" 920-236-5050 p", 920-236-5084 ORDER TO ABATE NUISANCE IN THE MATTER OF: loS.C. & BIBLE CAMP CHRISTIAN LIBERTY ACADEMY MISSION OF JESUS CHRIST ALMIGHTY W15401 HWY M TIGERTON WI 54486 The following parities have an interest in this property and are hereby notified of this action: Winnebago County Treasurer 415 Jackson St Oshkosh WI 54901 Internal Revenue Service 310 W Wisconsin Ave Milwaukee WI 53203 Lein #'s 3943, 3943, 1012683, 1188552, 1194133 1012682, 1188553, YOU ARE HEREBY NOTIFIED that the City of Oshkosh, Department of Community Development, has determined that a public nuisance exists on the premises owned by you and known as 2836 Stoney Beach SI. in the City of Oshkosh, Winnebago County, Wisconsin. Said property has been determined to be a public nuisance, as defined in Secs. 17-31 through 17-44, the Municipal Code of the City of Oshkosh. Based upon the following violations: 1. Accumulation of junk, debris, lumber, appliances, building materials, fumiture, and 'other miscellaneous items/materials on the premises. Inspection on February 19, 2003 by the City Inspection Services Division confirms violation of the aforementioned code sections. Therefore, you are hereby notified that if such nuisance is not removed or abated within 30 days of delivery of this notice, the City of Oshkosh shall enter upon the premises and cause such nuisance to be removed or abated. The costs of such removal or abatement will be billed to the owner of the property and upon nonpayment will be collected as a special tax upon the property pursuant to ss. 66.0627 Wis. Stats. Your attention is directed to Sec. 17-38(B) of the Municipal Code of the City of Oshkosh, pertaining to remedy from the department's order. Dated this 41h day of April, 2003. ):¡- 11'(Þ1 r" CITY HALL Inspection Services Div 215 Church Avenue POBox 1130 ~ Oshkosh WI ~ 54903-1130 OfHKOfH ONõH' WATE' City of Oshkosh NOTICE TO REMOVE/ABATE NUISANCE To: LS.C. & Bible Camp Christian Liberty Academy Mission of Jesus Christ, Almighty God W15401 HwyM Tigerton WI 54486 The following parties have an interest in this property and are hereby notified of this action: Winnebago County Treasurer 415 Jackson St Oshkosh WI 54901 IRS 310 W Wisconsin Ave Milwaukee WI 53203 Lein Nos 3943, 3944, 1012682, 1012683, 1188552,1188553,1194133 YOU ARE HEREBY NOTIFIED that the two-story wood frame house and single story garage situated on the following described property, to wit: The North 65 feet of Lot 13 and the North 75 feet of Lot 18 in Wright's Subdivision of Part of SW II. ofN.E. II. and part of N.W. Y4 of S.E. II. Section 36-18-36, being part of what is known as Stony Beach, in the Town of Algoma. That part of Fractional Lot 3 of Section 36-18-16, described as follows, viz: Commencing on the Westerly line of above mentioned Lot 18 at a point 25 feet Northerly of the Southwesterly (most Westerly) corner of said Lot 18, thence Westerly parallel with the extended Southerly line of said Lot 18, 26 feet, thence Northerly parallel with the Westerly line of said Lot 18, 75 feet, to the extended Northerly line of said Lot 18, thence Easterly along the extended Northerly line of said Lot 18,26 feet, to the Northwesterly (most Northerly) corner of said Lot 18, 75 feet, to the place of beginning. Also a strip of land 2 feet wide, front and rear, adjoining the Northerly side of the above mentioned Lot 13. All being located in the Fourteenth Ward, City of Oshkosh, Winnebago County, Wisconsin. - , NOTICE TO REMOVE/ABATE 1\1UISANCE Page Two Which premises are owned by you and known as, 2836 Stoney Beach Street, has become damaged, deteriorated, dilapidated and/or blighted that such building offends the aesthetic character of the neighborhood or produces blight or deterioration by reason of such condition. Based upon the following conditions: » Deteriorated siding and siding applications. » Deteriorated chimney. » Deteriorated windows. » Cracked and peeling paint. » Deteriorated Roofing » Other conditions rerre,entative oflack of maintenance. THEREFORE, you are hereby ordered to abate the nuisance(s) noted on this building within thirty (30) days from the date of service ofthis order upon you. YOU ARE FURTHER NOTIFIED that this order is served upon you pursuant to the tenns and provisions of Section 66.0413 Subsection (2) of the Wisconsin Statutes and in such case made and provided. The City of Oshkosh will petition the county circuit court to declare this property a nuisance and obtain a court order directing the owner to remedy the defect and make such repairs and alterations as may be required. Furthennore, the city will seek court authorization to raze and remove the affected structure(s) and restore the site to a dust free condition if the court order is not complied with within the time fixed by the court. Additionally, the costs of such razing and removal shall be charged against the property, shall be a lien thereon, and shall be assessed and collected as a special tax. YOU ARE FURTHER ORDERED AND NOTIFIED that should you fail to comply with this order.to remove any personal property or fixtures in the above described structure(s) in accordance with Sec 66.0413(1)(i), Wis. Stats., within 30 days from the date of service ofthis order upon you the City of Oshkosh may store the same, or may sell it, or if it has no appreciable value may destroy the same. b case the property is stored and the amount paid for storage shall be a lien against such property and against the real estate and shall be assessed andco11ected as a special tax against the real estate if the real estate is owned by the owner of the personal property and fixtures. If the property is stored and not claimed by the owner it may be sold at the expiration of 6 months after is has been stored. Dated at Oshkosh, Wisconsin, this fourth day of April, 2003. SeIVed -1'11 f Where w/S"L/1J! NOTICE TO REMOVE/ABATE NUISANCE Page Two Which premises are owned by you and known as, 2836 Stoney Beach Street, has become damaged, deteriorated, dilapidated and/or blighted that such building offends the aesthetic character of the neighborhood or produces blight or deterioration by reason of such condition. Based upon the following conditions: ~ Deteriorated siding and siding applications. ~ Deteriorated chimney. ~ Deteriorated windows. ~ Cracked and peeling paint. ~ Deteriorated Roofing ~ Other conditions representative of lack of maintenance. THEREFORE, you are hereby ordered to abate the nuisance(s) noted on this building within thirty (30) days from the date of service of this order upon you. YOU ARE FURTHER NOTIFIED that this order is served upon you pursuant to the tenns and provisions of Section 66.0413 Subsection (2) of the Wisconsin Statutes and in such case made and provided. The City of Oshkosh will petition the county circuit court to declare this property a nuisance and obtain a court order directing the owner to remedy the defect and make such repairs and alterations as may be required. Furthennore, the city will seek court authorization to raze and remove the affected structure(s) and restore the site to a dust fÌ"ee condition if the court order is not complied with within the time fixed by the court. Additionally, the costs of such razing and removal shall be charged against the property, shall be a lien thereon, and shall be assessed and collected as a special tax. YOU ARE FURTHER ORDERED AND NOTIFIED that should you fail to comply with this order to remove any personal property or fixtures in the above described structure(s) in accordance with Sec 66.0413(I)(i), Wis. Stats., within 30 days from the date of service of this order upon you the City of Oshkosh may store the same, or may sell it, or if it has no appreciable value may destroy the same. In case the property is stored and the amount paid for storage shall be a lien against such property and against the real estate and shall be assessed and. collected as a special tax against the real estate if the real estate is owned by the owner of the personal property and fixtures. If the property is stored and not claimed by the owner it may be sold at the expiration of 6 months after is has been stored. Dated at Oshkosh, Wisconsin, this fourth day of April, 2003. ,~ RE: /" ?Ff3¿, S{,I1/oY ~~~ P.O. Box 251 . Oshkosh, WI . 54903-0251 Phone (920-235-0017) . Fox (920-235-21221 PUBLIC RECORD TITLE REPORT File No. 236236 Prepared for: 1.) 2. ) 3. ) 4. ) 5. ) 6. ) 7. ) City Hall 215 Church Avenue Oshkosh, WI 54901 Please be advised that we have made a partial examination of the public records of Winnebago County commencing as of June 22, 1992 at 11:22 A.M. of the record title of the following described real estate: See Attached Legal Description Title appears to be vested in: Deed & Paramount Title to L.S.C. & Bible Camp, Christian Liberty Academy, Mission of Jesus Christ, Almighty God, Tigerton Dells, Wisconsin, by an instrument dated October 15, 1989 and recorded in the office of the Register of Deeds in said County on November 9, 2000 at 2:44 P.M. as Document No. 1111180, Subject to the interest of the United States of America, as their interest may appear, as evidenced by that certain instrument recorded as Document No. 801539. (Copy Attached). The above property appears to be subject to the following mortgage(s): NONE Judgments or liens docketed or filed that appear to affect the above described real estate: See Copies of Seven (7) Federal Tax Liens attached hereto, being Lien Nos. 3943, 3944, 1012682, 1012683, 1188552, 1188553 & 1194133. Real estate taxes appear to be paid through 2001. Parcel No. 914-1498 and 914-1507. This examination is to February 26, 2003 at 8:00 A.M. This report is based on information recorded and filed in the various public offices of Winnebago County, Wisconsin. This report is prepared only for the informational purposes of the addressee above. Furthermore this report does not purport to show; recorded or unrecorded easements and restrictions, environmental liens or superliens, matters of survey, governmental zoning ordinances, or pending legal actions that may affect the property described above. The information contained herein is not to be construed as a legal opinion of title and this Company is only liable up to the amount paid for this report. ASSU~T:TLE & ABSTRA. CT SERV::ES~ INC. By: <-Yh ()r). rvìo.~ Tit e Officer . LEGAL . DESCRIPTION ¡The North 65 feet of and the North 75 feet of Lot 18 in -Wright's Subdivision of Part of SW ~ of N.E.f and part of N.W.t of S.E.t Section 36-18-36, being part of what is known as stony Beach, in the Town of Algoma. That part of Fractional Lot 3 of Section 36-18-16, described as follows, viz: Commencing on the Westerly line of above mentioned Lot 18 at a point 25 feet Northerly of the Southwesterly (most Westerly) corner of said Lot 18, thence Westerly parallel with the extended Southerly line of said Lot 18, 26 feet, thence Northerly parallel with the Westerly line of said Lot 18, 75 feet, to the extended Northerly line of said Lot 18, thence Easterly along the extended Northerly line of said Lot 18, 26 feet, to the Northwesterly (most Northerly) corner of said Lot 18, 75 feet, to the place of beginning. Also a strip of land 2 feet wide, front and rear, adjoining the Northerly side of the above mentioned Lot 13.;" . All being located in the Fourteenth Ward, City of Oshkosh, Winnebago County, Wisconsin. . .. .. 39 l(900 .** REFILED NOTICE *** REFILFD NOTICE ..* REFILFD NOTIC~ m 668(Y) REF I LE Deportment of tho Treasury -Intemol Rovenue Service REF ILE Notice of Federal Tax Lien Under Internal Revenue Laws <f:'L/ I,"'. ~, 'Z. ~) , O."mb., "85) strict Mj,lw'1llkee Recorded: 11/18/82 0:00 2843 s provided by sections 6321, 6322, and 6323 of the Internal Revenue Code, ollee Is gIven that taxes (Including Interest and penalties) have been ssessed agaInst the following-named taxpaY4!r. Demand for payment of lis liability has been made, but It remains unpaid. Therefore, there Is a lien 1 favor of the United States on all property and rights to property belonging , thIs taxpayer for the amount of these taxes, and additional penalties, ,terest, and costs that may accrue. . Serial Number 398442517 For Opf/onot Us. by Record/ng om.. ) ) z "" ? '.......... :g ) "" '" me of Taxpayer RUSSELL J. NEUMANN Filed this 2nd day of March, 1988 at 9:02 A.M. } ,sidence ) 2836 STONY BEACH AVENUE OSHKOSH, WI 54901 t .), MPORTANTÄELEASE INFORMATION: With r~iipéëtioéãçh o.;e.sn;erÏi'ilsl<Ìd bêlow:¡'nl~ss 'otlce of lien Is reflleèl, by the date given In column (e), this notice shall, on the day following ;uch date, operate as a certificate of releasa as defIned In, IRC 6325(a).. y,.""..".,., ... NOT APPLICABLE TO Ä'REFILED'NdT'it'E',"***' " Tax Period . ,"'..,.,.."" J:).t~of".: "LeatOay'fôr:: ,. Elided' IdentlfYlngNu'Í!1l1er",~ ~es..iÌ\e~C ,c" ReflllnlÎ . (b) (c)'" (dh.,. c';:" 'v (e) Marjorie .ahms '1':,;? ;;Registe:r:;,O1; De~dlt"., 1 ..", J.040 12/31(79 " .',n ., ~Ind ofTax (a) ì . ,. 388-"14-7275 ,. ."; , ,'""'.! ".,--., .'c, "i' ". ...::t' ".,. "1ö.9.70,I¡J1 .. y. , . " . ',' "C' '.'1' ,;1,', .,! .",.,.,: ./.!':..~'.è:',,) -------------- '--------- -------,j(:; .ÚJ..&jl'",:___-------_._~.~- . '".,;,..NOTICE OF FE IERAl TA,X:'IEN REFI!\:' N.G? \0 ""e": .."m~:IU<'" : l"IDF 398 0,2824 NoticeF,i,le.d,,;X:t;:, ;'iJiAileba'ç(!:n!:o\Jr!W:'¡¡"J ¡'~¡"hf,11 J;!~".;J J """"""'.",,",'1 ",;c"",..",';,'":"",!"",,,; """;""';"""""""""'"U;"'r.--"\~m;91:)r"~IJ :::::;;~,~~~~¥¡;;::}' :;~"L ;~~å:;: ~2;..T~':";';;::'~':~I~~~";,,::;:,. DAT l.'02/29/8a1,.~.,:; e:, Tit é:Chief,' S.,F'.S.:.: - "'" ".!o -",II", ".;; " ,."", ."., >¡, "s:.", ~ ",^>,,' ',',' !I' To~I",' $ 10970.81.., .",;. ) '."'; MiiwQÙI<~e~ ,< " 's noUge,W~s pr,e¡:>~red an~~i!1.nit~:,~t . """!"" ,', ",.,. "'Ie-",; ".",," ";""','!>ií"!""'~"¡;""!1',':¡¡'¡¡'",!k f!\ ,.. --" ;.. . , ,(¡~ this, """""""';"""""'hVO"""";~'D;"'~""" lID 17th November 82 '_day of ,19 "'" W'." .,~, I ¡ /!õ/ G. A. Skonning J Jnature (NOTE: Certificate of office, authorized by law to take acknowledgments Is not essential to the validity of Notice of Federal Tax lien Rev. Ru!' 71-406, 1971 - 2 C.B. 409) Form 668(Y) (Rav.12-85) ) Part 1 - Kept By Recording Office ) -«' ?/ i3?,Qj,""~.OO *** fŒFII ED NOTICE *** HETTLFD NOTTCE *** I'EFII ED None¡=:: *** m 668(Y) ¡,EFILE Department 01 the Treasury - Internal Reyenue Service J .,Oacomb""85) Notice of Federal Tax Lien Under Internal Revenue Laws HEFILE ~ Mrict Milwaukee Recorded: 12/9/83 0:00 3086 r-~, <-----~ " 398431266 For OptIonal U" by Recording Offlc, s provided by sections 6321, 6322, and 6323 of the Internal Revenue Code, otlce Is' given that taxes (Including Interest and penaltIes) have been ssessedagalnst the following-named taxpayer... Demand for paym~mt Of lis liabilitY has been made, but It remaIns unpaid. Therefore, there Is a lien 1 favor of the United States on all property and rights to property belonging ) this taxpayer for the amount of these taxes, and addltlonalpenilltles, ¡terest, and costs that may accrue.; , ,me of Taxpayer LIFE SCIENCE CHURCH AS NOMINEE OF RUSSELL J. NEUMANN ,., Filed this 2nd day of March, 1988 at 9:04 A.M. z ~'" ? w '" ... ... j ¡ "idance 2836 STONY BEACH I\VEN'LJE OSHKOSH, WI 54901 1:. .~ ", " " . ,. -'..0< , . '. ,- iMPORTANT Fi~L.EÅSE INFOR~';'fiòN: With r~~p¡'¡;ì to"àètias.~;ã~~nt Iisìé¿'b~low,'~níéss ,otlce oi, lian '((ieiUedby thè d~te given in colümn (e);ìhi"óot)ce shali,op the dey following 3uch date, operate 88 a certificate of release as defIned In IRC'6325(a)." ,", ,.,' . *** NOT;ðf'PLICABLE TO 'A'RÖ=ILED.Î'{ÖtICe:'***.',: '-'TaxPeriod "J' ", ',-,"" "'"biìtéêìl' , 'Last~lÌyfor" :ind ofTax '..' Ended, IdentIfYI~9Nu'Ih¡;¡;r;" M!Össilió¡:¡ï'" ,.,' Rèflllng'" fa) (b) :'(C)"""""""',~i":""{d):,,,.,, (e) ,. , , . !i,r:ié¡>rie Dahms .t".:.R~9isj.~~J;",S'f; D,~,~Cls, "",~1~ iii, -} '" ,- I;' """","" ", .',Unpild.i~ilal!cê '_:'~ ~" 'ofAsSe:ÎÌlnÎeÎlI" - ., (f) ) 1040 12/31179 1040 12)31)77 lO4Ò '12)31178 1040 12131176 ",,'" .': "-Ii"," 388-14'-7275 ' 388-: 14::n!'15 388'-14-7275 388-14-7275 . ,'n." " ~ ) . , ) '..J 'f' I :) is,\!,q,\\~~,,!r~~,p'[~p~rJec; a~(Lsi~r.~I~,,~t, """I, "",',.",','""a..".""",.",. "', , ont~is, " ,'""", ',"',' ""'",,.,..' ",-:"" ,.w"";,,,: 6th Decenlbel' '_day of 83 ,19 /s/ D:mald Mallcw f:ië:"i?hiJe cifficc;)'~ ' .y' Jnature (NOTE: Certificate of officer authorized by law to take ocknowledgment.l. not eo.enUol to the velldlty of Notice of Federol Tox lien Rev. Rul. 71-466, 197t-2C.B.409) .. , Form 668(Y) (Rev. 12-85) ~ Part 1 - Kept By RecorçJing Office c,.. ': .:" .I".¡; ~- ~-"::'~.II ,;", Form GGB (Y) {c~'" """ ""'¡""""'lI Di~l>'i...:,:::: Fa, Optional U,e I>y Reco'dÚ'9 Offic<' As provided by sections 6321,;(6322 ~:()f the, Internal Revenue Code. we are giving a notice,that tax !þg,inter!;sland penalties) have been assessed against the. follow taxpa e ,e,made a demand for payment of thls;îtabllit " 'âln fore, there is a lien In favor of the 1Jl1lted,Statêš()n:all pr ts to property belonging to thls1t~~þ'~ý'e,~o!"tþ~'âmfu!..Qt s, and additional penalties, Interest, al}cI..co~t!i"t ,a.'1. Name of Taxpayer 1<>... ::;>("'>E~:"> REGISTER'S I)F¡ I'.'E iJrNNEBAGO r.OI)NT\'. 1.1 ¡ RECORDED OH Kind of Tax (a) 1998-06-11 10:08:0, SUSAN WrNNINI;HOFF REGISTER OF DEFe'S Resir"_.nce RfCOROIIG m IO.QI) mlsrfR m: 'DrUm Unpaid Balance 01 Assessment (I) "",1'_' PI N/A .,., "" ""c.' ",., '-"', s; PI"cèo or' s , "I T',". . .C" I' '; '1'1,' of ------- TtIfØ. ,~:,:.;~;¡.t:..:,:: .. 'c" ;:],.." .' -'-..-.-...,-- ---..:.'>1;1(>1 Forr~l GGB (Y) (e)! ': :,;'1 I!\", ":",,.:.1"""" Oist\lblf::" , ¡'>Co<, ""01: -'--"-.- -- Resil!<"':O ".' I':' !¡'. c. ë:."", I" 01: " ". Place of'I=\lrng'" '. "", '!.~y of ..------------ '.~-- ...~..,~ ---ð,;,.'I¡.,.. \jfj) For QpUorr.11 U". Ú;: R"c':'.:¡~fI.:.'J_~~- _. :1. <>:1 26ß:~ REGISTF.R'S OFFI"¡: WI NNEBAGO (IIiNTY. I,)! RECORr'EO ON 1998-06-11 10:1)8:0, SUSAN WINNINIAI¡)FF REG ISTER 'I, l:EEDS RECORDI" fEE 1".("(1 TRAIStER fEE , Of PAGES Unpaid Balance of Assessment If) -"'-, ..,: 1 '.'hiT ""'¡I ;.. 1'-':" Total s /1,. f", :'. .,1 "'"-(, I '.¡'., ",. -------'" --- -_u--.-- c.., --- --_u_-. -----.--.- 19039 Dapaltment of the Tleasu,y - InWnal Revenue S.,vice F."" 66. (Y)(c) I Notice of Federal Tax Lien "".0",.,., 2000, A'aa: I Sedal Numbal F., Op"=" U" bv R".'ding Offi~ SMALL BUSINESS/SELF EMPLOyED AREA ., U'n Unit Phone: (4141 297-3211 39025B160 ~ As provIded by section 6321. 6322, and 6323 of the Internal Revenue Code, we ore Ilvlnla notice that tax.. (Includlullnteresc and penalties) have been assessed alalnst the followln,-nomed taxpayer. We have mode a demand fOt' payment of this liability, but It remoins unpaid. Therefore, there Is a lien In favOt' of the United States on all property and rights to property ~longlng to this taxpayer fOt' the amo.nt of these taxes. and additional penalties, Interest, and costs that may acaue. Name of Taxpayel BASIC BIBLE CHURCH OF AMERICA fßJ CHAPTER NO.1012 NOMINEE OF RUSSELL J. NEUMANN Aes.dence 2836 STONEY BEACH AVE ---- OSHKOSH, WI 54902 !IMPORTANT RELEASE INFORMATION: Fo' oaoh assessment listed below, unless notice of the lien is ,efiled by the date givon in column '0', tI,;s notice sholl. on the day following such date, ope,.te as a certificote of release as defined in IRC 6325(,1. Tax Period Date of Las~:>rtdn~Ot' Unpaid Balance KInd of Tax E~~~, identifying Number Aslet.:¡ent of Ass~~~ment Ca) (e) (e) 1040 12/31/1977 388-14-7275 08/13/1982 N/A 1090.14 1040 12/31/1979 388-14-7275 08/13/1982 M/A 26823.41 1040 12/31/1980 388-14-7275 OS/20/1986 N/A , cruals 105289.10 1040 12/31/1981 388-14-7275 OS/20/1986 N/A 351.96 1040 12/31/1982 388-14-7275 OS/20/1986 N/A 567.89 1040 12/31/1983 388-14-7275 OS/20/1986 N/A 512.30 See ate ch.d legal d scription. Plaoe of Filing Register of Deeds Total $ Winnebago COUNTY 134634.80 PO BOX 2808 - OSHKOSH, WI 54903-2808 This notice was prepared and signed at MILWAUKEE, WI ,on this, the ~ doy of June 2002 Sig"atule ~ for PAT KOSMATKA Title SPF ADVISOR {414} 297-4135 27-97-6808 (NOTE, C""fi,,,. of off;", w1h...¡,.d bv ',w 10 to" ,"oowlodomo" ¡, 0" ""0",1 " Ih, ",lidilv.f N,,;~ of F,d"" T., Ii.o R,". R"I. 71.d". 1971 2 c.a. 4091 "'m ",(y)C,) IR'" 10-001 p", t - K'PI By O....'d"'. 0- CAT. NO 60025X Cu ",!; ~ 10 ". .. I;:g¡ i! ¡;:¡:i§ ~ ffi~ :": k1 a!!3 - '" 0) ",SíJ -"- 0) fugÍiÌ ~ ~~ ~IJ!~ '" tñ;1i~ ';' ..~ !i~~ -"'.. ~ ::¡¡!¡ ¡¡j~ ... ~~ ~ ~~ ~:=~ .. .. Russell J. Neumann The North 65 feet of Lot 13 and the North 75 feet oflot 18 in Wright's Subdivision of Part ofSW 1/4 ofNE 1/4 and Part of the NW 1/4 ofSE 1/4 Section 36-18-] 6, being part of what is known as Stoney Beach in the Town of Algoma. That part of Fractional Lot 3 of Section 36-18-16, described as follows, viz: Commencing on the Westerly line of above mentioned Lot 18 at a point 25 feet Northerly ofthe Southwesterly (most Westerly) comer of said Lot 18, thence Westerlyparalle] with the extended Southerly line of said Lot 18,26 feet, thence Northerly parallel with the Westerly line of said Lot 18, 75 feet, to the extended Northerly line of said Lot 18, thence Easterly along the extended Northerly line of said Lot 18,26 feet, to the Northwesterly (most Northerly) comer of said Lot 18, thence Southerly along the Westerly line of said Lot 18, 75 feet to the place of beg inning. Also a strip ofland 2 feet wide, front and rear, adjoirung the Northerly side of the above mentioned Lot 13. 19039 Fo", 6.8 (Y)(e¡ I Dep>'tment of the Tre"ury . Intemal Revenue Service ",.. 0"°';' 2000' Notice of Federal Tax LIen Area: I Serial Numbar For O,"o"r U" by R"~dio. om" SMALL aUSlNEss/seLF eMPLOYeD AREA #7 »02Sa1S2 Lien Unit Phone: (414) 297-3211 k pt'ovJded by section 6321, 6322, and 6323 of the Internal Revenue Code, we are sivlng a nodee that taxes (Including Inter..t and penaldes) ~;~: have been assessed against the foRowlng-named taxpayer. We have made a demand for payment of this liability, but It remains unpaid. Therefore, there Is a lien In favor of ohe Unload Staoes on all properey and rlghu 00 property belonging 00 chis taxPayer for the amount of these taxes, and additional I><naltl.., interest, and cosu that may accrue. Name of Taxpayar BASIC BIBLE CHURCH OF AMERICA CHAPTER NO.1012 NOMINEE OF ¡:U..~ HELEN NEUMANN Residence 2836 STONEY BEACH AVENUE ~- OSHKOSH. WI 54901 -- I IMPORTANT RELEASE INFORMATION: For each a..e..ment Ii,ted below, unleu noti« of the lien is "fifed by the date giv.n in column ¡e), this notl« sh.lI, on the day tollowing such date, opera" as a certifica" ot rel..s. es d.fined in IRC 632Sla). Tax Period Date of Last Dad'. for Unpaid Balance Kind(:;Tax Ending Identlfyi(~ Number ks(~~ent R~~}ng of Assessment (b) {f} 1040 12/31/1976 393-12-3012 06/20/1986 N/A 2383.19 1040 12/31/1977 393-12-3012 06/20/1986 N/A 2356.76 1040 12/31/1978 393-12-3012 06/20/1986 N/A 2214.67 1040 12/31/1979 393-12-3012 06/20/1986 N/A 7494.25 1040 12/31/1980 393-12-3012 OS/20/1986 N/A 29132.01 1040 12/31/1981 393 -12-3012 OS/20/1986 N/A 3256.01 1040 12/31/1982 393-12-3012 OS/20/1986 N/A 2402.38 1040 12/31/1983 393-12-3012 OS/20/1986 N/A 1776.44 See att ched legal d scription Place of FHing Register DE Deeds Total $ Winnebago COUNTY 51015.71 PO BOX 2808 - OSHKOSH, WI 54903-2808 This notice was prepared and signed at MILWAUKEE, WI , on this, the ~ day of June 2002 '-' Slgnat~ for PAT KOSMATKA (NOT" C.""'",, 01 oHi", ."'ho<'"d bv 'ow to t.k, sck~w"dgm,,' is 001 m,o"o' to Ih, vo"ditv 01 Notice ot F,d",' To> Ii," Roy. R"I. 71-'ee. '971 - 2 C.B. 409) Form ...(THe) IRev. 10-00' Pm' . Kept By Rae.t"., 0.". CAT. NO eO025X Title SPF ADVISOR (414) 297-4135 27-97-6808 I'J ",;: !:¡ ú1 ~~'" ~ ~~ ~ If] iSšo :: [;i¡" Q) ",Sf! M"- Q) ~gð ¡;¡ ~;;¡ j¡lt!!~ " t;;:¡¡;¡ ~ ... !!1~!Jj M""" M::¡~ ¡¡¡~2' "~~ ~ *~ ~~~ '"' .. . -'," Helen Nenmann The North 65 feet of Lot 13 and the North 75 feet oflot 18 in Wright's Subdivision of Part ofSW 1/4 orNE 1/4 and Part of the NW 1/4 ofSE 1/4 Section 36-18-16, being part of what is !mown as Stoney Beach in the Town of Algoma. That part of Fractional Lot 3 of Section 36-18-16, described as follows, viz: Conunencing on the Westerly line of above mentioned Lot 18 at a point 25 feet Northerly of the Southwesterly (most Westerly) comer of said Lot 18, thence Westerly paralleJ with the extended Southerly line of said Lot 18, 26 feet, thence Northerly parallel with the Westerly line of said Lot 18,75 feet, to the extended Northerly line of said Lot 18, thence Easterly along the extended Northerly line of said Lot 18, 26 feet, to the Northwester1y (most Northerly) corner of said Lot 18, thence Southerly along the Westerly line of said Lot 18,75 feet to the place of beg inning. Also a strip of land 2 feet wide, fÌ"ont and rear, adjoining the Northerly side of the above mentioned Lot 13. 27976816 **' REFILED NOTICE *** REFILED NOTICE *** REFILED NOTICE *** -- 59625 REFILE REFILE Department of the Treawcy . Intemal Revenue Secvke Fonn 668 (Y)(c) Notice of Federal Tax lien "".0"00.' 2000> Ace" Secial Numbec Foe Option" U,. by A"""'<9 Offi" SMALL BUSINESS/SELP EMPLOYED AREA #7 '""d«, 0'/""", n", n "" Uen Unit Phoneo (414) 297-3211 39025e150 ~ A5 provided by section 6321, 6322, and &32J of the Internal Revenue Cod" we are glvlnr a notice that taxe, (includlnr IntereSt and penaldes) have been a"""ed again't the following-named taxpayer. We have made a de...nd for payment of this liability, but It re...ln, .npald. Therefore, there I, a lien In favor of the United Stat.. on all property and rights to property belonrlng to this taxpayer for the amount of th..e tax", and additional penald.., Interest, and CO,ts tho, may accrue. Name of Taxpeye, BASIC BIBLE CHURCH OF AMERICA CHAFTER NO. 1012 NOMINEE OF RUSSELL J. NEUMANN 2836 STONEY BEACH AVE OSHKOSH, WI 54902 E.IU Residence IMPORTANT RELEASE INFORMATION: For each messment !ISted below, unlm notice of the lien Is "med by the date given In column (el, this notice shall. on the day following such date, ope"te ., a certificete of cel...e as defined In IRC 632lilll. Kind of Tox Identifying Number (c) 388-14-7275 la'~~ti'àn~or e Unpaid Balance of A5,e"ment f 26823.41 Seria NOTICE OF FED RAL TAX LI N REFILING ID: 39025947 Notice iled At: W nnebago COUN Y New A dress: fj-' "ö ./hJ"tO-o' OD Signa ure: fa . "" 60 ( 14) 297-1437 DATE: 08 08/2002 Title: C IEF ADVISORY Place of FHing Register of Deeds Winnebago COUNTY PO BOX 2808 - OSHKOSH, WI Total $ 26823.41 54903-2808 Th;s notice was pcepa<ed and 'igned at MILWAUKEE, WI ,on this, the ~ day of June 2002 Signature .:7ì Title SPF ADVISOR 27-97-6808 for PAT KOSMATKA (NOTE: Certi""" 01 offl", evth".,d by '.w to take .ckoowledgmoot is 001 "..miil to thO validity 01 Notico 01 F,"'" To< Ii.n Rev. M 71-<". 1971 - 2 C.B. 4091 F"m '.8(y)(o) IRoy. to-OOI Pa" I - Kepe 8y ROCMdlnr 0- CAT. NO 60025X (), d-. Russell J. Neumann The North 65 feet of Lot 13 and the North 75 feet of]ot 18 in Wright's Subdivision of Part ofSW 1/4 orNE 1/4 and Part of the NW 1/4 of SE 114 Section 36-18-16, being part of what is known as Stoney Beach in the Town of Algoma. That part of Fractional Lot 3 of Section 36-18-16, described as follows, vÏz: Commencing on the Westerlyline of above mentioned Lot 18 at a point 25 feet Northerly of the Southwesterly (most Westerly) corner of said Lot ¡ 8, thence Westerly parallel with the extended Southerly line of said Lot 18,26 feet, thence Northerlyparallel with the Westerly line of said Lot 18, 75 feet, to the extended Northerly line of said Lot 18, thence Easterly along the extended Northerly line of said Lot 18, 26 feet, to the Northwesterly (most Northerly) comer of said Lot 18, thence Southerly along the Westerly line of saidLo! 18,75 feet to'the place of beginning. Also a strip ofland 2 feet wide, :trout and rear, adjoining the Northerly side of the above mentioned Lot 13. ._~ '"'" ~ '"18 a55 ~ ~m5! ;;;1;; ':' ~~~ ~:5 ~ ¡¡¡ 01:1 to ..,~ " ~ ~gJ ! æ g!¡¡ t¡¡ .., 1: '" !;!¡:j "", ... """~ "'..'" ... ~g~ \0 as'" .I- oæ!¡¡ ... "::~ tV :5'" tV ," " "~""""-"""'-'¡-"'"I!',---"..,.,.. "" '..-'.-.. UJj" ~~~.....__. """""¡~,., IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN ) ) ) ) ) ) RUSSELL J. NEUMANN; HELEN M. ) NEUMANN; 7 OAKS CORPORATION: ) LIFE SCIENCE CHURCH, RusseII J. ) Neumann, Pastor; OAK HAVEN) LIFE SCIENCE CHURCH, RusseII J. ) Neumann, Pastor; and LIFE) SCIENCE CHURCH, ORDER OF ) AUIIGHTY GOD, CHAPTER NO. 1012 ) (Attn: RusseII J. :¡eumann) , ) ) ) UNITED STATES OF AMERICA, Plaintiff, v. Civil No. 87-C-1332 (JPS) ,,' (\ Defendar.ts. MOTION OF THE UNITED ~TATES FOR ~D DECREE OF FORECLOSURE Now comes the United States by its undersigned attorneys and " moves that the Decree of Foreclosure dated November 3, 1989, be amended to delete from the coverage of the foreclosure activity stated therein two of the four parcels of real estate described . It at Paragraph J., specifically those properties presently found at Subparagraphs 1 (B) and 1 (D); and to provide that as an 875<l32p. Olm alternative to a foreclosure sale, an administrative Internal Rovenue Service seizure and sale of the remaining two parcels presently found at Subparagraphs I(A) and l(C) can be conducted. ,,!;>O<""'.. ..¡...,.- .. ~.~,I-i""- -..- .,.-. .' .--- ,-...,.- --~ - . ",... ... -~...,..,~. ..., /' i.,.",.,:", i . .~ 'J. - 2 - This movant has attache<1 the dec'laration of its trial attorney along with a memorandum of law, and a proposed Amended .' Decree of Foreclosure. By: JOHN E. FRYAT-£ ""'~ '7]:'0"°' D. SNOW Attorney, Tax Division . Department of Justice . O. Box 683. B~n Franklin ashington, D. C. 20044 Telephone: (202) 397-6548 (FTS) 367-6548 Station 8754132p. 01m / ,/' . .J ¡/ /' IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN UNITED STATES OF AMERICA, ) ) ) ) ) ) RUSSEL', J. NEUMANN; HELEN M. ) NEUMANN; 7 OAKS CORPORATION; ) LIFE SCIENCE CHURCH, Russell J. ) Neuroan:>. Pastor; OAK HAVEN) LIrE SCIENCE CHURCH, Rucsell J. ) Neumann, Pastor: and LIFE) SCIENCE CHURCH, ORDER OF ) ALMIGHTY GOD, CHAPTER NO. 1012 ) (Attn: Russell J. Neumann), ) ) ) Pl"i"~~;:l, v. Civil No. 87-C-1332 (JPS) Defendants. I1~J:;I'¡\R¡,:r'!QI! I, JEFFREY D. SNOW, declare: 1. That I am an attorney assignod to the Tax Division, United States Department of Justice, Washington, D. C., and in such capacity represent the interests of the United Sta..es in the above-titled and numbered action; 2. That on September 8, 1989, this Court in its Decision and Order granted plaintiff's Motion for Sununary Judgment; and on November 3, 1989, executed an Order for Judgments and Decree of Foreclosure which was the relief which had been sought by the B754132p.dcl Government. 3. That the Government, as reflected at ['age 3 of the Order of the United States Court of Appeals For the Seventh Circuit, No. 89-3597, dated December 3, 1990. subsequently was advised ,..:.)~.~...// :~#' .',J '~ ~ d "~ I ,;~ '.'.'.\i.: :~ .1 § J .1 ':'.'.~. Î "1 .~ .~ ¡ , '. , 'OJ :1 . ~" ,.-- "-.-...... - .-,. ., -- .-- " ".." " / - 2 - . that two of the properties set forth in the referred-to foreclosure order had, on August 13, 1980, been sold by taxpayers to a Mr. Richard wilkins (and his wife), who did not at that time record his deeds to those properties. One of the properties is located ,t 841 Division Street in Oshkosh and the second property is locate'! at 227 Merritt in Oshkosh; 4. Upon investigation, the Government has determined that . Mr. Wilkins was the 112M.~ purchaser for value of the said properties as of August 13, 1980: 5. The oldest tax assessments made against Russell J. Neumann and/or Helen M. Neumann were made on August 13,1982, exactly two years lJ.ßll the sales of the aforesaid tllO properties to Mr. Wilkins. ',' I öeclare under penalty of perjury that based upon my examination of the files in this cause the foregoing is true. ? r-> - 8754132p.dcl " . ,;, .c. ~.' ~. .I' ':~'~---,,_.~al, -w",~!!1~~~~-"""""""'.~-"'!'.""""""" / / ' .. UNITED STATES IN THE UNITED STATES DISTRICT CDùRT , t 'y ::R~:t~~~:f'f;;ICT OF WISCONSIN Plaintiff, ) ) ) Civil No. 87-C-1332 (JPS) ) ) ) ) ) ) ) ) ) ) ) ) v. RUSSELL J. NEUMANN; HELEN M. ~~~~iE~C~AgsHU~g~~O:;;~~itJ . Neumann, Pastor¡ OAK HAVEN " , LIFE SCIENCE CHURCH, Russell J. Neumann, Pastor; ond LIFE' SCIENCE CHURCH, ORDER OF ALMIGHTY GOD, CHAPTER NO. 1012 (Attn: Russell J. Neumann), Defendants. UNITED STATES' MEMORANDUM OF LAW SUPPORTING ITS REOUEST FOR AN AMENDED DECREE OF FORECLOSURE The United stateSteeks an amendment to the decree of foreclosure entered hy the Court on November 3, 1989, to remove 1"% two of the four parcels of real estate from the foreclosure process; and to provid\, that as an alternative to a foreclosure sale, an admini,~trativWnternal Revenue Service seizure and sale of the remaining two parcels can be conducted. ISSUES A. Do the Government's tax liens (now reduced to judgments) 'ff.. against the Neumanns att'fh to the two properties sold by them to Mr. Wilkins on August 13, 1980? B. Does the Government have the right to administratively seize and sell the remaining Neumann real estate (Which is . subj ect to the,urrent decree of foreclosure)? 8754132b. Olb '! ~ . -,.' , r , " ./ / /~ - 2 - ~ 1. Pursuant to the Government's motion the District Court. " on November 3, 1989, grafted m,oney judgments against taxpayers, Russell J. añ~ Helen M. Neumann, for tax assessments made against r them on and after August 13, 1982, and entered a decree of foreclosure concerning three rental properties and their ~ ,¡ .1 ) ¡ i i J ¡ j :1 '1 f residence. 2. The Gove'ent learned that two of the rental propert 'es which were subject(to the foreclosure decree had, on August 13, 1980, been sold by the Neumanns (through their "Life Science Church Order'of Almighty God, Chapter No. 1012" alter eqo) to a Mr. Richard A. Wilkins (and ~s wife), who did not at that time record the deeds to those properties. PISCUSâlQll 1; Remove Two prooerties from Forced Sale ~ The Government's oldest tax assessments were made on August 13, 1982. At the time those assessments were made, tax ..l ¡ j .¡ liens were created by operation of law. Section 6322, Internal Revenue Code of 1986 (26 U.s.c.). The creation of these tax liens encumbered all of the Neumanns' "property and rights to property" from and after that time. Section 6321, Internal Revenue Code of 1986. . 8754132b.Olb <. \' /' "/ - 3 - However, since Hr. Wilkins had bought two of the Neumanns' properties prior to the time that said tax liens were obtained by the Govern;nent agdnst thE Neumanns, said liens did llQ1 encumber those two properties for the reason that Hr. Wilkins was a ! j , ¡ ¡ 1 ! purchaser for value of said properties. Section 6323 (a) , Internal Revenue Code of 1986, l! ,,~, ~izure and' Sale of Remaininq Two Properties ~! The current deCre¡Of foreclosure provides for a sale real estate involved in aocordance with the provisions of Title 28, United States Code, Section 2001, which sale is to be of the conducted by the United States Marshal. Congress has provided to the Internal Reve~ue Service an alternative means to collect its' back taxes: 'j j i ) Section 6502(a), Internal Revenue Code of 1986, entitled "Collection after Assessment," provides that when, as here, an assessment of taxes is made"... such tax may be collected bv levy at any time "... until the liability for the tax (or a judgment against the taxpayer arising from such liability) is satisfied... ." Here, the result of either type of sale is the same to the Neumanns: They have no right of redemption but will receive credit to lower th;dr adjudged tax liabilities for the "net" amount obtained by the Government. 8754l32b.Olb // - 4 - CONCLUSIO¡; The two properties sold by the Neumanns to Mr. Wilkins Shoul'be removed from the coverage of the foreclosure decree date~. November 3, 1989; and the remaining two properties should, " Respectfully submitted, as an alternative to foreclosure, be described as subjeot to selzure and sale by the Inter',l Revenue Service. By: D. SNOW Attorney, Tax Division . Department of Justice P. O. Box 683, Ben Franklin Washington, D. C. 20044 Telephone: (202) 307-6548 (FTS) 367-6548 Station . 8754132b. Olb , I.. '- .~ c_",_..".,...._~~-,,^"-,.<>" --_.~- . ì\\J&" ..,> IN THE UNITED STATES DISTRICT rOURT ["""-,;~~v. ¡ r SEP ';'; I~ ] I" -O'ClOC"-.__-- I_._~,~~~,,-C" - FOR THE EASTERN DISTRICT OF WISCONSIN ^ ) ) ) ) ) ) RUSSELL J. NEUMANN; HELEN M. ) NEUMANN; 7 OAKS CORPORATION; ) LIFE SCIENCE CHURCH, Russell J. ) Neumann, Pastor; OAK HAVEN) LIFE SCIENCE CHURCH, Russell J. ) N¿umann, Pastor: and LIFE ) SCIENCE CHURCH, ORDER OF ) ALMIGHTY GOD, CHAPTER NO. 1012 ) (Attn: Rus5ell J. Neumann), ) ¡. ) Defencfants. ) UNITED STATES OF AMERICA, Plaintiff, v. civil No. 87- ':3.l2 (JPS) .. AMENDED DECREE OF FORECLOSURE On N~vember 3, 1989, this Court executed its' "Order for Judgments and Decree of Forec1o3ure" which was filed by the Clerk '.- of Court on that same date. numbered 1 and 2, anrl subsÜtuting in their places, as new Decree by deleting io t~.~ir entirety the existing paragraphs This Amended Decree of Foreclosure modifies satd prior paragraphs numbered 1 and 1, the following provisions: 1. That the Federal tax liens created by the above-stated assessed Federal tax liabilities of Russell J. Neumann and Helen M. Neumann encumber the below-described parcels of real property located in Winnebago County, wisconsin: 'J J ,~ Copy mall.d 1O attocneyS (°' p.~¡.. by tho Court P""uont to F.". R. Clv. R 7"1Cd). 87541J2p.01m 'j ,"".1 - ~.....".JI-.~..,.,.,..",....-:-.--,iII""'1.~._-......"."....,.,...-.".....~~."""., . -_. - - - , '. - --~~~'.~"._' ti 05 7> ~ 1:. ".' ~"'~""">ií~"-'""""'"-->-,:-~,, . , ;T. k II.,,',,'.,"...'" c ~ !:' r' Nr' - 2 - 2836 Stony Beach, Oshkosh, Wisconsin Leqallv Described as Follows: The North 65 feet of Lot 13 in the North 75 feet of Lot 18 in Wright's Subdivision of Part of S.W. 1/4 of N.E. 1/4 in part of N.W. 1/4 of S.E. 1/4 Section 36-18-16, betng part of what is known as Stony Beach, in th.. Town of Algoma. That part of Fractional Lot 3 of Section 36-18-16, described as follows, v.tz: f Commencing on the Westerly line of above mentioned Lot 18 at a point 15 feet N<>rthcrly cf the Scuth;:cztcrly (:o-.c~t ¡¡esterly) Corner of said Lot 18, thence Westerly parallel with the extended Southerly line of said Lot 18, 26 feet, thence Northerly parallel with the Westerly line of sáid Lot 18, 75 feet, to the extended Northedy l,ine of said Lot 18, thence, Easterly along the extended Northerly line of said Lot 18, 26 feet, to the Northwesterly (most Northerly) corner of said Lot 18, thence, Southerly along the Westerly line of said Lot 18, 75 feet, to the place of beginn'.ng. Also a strip of land 2 feet wide, front and rear, adjoining the northerly site of the above ntioned Lot 13. , .!J 'f' ,,'." t,. . . ,t. " ,~:~. . ~': 320 Merritt Avenue, Oshkosh, Wisconsin Leqallv Described as Follows: Lot 20 in the Subdivision of Lot 2 Block 90, in the Fourth Ward, City of Oshkosh, per Leach's Map of 1894. 8754132p.Olm 2. That (without prejudice to United State's right to make an administrative seizure and sale of the properttes described i~ Paragraph 1 as provided by Sections 6332 and 6502 (ai, InterMl Revenue Code of 1986 (26 U,S,C.I), the said Federal tax liens against Russell J. Neumann and Helen M. Neumann are hereby , "'O~'~'~'~."'~,J8¡1~~~~,~ ,."...,.......~"..."..,..,.,.,,~"-'" ~:::-.- - "-----...-' ~ -, - - . .-. .. -, " 01/«""'" /" - 3 - for~closed against the properties described in Paragraph 1 (A) and Paragraph 1 (B) and that said properties or either of them are, in their entirety, order~ sjfM So Ordered thi~:y of September, 1991, at Mi1wauk~e, Amended Decree ent~rod this l.t!tl.day of September, 1991. SaFRaN B. NEDILSKY Clerk of Court By: 1;{;!eú(./ /~M./ ~~~~~~E ct~r~ASf íë ? 5::- F { i .. -0." ~~ ¡1¡;;; ì~!i.!!' 5 " 1>-.: 2.. g..2 blt¡j'~~r ~it~g~ *' I !;! c 0 ,h;t>o.~¡¡¡ ¡;::P2:§'" ¡¡;~fi ~\: S754132p.Olm .;> -= <> ð 00 r' ~ ;:¡ :'1 ¡;., <.:J ..-0"/ // ! , ::" ~: ,. ,~' DOCUMENT NOe' ,,-O¡.."'.. . . T< Q~.~~:'~~~~" 13 ':;;'J....-; UIT CLh_<1 DEED AND PARAMOUNT ~. \ j TITLE BY CONTRACT . (of America) TIns INDENTURE, Mad. br...B.a.s.i.L¡¡iJ:¡le...--Ch.u=h~...QI:der- of ~ 1 mi "'- h t Y...,~?L.£h2.P..!:.~.!-.2l:.~..,...~~.~~.".!.!-_..ii:.:...!!..~~m.~.~ ,",. moo ."',,"0 " .0'"'"' om 1111180 REGISTER'S OFFICE W IHHEBAGO COUNTY, WI . RECORDED ON 11-09-2000 02,.. '" SUSAN ~INNIHGHOFF REGISTER OF DEEDS LlielerLli,._fie.1Ima.O4..T;cw¡,t-e.e,,-.....__......-....-..... granto, "-- ;¿WRDL'i'o CO, ".00 (;~~:.~::::=~~~=;.;¡~~:::~:~:;:¡:~~:;::;:::~. :'ji;:~E¡¿E .'6 {"~~~"~'~'~~ï~i~~f':~~;-~~~~~'~~iï;:'1'~~~;~~~¥b~~~~~:Zj i h ¿ g""tee-....~ ° .........- ....---.....-.-...-..-... ooty. ',",0°"°, 0' t e sum 0 &V/~t¿o / /It >.., U še .Q!!.!!-..P..2.:UÊ"....;¡'!)!~_..Q. '-!!~LS2-':>' !i.!'¡j.!!.!'..i!.t. igp_. .....,-..--..-.......-...2<' .:7..!'.¿led...¥.L t'..f i;::s.::e: 4>ollau. the following tract of land õo--.!UJl!!.!il!;>.iI.gQ....._-_......_..- Coonty, St,t. of Wi"o",io, [The No~th 65 feet of Lot 13 and the North 75 feet of Lot lB in Wright's Subdivision of Part of SW t of N.E.f and part of N.W.t of S.E.t Section 36-18-36, being part of what is known as Stony Beach, in the To,",n of Algoma. That part of Fractional Lot 3 of Section 36-18-16, described as fo11o,",s, vb: 11 ii ,. Commencing on the Westerly line of above mentioned Lot 18 at a point 25 feet Northerly of the Southwesterly (most Westerly) corner of said Lot 18, thence Westerly parallel with the extended southerly line of said Lot 18, 26 feet, thence Northerly parallel with the Westerly line of said Lot 18, 75 feet, to the extended Northerly line of said Lot 18, thence Easterly along the extended Northerly line of said Lot 18, 26 feet, to the Northwesterly (most Northerly) corner of said Lot 18, 75 feet, to the place of beginning. Also a strip of land 2 feet wide, front and rear, adjoining the Northerly side of the above mentioned Lot 13;] to include all Rights and Privileges and Immunities set forth in the Declaration of Federal Land Patent or Grant Recorded in the Winnebago County Register of Deeds on March 28, 1985, Document No. 627714, Patent No. 2217, Volume 3, page,19l, Order No. 20147751, copy attached, and servitude attached. This is Homestead Property. Exempt from Fee, Sec. 77.25(6) '" """,,~... 00"""'"" 0.""""'0' OK ....... "DZ, In WilD... Whoteof, tho ..õd 8=101"'.. hLS_.... her,unto "...the.iJrhand5o... and sea]5o... this...15.th... dor of__Q.Q.t.QJ:¡,.J::._......_..~ A. D., 19..8.9_.. .'O"," AND ""'LZO 'N P""'CR or ¡ ~:¿¡¿:¿¿ff&2:2"'l.."'<.a.<L..................(SE^L) _..__..._...._...._-_._..._..._...._...~.._---_. .Æ~:î~...(SE^L) Russell J¡2íœnm"nn Trustee ..-..-..-....-......-......--........-..-..................-........-..-.. ::~:::~:=-_:::~~~=~=:.:'~:~::'::'.:::::..:::::::::::: SOl,. of W¡'coQ,ic, } ...§..~~~!!"'!2......_....._..._.- County. '" P,uooally eam. before me, tb¡s....,L~!;'h.... day of....Q.çJ.'i?Þ..!'.J:"..._............ A. D" 19.¡¡.~..... tbe wõlbõn Q.m'L...~~..s.~~~L.:r..:_..N.~-u.!!'~!'E.!....T.E':':"_t:~.~..~.!'.cI...f:i!:~.~.11....11:'._.._............. .~.:.~."'..~."-~!...:r:r..~.~.~.:.:....,.__..............._......_........................................-..........-..............-..-..........-...... to me known 1o be Ibe pmoQ"'... wbo e"'oled the foregoing in"<um,nt and "knowkdg,d Ih, "mo. ,",. 'NOTAU",HT WA. O.A"'O ., g~?f~~~;~~;O~;:~~:'~:'~". Russell J .~¡;~y NelIlnanIL- -..-.........-- . -....-.-...-............. ¡"""'M ".n '" "~<"';""'~'M. ""'".~"." '"-"""b<M"..",,,n """""'!"""'" "~.,;,,<.~,,- .:.~~~ "':.fi~~',,!'.~~ r~:,'~'~'~y~~,!iW!:i~~~i~m;.<;lw~, ~:~,~<u:',';';':, '" ":' ~~.E::;~~:'::::, CO '"' QUIT CLA<M D..n "'0" '... " ""...",. W;, '" ... ....., ". .n".,," 'I' ~-.':::,fl~"u'.':'nn, . '-', om.. WlnM'"" 00='1. - ~~~o, 'IiODs. ~~~ »~~~ ~ """"""'."'" Abo" S,'" " foe "'O""', Us. 0'" wh,.. ""co""d. ",n '" '.~ ....:~ ",,',c" ¡,venUe - ""'O",," .,';' '4"01 .v¡..~ 'ì ~CCLA'ATION "-!: ~ ~ ~ ~ 'I<OW Y( ALL "tN ".., I/we. 'h, ,.d"",..". '0 he"by to'lify ow, docl." 'h't "" '" u", """,,'s In ,. 'owd ""'" °' ""., tho' " fne' ow, Is "'O"" ., ""e", °' ""'" No. 2217 , sol, copy or which Is ""'h" "'Mo. W, ,,""" em"y I"'~m-"",.",s to . "o'Uo. of sold "","1 °' ",an, whiCh Is ",O"y ""'lbe' as fo""", \" ., ;:rirlte Sub"l ~5 rt of to' 13 <, A 2' etn, of land Inyof . Dc.o ...' OM nn .'w "~no ,aldT~.'r?"O' 10 Sl , A to be . eo n r t No C '01.. " .ode h",f" 'hat ... "'" be," oss ",.." lb, ..11" "'" or 10", " d"","cd I.. 'he o"g 100 I "'OW, """l. 0", ""g....", 's ,"C"'," ""y 1o 'he obo" 'c,,1 'e""plI,". Th, fili.., of thl, U<e""U," or ".., Moot oe "," 'h'" '" 'owy " I.f""", ... owy "ghl. p",'I"gc " ¡~""""y of "'y atb" 0"1""" to any Plh" ,"tlow of ,,... CO"", I.. lbe '"O" des","" Pote..t °' "0'" ."",,<C. ¡r ""is Ooc"""'" " "t Chollc",e. ," 0 Co"t or low wlthi" 60 '0" "om "'0 '0'0 or rIIfng. "co "0 ,"p,o 'c"'ibc' ",.."y sh'li bm.... .¡"ol ,"n "'an o"odlo' f'oohoid. ood then thl, lan' Potc., " ",ant 'h",. bo ,p- "'od In oylo", ""', SOb¡c" to thc "0"'"°'" ",te, how"n: HEHORAliO,," Of lAW O. RIGIITS, PRIVllE(ò[S ANO I/KJ.ITJES ,. lcawsror by ,"cntce.,.."""c ðO' dghts Or bono fide ""h&Se' r,om "',,'oc......................111 bc ,'Ote",", U""c' S",.. v, Oc..l1 , (191>, «8 Sill m f "O: Un",d Stote, v, 0..... 1"17, CM C'Iol 242 F 0", Stot, '. lIe.ltt land Co. (""I 74 ""h S7J, "4 P 474' r,... 43 USCS, Soc. IS, ..44. I. A" "'i,nec, whme, hO bo thO "nl, "con. " thl" "rey to whom till, is CO"Oy" sholi 'ose wone of tho 0"9i" , ".hts, """c,cs " I.""nlllo' of lhe "1,1..1 g".tcc or Low, "'ont. rhe US CowstiMr.. SOys ", hticlc I. Scc. (0, -'° St"c ,""....1."", tho Obll,'lIo" or "n'"c,,". C",I dgh". ."vnc." 00' I"""nill" "0 r"tho, .'Oto"" ,"de, thc "'h """n'""" to Ih, U; Con,tit",.. wf>IÇh sa", 'No Sto'o......o" 'C"1 to ooy ""so.. wlthl. ItS J"'Sdlello" th' 00'" ."t"ti.. or 'he '0'-. 3. ,.. ems or ejet'","t. whc'c 'hc ..'c'lI.. I, who has tho Ic,.1 tit1c. tho 1"'0" of Ih, g""",.,n, " ,no..."ob',. Sanf", ,. Sanford. 139 US "', 3S , Cd 1'10. <. I" f,d"" ""'" tbo potC"' " 'e" to bc tho r,"n'o".. of "tie ot I... fewn ,. Hol..." 11 110m' '0'. ;. "'MU"'" ,"OM COllATERAL ATTACK: Collin, ,. O..tlcLt, 44 Col 37': W,bbor ,. P". ""qu",c So... Co. 61 tlleh 616. 30 N" "': S""gct v. Ooc. ,. '<I" "8, Pitts",..t Cop,o, Co v. V,nino, 7' Hont 44, m Pac 46; G",.. v. 8...".<71""".661;01031. ,¡ IJ.'¥è..¡J4~¿ ('~ý~~P fOfJ ¡jZ."..,~t' ?t.-'~~I :;;"Æd--TJ..~ "'Sf~'.;DfÙJ;S<",:!::"'>¡ " ...~~"þì~o~~1 - "US ~~~"'ibO' on' 'woe.. '0 bcfo" "', this~ "~,\,f ~~\'~' ....' <> ~ ~. ~:i:1 rt '------- ) ""¡¡;'(;C';;'"SSfon "pi'", '&"1 P,blic ~, ,,~ This Ooc""nt ."."," by: Rev, RU3S"" ¡'¡pu,"o">J'II ( ~ ." ~\' w ¡"oJ "" ¡;, fA,.. ft,. 'i' JI..- ;);., 'If" - , .... "... ..... ...,~ ¡wi';" r.... !.!.LL, '.I. 17 . - ...~ ""-L!.L""'"'!...l.d::LLLJ:J «oT",e,;',.", TBJ UNITED STATEs 01' A1ID::ruCl\, . .(1'.- oh.n'l . To aU to WhoIl1lhese Presents 8ha.11 comò, Greeting: W1Di:1>.:¡u,s 1r¡;;'lIr;7ç"I'1:JJr~-¡f-'t>~Û-"M,);ml'7' .., _"'¡."'.'-"'""""""'.""""'/""""oJ,,~.,.<>"i¡/n""'/I"kec""'e" ."TlleL"'," O""co " .ç~u" $'1'9' """'iI'"~"","""",_",."""",,,,,",,_;, ¿:¡;u,'¡r ðr"4 / """of"",...."". "".J"""""""'"';""""""~"'"'JI""""~i."..I~"""""",""""".."""" -J/"""""'~.;-"J /¡;,.í~. 'h"m¡',¡~,", """'I'¡;"",""",I,,;, (¡'"JI ,("1 ,///Ù.,I",¡,{ /Úül?m""., f,fat/, '~:'/"'~'Í.II"1If';"IÍ¿' f ~":.J.ý;NV"'k,,,"^,jÍ" l'fI¡f/m'i';-;:/~1-:M':fl" ~/"'1Í(~:f,."Jl,d I'6'Y'/JI'1/II'1"/"""""'7"/I"""T-" ,,~ç.'ml.ß-:)' ;¿'/JM'Hk. :/;, ""t'.7;' 'CI~/,mIl7rh'/'IIII""'(',"hl/.l')'¿71/¿¡'I"I/<lu"""Í'7Iu,'<, tf"""'n'lh1/1""o~ . ----, ,. ,.. .1'</01 "" "/ '" -ft, "/'" _u l.o.... ..~-, ,. lA, Q-., l.o., a,,", " '" .".n.... ..'..""""HIoI".., ". '-""""'¡.¡II"HIoI ¿:'¿Úú,.j:,,'H, I'fOW ""OW 'I'D. no,'M "aI... .......r Am."c""~"'ko.I""'/II.¡""'",~<r.~./~.it, """"_ol"',,¡c...r-,," --...._I,...¡J".II.m:r;m:.\" .1,\"1) <II,.1.vr£l). """"-I"-~' I)C em: AND "JiJlNr,..... lA, -'" Ii/";,, ,;;"'1>', , ."",. ¡;" """",.,""", """"~iI~/"C'.:U""""'JJ>P"'U:U."':D""""'h"""".""""""", ,.."~....";-~""""-,~,-"",,,_~ "~"""""'k"<¡""........_" ¡[h"IN',/;-,,/;. ""'hli,;' """"""""--. fn e:~øtfmOIl!! m'n~"r, f, a/¿~ ~4.-,......, PO-ENTO. TIll: VN~:ED ITAT"O. .....1",.., '--.i.-LoIln,... - PAT"Nr, ....,.. ,~ ""of' 01 "" a"N.oI'~(Ü;'tD aFFla.. ,... ",-, - L' ..../. -::("/ '," ,1"uriTE;.' :;. '","""o...a"'.Laz:.o'a"""7:~4;'d, &!;¿,"'</<~að, r ~ ,~<f'I'f ~-~-'-""""""'-.r-7 ' - "<:-01""., ~"" . ,::'" , ","",.,--,u""........r,....._~,:1",'d. ;r,¡:,'""~",'".,,, "", ',':",""',\' "I'~B~a,B.II1B.,'I",,~%:-,,~, ,'øÝ~""øc.""",~"",, ,. L.t. 'I'.""",,",: ~4'. .,6t,.",.¿:?,i',':;;;;4-:.." ""r. . ':"""'., øI'".~--...."........ ".""'!If'¡'~'-'OJl«. ' ')::"'-""".'<'W":~."""" "':':"', """""":::':'::;:""". '..,: '.",... .'.."...****.1********************************************************** ¡ I Amerlaed 485455 I ~UlT OLAIM DEED ? OYAYŒ 0' WIGeON.,N-PORN " I. II TH" BMeE nEB"""ED .,B R,eORDONa DATA :kxè~Pt._....,-il Wi:::;:::r;:u~:::O:iB., I. ~~":'=~T:~~~~~!~!-:=:=~~':~II ':]~~;;: :. ~ :~~~:~:::~~~~:~:~:~::::':":~;~~:::~~=::;~;:~:"~i~*~;:'~:~iè;i~~~";~~ I Y!~~ 19~k~ M I' ~ _~Ufn~~~-~;~~~~~~~~~~~~f~}Æ~!~ ~~.~ Witnesseth, T,hat the said p.lrt..Y....... of the /irst part, for and in co",sider.tio~I'~;~~:-;:' Á52...,,-.,t-fu.. --""'-,: of the sum of.....QX1..~....çJ,Q,11!i\L..@..ç¡...Q.t.b.e.r....lf)gal....QDJJ.ß;¡.çier.a..j¡~ rlS . If .!.:r:9.~...~þ.~.:..;r;,,~..f.~...9.9,:L.~.t1.().~...g.þ'~~.:r:'?!:1..!......................""""""""""""""""'; .,{ ? :1 (""j:';~ .¡/J:..ð..cÂ ¡;¿~- ' ~í' l'o.!?...I::.~.!~.~!:lm>J¡'¡:¡d paid by the said parLY......., of the second ~art, the receipt.,=-=~,-- ¡þ , ! whereof is hereby confessed and acknowledged, ha..!!...... given, granted, bargained, sold, remised, released and I! quit.claimed, anJ by these presents do....e.§. tve, g.ant, bargain, son, remise, release and quit.claim unto the said I part..Y....... of the second par~ ¡md to.....:t:.!1:!!....r...?,..... heirs and assigns fnever, the foIIowing described real estate, I s~~a~edli::~ehC~t/;'~t"'~'~\?'~;~3...~~....~.~.~...~;~;~t~ o~:~::~, ~~Wi~t 18 in Wright's !! Subdivision of Part of SW 1/4 of N. E. 1/4 and Part of N. W. 1/4 of S.E. Ii 1/4 Section 36-18-16, being part of what is known as stony Beach, in :¡ the 'llown of A1goma. That pFtrt of Fractional Lot 3 of Section 36-18-16, II described as follows, viz: Ii Commencing on the Westerly line of above mentioned Lot 18 at a point 25 I feet Northerly of the Southwesterly (most Westerly) corner of said Lot I. 18, thence Westerly parallel with the extended Southerly line of said Lot 18, 26 feet, thence Northerly parallel with the Westerly line of said Lot 18, 75 feet, to the extended Northerly line of said Lot 18, I thence Easterly along the extended Northerly line of said Lot 18, 26 feet, to the Northwesterly (.most Northerly)corner of said Lot 18, thence Southerly along the Westerly line of said Lot 18,75 feet to the place of beginning. I Also a strip of land 2 feet .wide, front and rear, adjoining the North- II erly side of the above mentioned Lot 13. ¡ II II II Ii i I mr NEC,,"BARY, com,NU'" D"'BOR'PTJON ON R""""'.Ei 81""> I To Have and rn Hold the same, together with aU and singular the appurtenances and privilege: tbereunto belonging or in any wise thereunto appertaining, and aU tb. estate, right, titIe, interest and claim whatsoever of I the said partY........ of the first part, either i.. law or equity, eith« in possession'T'..ç.,"æ-e~~&Y ßErt".rlhe !'P.Iy Pm.ifrch ~se, benefit and behoof of tbe said partY._....... of tho second part,J?a.s.t.oX...@...:':."Hem an'\! assIgns t:Oll~VF.It:.. i In Wirness V:1Jereof, the said part...'y'..... of the first part ha.8....... hereunto set......heJ::.............. hand...... and I seal...... this..§.J;.!:t.................. d~y of.....A:P;¡:.:1l........................., A~7.7.')n ~ [ BIONED AND .EALED 1N PRE.""O" 0.. 1"'" H~i~~ '~=""Ñ~;,]~",~~~.....(SI!AL) , I """""""""""""'........-.........................-....."..............-...(SI!AL) """""""""""""""""""""""""""""""""""""""""""""""""".. I ! DOCUMENT NO. ý This deed cannot be assigned or mor~gaged to anyone except the party of: the first part, Helen M. Neumann, her heirs, or assigns, ...-.....-----.--....-- """""""'..........................................".....,.................................,... ..............................................................................................(SEAL) """"""""""""""""""""""""""""""""""'-""""..-.._....(S!!AL) State of Wisconsin, } 77 ....II'1nn.ehago.......... County, Personally came before me, this....6.th.... day oL.ÁPr.:l.J..........._.., A. D., 19........, the above named """""""""""""""""""""""""""""""""""""""""'"""""""""""""""'.............................................."......... ......................................................................~,',: "."", 'J".,..:..¡;........................,............................................................................." to me known to be the person..:,..._~<.,:: ,', .I~¡~:.:~,I!',~e.gOing ~,i ¡tn~,ru;J1~.J9d acknowledged the same. .. -4', , Nt)7:.. . .,.",....,ø:r..ø.¿~~..........._.............,....,.......... THle INSTRUMENT WAS ORAFT'O~"f <.;;:,{ '.<> .",..::'-;>.1- '; '::: ';. L.. ¿. 4LE"r-' AIJ.'OßR " / '. "".: (~ft. /. '~tary Public, ..........w.-.;;............................ County, Wis, ./ Helen M. ~T^"mð~~ '. . ,., ,..~,.~~ .. ( , ) '-'-' -z.A'~/<71 ~ ~....,' ',."" ;..',' ","17 carom",'on exp"., """"77"..t::>./-........-..........................., """"""'"'--"..,7"'"'=' , '1:0""',,_... á~:~~':';'~ì"b~ ~::'It:. ':r~~ï:".;~ ;¡:~:~,P;;:t~~I:;.r ~~¡~~ 5M m,.,,1 ""11 """, droned ..,. ,nsuum,"" ,..n 1iTfi;'3F" , ¡ ,~rìl¡fv9-,-- .,CWJ / Due servi ce of Order to Abate Nui sance and Noti ce to Remove/Abate Nui sance for 2836 Stoney Beach St., Oshkosh, ,II is hereby admi tted thi s JY~-- day of Hay, 2003. INTERNAL REVENUE SEL . By: -~_JSQ~-------¡Z~=--~~-~!.:_OO'f10 Ti tl e: -~-------------______h____- CITY HALL 215 Chcreh Aveoue p,O, Box 1130 Oshkosh, Wiseo"io 54903-1130 ~ OfHKOfH City Attorney's Office Phone:(920) 236-5115 Fax: (920) 236-5090 ¥/ {jJ}ß~,c fJ ¿::::::, City of Oshkosh SECOND NOTICE - WE ONL Y REQUEST AN ADMISSION OF SERVICE. ? -0' ø (? ,dR.- C>j f/U.A/¿~ - ! ,~~, " ,- /7 ~ ", Jv--li 9<P6 -;ZD~-:5()'j 5 ÛÆr-l ,Æ/-æ'7n '¡IV Second Notice - 5/13/03 April 22, 2003 Internal Revenue Service 310 W. Wisconsin Ave. Milwaukee, WI 53203 Re: Gentlemen: Property at 2836 Stoney Beach St., Oshkosh. WI Lien #'s: 3943,1012682, 1012683, 1188552. 1188553, 1194133 Please find enclosed an originally signed copy of an Order to Abate Nuisance and Notice Removel Abate Nuisance issued by the City of Oshkosh building inspector to abate nuisance on the above-described property. I send this notice to you because you may have an interest in the subject property as indicated on a certain public record title report dated February 26,2003, by Assurance Title and Abstract Services, Inc. (Please note the Lien #'s above.) Also enclosed is a self-addressed, stamped post card which I ask you to endorse and return to me. This will indicate that you were served with a copy of this Notice and Order, pursuant to state statutes. Your cooperation is greatly appreciated. Please advise if you have any questions. Sincerely, CITY OF OSHKOSH Warren P. Kraft City Attorney wpk:lz Encl. <} STATE OF WISCONSIN ss. COUNTY OF SHAWANO I hereby certify that on the 24 th Fairbanks day of April ,w 200åt the Township of in said County, I served the within Notice/Order on the within named Sally Minniechske, Trustee C.L.A. by then and there leaving with l1eL- personally, a true and correct copy thereof. (2) not being found by then and there leaving a true and correct copy thereof at - usual place of abode, in the presence of one of the family of suitable FEE: Service Attempts Travel Total $ 47.00 $ 47.00 $ 18.72 $ 112.72 tt~~~~ age and discretion whom I infonned of its contents. ~ OJHKOfH ON 'HE WATER C;ty of Oshkosh Di,;sio, ofInspeotion S'Mces 215 Ch"",h Avonu, POBox II30 Oshkosh WI 54902-1130 Office 920.236-5050 Fax 920-236-5084 «)Ö [P r ORDER TO ABATE NUISANCE IN THE MATTER OF: loS.C. & BIBLE CAMP CHRISTIAN LIBERTY ACADEMY MISSION OF JESUS CHRIST ALMIGHT W15401 HWYM TIGERTON WI 54486 The following parities have an interest in this property and are hereby notified of this action: Winnebago County Treasurer 415 Jackson St Oshkosh WI 54901 Internal Revenue Service 310 W Wisconsin Ave Milwaukee WI 53203 Lein #'s 3943, 3943, 1012683, 118855~ 1194133 1012682, 1188553, YOU ARE HEREBY NOTIFIED that the City of Oshkosh, Department of Community Development, has determined that a public nuisance exists on the premises owned by you and known as 2836 Stoney Beach SI. in the City of Oshkosh, Winnebago County, Wisconsin. Said property has been determined to be a public nuisance, as defined in Sees. 17-31 through 17-44, the Municipal Code of the City of Oshkosh. Based upon the following violations: 1. Accumulation of junk, debris, lumber, appliances, building materials, furniture, and 'other miscellaneous items/materials on the premises. Inspection on February 19, 2003 by the City Inspection Services Division confirms violation of the aforementioned code sections. Therefore, you are hereby notified that if such nuisance is not removed or abated within 30 days of delivery of this notice, the City of Oshkosh shall enter upon the premises and cause such nuisance to be removed or abated. The costs of such removal or abatement will be billed to the owner of the property and upon nonpayment will be collected as a special tax upon the property pursuant to ss. 66.0627 Wis. Stats. Your attention is directed to Sec. 17-38(B) of the Municipal Code of the City of Oshkosh. pertaining to remedy from the department's order. Dated this 4th day of April, 2003. CITY HALL Inspection Services Div 215 Church Avenue PO Box 1130 ~ Oshkosh WI ~ 54903-1130 OfHKOfH ON THE WATEC City of Oshkosh (Ç;(Q~ìf NOTICE TO REMOVE/ABATE NUISANCE To: LS.C. & Bible Camp Christian Liberty Academy Mission of Jesus Christ, Almighty God W15401 Hwy M Tigerton WI 54486 The following parties have an interest in this property and are hereby notified of this action: Winnebago County Treasurer 415 Jackson St Oshkosh WI 54901 IRS 310 W Wisconsin Ave Milwaukee WI 53203 Lein Nos 3943, 3944, 1012682, 1012683, 1188552,1188553,1194133 YOU ARE HEREBY NOTIFIED that the two-story wood frame house and single story garage situated on the following described property, to wit: The North 65 feet of Lot 13 and the North 75 feet of Lot 18 in Wright's Subdivision of Part of SW \14 ofN.E. Y. and part ofN.W. Y. of S.E. Y. Section 36-18-36, being part of what is known as Stony Beach, in the Town of Algoma. That part of Fractional Lot 3 of Section 36-18-16, described as follows, viz: Commencing on the Westerly line of above mentioned Lot 18 at a point 25 feet Northerly of the Southwesterly (most Westerly) corner of said Lot 18, thence Westerly parallel with the extended Southerly line of said Lot 18, 26 feet, thence Northerly parallel with the Westerly line of said Lot 18, 75 feet, to the extended Northerly line of said Lot 18, thence Easterly along the extended Northerly line of said Lot 18, 26 feet, to the Northwesterly (most Northerly) corner of said Lot 18;' i5 feet, to the place of beginning. Also a strip of land 2 feet wide, front and rear, adjoifi1riifllie Northerly side of the above mentioned Lot 13. All being located in the Fourteenti!"Ward, City of Oshkosh, Winnebago County, . _Wisconsin. . ¡ ff 'iO - CERTIFICATE OF SERVICE STATE OF WISCONSIN) ) SS. WINNEBAGO COUNTY) I hereby certify that on behalf of the City of Oshkosh, a municipal corporation located in Winnebago County, Wisconsin, I served the within Notice to Remove/Abate Nuisance and Order 4/5 ~J,f\~J t\;^~) f), i)~~d; (address) infonned of its contents, and I further certify that at the time of said service, I endorsed the date of service, my name and official title on the copy so served. By: E DEPT. 43(3 At: 1~;)3-0"J lSd-1ft'? (Date & Time of Service) t:.Q : OJ~j)- FiJ tßZ,~ ~~- 1- City Attorney's Office Phone:(920) 236-5115 Fax: (920) 236-5090 April 22, 2003 Internal Revenue Service 310W. Wisconsin Ave. Milwaukee, WI 53203 Re: Property at 2836 Stoney Beach St., Oshkosh, WI Lien#'s: 3943,1012682,1012683,1188552,1188553,1194133 Gentlemen: Please find enclosed an originally signed copy of an Order to Abate Nuisance and Notice. Remove/Abate Nuisance issued by the City of Oshkosh building inspector to abate nuisance on the above-described property. I send this notice to you because you may have an interest in the subject property as indicated on a certain public record title report dated February 26,2003, by Assurance Title and Abstract Services, Inc. Also enclosed is a self-addressed, stamped post card which I ask you to endorse and return to me. This will indicate that you were served with a copy of this Notice and Order, pursuant to state statutes. Your cooperation is greatly appreciated. Please advise if you have any questions. Sincerely, CITY OF OSHKOSH Warren P. Kraft City Attorney wpk:lz Enc!. City Attorney's Office Phone: (920) 236-5115 Fax: (920) 236-5090 http;/Iwww.ci.oshkosh.wi.us April 22, 2003 Sheriff - Shawano County 405 N. Main St. Shawano, WI 54166 Re: Notice & Order to Abate Nuisance Dear Sheriff: Enclosed is an original and one copy of the Notice to Remove/Abate Nuisance, together with Order to Abate Nuisance which we would like served on a proper officer of: L.S.C. & Bible Camp Christian Liberty Academy Mission of Jesus Christ Almighty God W15401 Hwy M Tigerton, WI 54486 After service, please return the copy with your certificate of service and your invoice for services which we will promptly remit for payment. In the event you have any question, please do not hesitate to call. Thank you. Yours truly, CITY OF OSHKOSH Warren P. Kraft City Attorney wpk:lz Encl. Dannhoff, Allyn J. To: Cc: Subject: Kraft, Warren P. Wollangk, Richard A; Kinney, Jackson RE: Stoney Beach Property Dick, this is in regards to Russell Nuemann's property at 2836 Stoney Beach Rd. I do not know who forwarded her, I did not and I spoke to her on Tuesday. I suspect she does not feel I was doing everything possible to address this property. Previousiy I spoke to her and told her I could not do anything until all parties were notified of the order, including the IRS. She asked if I actually had to wait for 30 days after the IRS was notified vs. only waiting 30 days after the "church" was notified. I explained to her neither I or the city wants to lose a court battle on a technicality, so my process will be to follow the letter of the law as best as I can. While she conducts herself in an understanding manner, my gut tells me she has unreasonable time frame expectations. I expressed my concerns with her about this earlier this week, inquiring why this has now become such a pressing issue when no one from the neighborhood has complained in the past decade. In fact when this office did attempt to address this property a couple years ago, based on Mr. Deil'Antonia's referal, the neighbors called and asked that we back off the elderly couple. As the IRS was not notified until May 14th, we cannot address the junk and debris until Monday, June 16th. Having recieved a sarcastic letter from the "church," I would not be surprised if they take action to fight the order. Just last week I spoke with 2 gentleman from the "church" at this site. They were cutting the grass and had been removing junk and debris. I asked them to consider renting dumpsters to speed the junk removal process. They also said the church is looking at repairing the structures. I advised them to make an overall assessment of the structures to make an educated decision on repairing vs. rebuilding. I told them I would try to help them identify areas of concern if they wished. ---Original Message----. From: Kraft, Warren P. Sent: Wednesday, May 28. 2003 4:58 PM To: Dannhoff, Allyn J. Cc: Lorenson. Lynn Subject: Stoney Beach Property Your office forward Julie Ruck to us regarding the Rev. Neumann property and Ms. Ruck vows to keep this on our radar screen. So keep us posted TNX, wpkraft Oshkosh WI ~ rø"~ <@~, @ifÚJkJ <@~ ~<@~~~ ~ ~ JeJu¿ <@~ ~ ffjod W 15401 Highway M Tigerton Dells, Wisconsin 54486 Phone No. (715) 535-2155 Federal Tax Exempt No. 94-1599959 Wisconsin Tax Exempt No. ES 15668 Allyn Dannhoff Director of Inspection 215 Church Avenue PO Box 1130 Oshkosh, WI 54902-1130 Services Re: ABATE THE ORDER OF ALLEDGED NUISANCE SERVED ON APRIL 24,2003 Mr. Allyn Dannhoff, NOTICE OF ABATEMENT Life Science Church and Bible Camp and Christian Liberty Academy, and the Mission of Jesus Christ, Almighty God was first given Notice on 3/7/03 of Helen Neumann's death and Russell Neumann's placement in a Nursing Home by Pete Weidner- Guardianship Case Manager. Since then we have been doing alot of cleaning on the property and hauling Neumann's unwanted personal property to Oshkosh's land fill site. Donald Minniecheske signed a contract with ADVOCAP to replace the roofing, etc that is needed. After doing our best to clean up the property at 2836 stoney Beach Avenue, Oshkosh, WI 54902 on April 24, 2003 we were served by the Shawano County Sheriff's Dept. your order of alledged Nuisance and we feel an apology from your office would be appreciated! DOnald Minniecheske was granted Power of Attorney to abate your order or whatever it takes to settle this matter. Dated this 20th day of May, 2003. !i:1!nn~:;:'~~-:::: and granted Power of Attorney L.S.C. and Mission W15401 Hwy M Tigerton Dells, WI 54486 ,~ \. ~ l.,. '- ~, -- ec.CE STOCKER ""OP OF ENmOPETOTHE "GHT onHE RETURN .OORESS. FOCD "ODnED UNE .- ....... ... ï:ËRTiF'ËÖ' MÁïi-"""."" Life Science Church, Bible Camp and Christain Liberty Academy, Mission of Jesus Christ, Almighty God W15401 Rwy M Ti<1í.erton Dells, \.¡isconsin 54486 \\\ 111\\1111\1\11\ 1\ 11'\\\11 \1 /, ";:;t, ð- ~).. '>¿j;' <:Q, ~ ~.~ /" /). <~- <i? ð-'~ 2Zr ~~ <2~ ~ ~ ~ 'l1\\\\\\ tttt\Y't I \\f,.~\,t~1t\\ 7002 0510 0000 7671 2035 Allyn Dannhoff Director of Inspection Services 215 Church Avenue PO Box 1130 Oshkosh, WI 54902-1130 \. ...;;.:. j , \, ~\~IJ ~ a '\1 ~~ ~ ~ -< :< ~ c: or> '" . g-E;A- ~-<U11;h,~ :¡;...I::::o g~~ó;::-u w. z, ",zaa :'!...I::::o -<,;"',= ~ U11".J W ~ or> ß rri ~ OJH1<QfH ON THE WATER C;ty ofO,hl,",h Di",ion oflMpoçrion s.m", 215 ChnrehAvenne PO Box 1130 O,hko'¡' WI 54902-1130 Offi" 920.236-5050 Fox 920-236-5084 DONALD MINNIECHESKE LIFE SCIENCE CHURCH BIBLE CAMP AND CHRISTIAN ACADEMY MISSION OF JESUS CHRIST, ALMIGHTY GOD W 15401 HWY M TIGERTON DELLS, WI 54486 May 29, 2003 Re: 2836 Stoney Beach St. Dear Mr. Minniecheske; Thank you for your correspondence of May 20, 2003. I am aware that efforts are being taken to address the Nuisance Abatement Orders issued by the City of Oshkosh. On May 20th, 1 visited the site to see if progress was being made and met your son, Jim, on site. He infonned me that he had been hauling the materials, debris, etc. to the landfill and that plans were in place to reroof the house. Based on this infonnation we discussed methods that may expedite these processes. Regarding removing the various materials, junk and debris stored outside of the buildings, we discussed renting dumpsters for this purpose. The use of larger, 20-30 yard dumpsters would allow you to remove these materials quicker and save the wear and tear on your vehicles and trailers as you would not have to drive them into the landfill where tires stand an increased likelihood of being punctured by nails, screws etc. The use of dumpsters would also allow you to separate out metals from landfill materials so they could be sent to a scrap yard for monetary reimbursement. As I relayed to your son, this is suggested to speed along the process increasing your possibility of meeting the Abatement Notice deadline. A copy of Waste Disposal Companies listed in the Yellow Pages is included for your convenience. Jim also indicated plans were underway to reroofthe house. It is my suggestion that the Church make an overall assessment of the structures on this property to detennine the extent of repairs and improvements that are needed. Reviewing the assessment for this property, the structures (house and garage) have market value of$36,376, while the land has a market value of $77,600. It is suggested that you make an overall assessment of the repairs that are needed as you may find the costs to make repairs and improvements may be excessively high compared to the value of the structures. Many people facing situations like this find it is financially sound to build a new structure vs. repairing an old structure when the costs to repair are high as they have fonnd the property will be worth more with a new structure vs. a repaired old structure. Meaning, will the value of the property increase proportionately to the cost of all the necessary repairs? If you like, I would make time to meet with you on site to review your plans and assist with pointing out concerns and issues you may experience when remodeling and repairing this house. While your efforts to comply with Abate Notices have been noted, it is important for you to note the 30- day time frames for compliance. A reinspection will be made on Monday, June 16th. If the materials stored outside of the buildings have not been removed by this date, the City of Oshkosh will execute the Abatement Notice by removing the materials and billing the property owner for the costs of removal. By this date, this office will assess progress being made toward repairing the buildings on this property. If it is detennined compliance efforts are inadequate, the City of Oshkosh will petition the court for pennission to Raze and Remove these buildings. Please keep me infonned in writing of your efforts and progress in complying with the Abatement Notices. Your cooperation is appreciated. If you have any questions, please call me at 920-236-5045. Sincerely; Allyn Dannhoff Director of Inspection Services Enclosure Roofi~g.Rubbish 309 FUN RUBBER STAMPS AND ACCESSORIES IIV Insured. state certified. Free Estimates ROofing & Siding Specialists Insist on A professional . . NewCol1strÜction . Tear-.Offs !-ROofs . Rubber. Soffit. Fascia Any Repairs. Snow Removal ~920 235-0132 * ELKtI. 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See also An/ennas AKL 5ECURITY SySTEMS .---~----.,o 582-0314 ALTERNATIVE ENTERTAINMENT tNC --~____-877 361-6'" APPLECOM~ú~ff!A'iid':SdN""",g,; . 901 W Northl",d A' Appl -----'--920 832-9900 AUDID PL¿"š,o"p¡,YAdNOXrp,g,; Sol" 312 N K"II" O$h",h "---92O 235-8934 DESIGN ElECTRONICS C.Band' Dish Netwerk CUslom Audio I Wleo In""'alion 384 N Mo" p, d L --'-----1100 442-5012 225+ LOCALS Digital-Ouality picture & Sound CALL Aut;,or',,-e,; Þ.gent 1>11051,1 1-800-675-8668 Tho SBCAm""'" Y,UOWp"".- Th' ¡"" ,""YO' """wwrnwh"'Y" ",dto ,ot thiogs do". ~~~eCh Be there when potential,pusromers need youl Advertise in the sec" Ameritech" Yellow pages! sec. Amer,""h" ads Get Results. ,,'" 'Am",,~hP","'h,"9.'" "03 A B c D E G H K M N 0 p Q . s T u v w x y z - ".1U1æ1!ii!I!¡¡J<:;ii!~j¡- è. Violation(s) of at Document! Taken by Allyn Dannhoff Violation(s) of at Document! 2 Taken by Allyn Dannhoff Violation(s) of at Documentl Taken by Allyn Dannhoff Violation(s) of at Document! 2 Taken by Allyn Dannhoff Violation(s) of at Document! Taken by Allyn Dannhoff Violation(s) of at Documentl 4 Taken by Allyn Dannhoff Violation(s) of a! Documentl Taken by Allyn Dannhoff Violation(s) of at DocumentJ 6 Taken by Allyn Dannhoff Violation(s) of at Document! 7 Taken by Allyn Dannhoff Violation(s) of at Document! Taken by Allyn Dannhoff Iii "--"--" :i; it: "I Ii' I Iii 1 '-'--'-~--~--1: ~~~a¿:-_g~_î~-:-I o--1~,---"--,,-"--"-,,--_._,.,._PLf!~~_T ('4'." G"?".¡¿....,._~_.~m_. _._...~ .------- ,ii <S' è 'l:::t:!~;X ;.=,.-is.~!fL~ ~~~rÇfi:;¿Yý,!:I,'~-£ Ii I' ..,..---..--,.,--- ", :'Jf;;;' ~~_?Œý7_~,=i1~~~~~---"--,_._." '",-----, i', ¡i; =- AW~~'c.L__.___~~--- 1'1.:!~~ ~(~~_-__._.-.1 ! 1.:: è.'î iii ~J2ß.cd(';;;:_çp~?7(n 4r '- ii: M;!wa-<)k_~__g¿;t~~~3_- "",-- -,-----.,,----.-,---------- '>! ili 'il Ii! ~i iil ill ,I. Ii! 111 ,:: "' -..---------...--..,.---..-..--..,,------ i'! ----41 ---~ Iii ,-"---TIt---- -!- 'i¡ . ill ------31 ill iìl !I, ---J] "I ~ iii Iii ill -----+ 'I' m-' " Ii .. ----1it Ii! tJJ1rt£1 City Attorney's Office Phone: (920) 236-5115 Fax: (920) 236-5090 http;lIwww.ci.oshkosh.wi.us July 22, 2003 Attorney John M. Blaze! Spoehr Law Office PO Box 191 Berlin, WI 54923-0191 Re: 2836 Stoney Beach St- Order to Abate Nuisance and Notice Dear John: Enclosed is the file for the Order to Abate Nuisance at 2836 Stoney Beach Street which I discussed with you. We are still awaiting notice of service for one party with regard to the other parcel. We will send that to you as soon as we have proper notice. In the event you have any question, please do not hesitate to call. Thank you so much for helping us with this case. Yours truly, CITY OF OSHKOSH Lynn A. Lorenson Ass!. City Attorney Encl. Dannhoff, Allyn J. From: Sent: To: Ce: Subject: Kraft, Warren P. Saturday, July 26,20037:18 AM Dannhoff, Allyn J. Wollangk, Richard A; Kinney, Jackson RE: Stoney Beach Property Going through "old" stuff. With Dick's concurrence, Allyn, we sent this case over to Atty Blasel. While I think you know that, I wanted to make sure that you did. However, I would ask that you don't give out John's phone number so she can start bugging him and running up the bill. TNX, wpk -----Original Message----- From: Dannhoff, Allyn J. To: Kraft, Warren P. Cc: Wollangk, Richard A.; Kinney, Jackson Sent: 5/291037:53 AM Subject: RE: Stoney Beach Property Dick, this is in regards to Russell Nuemann's property at 2836 Stoney Beach Rd. I do not know who forwarded her, I did not and I spoke to her on Tuesday. I suspect she does not feel I was doing everything possible to address this property. Previously I spoke to her and toid her I could not do anything until all parties were notified of the order, including the IRS. She asked if I actually had to wait for 30 days after the IRS was notified vs. only waiting 30 days after the "church" was notified. I explained to her neither I or the city wants to lose a court battle on a technicality, so my process will be to follow the letter of the law as best as I can. While she conducts herself in an understanding manner, my gut tells me she has unreasonable time frame expectations. I expressed my concerns with her about this earlier this week, inquiring why this has now become such a pressing issue when no one from the neighborhood has complained in the past decade. In fact when this office did attempt to address this property a couple years ago, based on Mr. Dell'Antonia's referal, the neighbors called and asked that we back off the elderly couple. As the IRS was not notified until May 14th, we cannot address the junk and debris until Monday, June 16th. Having recieved a sarcastic letter from the "church," I would not be surprised if they take action to fight the order. Just last week I spoke with 2 gentleman from the "church" at this site. They were cutting the grass and had been removing junk and debris. I asked them to consider renting dumpsters to speed the junk removal process. They also said the church is looking at repairing the structures. I advised them to make an overall assessment of the structures to make an educated decision on repairing vs. rebuilding. I told them I would try to help them identify areas of concern if they wished. >-----Original Message----- >From: Kraft, Warren P. >Sent: Wednesday, May 28, 20034:58 PM >To: Dannhoff, Allyn J. >Cc: Lorenson, Lynn >Subject: Stoney Beach Property > >Your office forward Julie Ruck to us regarding the Rev. Neumann >property and Ms. Ruck vows to keep this on our radar screen. So keep >us posted > >TNX, >wpkraft >Oshkosh WI > AUG~88-2883 81:55 PM Milton Spoehr Connie Smits John M. Blazel 118N.Pear!St, POBox 191 Berlin, W154923-0191 Phone (920) 361-1777 Fax (920) 361-4447 DATE: August 8. 2003 TO: Allyn Dannhoff FAX NUMBER: (920) 236-5084 RE: 2836 Stoney Beach Road SPOEHR+LAW+OFFICE 928 3614447 P.81 SpOn:.~.f::y~ ":T"';':.~ ;!þ. Jé h vi FAX COVER SHEET -Of ~e (7. .. {J'1 D Q {~~:$' :;: e. ¡A.o'f"t'/ . þi~ ?~ø FROM: John M. Blaze! NUMBER OF PAGES, INCLUDING THIS PAGE:.1:. MESSAGE: Dear Allyn: Enclosed is a draft of the Petition that I have prepared. Please make any changes that may be required and return it 10 me. It if is acceptable, please leI me know and 1 will forward the original to you for your signature. Thank you. John M, Blaze! Tho """""cn.. a..ompanyin& this !elacopy tran,mi"ion contain infanna!ioa from sender, which i. confidcntialandlor privilegacl. Thi. information is inlanded to be for the usc of thc individual or entity named on this trBn,million.boct. If you"", not the intended recipient, be aw"", !hat any di,c1oourc. copying, diOlribution or use of !h. content, of Ihi. information i. prohibircd, and may .....itu!c an invasion of!he priv:u:y of the intended recipient Ify.. havc ..ceivcd thi, t.lecopy in error, pl.... notify us by lelephone immediately '0 thO! w. can ana..c for the retrieval oflh. original document at no coli to you. . AUG~08-2003 01 :55 PM 5POEHR+LAW+OFFICE 920 3614447 P.02 STATE OF WISCONSIN CIRCUIT COURT WINNEBAGO COUNTY Petitioner, PETITION FOR DETERMINA -nON OF NUISANCE AND ORDER FOR RAZE OR REPAIR AND ABATEMENT CITY OF OSHKOSH .and. CASE NO.: L.S.C. & BIBLE CAMP, CHRISTIAN LIBERTY ACADEMY, MISSION OF JESUS CHRIST, ALMIGHTY GOD WI5401 Hwy M Tigerton, WI 54486 CASE CODE: 30405, Other Real Estate UNITED STATES OF AMERICA BY TIlE INTERNAL REVENUE SERVICE 310 W. Wisconsin Avenne Milwaukee. WI 53203 WINNEBAGO COUNTY 415 Jackson Street Oshkosh, WI 54901 Respondents. Now comes the petitioner by Allyn Dannhoff and represented by John M. Blazel of Spoehr, Smits & Blazel, LLC as the attorney for the City of Oshkosh and states and alleges as follows: 1. That I, Allyn Dannboff, am the Director ofInspection Services for the City of Oshkosh. 2. That the City of Oshkosh is a Wisconsin Municipal Corporation with its primary offices at 215 Church A"enue, P,O. Box 1130, Oshkosh, WI 54903. 3. That L,S.C. & Bible Camp, Christian Liberty Academy, Mission of Jesus Christ, Almighty God, is a corporation with its registered office at W15401 Hwy M, Tigerton, WI 54486. Its interest is as record owner of the real estate that is the subject of this action. 4. The Internal Revenue Service oftbe United States of America is a body politic with its principal offices being at 310 W. Wisconsin Avenue, Milwaukee, WI 53203. The United State oC America has an interest by virtue of the seven tax liens which are attached to the subject property and which arc numbered: 3943,3944,1012682,1012683,1188552. \188553 and 1194133. 5. Winnebago County is a body politic with its address at 415 Jackson Street, P.O. Box , AUG-,"8-2""3 "1 :56 PM SPOEHR+LAW+OFFICE 92" 3614447 P."3 2808, Oshkosh, WI 54903-2808 and it has an interest in the property by virtue of delinquent real estate taxes for the years 2001, 2002 and 2003. 6, The Director of Inspection Services, Allyn Dannhoff, provided the above-named panies with an Order to Abate Nuisance and with a Notice to Remove/Abate Nuisance for the property at 2836 Stoney Beach Road in the City of Oshkosh, which is more particularly described as follows: The North 65 feet of Lot 13 and the North 75 feet of Lot 18 in Wright's Subdivision of Part ofSW 1/4 orNE 1/4 and part ofNW 1/4 ofSE 1/4 Section 36.18-36, being part of what is known as Stoney Beach, in the Town of Algoma. That part of Fractional Lot 3 of Section 36.18.16, described as fonows, viz: Commencing on the Westerly line of above mentioned Lot 18 at a point 25 feet Northerly of the Southwesterly (most Westerly) comer ofsaid Lot 18, thence Westerly parallel with the extended Southerly line ofsaid Lot 18, 26 feet, thence Northerly paranel with the Westerly line of said Lot 18, 7S feet, to the extended Northerly line of said Lot 18, thence Easterly along the extended Northerly line of said Lot 18, 26 feet, to the Northwesterly (most Northerly) comer of said Lot 18, 75 feet, to the place of beginning. Also a strip of land 2 feet wide, front and rear, adjoining the Northerly side of the above mentioned Lot 13, All being located in the Fourteenth Ward, City of Oshkosh, Winnebago County, Wisconsin, 7, That the Notice to Remove/Abate Nuisance is attached hereto as Exhibit A. 8, That the defects in the building which were noted in the Order attached hereto as Exhibit A are as follows: a. Deteriorated siding and siding applications b. Deteriorated chimney c. Deteriorated windows d. Cracked and peeling paint e. Deteriorated roofing £ Other conditions representative of lack of maintenance 9. That the Order to Abate Nuisance is attached hereto as Exhibit B. The violations of the Public Nuisance Ordinances set forth on the attached Exhibit B., are accumulations of junk, debris, lumber, appliances, building materials, furniture and other miscellaneous items/materials on the premises. ,AUG-~8-2003 01:56 PM SPOEHR~LAW~OFFICE 920 3614447 P.04 10. That the notice in Exhibit A and B was given to the parties. Proofofwhich is attached hereto as Exhibit C, D and E, Neither the owners nor any of the above-named parties have complied with the notice and remedied the defects. II. That the defects continue to exist on the property. WHEREFORE, the City of Oshkosh requests the following relief: A. For a determination that the building constitutes a public nuisance pursuant to Section 66.0413(2), Stats, B. For a detennination that the building and premises constitutes a public nuisance pursuant to Chapter 823, Stats. C. Eo directing the owners of the building to remedy the defect and make such ? repairs alternations may be required. D. For the Order to set forth a reasonable period of time by which the defects shall be remedied and the repairs and alteratio~s comPleted... .,. " . ~Ô E. For the Order to state that In the alternative If the buddIng IS not repaired wltilin the "--'. ¡¿¡¿ fÞI'{- time fixed by the court, Ii receiver will be appointed or the building inspector or other designated. (}¡:¿;!. .;,t officer will be authorized to proceed to raze the building. cf~1.--v-t: FF Od ... th bl' . "i..I.",¡J.k,; . or an r er enjOining e pu IC nUIsance. eft '\Í . '. J M . G. For such costs, fees and expenses as shall be allowed pursuant to Sections 66,0413, P ~- Stats.. and Chapter 823 or otherwise by law, H, For such other and further relief as may be just and equitable. Dated this - day of August. 2003. CITY OF OSHKOSH BY: Allyn Dannhoff Subscribed and sworn to before me this - day of ,20- Notary Public. State of Wisconsin My commission: Approved by: John M. Blazel, Attomey for City of Oshkosh Spoehr, Smits & Blazel, LLC ATTORNEYS AT LAW MILTONSPOEHR CONNIE SMITS JOHN M. BLAZEL 118 N, Pearl Street Post Office Box 191 Berlin, WI 54923-0191 (920)361-1777 Fax (920) 361-4447 August 11,2003 Mr. Allyn Dannhoff Inspections Services Division P.O. Box 1130 Oshkosh, WI 54902-1130 Re: City ofOshkoshIL.S.C. & Bible Camp Raze Order Dear Allyn: Enclosed is the revised Petition. Please sign it in front of a notary public and return it to me. Upon receipt, I will attach the exhibits and file with the court. Thank you. Sincerely, SPOEHR LAW OFFICE OM~~' ~ John M. Blazel JMB/tjg..- Enclosure STATE OF WISCONSIN CIRCUIT COURT WINNEBAGO COUNTY CITY OF OSHKOSH Petitioner, PETITION FOR DETERMINATION OF NUISANCE AND ORDER FOR RAZE OR REPAIR AND ABATEMENT -and- CASE NO.: L.S.C. & BIBLE CAMP, CHRISTIAN LIBERTY ACADEMY, MISSION OF JESUS CHRIST, ALMIGHTY GOD W15401 Hwy M Tigerton, WI 54486 CASE CODE: 30405, Other Real Estate UNITED STATES OF AMERICA BY THE INTERNAL REVENUE SERVICE 310 W. Wisconsin Avenue Milwaukee, WI 53203 WINNEBAGO COUNTY 415 Jackson Street Oshkosh, WI 54901 Respondents. Now comes the petitioner by Allyn Dannhoff and represented by John M. Blazel of Spoehr, Smits & Blazel, LLC as the attorney for the City of Oshkosh and states and alleges as follows: 1. That I, Allyn Dannhoff, am the Director of Inspection Services for the City of Oshkosh. 2. That the City of Oshkosh is a Wisconsin Municipal Corporation with its primary offices at 215 Church Avenue, P.O. Box 1130, Oshkosh, WI 54903. 3. That L.s.c. & Bible Camp, Christian Liberty Academy, Mission of Jesus Christ, Almighty God, is a corporation with its registered office at W1540 1 Hwy M, Tigerton, WI 54486. Its interest is as record owner of the real estate that is the subject of this action. 4. The Internal Revenue Service of the United States of America is a body politic with its principal offices being at 310 W. Wisconsin Avenue, Milwaukee, WI 53203. The United State of America has an interest by virtue of the seven tax liens which are attached to the subject property and which are numbered: 3943,3944, 1012682, 1012683, 1188552, 1188553 and 1194133. 5. Winnebago County is a body politic with its address at 415 Jackson Street, P.O. Box 2808, Oshkosh, WI 54903-2808 and it has an interest in the property by virtue of delinquent real estate taxes for the years 2001, 2002 and 2003. 6. The Director ofInspection Services, Allyn Dannhoff, provided the above-named parties with an Order to Abate Nuisance and with a Notice to Remove/Abate Nuisance for the property at 2836 Stoney Beach Road in the City of Oshkosh, which is more particularly described as follows: The North 65 feet of Lot 13 and the North 75 feet of Lot 18in Wright's Subdivision of Part ofSW 1/4 orNE 1/4 and part ofNW 1/4 ofSE 1/4 Section 36-18-36, being part of what is known as Stoney Beach, in the Town of Algoma. That part of Fractional Lot 3 of Section 36-18-16, described as follows, viz: Commencing on the Westerly line of above mentioned Lot 18 at a point 25 feet Northerly of the Southwesterly (most Westerly) comer of said Lot 18, thence Westerly parallel with the extended Southerly line of said Lot 18,26 feet, thence Northerly parallel with the Westerly line of said Lot 18,75 feet, to the extended Northerly line of said Lot 18, thence Easterly along the extended Northerly line of said Lot 18, 26 feet, to the Northwesterly (most Northerly) comer of said Lot 18,75 feet, to the place of beginning. Also a strip of land 2 feet wide, front and rear, adjoining the Northerly side of the above mentioned Lot 13. All being located in the Fourteenth Ward, City of Oshkosh, Winnebago County, Wisconsin. 7. That the Notice to Remove/Abate Nuisance is attached hereto as Exhibit A. 8. That the defects in the building which were noted in the Order attached hereto as Exhibit A are as follows: a. Deteriorated siding and siding applications b. Deteriorated chimney c. Deteriorated windows d. Cracked and peeling paint e. Deteriorated roofing f. Other conditions representative oflack of maintenance 9. That the Order to Abate Nuisance is attached hereto as Exhibit B. The violations of the Public Nuisance Ordinances set forth on the attached Exhibit B., are accumulations of junk, debris, lumber, appliances, building materials, furniture and other miscellaneous items/materials on the premises. 10. That the notice in Exhibit A and B was given to the parties. Proof of which is attached hereto as Exhibit C, D and E. Neither the owners nor any ofthe above-named parties have complied with the notice and remedied the defects. II. That the defects continue to exist on the property. WHEREFORE, the City of Oshkosh requests the following relief: A. For a determination that the building constitutes a public nuisance pursuant to Section 66.0413(2), Stats. B. For a determination that the building and premises constitutes a public nuisance pursuant to Chapter 823, Stats. C. For an Order directing the owners of the building to remedy the defect and make such repairs and alterations as may be required. D. For the Order to set forth a reasonable period of time by which the defects shall be remedied and the repairs and alterations completed. E. For the Order to state that in the alternative if the building is not repaired and the nuisance abated within the time fixed by the court, a receiver will be appointed or the building inspector or other designated officer will be authorized to proceed to ra2e the building. F. For an Order enjoining the public nuisance. G. For such costs, fees and expenses as shall be allowed pursuant to Sections 66.0413, Stats., and Chapter 823 or otherwise by law. H. For such other and further relief as may be just and equitable. tJ Dated this..L:r:.. day of August, 2003. BY: Subscribed and sworn to before me this ß:!:... of day o~, 201l2 ~~. Notary Public, State of Wisconsin My commission: 11-(,,-05' Approved by: John M. Blazel, Attorney for City of Oshkosh Attorney John M. Blazel WSB#1018059 SPOEHR, SMITS & BLAZEL, LLC P.O. Box 191 Berlin, WI 54923-0191 (920) 361-1777 a~-r-y T SPOEHR, SMITS & BLAZEL. LLC --- 118 N PEARL STREET P.O. BOX 191 BERLIN, WI 54923 STATEMENT DATE 10/22/2003 INVOICE # 1065 CLIENT CITY OF OSHKOSH A TTN: LYNN LORENSON P.O. BOX 1130 OSHKOSH, WI 54903-1130 TERMS FILE NUMBER Net 30 Quantity Description Rate Amount TITLE WORK UPDATE 50.00 50.00 SERVICE FEE L.S.C. & BmLE CAMP 65.72 65.72 [ Account NO.~. Gross Amo'M DíSCO~ !/Oo- 0 y~- ¿;f'~:f:J!:..O.9¿¡OO ! Ii lis. 72. iL_==J L-__-JI___.._J[--, I~ I ~o)n":'" tt .. I Vendor Numbel invoic3'.Number I Extension OK I I Total $115.72 SPOEHR. SMITS & BLAZEL. LLC 118 N PEARL STREET P.O. BOX 191 BERLIN, WI 54923 Clttrz £1 - rY!-- STATEMENT DATE 10/9/2003 INVOICE # 974 CLIENT CITY OF OSHKOSH ATTN: LYNN LORENSON P.O. BOX 1130 OSHKOSH, WI 54903-1130 Quantity Description CITY OF OSHKOSH V. LS.C. BIBLE CAMP TERMS FILE NUMBER Net 30 Rate Amount P!"ëJ re.e:..... - 253.00 17.00 17.00 4.88 4.88 Total Reimbursable Expenses RECORDING FEE CERTIFffiD MAIL Extension 0 K Total $274.88 SPOEHR. SMITS & BLAZEL. LLC 118 N PEARL STREET P.O. BOX 191 BERLIN, WI 54923 ~..() - /"Y.f STATEMENT DATE 10/9/2003 INVOICE # 1021 CLIENT CITY OF OSHKOSH ATTN: LYNN LORENSON P.O. BOX 1130 OSHKOSH, WI 54903-1130 . TERMS FILE NUMBER Net 30 Quantity Description Rate Amount CITY OF OSHKOSH V. SCHLENSKE FILING FEE 253.00 253.00 RCD/CERT LIS PENDENS 14.00 14.00 Total Reimbursable Expenses 267.00 I Account No. JGWSS Amount II Discouot I I /dO- O~!~.....Y"§~~~OOðØð , ¡ ó?n tiô Ii I h~~.~~~J ~ .~ ---"-~ r----. ----- I Vendor r~L:mber . Invoic.:',. Number i Extension 0 K I I Total $267.00 ~¿¿). æ: O20? /j'~~ CERTIFICATE OF SERVICE STATE OF WISCONSIN COUNTY OF FOND DU LAC No. Case # 200302694 PARTY SERVED. . HOERTH, CAROL A PERSON RECEIVING DOCUMENT(S). TITLE/RELATIONSHIP. DATE - TIME OF SERVICE. .10/07/2003 @ 16:09 (hours) PLACE OF SERVICE. .FOND DU LAC COUNTY SHERIFF'S OFFICE DOCUMENT(S) SERVED. .NOTICE TO RAZE AND REMOVE BUILDING The undersigned Deputy Sheriff of Fond du Lac County, State of Wisconsin, hereby certifies that on the date and at the place listed above, the party designated above was duly served by the undersigned officer. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Not Served: Comments: Current Address: +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Writ of: Comments: " +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Fees Tendered: ~ +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Service: ~ Attempts: ~ Other: ~ Total: ~ GARY M. PUCKER, Sheriff Fond du Lac County, Wisconsin By: ê ~~~~ CARMEN ELLIOTT #220 ~z .L2 ß! c2a? ~..J'~//A.- CERTIFICATE OF SERVICE STATE OF WISCONSIN COUNTY OF FOND DU LAC No. Case # 200302695 PARTY TO BE SERVED. . . . . .MARINE CREDIT UNION PERSON RECEIVING DOCUMENT(S) .DEB LAPPEN TITLE/RELATIONSHIP. . . . . .EXECUTIVE VICE PRESIDENT DATE - TIME OF SERVICE. . . .10/06/2003 @ 10:14 (hours) PLACE OF SERVICE. . . .201 WISCONSIN AMERICAN DR, FOND DU LAC DOCUMENT(S) SERVED. .NOTICE TO RAZE AND REMOVE BUILDING The undersigned Deputy Sheriff of Fond du Lac County, State of Wisconsin, hereby certifies that on the date and at the place listed above, the party designated above was duly served by the undersigned officer. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Not Served: Comments: Current Address: +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Writ of: Comments: +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Fees Tendered: ~ +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Service: ~ Attempts: ~ Other: ~ Total: ~ GARY M. PUCKER, Sheriff Fond du Lac County, Wisconsin By: ~ - ,~fI~ DE IS W. VIS #64 ~ ÞVL tZ.' ~ û4..~ ø; c.:2°o No. 200302695 Paper Received: 10/03/2003 FOND DU LAC COUNTY SHERIFF'S OFFICE 180 S. Macy St. P.O. Box 1273 Fond du Lac, WI 54936-1273 INVOICE A:cunt '~)~;2::~;JQ~~ NOUCE w ~E - _O~ ~~~ OSHKOSH CITY ATTORNEY r-::,"::=--=.:i1:~;;~=-~:f~ ~.~,. MARINE CREDIT UNION i._~~,or Number'! invc!C::~J¡J!1'E~! I EX¡e~~~~J To: OSHKOSH CITY ATTORNEY PO BOX 1130 OSHKOSH WI 54903-1130 Service of: Plaintiff: Defendant: AMOUNT DUE UPON RECEIPT $35.00 No. 200302694 Paper Received: 10/03/2003 FOND DU LAC COUNTY SHERIFF'S OFFICE 180 S. Macy St. P.O. Box Fond du Lac, WI 54936- INVOICE 1273 2-1-3-;-;-;---r-- Account No. ...1,1 Gross Amoun," II.. 01' t ]. I' ,scouo & :L.::::-O~/ Ý ~ ¿ '-I d=- 0 cJ 0 0 ð -.-----1 '3 ~ - ii J II -n f- '-~~~¡:i~=----l--J r t=t;: - . i .. --~ j3T). I"...' .... ADP.:er!I/cc OPPT UP9D 1'1 :--::::--'::::=~==~-=~'" I I I l.i2'.'_c!.\2': ;\:umber l.i~!(),;'2.~!U!1'j,er I Ex~CJ:l~'2"_O.!2J To: OSHKOSH CITY ATTORNEY PO BOX 1130 OSHKOSH WI 54903-1130 Service of: Plaintiff: Defendant: NOTICE TO RAZE AND REMOVE OSHKOSH CITY ATTORNEY HOERTH, CAROL A AMOUNT DUE UPON RECEIPT $35.00 "i ell.. :;;,J.. ~.'( '¡S.~o ¡., \k~d-&-~€-td~-- _72' /,'L~ L:LoßI-, "'--"'-1:J1i/r - - ----- ~~s~75--------- ---- ~--- t1&a-t-J . e,. ~- STATE OF WISCONSIN CIRCUIT COURT WINNEBAGO COUNTY CITY OF OSHKOSH, Petitioner and L.S.C. & BIBLE CAMP, CHRISTIAN LIBERTY ACADEMY MISSION OF JESUS CHRIST, ALMIGHTY GOD W15401 Hwy. M Tigerton, WI 54486 CASE No. 03 CV 0960 BR 4 CASE CODE: 30405, Other Real Estate UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE I 517 E. Wisconsin AvenuRECEIV D.' Milwaukee, WI 53202 E WINNEBAGO COUNTY , 415 Jackson Street DEC 0 5 2003 Oshkosh, WI 54901 Respondents. E.E\/V;O COUNTY r-~=-5~;;i CLERK OF COURTS CIVil/FAMILY DEPARTMENT OF BY AFFIDAVIT, COMMUNIT'Y DEVELOt"MI:.N I AMENDED ANSWER TO PETITIONER'S COMPLAINT AND DEMAND TO DISMISS CASE NO. 03-CV-O960 AND COUNTER TORT CLAIM AGAINST THE CITY OF OSHKOSH, ALLYN DANNHOFF, THE INTERNAL REVENUE SERVCE, AND WINNEBAGO COUNTY STATE OF WISCONSIN) SHAWANO COUNTY )ss COMES NOW the Respondent, L.S.C. & BIBLE CAMP, CHRISTIAN LIBERTY ACADEMY, MISSION OF JESUS CHRIST, ALMIGHTY GOD by Trustee, Donald J. Minniecheske who was granted power of Attorney and authority pursuant to Sec. 187.13 Wis. Stats. and being duly sworn on oath, and hereafter referred to as Affiant answers the Petitioners Complaint as follows: 1. Admits to Paragraph 1,2, & 3. 2. Affiant denies paragraph 4 on the grounds that the property owner has no tax liability to the I.R.S. and that the I.R.S. has Criminaly slandered the Title of L.S.C. and Mission property in violation of Sec. 943.60 Wis. Stats. 3. Affiant denies Par. 5 of the false claims of Deliquent Real Estate taxes for the years 2001,2002,2003 and is contrary to the treasurer's records which shows that all taxes are paid in full, see Exhibit "A" attached receipts. (1 ) 4. Affiant denies in part of par. 6 and L.S.C. and Mission have made a good faith attempt to correct the alledged defects. 5. Affiant denies par. 9, 10, & 11 based on the fact that the accumulation of junk and debris, etc. of the former resident Russell Neumann's personal property, with his permission, was hauled to the Oshkosh land fill site at a tremendous cost to the property owner because of the City's restrictions (receipts are available). THEREFORE, the frivolous Petition-Complaint by the City of Oshkosh should be dismissed with prejudice, based on the defective, false Complaint and based on res judicata because the same action was brought against the former resident, Russell Neumann at which time he was found "not guilty" by a jury of his peers, and so Affiant files a Counter Tort Claim for injury, as follows: NOTICE OF TORT CLAIM AND CAUSE OF ACTION I, Donald J. Minniecheske, Affiant the undersigned, do swear, declare and depose: I am of legal age, sound mind, and competent to make these statements herein: I have personal knowledge of the facts stated herein and all facts stated herein are true and correct to the best of my knowledge. Affiant hereby asserts my right to make a counter tort claim against the CITY OF OSHKOSH, Allyn Dannhoff, Winnebago County, and The IRS for all injuries and wrongings which Affiant received in his being, property and character completely and without denial, promptly and without delay conformably to the laws. This claim for injuries is based on the willful, deliberate, and intentional injuries with malice and aforethought by the CITY OF OSHKOSH AND ITS AGENTS for violation of Affiant's civil liberties and substantive rights to "..life, liberty and the pursuit of happiness." At all times relevant to the facts of this complaint the CITY OF OSHKOSH, Allyn Dannhoff acted with reckless conduct and total disregard of Affiant's basic (2) fundamental principles to enforce their will rather than the means. That Affiant states the nature and cause which compels Affiant to file this incontrovertible claim for injuries as follows: 1. That the CITY OF OSHKOSH, Allyn Dannhoff knowingly, willfully and intentionally, with malice, had the Shawano County Sheriff's Dept. serve Affiant, Donald Minniecheske with an Order, dated April 4, 2003 signed by Allyn Dannhoff, that the "..Accumulation of junk, debris, lumber, appliances, building materials, furniture, and other miscellaneous items/materials on the premises be removed within thirty days." That the junk, debris, etc. was the personal property of the former resident Russell Neumann who was ordered and forced in a nursing home by the City of Oshkosh's agents, and the Circuit Court. That with the permission of Russell Neumann, his personal property was removed and Affiant and other church and Mission members cleaned the area and hauled the debris to the Oshkosh land fill site at a tremendous cost to Affiant because of the restrictions of disposal by the City of Oshkosh. 2. That after the property was cleaned of its debris, the City of Oshkosh and Allyn Dannhoff posted the buildings with the same orders and Allyn Dannhoff insisted that Affiant tear down the existing home, which at the same time, the City of Oshkosh was assessing it at a value of $30,000.00 along with an existing garage which the City of Oshkosh assessed a value of $3,200.00. It is believed that it would cost about $33,200.00 to tare down and haul to the City land fill (Cost based on the rate of $20.00 per ton) and then be forced to build a new home and garage to the City's restrictions, are acts of racketeering inviolation of §946.82 Wis. Stats., and with Malice and Intent create more revenue for the City of Oshkosh and with Malice and Intent to raise the high property values for the City of Oshkosh. Which are acts of extortion as by the Supreme Court in the Judge Robert Crawford Case #00-0640-J and Cited state v. Dauer, 497 N.W.2d 766 (ct. App. 1993); (3) "Extortion may be committed if no property or money is transferred, but the victim is coerced to do some thing against his or her will"....... 3. That Affiant made a good faith attempt and signed a Application for help from Advocap, Inc. Rehabilitation Loan Application to replace the old furnace and water heater etc, only to find later that the Federal Government had cut their budget and had no money at the present time to fulfill the application and was informed that no help was available for at least two years. 4. That Affiant then requested a $40,000.00 loan from the First National Bank of Tigerton to remodel the property, which was ultimately denied because of a claim of liens by the IRS which clouded and slandered the Title to the property. ITEMIZE OF CLAIM I, Donald Minniecheske, Affiant hereby lay claim to the following injuries for the willful, deliberate and intentional injury caused by the CITY OF OSHKOSH, Allyn Dannhoff, Winnebago County and the IRS for the following: A. For injury by the CITY OF OSHKOSH and Allyn Dannhoff of extortion as set forth in this claim, Affiant demands and lays claim to damages in the amount of 2,000,000.00 (Two Million) United States Dollars. B. For injury by the CITY OF OSHKOSH, Allyn Dannhoff, and Winnebago County caused by the false claim in the Complaint of deliquent real estate taxes for the years 2001, 2002, 2003 when in fact they were paid in full, as shown by the attached receipts, Affiant Donald Minniecheske demands and lays claim to damages in the amount of 1,000,000.00 (One Million) United States Dollars. C. For injury caused by the CITY OF OSHKOSH and Allyn Dannhoff falsely claiming in their Complaint, that the accumulations of junk, debris, lumber, appliances, building materials, furniture and other miscellaneous items/materials on the premises continues to exist on the property, which is ( 4) an absolut~ fals~ claim and Affiant d~mands and lays claim to damag~s in th~ amount of 1,000,000.00 (One Million) Unit~d states Dollars. D. For injury caused by the IRS and their frivolous tax liens on th~ prop~rty, which have intern now cloud~d and sland~r~d th~ Titl~ of L.S.C. and Mission property, prohibiting th~ First National Bank to grant th~ $40,000.00 loan to remod~l the prop~rty, Affiant d~mands and lays claim to damages in the amount of 2,000,000.00 (Two Million) Unit~d states Dollars. Th~ total valu~ of this claim for damag~s in còmp~nsation for injuries is th~ sum c~rtain of 6,000,000.00 (Six Million) United Stat~s Dollars) and is to b~ made payable as just compensation to Affiant Donald Minni~ch~sk~ for the injuri~s stated her~in. Ev~ry p~rson is ~ntitl~d to a c~rtain remedy in th~ law for all injuri~s or wrongs which h~.may r~ceive in his person, prop~rty, or charact~r. Justice can only b~ maintain~d by a firm adh~r~nc~ to th~ Constitution for th~ United states of Am~rica and its protection of private property. Affiant, Donald Minniecheske will afford the CITY OF OSHKOSH, Allyn Dannhoff, WINNEBAGO COUNTY AND the IRS twenty (20) days from the day of servic~ to show cause why this claim should not be PRESENTED FOR IMMEDIATE PAYMENT. A failur~ to respond within the time allotted will leave Affiant no other recourse than to file suit in the UNITED STATES COURT OF FEDERAL CLAIMS for th~ amount set forth in this claim. day of Dec., 2003. ~~i??Z~~ ~LL W15401 Hwy. M Tigerton, WI 54486 ( 5) "'1NN£SAGO COUNTY, ,mCON5IN CIF DF 05~K[)5H l\!'n ¡;~E"L ESTATE HeX 5UMMPRY "INNEBAGû CITY OF 2m0" REnL E5Ti<TE TAX SUHMHRY 14 15.7 - [)Û"[) 1". - 149B - M.ü hr;,,! " 1415070000 Pare;,'l 4 141 "980ü[)Î! ¡SSION DF ,- S C ,1 BIBLE ISSIDN DF JESUS ;. c ,I 31 BLE CAMF/N "I CiJ-OWNEf:, L S C ,î BIBLE CI!Nf'/,j ,~;S HIGHWAY M Cü-ûWNF, L S C & BlBLë ':AMF'/M 15': ;¡'.54Ï!1 HIOHkAY M ¡IQERTON 54,86 .1 54.486 ;;;;,,=== f'RûFŒTY ¡;,DûRESS f'WFERTV ADDRESS =ó,=;===== 2B37 STl1'iF ßUiC;, STONEY BEriC" FTGFLOT13&A2FT OF LAND HL Y OF & AD; 5T THAT PRT OF GO"T LOT 3 ùESC fiS COM ON Nt! COR LOT 18 W ii \lR1SHTS SUB \lL Y eN EXi NL\; L IGF50LQ~ :'.ó FT SLY AT 75 FT -, ilLV LI LOT 18 NLV 75 " ;"""==~====== VGUf'AGE ;iOUFAGE "'C"========""= 1io1.-5c:",,01: 4179- ~l .~, [)i,,-SchoDÍ' ;:;179- ~1 .è; "'-'~-"'-' ; He:'-,?"':'" ,-".-. !ØI"~ UC-'" ,ó43~~ T-"'o" ln~" Tun}, GiJ¡;Ø~ ,'Œ)ø Imp,D".-; G::Gß 1mor"",'; f:.atic: ~,3247 Ratio, 0.32'-7 ¡r;~ere5' is Cahü1B;~d foc r:c",'rnt..:'f .!eo F.Ü:' Mar,.1.: ió.\øm ,.oj, N"ck:,t: I143fl~ l",.$;'er:, i,- Oalc";õtE'd ",r ':'Q'!:,.t~, 2í',ø :,:iT CUE Ai" "fiW n!,U:f'!CE I:MT DUt HM"- ?AIn GP.LANŒ To}; "0". "0 :,O" ,;t, ø.ffi~ ii ']ax 257Ó,25 2576."" ~,m; m.<. -- 5DOC. ,;ss ,",,)!) - Sp":o(. As, ¡'¡c:)d Tõ" ~.Œ,) N ..m" -- ~,,"ø N ø.~" 5poc. C"g DëL Ch:-9 ...ø N ~;~.c. Ch9 ,k" Oh", Pr fQr~$t Pi" forC'st ~.Ø¡;- !1."[) N ~. \;$ ¡!"od Toy ."ø¡¡ ,"terest ìJ.øø - Ù... Man. for, !ctc'rest ø.~¡; - r'3n. For" F'enalt¡¿ /;.ÍJŒ """"; t:; iU)1! :'GTALS 363.36 363.36 ._,'Œ TQrqLS 2"S76.iB ?S?¿'.,:i3 ,"Œ~ EXHIBIT "A" ¡¡f I; . h~. ¡' . !! ~ ¡! ~. ~! ~ ~: ~ . . E"EftA~ "".UI.53 LGONA SAN !TAR &.00 TATE CRUI T $I .304.75 mIA~~ t24.m:u mhy CREDIT 8es.m:u ~TAX ROLl:- OYNuMBER BILL NUMBER PROPERTY OWNER NAME PROPERTY ADORES' PROPERTY DESCRIPTION TAXES DUE uoe PHiLip C BELONG IE tee34 STONEY BEACH L07 IE AL80 A 2 FT STRIP OF LA NO 8LY OF & ADJ TO LOT la II II IIRIGHTS SUB - 150£9 ~A"D 18810N OF JESUS L 8 C & BIBLE INPY a836 STONEY BEACH TOT NLY 65 FT OF LOT 13 & A a FT S TRIP OF LAND NLY OF & ADJ TO N LI LOT 13 II II IIRIGHTS SUI "I" 15030 ~A"D JULIE J RUCK IHPY 2&4e STONEY BEACH DT :SLY 35 FT OF LOT 13 & NLY 1I!.5 FT OF LOT 14 II U URIGHTÐ SUB '500 15031 ~A"D ¡JOHN BURTON KIMG I"PY lae44 STONEY BEACH TOT eLY 37.5 FT OF LOT 14 II II IIRIO HTB SUB 1501 I~X~~I g¥N=¡~Ng~A ~~ YHE U U URI8HTS SUB LOT 15 1I03e ~A"D I"PY TOT 150e STEPHEN me,2T IIRI.Gfj 11033 ~AND RID FOUNTAIN " I"PY lEACH TOT .}1J~.cOF'4,OTc"1'7', U U ,. \ 1503 CLA¥TO: 2&n 8 U II"UR YT LOT 10~ M~'3J~fjy !LY mf'LaT.' 17 "I .,c, , '~\ Í'Ì "'.'"~'" .c" PAgE TOTA~" WARD PAGE RETURNE TREASURE .3.nu¡ 83.3S4.95 HI.S6 8.001 DATE PAID DELINQUENT REAL ESTATE MIS< 8.00 "'.HU~ 8".576.28 861,86 "'.m:~; 8e.756.59 861 .86 $I .644. 49.1O5/eo 81. lIe.10 &2.T~U~ &e.718.34 HI.86 8a.718.34 107115 8.001 85.nuv 85.693.49 HI.86 85.693.49 101/30 8.00: 85.m:T~ 85.313.74 &5,313.74 85.313.74 11a/31 &.00 &".nn; 8e.483.39 891.86 H'.47 HI. 86 8a.644.7! 10511e 8.00' U3.t76.01 8'.lIe.10 !ir n h' !~ ~ .\ j, . ~! ~ : ~: ~ , NUMBER BILL NUMBER PR,f,fO":,);ii!'X~~~~~E I KIND PROPERTY DESCRIPTION 16035 LIIND DF JE8U8 L 8 C & BIBLE IlfPII ONEY BEliCH OT on.. - uT OF GOIIT LOT 3 DE8C A8 COif ON Nil COR LOT 18 II II IIRIG HT8 8UB liLY ON EXT NLY LI OF S °F!¡O~L.~8ÁTII=/~T =~YF~TT~/~Lyir I LOT 18 NLY is FT TO BEG ALSO N is FT OF LOT 18 II II IIRIGHT8 SUB 16036 ~A~e OT 1508 _ULIE J RUCK ¡S41 STONEY BEliCH THATPRT OF GOIIT LOT 3 DESCAS COif ON 811 COR LOT 18 II II IIRIG TS SUB liLY ON EXT SLY LI OF S DF!¡°fo 1 :h6~L~TLVL~0~T 1:/AEHO 34 FT ON SO EXT NLY 1.1 SLY liT R/II 75 FT EL.Y liT R/II a6 FT TO liLY LI L.Oi 18 SLY ON 80 IIL.Y U as FT TO BEG IILSO 8 115 FT OF LOT 18 II II IIRIGHT8 SUB ISIS 1603T W"ND 'JAlfES II/IIICKI B RUDDYIIIAYNE IfU IlfPII STONEY BEliCH OT E I/a SEC 36 THAT PRT OF \lOYT LOT 3 DESC liS 8 10FT N 40 FT LYING SLY & IIDJ & PARII TO L.OT 6 II II IIRIGHTS SUB & LVIN\I ELY OF STONY BEACH AYE & liLY OF LII E IIINNEBA\lO 1603$ ~A~e OT 1516 JAlfES II/YICKI B RUDDY laS04 STONEY BEACH E 1/2 SEC 36THIITPRT OF \lOYT LDT 3 DESC AS N 50 FT OF S aoo FT LYING NLY & IIDJ & PIIRII TO LOT 7 II II IIRIGHTS SUB & EL.Y OF STONY BEliCH IIYE & liLY OF LIIKE IIINNEBAGO ASSESSED VALUE FIX," BY BOARD OF REVIEW 810,100 n,aoo 813,300 86.000 ".000 $12,000 TAXES DUE .5 uo ¡"NERIIL hoo TATE CREDIT 65,1100 ET TIIX OTIIL m:m $118,1100 ~II"" TOTIILS ENERIIL LGOHII SANITAR TIITE CREDIT EXT TAX PECIIILS OTAL OTTERY CREDIT WARD $381!.3$ "'.02 8363.36 n63.36 $345.00 817.16 8327.S4 83e7. S4 8147,50 87.44 " 411 . 06 $14e.06 $3.ilU~ 83,1!I!9.ee $J,e!!9,lIe 84.£75.13 $.00 $eI2,6$ $4, 062.4S $.00 $4,062.48 $.00 PAGE *81. 15.~e;e5 'Ha.06 112/10 n.2a9.22 112/31 $3.815.79 DELINOUENT REAL ESTATE $ .00 $246.69 $.00 $.00 te46.69 RETURNED FOR COUNTY TREASURER'S COLLECTION MISCELLANEOUS SPECIALS $.00 $.00 $.001' $,00 $.00 I ÄX ROLL ,I;' ¡ ¡¡' ild- 0 ' . '.¡ .1' i.' - ! ~ ~ I : " ~- ll' - 'UMBEA BILL NUMBEA PAi',{5t'~OWJj¡,~:rE I KIND PAOPERTY DESCAIPTION ~3~íí 158" ~AND OF JESUS L S C 6 BIBLE "PV - _TONEY BI!ACH OT II IIRIGHTS SUB NLY 65 FT OF L 'T 13 & A a' STRIP OF LAND NLY OF & AÐJ TO 1'1 LINE LOT 13 14" 15900 ~AND ULIE J RUCK "PV S4a STONEY BEACH OT II IIRIGHTS SUB SLY 35 FT OF L T \'3 6 NLY la.5 PT OF LOT 14 .SOO so FT +,- 1500 15901 OHN BURTON KING 844 8TONEY BEACH IIIIRIGHTS SUB SLY 37.5 OF LO 14 4.650 so FT +,- U~~EN'SOLFRID FOUNTAIN 8~ellmm B~aC~OT 16 6 i'lL Y I e OF LOT 17 10.730 so FT +,- Uln 15904 ~AND LAYTON L GEORGESON I"PV 854 STONEY BEACH OT II IIRIOHT8 SUB THAT PRT OF 00 T LOT 3 DESC IN DOC 5!19093 R 'F 0 LYINO ELY OF ELINE 6 EXT E LINE STONY BEACH AVE ALSO S Y "a LOT 11 WARD TAXES DUE £HERAL U.Y3Uf TATE CREDIT ET TAX n.356.45 OTTERY CREDIT *66.00 I!HERAL .a.nUT TATE CREDIT I!T TAX ,a.554.58 OTTERY CREDIT '66.00 I!HI!RAL 'a.mJ~ TATE CREDIT ET TAX 'e.733.38 OTTERY CREDIT *66.00 'a.TU:U ,a.695.45 *66.00 '!I.nu~ '5.UU~ 's.m::1 tS.e69.00 '5.e69.00 ENI!RAL '2.nu~ TATE CREDIT ET TAX 'a.~tU' UNPAID IIIITER UNPAID SEilER '217.40 OTTERY CREDIT 666.00 PAGE TOTALS ENERAL '£6.076. 3S LGOi'lA SANITAR 6.00 TATE CREDIT tI.3S9.49 ~~~Ixe~ t24.UU~ SmRY CREDIT m.~3Ua P""", PAGE AETURNED FOR COUNTY TREAsuRER'S COLLECTION DATE PAID DEUNQUENT REAL ESTATE MISCELLANEOUS SPECIALS SPEC HELD IN '3.356.45 ~2'as 6.00 '.00 '.00 6.00 '.00 6.00 '.00 6.00 I '.00 6.00 6s.a69 .00 hanl I 6.00 6.00 6e.949.'3!1 ~a'a8 '.00 6.00 625.a03.76 6.00 6.00 . ÄX ROLL '1'1 . i',r ! i I ¡ .~: .r ! ~ . . ¡ I ~- !I' - lUMBER BOLL NUMBER PR'?~Jri#'~~\\e~E I KIND PROPERTY DESeR'PTION 158" ~AND ____n OF JESUS L S C & SISLE IHPV 836 STONEY SEACH OT II IIRIGHTS SUS NLY &5 FT OF L T 13 & A E' STRIP OF LAND NLY OP . ADJ TO N LINE LOY 13 14" 15900 ~AND ULIE J RUCK IHPV 84E STONEY BEACH OT II IIRIGHTS SUB SLY 35 FT OF L T 13 . NLY IE,S FT OF LOT 14 ,BOO SQ FT +/- Inol LAND IlHPV OT OF LO IStoe \A~e -OT Hloe ISt03 ~AND TEPHEN/SOLFRID FOUNTAIN HPV 851! STONEY BEACH OT 1/ I/RIGHTS SUB LOT U & NLY I I! OF LOT 17 10.730 SQ FT +/- ~~~v 1503 15904 ~AND LAYTON L GEORGE8011 IHPV 854 STOllEY BEACH OT 1/ IIRIGHTS eUB THAT PRY OF GO T LOT 3 DESC IN DOC 55tOn R F D LYING ELY OF ELINE & EXT ~ \}~EL3~On BEACH AVE ALSO S ASSESSED YAWE"XED BY BOARD Of REVIEW m'ug fl23:900 "4.300 '30.000 '94,300 TAXES DUE n.fáUf n. 356 "'5 US,OO ,e,n5,Of '140.51 'E.554.58 "',00 '46" 00 ~ENERAL '2.nu~ f54,SOO TATE CREDIT '100.900 ET TAX 'E,733,38 OTTERY CREDIT ,",00 n6.900 ~ENERAL ,a.TUJA f,E.600 TATE CREDIT f 9,500 ET TAX 'E,UU~ OTTERY CREDIT '50 000 ~ENERAL '15e:400 TATE CREDIT fE08.400 ET TAX OTTERY CREDIT us.OOO ,IU.500 "'4.500 nl! 000 IENERAL '58:900 TATE CREDIT "0,900 ET TAX , UNPAID IIATER UNPAID SEilER OTTERY CREDIT PAGE TOTALS f!5.m:&¿ '5.645,55 f",OO '5.~iUI '5.En,00 '5.En,00 f2.nu~ 'a.~~U, 'a17.40 "'.00 WARD PAGE '5.an,00 a/31 'E.949,35 ~E/as ENERAL n6.0n.3s LGOHA SANITAR f,OO TATE CREDIT $1.359.49 ~~~II~~ f24.utn smRY CREDIT m.i3Ut fa5.eO3,76 ,,~. RETURNED FOR COUNTY TREASURER'S COLLECTION DELINQUENT REAL ESTATE MISCELLANEOUS SPECIALS SPE, HELD II '.00 ',00 '.00 '.00 ',00 '.00 f,OO f,OO f,OO f.OO f.OO f.OO f.OO f.OO f.OO f.OO X ROLL -REAL ESTATE 'MBER BILL NUMBER PRp<¡."ðI'E¡t,.$",(':',í,'I.~tSME KIND PROPERTY DESCRIPTION t\ OF LO 1501 JOHNICONSTANCE LEYItE 2846 STONEY BEACH W W WRII:HTS SUB LOT IS 15848 lLANO I"PY TOT ISO STEP 2S52 W W '- 12 OF 158n lLANO RIO FOUNTAIN I"PY BEACH TOT - SUB LOT 16 & NLY 1 IT lo,no sa FT +1- 1503 15850 lLANO CLAYTON L OEOROESON I"PY 2854 STONEY BEACH TOT W W WRIOHTS SUB THAT PRT OF t:0 YT LOT 3 OESC IN DOC 559093 R OF 0 LYINO ELY OF ELINE & EXT E LINE STONY BEACH AYE ALSO S LY 1/2 LOT 17 ¡"I'll TOT 15851 lLANO ------stIBLE CHURCH I"PY 3~~~ WIIY=~~8BIO~TItAT PRT OF t: TOT OV'T LOT 3 DESC A8 CO" ON NW C OR LOT 18 W.W. WRIt:HTS 8UB WLY ON EXT NLY LINE OF 8AID LOT I 8 e6 FT SLY AT RIA 75 FT ELY A TRIA 26 FT TO WLY LINE LOT 18 NLY 75 FT TO BEt: AL80 N 75 FT OF LOT 18 1508 1585e lLANO DONALD P RUCK ETAL I"PY 2841 STONEY BEACIt TOT W.W. WRII:HTS 8UB THAT PRT OF I: OY'T LOT 3 D£SC AS CO" ON SW C OR LOT 18 W.W. WRII:HTS SU8 WLY ON EXT SLY LINE OF SAID LOT I 8 eo FT NLY AT RIA 100 FT TO E XT NLY LINE LOT IS ELY 34 FT 0 N SAID EXT NLY LINE SLY AT RIA TS FT ELY AT RIA 26 FT WLY LI NE 25 FT TO BEl: AL80 S 25 FT 0 CONTINUED ON NEXT PAt:E .. " -CITY OF OSHKOSH-COLLECTION EOOI ASšËšSËÕ VALUE FIXED BYaDARD OF REVIEW t62:600 STATE CREDIT '~nŠ3:¿3 8",500 . ijhtt~ CREDIT f2':~~j~ TAXES DUE 850,000 ¡GENERAL 8173.400 STATE CREDIT 8223.400 NET TAX LOTTERY CREDIT n8.000 ¡t:ENERAL 8IU.SO08TATE CREDIT 8194.500 NET TAX TOTAL 83e.ooo ¡GENERAL 850.nG STATE CREDIT 882.900 NET TAX X UNPAID WATER Y UNPAID SEWER LOTTERY CREDIT 810 100 [GENERAL 83:200 STATE CREDIT 813.300 ~nAlAX 86,000 ¡GENERAL U.OOO 8TATE CREDIT 812,000 NET TAX TOTAL UNERAL ALGO"A SANITAR STATE CREDIT NEXT TAX SPECIALS TOTAL LOTTERY CREDIT PAGE TOTALS n.nu~ 85, 692 .23 856.33 85,æ:55.39 8299 .53 84,955.86 H,955.S6 u.m:u 8e,112.29 895.88 U6 . 97 856.33 8359.37 820.48 833S.89 n3S.89 8324.24 81S.48 n05.76 n05.76 816.903.72 8.00 8963.43 m.r:u~ m.I2U: WARD 14 PAGE ..ill DATE PAID 82.535.26 ~7/30 85.6ge.23 101/31 84.955.86 105/29 82.275.14 112/27 8305.76 107131 816,103.14 DELINQUENT REAL ESTATE RETURNED FOR COUNTY TREASURER'S COLLEDTlDN 8.0 8.0 MISCELLANEOUS SPECIALS 8.0 8.0 8.0 '.0 CI' 14U DONALD E BASLER STONEY BEACH II II IIRIOHTS SUB LOT 7 15S41 I\A~e TOT 1494 15S4e ILAND JOHN V NICHOLS IMPV STONEY BEACH TOT ~Mlllmon~ ~~MgTR30~Cgo~M 0 NLY 10 FT OF LOT S 1,450 SO FT +/- 1496 15S43LAND JACK II/JOAN SCHLOESSER IMPV 2S30 STONEY BEACH TOT II II IIRIOHTS SUBD SLY 45 FT LOT OBÅI4A¡~ g~R'ï~T8F91.1ß6IBH¿~k= LOTSSI 9. KIND 1497 ISS441LAND PHI,LIP C BELONIUE 'IMPV 2S34 STONEY BEACH :rOT II II IIRISHTS SUB LOT 12 ALSO A 2 poT STIUP OF LAND SLY OF I AD J TO LOT 12 6.300 SO FT +/- 15S45 ILAND 2 BASIC BIBLE CHAM INPV Y BEACH TOT uwSSUBNLY 65 FTOF L' I A 2' STRIP OF LAND NLY ADJ TO N LINE LOT 13 1499 15S46LANO DONALD P RUCK ETAL INP,V 2M2 STONEY BEACH TOT II II IIRISHTS SUB SLY 35 FT OF L OT 13 I NLY 12.5 FT OF LOT 14 5,SOO SO FT +/- " Iii, -CITY OF OSHKOSH-COLLECTION eOO! ASSESSED I v~~UgÄ~~D TAXES DUE OF REVIEW PAGE .!.!.! DATE PAID DELINQUENT REAL ESTATE PAGE TOTALS GENERAL *20.-051.55 ALDONA SANITAR '.00 STATE CREDIT 61,142.84 NExT TAX 618.90S.71 SPECIALS 8.00 TOTAL 6IS,90S.7'1 LOTTERY CREDIT t2e5. 32 61S,90S.7! RETURNED FOR COUNTV TREASURER'S COLLECTION MISCELLANEOUS SPECIALS 6.0 8.0 8.0 8.0 8.0 6,0 '.0 8.0 '.0 '.0 '.0 , .0 -~. - .;::[; ~ /l{1.. ~h e.s-k=~'^: --ø~~ 7 /..ç- .5.-~ç,/~J~ :Do,,", ;t1, . .., """ .... "'.... ........-.."..............................................."..."........--.......r--~"-'-""""'--"""""" . .il~_~.l.!tJ '!;!=:J . 8"2. 'i 7" ::":"ffF¿¡ /¡;r~ð" Þlar~"'f~' ~ .~...17?. c?& ...~...~ l1i H! m in iH ---____~~r 'i>le .é~-~-::::-------- 111 ----+tì- ___H?fK~e~~ ~~ -~ ~-~-~ ~-:._--- --~ ....::J.~--~----_.._...._.__._----_._--_._------_._-------------.....---...-------.--- HI --r--- .f ", I-~wer. W . . :¡it-w"';'--rI!;.¡;.;,,---- d..:r-. .-JÁ'-" (ò~ / ./ '- . / .I...t ~ á' ~ i.¡;----(-"~l-~-. -:-__"T-_;6...Yj.~'f-......'."F.-.c./[_I...-.-...~..-......1:=--=. -..-.--....-.-.......ç.,.-...... .:.~". ..... .,::! ~'I------i~£..........---:-tl ~-~I '~"7'~ Á~-J "I ~( ~ r 4 ~ -7'--'-" ~" . .-, HI-- -.. ...._--_..._-~ --~~q--- -"¡;"-------------'----- ¡Ii - '{ !II ---- .Ii! - --..- .._--+~~_.. 'ß_L_-~ ~.._~~..f~__- -------lli 'I,. id 1: iil Hi 1 ..; :f%~ ---------..-- - ..---- ---....-. --- -----...--.---.-..------ 'H HI Hi 111 j¡¡ Jm ,ii ¡¡¡ HI ijj J¡¡ j;¡ iii --, 1Iî HI ¡¡¡ !I! 'iti ;d ..-----..--- , ~, n¡ ------"---"'--.i; ------ Iii --.-----------------.. -------..---.- -.----. -'-'---'---'------'-----"-- ------ --. ¡ , ,'" ---.--------------.------------.-..- -------~.._-_.- . rf{¡l~1 ---5:.foMl :Z~~~h- Ü'r~ .Nr-'lJ ~ 4-rtnll!'( - .c-kJ te' "-e~ ~ ¿Çd~l SU>( f- - l!4><h.r{,'~ &>C1~', / - ¿'r:f ~f reCk ~lr- ~ur'I,~1 ØA ~e r w,l! Je c.,,~'¡4-<=-'¿;c':j )L,(W.,. ~f¡(N'I7 10 -kt'/.of- . ~ rr'~{."~m. . /l7~ J:~';- ~ I ~f. '" , Dannhoff, Allyn J. From: Sent: To: Subject: Kraft, Warren P. Monday, July 05,20049:10 AM Wollangk, Richard A; Lorenson, Lynn; Dannhoff, Allyn J.; 'Blazel, John'; Zamzow, Louise R; Spiegel, Paul RE: stoney beach Neumann property From a legal standpoint, Dick, unless John has some additional insight, we are doing as much as the "system" will allow us. When I chatted with Ms. Ruck many months ago, she promised that she would become a constant reporter of these activities until the neighborhood achieved the desired result -- complete elimination of the situation. TNX, Warren P. Kraft City Attorney Office 215 Church Ave I P. O. Box 1130 I Oshkosh WI 54903-1130 (920) 236-51151 (920) 236-5090 fax wkraft@ci.oshkosh.wi.us IMLA Regional Vice President Washington DC 20005 ---..Original Message..... From: Wollangk, Richard A. Sent: Wednesday, June 30, 2004 3:55 PM To: Lorenson, Lynn; Dannhoff, Allyn J.; 'Blazei, John'; Kraft, Warren P.; Zamzow, Louise R.; Spiegel, Paui Subject: RE: stoney beach Neumann property What can we do? ---Original Message----- From: Lorenson, Lynn Sent: Wednesday, June 30. 2004 1:37 PM To: Dannhoff, Allyn J.: Wollangk, Richard A.; 'Blazei, John'; Kraft, Warren P.: Zamzow, Louise R.: Spiegel, Paul Subject: stoney beach Neumann property I just had a conversation with Julie Ruck (426-1707) who lives next to the Neumann property on Stoney Beach, She was questioning what is taking som long on this. I explained that we are in federal court and that we are therefore on their schedule at this point. She is obviously frustrated, but seemed to understand that. She did state that there are some members of the family from Tigerton that periodically are coming down to stay at the Stoney Beach property, She said that they use the fireplace in the property and are burning garbage in that. She also stated that the sewer and water to the property was cut off and that they are getting water frorn a well on the property and carrying it into the house in buckets, They are also carrying waste from the house and dumping it in the lake, She stated she has also seen them outside peeing behind the garage, They apparently come down periodically and on no particular schedule but sometimes stay 3-4 days at a time, She is questioning whether there is anything that can be done about this, She is willing to let us know when they are there, I explained to her that I would forward this information and that I would be out of the office until the week of July 12th, I spoke with John Blazel on this issue this week and we are waiting for the court to schedule the matter for trial. In addition, he has been trying to contact the attorney for the church to see if there is a resolution that we can reach short of trial (and quicker) but is not getting cooperation in that regard. Any suggestions on what we want to do? thanks, Lynn ~f~- 2-?3¿' $"JoJ{; Z e~ { ~ -'- ¡:~(.. ~ U.~. ~/~ --- US:,C/ leel a1.~ Þ.u /pI Cft.,'#'! ..-'..."", 4 e::r r-~J. J-/f--; us' iA>~ k :S:j>[o{. ~ 1-~ 7 ~~. Page 1 of 1 Dannhoff, Allyn J. From: Spoehr Law Office [spoehr@vbe.com] Sent: Friday, April 22, 2005 10:27 AM To: Dannhoff, Allyn J. Subject: Update on Stoney Beach property Allyn- I spoke with the U.S. Attorney. I was correct. We are waiting on the judge to sign the order from the last hearing. It has been on his desk for quite some time. The U.S. Attorney indicated that she was going to be in court in Milwaukee next week and that she would stop by and talk to the judg'e clerk about moving this matter forward. We can't do anything until the judge signs that order. I did explain to her that the property smelled and the neighbors were beginning to complain. 1 will keep you appraised as I hear anything. Thank you. John Blazel Spoehr, Smits & Blazel, LLC This e-mail and any attachments may contain privileged and/or confidential information. This e-mail is intended solely for the use of the individual or entity to which it is addressed. If you are not the intended recipient of this e- mail, you are hereby notified that any copying, distribution, dissemination or action taken in relation to the contents of this e-mail and any of its attachments is strictly prohibited and may be uniawful. If you have received this e-mail in error, please notifty the sender immediately and permanetly delete the original e-mail and destroy any copies or printouts of this e- ail as well as any attachments. To the extent representations are made herein concerning matters of a client of the firm, be advised that such representations are not those of the client and do not purport to bind them. 4/22/05 Page 1 of2 Dannhoff, Allyn J. From: Dannhoff, Allyn J. Sent: Wednesday, June 08, 2005 9:01 AM To: 'Spoehr Law Office' Subject: RE: Update on Stoney Beach property John; Has any progress been made on the Stoney Beach Property? If not, can you please provide me the following information:? What is the Status? If we are still waiting for the judge to sign the order, how long has it been in the Judge's office awaiting the signature? Who is the Judge? Case Number or reference number? Judges office phone number, fax number and e-mail address? The neighbors are quite concerned about the amount of time it is taking to obtain the judge's signature to complete the demoiition. They are prepared to start contacting his/her office to see if that would help push this along. Additionally, does the IRS want me to take care of the demolition? If so, it would be beneficial to get this permission arranged in advance so I can fast track this when the judge signs the order. Just need them to give us written permission and agree to reimburse the City for all demolition costs. Thanks. Allyn ps. I will also be sending inquiries about other cases shortly once I have reviewed my files to see which ones I need an update on. -----Original Message----- From: Spoehr Law Office [mailto:spoehr@vbe.com] Sent: Friday, April 22, 2005 10:27 AM To: Dannhoff, Allyn J. Subject: Update on Stoney Beach property Allyn- I spoke with the U.S. Attorney. I was correct. We are waiting on the judge to sign the order from the last hearing. It has been on his desk for quite some time. The U.S. Attorney indicated that she was going to be in court in Milwaukee next week and that she would stop by and talk to the judg'e clerk about moving this matter forward. We can't do anything until the judge signs that order. I did explain to her that the property smelled and the neighbors were beginning to complain. I will keep you appraised as I hear anything. Thank you. John Blaze! Spoehr, Smits & Blazel, LLC 6/8/05 Page 2 of2 This e-mail and any attachments may contain privileged and/or confidential information. This e-mail is intended soleiy for the use of the individual or entity to which it is addressed. If you are not the intended recipient of this e-mail, you are hereby notified that any copying, distribution, dissemination or action taken in relation to the contents of this e-mail and any of its attachments is strictly prohibited and may be unlawful. If you have received this e-mail in error, please notifty the sender immediately and permanetly delete the original e-mail and destroy any copies or printouts of this e- ail as well as any attachments. To the extent representations are made herein concerning matters of a client of the firm, be advised that such representations are not those of the client and do not purport to bind them. 6/8/05 Dannhoff, Allyn J. From: Sent: To: Cc: Subject: Capen, Mary Monday, June 13, 2005 12:38 PM Luedtke, Bruce A. Krahn, Nicole R.; Dannhoff, Allyn J. 2836 Stoney Beach - complaint Jack Schlosser (living at 2830 Stoney Beach) wants to know what is being done about 2836 Stoney Beach - Neumann house. Jack states the house is caving in and the weeds are high. Jack would like a call back at 235-7770. £vi ary C clþ e¥\/ City of Oshkosh Inspection Services Div. Office Assistant -- - -'---'""--,.,--- ,, --'-"----- %/~- -_..,-----~ , 87;;/~;;- . -r;k~Ji~~-;17~¿;;i<~fr,-j;ø-'=~~~~~== "--"---"'-"- _...._,._-"..._.__._----_._--,-_....::s~j-=l.1-.?,.z..., "..1',.._.-.-.-... ..-" ...,.-. '-."-.,.......-,-..---., sW Ge1Þ~ b,~ _10 'De~-!v--rPter::7' --,,-.--.-- ----_____.m_.__..-.,-."...- -------. ,... .-"'."'----~-""-"."-.""-'--"'-"..'--~----'_._' - - _.._._-_._-~- dõkV'- ÞQ~E ~ ~-e(& t.r-ot,-~~ ffp-<)tr:---.~._._. -...-,-..,.-.-, ---.....-.----':...- :~~;¿¡1t¡;~~l~a.l';_(/1är.~~'1-'t'.9'" tJt ----- ------ --'-."--'--"."-,.".--.-,.""""",-,-"",, """....,.....,.._..._._,--",-.,,--, ""--'--"',"-'.- ---,_. -'-------"---- jU~ /:;.O~~~)r~f.p .(e._:s-~/1._d.= ~,~---_._- '--'._.._- ---- ~~ ~ ' ,.=... .í""-_.f\.r?J..:Z3..1A.2k.$ ~~e.'~:s~~ - -"---'--'- ~~'~.~~ 1w.~~~I~~...~~_~e..~ ~-......-_.._--_. ". ..--------- _._~.,. "..- i~_1.'.è;:__f4ø~ i-tl~,.-------_.._-~- ----- ----..,...- ., '---'--'--' ,---- - (:'" ...... '----'--'---"'---'--"'-----'--"'-------'-'-"'--'-'-----_._-,~-..__._- .._._.~ _!...~., Þ-t1!!2__i:.~.., .ÞU.~-,Y-~ ...- £1~__t.(:..Jh.~~e\..._____..__._.._._-- , i ,-,-.._",_._- ~ø-~-=--~.~. .,.~ Ji__/j~~.r._-----..._.__. tVL;::{, Lf- !~_.T~____._--_.._----- - 5~~3'._. --.- -~=~~~= - ._-. -- .=.Ve kL£ !-e -s.,. ,....':L.._.___-_._.__._-~- ._~-._--.~-_.__.._,_._---_. ------,._. -----'---e-- :£: ~.._~.- ~~-,--~~-~ --_._-'---,-- - ,------ --,---- Spoehr, Smits & Blazel, LLC ATTORNEYS AT LAW MILTONSPOEHR CONNIE SMITS JOHN M. BLAZEL 118 N. Pearl Street Post Office Box 191 Berlin, W154923-0191 (920)361-1777 Fax (920) 361-4447 September 27,2005 Mr. Allyn Dannhoff City of Oshkosh Director ofInspection Services P.O. Box 1130 Oshkosh, VVl54903 RE: Oshkosh v. Bible Camp Dear Allyn: Enclosed is the Order to Raze and Sell that Judge Adelman signed in this matter. During our conference call, it was my understanding that once this Order was signed you would start taking bids on removing the building. It was further my understanding that Mary Bielefeld was going to have their Property Appraisal Liquidation Specialist, John Domke, contact you. Ifhe has not already contacted you, his number is (847) 581-2124. Please let me know if this matter is moving forward. Ifit is not, I will talk to Mary Bielefeld about the status. By the way, I should also let you know that the Bible Camp is appealing the IRS judgment. I have not seen anything that suggests the judgment has been stayed pending appeal. Therefore, it appears that we can continue to proceed. Sincerely, SPOEHR, SMITS & BLAZEL, LLC ~¡Vì 4 John M. Blazel JMB/cab Enclosure r Case 1:03-cv-01147-LA Document 87 Filed 09/23/2005 Page 1 of 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN CITY OF OSHKOSH, Petitioner, v. L.S.C. & BIBLE CAMP, CHRISTIAN LIBERTY ACADEMY, MISSION OF JESUS CHRIST, ALMIGHTY GOD; UNITED STATES OF AMERICA, INTERNAL REVENUE SERVICE; and WINNEBAGO COUNTY. Respondents, v. OSHKOSH FAMILY, INC., as the Guardian of the Person and Estate of Russell J. Neumann; OSHKOSH FAMILY, lNG., as the Spedal Administrator of the Estate of Helen M. Neumann, Third-Party Defendants. ) ) ) ) ) Civil No. 03-C-1147 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER TO RAZE AND SELL Pursuant to 28 U.S.C. §§ 2001 and 2002, the Court enters this Order directing the razing of structures,removal and the sale of property, described below, in which defendants Russell J. Neumann and Helen M. Neumann have an intèrest. The property is located at 2836 Stoney Beach Street, Oshkosh, Wisconsin, in Winnebago County ("Property"). On November 3,1989, the United States obtained a judgment against Russell J. Neumann for unpaid federal income taxes in the sum of$95,461.92 as of April Ì, 1987, plus interest and penalties accming thereon, and a judgment against I-Ielen M. Neumann for unpaid federal income Case 1:03-cv-01147-LA Document 87 Filed 09/23/2005 Page 2 of 8 2 taxes in the sum of$57,539.72 as of April I, 1987, plus interest and penalties aecruing thereon, in United States v. Russell J. Neumann. Helen M Neumann, Life Science Church, Russell J. Neumann, Pastor, et aI., Civil No. 87-C-1332 (ED. Wis.)("Federal Foreclosure Action"). In the Federal Foreclosure Action, the Court determined the transfers of the Property by Russell J. Neumann and Helen M. Neumann to the "Life Science Church, Russell J. Neumann, Pastor," and Life Science Church, Order of Almighty God, Chapter No. 1012 (Attn: Russell J. Neumann)," were fraudulent conveyances; ordered that the federal tax liens reduced to judgment in the Federal Foreclosure Action encumber certain properties, including the property located at 2836 Stoney Beach Street, Oshkosh, Wisconsin, in Winnebago County ("Property"); and authorized foreclosure of the federal tax liens against the Property. The decree of foreclosure was amended in the Federal Foreclosure Action, on September 24,1991, but was unchanged in relevant part. In the present ease, the City of Oshkosh sought a determination of nuisance and order to raze the Property or repair and abate the nuisance. The United States removed the ease from the Circuit Court for Winnebago County (State Action) to this Court, where, on December 5, 2003, the United States filed a cross-claim against the "L.S.C. & Bible Camp, Christian Liberty Academy, Mission of Jesus Christ, Almighty God" ("Bible Camp"), to enforce the previously obtained judgments against the Neumanns and to enforce the decree of foreclosure and amended decree of foreclosure against the Property. On August 11,2005, this Court entered a final judgment by default in favor of the United States and against the Bible Camp, determining that the transfer of the Property by the "Life Science Church, Order of Almighty God, Chapter No. 1012," to the "Basic Bible Church of Case 1:03-cv-01147-LA Document 87 Filed 09/23/2005 Page 3 of 8 3 America, Order of Almighty God, Chapter No. 1012," and the subsequent transfer ofthe Property by the "Basic Bible Church of America, Order of Almighty God, Chapter No. 1012," to the "loS.C. & Bible Camp, Christian Liberty Academy, Mission of Jesus Christ, Almighty God," are fraudulent as to the United States and are null and void; that title to the Property isin defendants Russell J. Neumann and Helen M. Neumann; and alternatively, that the "Basic Bible Church of America, Order of Almighty God, Chapter No. 1012, Russell J. Neumann & Helen M. Neumann, Tmstees," and the "loS.C. & Bible Camp, Christian Liberty Academy, Mission of Jesus Christ, Almighty God" are the alter egos/nominees of defendants Russell J. Neumann and Helen M. Neumann; that the United States is entitled to foreclose its tax liens against the Property described above; and that the Property will be sold pursuant to further order of this Court. Accordingly, it is ORDERED that the Internal Revenue Service is authorized and directed, under 28 U.S.C. §§ 2001 and 2002, to proceed forthwith, without further order or process, to offer for sale at public auction, to advertise and sell, without appraisal and subject to any unpaid real property taxes or special assessments, to the highest bidder, according to law and pursuant to the tenus and conditions set forth herein, the property in which Russell J. Neumann and Helen M. Neumann have an interest, such property located at 2836 Stoney Beach Street, Oshkosh, Wisconsin, in Winnebago County ("Property"), also described as: The North 65 feet of Lot 13 in the North 75 feet of Lot 18 in Wright's Subdivision ofPart ofSW 1/4 ofNE 1/4 and part of NW 1/4 ofSE 1/4 Section 36-18-16, being part of what is known as Stoney Beach, in the Town of Algoma. That part of Fractional Lot 3 of Section 36-18-16, described as follows, viz: Case 1:03-cv-01147-LA Document 87 Filed 09/23/2005 Page 4 of 8 4 Commencing on the Westerly line of above mentioned Lot 18 at a pòint 25 feet Northerly of the Southwesterly (most Westerly) corner of said Lot 18, thence Westerly parallel with the extended Southerly line of said Lot 18,26 feet, thence Northerly parallel with the Westerly line of said Lot 18,75 feet, to the extended Northerly line of said Lot 18, thence, Easterly along the extended Northerly line of said Lot 18, 26 feet, to the Northwesterly (most Northerly) corner of said lot 18, thence, Southerly along the Westerly line of said Lot 18,75 feet, to the place of beginning. Also a strip ofland 2 feet wide, front and rear, adjoining the northerly side of the above mentioned Lot 13. IT IS FURTHER ORDERED that this Order shall act as a Special Writ of Judicial Sale, and no further order or process from the Court shall be required. IT IS FURTHER ORDERED that this sale of real property is ordered pursuant to 28 U.S.C. § 2001, and is made without right of redemption. IT IS FURTHER ORDERED that the IRS is authorized to have free access to the Property until the deed to the Property is delivered to the ultimate purchaser. ITIS FURTHER ORDERED that the IRS is authorized to raze, or contract to raze, the structures on the Property prior to the sale of the Property. IT IS FURTHER ORDERED that the real property described above shall be sold pursuant to the. terms and conditions in this Order as follows; 1. The sale of the Property shall be free and clear of the interests of Russell J. Neumann, Helen M. Neumann, and all parties to this action. 2. The sale shall be subject to building lines, if established, all laws, ordinances, and governmental regulations (including building and zoning ordinances) affecting the Property, and easements and restrictions of record, if any. Case 1:03-cv-01147-LA Document 87 Filed 09/23/2005 Page 5 of 8 5 3. The sale shall be held either at the federal courthouse of the judicial district in which the Property is located, at the Winnebago County Courthouse, at the office ofthe IRS, or on the Property's premises. 4. The date and time for sale are to be announced by the IRS. The IRS is permitted to enter the Property and prospective buyers shall be allowed to inspect the Property at such time as the IRS shall determine is reasonable and convenient. 5. Notice of the sale shall be published once a week for at least four consecutive weeks before the sale in at least one newspaper regularly issued and of general circulation in Winnebago County, and at the discretion of the IRS, by any means deemed appropriate. The notice shall contain a description of the Property and shall contain the terms and conditions of sale in this order of sale. 6. The minimum bid shall be set by the IRS. If the minimum bid is not met or exceeded, the IRS may, without further permission ofthis Court, and under the terms and conditions in this order of sale, hold a new public sale, if necessary. 7. The successful bidder(s) shall be required to deposit $10,000 with the IRS by certified or cashier's check or cash payable to the United States District Court for the Eastern District of Wisconsin, immediately upon the Property being struck off and awarded to the highest bidder. Before being permitted to bid at the sale, bidders shall display to the IRS proof that they are able to comply with this requirement. No bids will be received from any person(s) who have not presented proof that, if they are the successful bidder(s), they can make the payment required by this order of sale. Case 1 :O3-cv-O1147-LA of 8 Document 87 6 8. Within ten (10) days of the date of sale, the successful bidder shall deposit, in certified funds payable to the United States District Court of the Eastern District of Wisconsin, an additional sum such that at least twenty (20) percent of the purchase price is on deposit. 9. The balance of the purchase price in certified funds, payable to the United States District Court of the Eastern District of Wisconsin, shall be tendered to the IRS no later than thirty (30) days after the sale is confirmed by the Court. If the bidder fails to fulfill this requirement, the deposit shall be forfeited and the Property shall again be offered for sale or sold to the second highest bidder without further pennission of this Court, under the tenus and conditions of this order. and decree. 10. The United States may bid as a credit again~t its judgment without tender of cash. 11. The sale of the Prope11y shall be subject to the confirmation by this Court. No later than twenty (20) days after receipt of the balance of the purchase price, the IRS shall file a report of sale with the Court, together with a proposed order of distribution ofthe sale proceeds; and 12. On confirmation of the sale and receipt of the entire purchase price, the IRS shall execute and deliver a deed of judicial sale conveying the Property to the purchaser. On confirmation of the sale, all interests in, liens against, or claims to the Property that are held or asserted by all parties to this action are discharged and extinguished. IT IS FURTHER ORDERED THAT 1. Until the Property is razed and sold, defendant Russell J. Neumann shall take all reasonable steps necessary to preserve the Property in its CUITent condition. He shall neither commit waste against the Property nor cause or permit anyone else to do so. He shall neither do anything that tends to reduce the value or marketability of the Property nor cause or permit Case 1:03-cv-01147-LA Document 87 Filed 09/23/2005 Page 7 of 8 7 anyone else to do so, including but not limited to, the Bible Camp, its members, agents, representatives, or associates. The defendants shall not record any instruments, publish any notice, or take any other action (such as running newspaper advertisements or posting signs) that may directly or indirectly tend to affect adversely the value of the Property or that may tend to deter or discourage potential bidders from participating in the public auction, nOr shall they permit or cause anyone else to do so. 2. All persons occupying the Property shall leave and vacate the Property pennanently within twenty (20) days from the date of this Order, each taking with them his or her personal property (but leaving all improvements, buildings, fixtures, and appurtenances to the Property). If any person fails or refuses to leave and vacate the Property by the time specified in this Order, the IRS will coordinate with the United States Marshal for the Eastern District of Wisconsin and his deputies to take all actions that are reasonably necessary to bring about the ejectment of those persons. If any person fails or refuses to remove his or her personal property from the Property by the time specified herein, the personal property remaining on the Property thereafter is deemed forfeited and abandoned, and the IRS will coordinate with the United States Marshal and his deputies to remove it and to dispose of it in any manner they see fit, including sale, in which case the proceeds of the sale are to be applied first to the expenses of sale and the balance to be paid into the Clerk of the United States District Court for the Eastern District of Wisconsin for further distribution. 3. Until the Property is sold, defendant Russell J. Neumann bears the risk of loss, if any, regarding the Property. And should the Property be destroyed prior to its sale and the defendant be entitled to insurance proceeds, such insurance proceeds shall be paid into the Clerk of the "'{1/2005 Tal! 16: 59 FAX 920 739 8893 ,!£ ¡¡ILId/.¡ LAW FIRM ~ ~ Document 79 Filed 08/11/2005 - page 1 o~ 2 Case 1:03-cv-O1147-LA 141002 ! UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN CITY OF OSHKOSH, Petitioner, v- L.S.C. & BffiLE CAMP, CHRISTIAN LffiERTY ACADEMY, MISSION OF JESUS CHRIST, ALMlGHTY GOD; UNITED STATES OF AMERICA, INTERNAL REVENUE SERVICE; and WlNNEBAGO COUNTY. Respondents, v. OSHKOSH FAMILY, INC., as the Guardian of the Person and Estate o.f~ussell J. Neumann; OSHKOSH FAMILY, INC., as the Special Administrator of the Estate of Helen M. Neumann, Third-Party Defendants. ) ) ) ) ) CivilNo. 03-C-1147 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER FOR JUDGMENT flY DEFAULT Upon consideration of the United States' motion for entry of judgment by default against loS.C. & Bible Camp, Christian Liberty Academy, Mission of Jesus Christ, Almighty God, and for good cause shown, IT IS HEREBY ORDERED that the United States' motion is GRANTED; aJ)d IT IS FURTHER ORDERED AND ADJUDGED that the transfer of real property at 2836 Stoney Beach, Oshkosh, Wisconsin, in Winnebago County (Property), by the Life Science Church, Order of Almighty God, Chapter No. 1012, to the Basic Bible Church of America, Order ~?"'¡il/2005 THU 16: 59 FAX 920 739 8893 , " ~ SIttON LAW FIRM --~.~~. Case 1:03-cv-O1147-LA Document 79 Filed 08/11/2005 Page 2 of 2 of Almighty God, Chapter No. 1012, and the latter's subsequent transfer of the Property to the L.S.C. & Bible Camp, Christian Liberty Academy, Mission of Jesus Christ, Almighty God, are fi-audu1eut as to the United States and are null and void; and IT IS FURTHER ORDERED AND ADJUDGED that title to the Property is in defendants Russell J. Neumann and Helen M. N =ann;1/ and IT IS FURTHER ORDERED AND ADJUDGED that the United States is entitled to foreclose its tax liens against the Property described above, and the Property will be sold pursuant to further order oftbis Court; IT IS FURTHER ORDERED AND ADJUDGED that a defauItjudgroent shall be entered in favor of the United States and again.1: defendant L.S.C. & Bible Cmnp, Christian Liberty Academy, Mission of Jesus Christ, Almighty God. Entered this 11 day of August 2005. /s LYNN ADELMAN UNITED STATES DISTRICT JUDGE Prepared by: Mary E. Bielefeld Senior Trial Attorney, Tax Division U.S. Department of Justice P.O. Box 7238 BenFran1din Station Washington, D.c. 20044 Telephone: (202) 514-9375 11 Alternatively, the Order should provide that the "Basic Bible Chureh of America, Order of Almighty God, Chapter No. 1012, Russell J. Neumann & Helen M. Neum3l)D, Trustees," and the "L.S.C. & Bible Camp, Christian Liberty Academy, Missiou of Jesus Christ, Ahnighty God" are the alter egos/nominees of defendants Russell J. Neumann and Helen M. Neumann. Page 1 of 1 fi1e:1 IC:\Documents%20and%20Settings\donl\Loca1%20Settings\ Temp\2006 - 0127ImageO... 1/27/2006 Page 1 of 1 fi1e:/ /C: \Documents%20and %20Settings\donl\Local %20Settings\ Temp \2006 - 012 7ImageO... 1/27/2006 Page 1 of 1 file://C:\Documents%20and%20Settings\donl\Loca1%20Settings\ Temp\2006 - 0127ImageO... 1/27/2006 Dannhoff, Allyn J. To: Subject: ~ l~110Íl John Blazel (E-mail) Stoney Beach Property Job was completed today. Will take a while to get all the bills in and summarized. Ran into some additional expenses. Did find the well, cost about $350 to abandon. Also ran into a makeshift bomb shelter behind the garage. Was covered with a lean-to that had all kinds of junk in it. Once the junk was removed from the lean-to, found a depression about 4' deep covered with heavy steel plate and lined with block. Inside we found a couple 55 Gallon drums and fuel oil tank. One drum was filled with water, the other with I believe fuel oil. The fuel oil tank had fuel in it also. About an additional $3000 disposal cost. On a positive note, the neighbors are ecstatic. I think Metco may be with the gov't and associated with the sales end of disposing of these types of properties. Message Page 1 of 1 Dannhoff, Allyn J. From: LaFontaine, Don K. Sent: Tuesday, November 08, 2005 11 :48 AM To: Dannhoff, Allyn J. Subject: FW: Stoney Beach -----Original Message----- From: Hilse, Matt J. [mailto:hilse@stsconsultants.com] Sent: Tuesday, November 08, 2005 10:53 AM To: Lafontaine, Don K. Subject: Stoney Beach I stopped by the Stoney Beach property this week. There are a few more issues to deal with. It appears as though there is a fuel oil tank present in the basement. I opened an access point and smelled fuel oil. I didn't have my flashlight to go any further. There are two drums with paint cans and a waste oil container by the garage. I will let you know what I find out and get a proposal to you. I am 99.98% sure the house contains asbestos siding. This e-mail and any attachments may contain confidential and privileged material for the sole use of the intended recipient(s). Any review or distribution by anyone other than the intended recipient(s) is strictly prohibited. If you are not the intended recipient(s), please contact the sender and delete all copies of this e-mail immediately! 1118/05 City of Oshkosh - Dept of Community Development Inspection Services Division PO Box 1130 215 Church Ave Oshkosh, WI 54903-1130 Ph (920) 236-5050 Fax (920) 236-5084 ~ OfHKOfH MEMORANDUM TO: John BIazel, Attorney ~"'(l FROM: Allyn Dannhoff, Director of Inspection Services ~ ' DATE: March 15,2006 RE: Demolition Costs - 2836 Stoney Beach Rd. The Demolition Costs for this project are $16,302.88. I do not recall if our agreement with the Federal Government was to include your costs, please advise Lynn of your recollection on this aspect. If this was part of the agreement, then please add your costs to this sum, but obviously bill the City for your services. March 15,2006 To: Allyn Dannhoff Ed Nokes ð From: Don La Fontaine Purchasing Agent' Re: 2836 Stoney Beach Attached are copies of expenses for the raze & removal of a house & garage at 2836 Stoney Beach Road, Oshkosh WI. The account used to charge an expense was 317-0410-6401-00000. The cost is to be charged against the property owner. If there are any questions let me know. Thanks ~ REtEI ~ONYX ENVIRONMENTAL SERVICES PURCHASING DMSION OSHKOSH, WISCONSIN COpy FOR YOUR INFORMATION CUSTOMER INVOICE INVOICE DATE INVOICE NUMBER 03/08/2006 I 605766933 DUE DATE IS 1«DAYS FROM INVOICE DATE Page 1 of 1 For Billin9 Inquiries Cali JANE L. LUNDW ALL at 1 (262) 255-6655 Customer No. 464071 BILL TO: CITY OF OSHKOSH 215 CHURCH AVE OSHKOSH, Wi 54903 DON LAFONTAINE JOB SITE: Generator No. 530891 CITY OF OSHKOSH 2836 STONY BEACH OSHKOSH, WI 54902 MATT HiLSE (STS) MANIFEST NUMBERS: . . . . {none} . 01/10/2006 358427 358427 358427 358427 358427 358427 LABPACKS LABPACKS LABPACKS FIRE EXTINGUISHERS LAB PACKS - DIOXINS AEROSOL CANS . . CWO, CYD13H 1.00 $750.00 $750.00 CWO 551H2 2.00 $280.00 $560.00 CWO 141G 4.00 $135.00 $540.00 AFT CYLIN 5.00 $90.00 '$450.00 CWO 051H2 1.00 $275.00 $275.00 CWI;! 301G 1.00 $180.00 $180.00 PERCNT 400.00 $0.13 $52.00 EACH 1.00 $400.00 $400.00 flOUR 2.00@3.50 $60.00 $420.00 Misc. Misc. FUEL SURCHARGE MOBILIZATION/DEMOBILIZATION FEE Manpwr. ENVIRONMENTAL SPECIALIST Ii TOTAL $3,627.00 Onyx Environmental Services LLC is permitted for and has capacity to accept waste listed above In container quantities. ALL PAST DUE AMOUNTS WILL BEAR INTEREST AT 1.5% PER MONTH OR THE MAXIMUM RATE ALLOWED BY LAW, WHICHEVER IS LESS. OFFICE COpy PLEASE REMIT TO: DEPT. 73709, CHICAGO, IL 60673-7709 @>,k~ Ooyx "ovl'oomen!a! Se..!ces. L.L.C. W124 N9451 Boundary Road, Menomonee Falls. WI 53051 Tel, 262.255.6655 . Fa" 262.255.7990 Original Invoice (, Project: X430040XF -- STONEY BEACH DEMOLITION SURVEY Phase: .... -- STONEY BEACH DEMOLITION SURVEY lat 43 59.10 long 88 36.30 Invoice # : N668 Municipal Rate Schedule Labor Class Technical Support Staff Senior Technician Hours Rate($) 0.25 45.00 14.00 65.00 Rate Schedule Labor Amount($) 11.25 910.00 $921.25 Total Phase: .... -- STONEY BEACH DEMOLITION SURVEY Labor: Expense: $921.25 $0.00 6 Total Project: X430040XF, -- STONEY BEACH DEMOLITION SURVJ;..Y Page 2 " .". Please Remit To: STS CONSULTANTS LTD. P. O. BOX 1238 BEDFORD PARK, IL 60499 ~~ STS CONSULTANTS CITYOF OSHKOSH 215 CHURCH AVENUE OSHKOSH, WI. 54903-1130 Attention: Don Lafontaine Invoice Date: 3/9/2006 Invoice #: N668 Project: X430040XF Project Manager: Hilse, Matthew J Project Principal: Miller, Roger A Invoice Group/Org.: .. 1206N TERMS: DUE UPON RECEIPT If you have questions, please call: Hilse, Matthew J (920)235-6712 Miller, Roger A (920)406-3144 For Professional Services Rendered through: 2/18/2006 FOR ENVIRONMENTAL SERVICES IN CONJUNCTION WITH ASBESTOS AND ASTs FOR THE CITY OF OSHKOSH Labor Rate Schedule Labor 921.25 Project Budget. Billed to Date: Remaining Budget: $3,180.88 $819.12 Under 30 $0.00 31-60 $0.00 61-90 $0.00 Over 90 $0.00 PLEASE REMIT ONE COpy OF INVOiCE WITH YOUR PAYMENT. A FINANCE CHARGE OF 11/2% PER MONTH (18% ANNUALLY) WILL BE ADDED TO ALL INVOICES UNPAID AFTER 30 DAYS TO, 54903~1130 DESCRIPTION "UNITS FOR ENVIRO~"lENTAL SERVICE!3 IN CON.Th"NCTION ,WITH THE ASBESTOS AND AST AT THE STONEY BEACH PROPERTY. EXTENDED TOTAL SCIENCE Ùchnical 'Staff 'Senior Technician TecÌ1niè:ál $uppor , CleriC¡"l/wo~~ PLEASE REMIT ONE Copy OF INVOICE WITH YOU¡¡ PAYMENT. A FINANCE' CHARGE OF 1 1/2% PER MONTH (18% ANNUALLY)-.WILL BE ADDED 'TO ALL INVOICES UNPAID AFTER 30 DAYS . CITY OF OSHKOSH 215 CHURCH .AVENUE P.O. BOX 113Ó 'OSHKOSH, WI 54903-1130 'If you have' questions 'iegarding thi,s invoicè, plèáse call MATTHEW J HILSE at (920) 235c0270 ATTN, DON ,LA ,FONTAINE DESCRIPTION UNITS FOR ENVIRONMENTAL SERVICES IN CONJUNCTION WITH THE ASBESTOS AND AST FOR THE CITY OF OSHKOSH AT THE STONEY BEACH PROPERTY. ' UNIT PRICE EXTENDED TOTAL SCIENCE PLEASE REMIT ONE COpy OF INVOICE WITH YOUR PAYMENT. A FINANCE CHARGE OF 1 1/2% PER MONTH (18% ANNUALLY) WILL BE ADDED TO ALL INVOICES UNPAID AFTER 30 DAYS 1\li~1 " " ~ ~:;œ R. A"dle, P~I@m . " Phone (920) 887-7030 I , . ",,'. BEA\lER SERVICES, INC. WE WRECK All 'TYPES 'OF BUILDINGS - &l,tý OSßQS'ú-PUl'tW/Q,wp1 2/.5 t1ú//l'tW vlf'1;'. P.CJ. ßøf //SO OsßQsÆ tØst:¡1//Þ,w 5j1'90S-/ / SO W. 8031, High(.¡áy 33 East er Darn,Wisconsin 539161 P//I't#/Qt" t4-d'q # O(J(J(J / OSóS2 /Ø/Ø/'IJ/ 2ó, 200ó Æ-ut" Ø/d' 1't7//a'd/ tý 2 S/ØIJ/ fj,,//J't" Æ p14/tlYt" 2'" S ó S¡-"//t;" 1Id7t"# KIM( OsJJ,l¡1sÆ tØsl;'.Ø5; ~ (}(J ¡;- kHQ/4/ #'tJ/t $-" .4JYdær "We Wreck All TyPE3'is of Buildings" 608 Memorial Drive Winnecbnne; WI 54986 Phone: 920-582-7?96 Neenah: 920-722-5277 Fax: 920-582-3989 . COpy JORVOlJR INfORMATION LIQOIDWflSTE. Inc. . . ..~,lnVOjCeN~2::;:: t~'f\ Invoice Date: 1/31/06 Page: .----- ~\(\ INVOICE, RECEIVED FEB -:-.. 6 2006 PUK(riI\6'~!" -'iVi;;:ON OSHKOSH, liVlSCONSIN 1 Sold To: CITY OF OSHKOSH 215 CHURŒ AVE.;'ÞO Bo)/: iI~O ATTN " DON LA FONTAINE ' OSHKOSH, WI 54903-iloO Customer PO Payment Terms Customer ID: PO# 0000104128 OSHKOSHCITY Description Amount 01/25/06 - CHARGES AS PER SERVICE AGREEMENT FOR TANK CLEANING AND REMOVAL AT 283õ STONEY BEACH RD., OSHKOSH AS FOLLOWS, MOBILIZE/DEMOBILIZE VAC UNIT & TECHNICIANS, EMPTY, CLEANING AND REMOVAL OF TANK DISPOSAL OF 5 DRUMS WASTE GASOLINE @ $175.00/DRill;'! (WI MANIFEST DOC. #K 510154) 5 DRUM CONTAINERS FOR THE WASTE MATERIAL @ $30.00/EA. 600.00 875.00 150.00 Subtotal Sales Tax Total Invoice Amount Payment Received TOTAL 1,625.00 1,625.00 1,625.00 Interest applied at 1.5% (18% annuai) to amounts> 30 days from invoice date. , -, , . ' - . . SI';Co.H. K. óc.h PI1»Ji)Jing mE & Heating Inc. , ¡ .'.,. ... " vdo05 Doty Street Oshkosh, WiSCOnSj~,5~902 Phone:920-2:35~0282/920c231 ~6661 Invoice . 1/23/2006 1673 DESCRIPTION AMOUNT RE: 2836 Stoney Beach Avenlle Abandon well per 1-23-06 bid price Bid price 370.00 -h:$II¡¡B 'Total $370.00 Thank you for your business. Ow.t*~<1 ~. AEROLOC , INC. 15 19m. St. Clintonville,WI. 54929 Invoice Bm To City of Oshkosh Attn Don LaFontaine 215 Church Ave. Oshkosh, WI. 54903 JOB LOCATION 2836 Stoney Beach St Oshkosh, WI. JOB# I P.O. Number I Terms 2350387 I I Due on receipt. Description Amount Asbestos Removal. 2,100.00 All work is complete! I Total $2,100.00 -..s ...... <S .... ~ "" .... ~ s;: ~ ~ ~¡! c:;> s:: .{!!:. ( .J"- ....,... c" V :3 ,/ , 1 " : ""') '", A i) p