Loading...
HomeMy WebLinkAbout04-2524STIPULATION AGAINST LIEN5 PATRICK G. OWEN and DEBBIE R. OWEN, husband and wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Owner v. NO. Ot~_ a5ay /''t ~ ARTISTECH, INC., a Pennsylvania corporation, Contractor WHEREAS, PATRICK G. OWEN and DEBBIE R. OWEN, husband and wife, of 531 Brentwater Road, Camp Hill, Pennsylvania 17011 (hereinafter together called "Owner"), are about to execute contemporaneously herewith, a contract with ARTISTECH, INC., a Pennsylvania corporation having a principal place of business at 282 Alpat Drive, Dillsburg, Pennsylvania 17019 (hereinafter called "Contractor"), for the erection of a dwelling house upon a lot of land situate and described as follows: ALL THAT CERTAIN lot of land situate in the Township of Bast Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows, in accordance to the Final Subdivision Plan for Floribunda Heights, Phase II, Sections K & H, dated October 5, 1999, prepazed by Melham Associates, P.C., and recorded in Plan Book 80, Page 45, and revised on February 17, 2000, and recorded in Plan Book 80, Page 104, viz; BEGINNING at a point on the southern side of Saratoga Place at the northwestern corner of Lot No. K-5 on the above mentioned Plan of Lots; thence along the western line of Lot No. K- 5, South 16 degrees 10 minutes 00 seconds East, a distance of 103.22 feet to a point at the lands now or formerly of Floribunda Associates; thence along the said same lands, South 73 degrees 50 minutes 00 seconds West, having a chord distance of 15.00 feet to a point at the lands now or formerly of Floribunda Associates; thence along the said same lands, South 73 degrees 50 minutes 00 seconds West, a distance of 117.17 feet to a point at the same said lands now or formerly of Floribunda Associates; thence along the said same lands, North 50 degrees 02 minutes 26 seconds West, a distance of 136.67 feet to a point at the southwestern corner of Lot No. K-7 on the above mentioned Plan of Lots; thence along the southern side of Lot No. K-7, North 61 degrees O1 minute 55 seconds East, a distance of 162.10 feet to a point on the western side of Sazatoga Place; thence along the southwestern side of Saratoga Place, by a curve to the left having a radius of 50.00 feet and an arc length of 53.88 feet to a point; thence along the same side of Saratoga Place, by a curve to the left having a radius of 50.00 feet and an arc length of 15.23 feet to a point; the point and place of BEGINNING. CONTAINING 21,732.412 square feet. BEING Lot No. K-6, on the above mentioned Plan of Lots. UNDER AND SUBJECT to a''/Z 30' drainage and sanitary sewer easement Homing along the eastern side of the ]ot, as shown on the above mentioned plan. BEING commonly known and numbered as Lot K-6, Saratoga Place, Camp Hill, Pennsylvania 17011. Being also identified as Cumberland County Tax Parcel No. 09-16-1054- 208. BEING THE SAME PREMISES which Floribunda Associates Limited Partnership, by its Deed dated h1 ate/ 13t 2 men/ and recorded on p~ oy ,2 S 1200/ in Cumberland County Record Book ,Page ,granted and conveyed unto Patrick G. Owen and Debbie R. Owen, husband and wife, Owners herein. NOW, Jc..a,E 2 , 2004, at the time of and immediately before the execution of the principal contract, and before any authority has been given by Owner to Contractor to commence work on the said building, or to purchase materials for the same, in consideration of the making of the said contract with Contractor and the further consideration of One and 00/100 ($1.00) Dollar, to Contractor paid by Owner, it is agreed that no lien shall be filed against the above described premises and the building and improvements to be erected thereon, by Contractor, or any subcontractor, or by any of the materialmen or workmen, or any other person for any labor provided or materials purchased, or for extra labor provided or materials purchased for the erection of said building and improvements, the right to file such liens being expressly waived. WITNESS, our hands and seals the day and year aforesaid. Signed and sealed in thepresen e of / '' Notarial Seal H. Cooper, Notary public arrisburg, Dauphin County MY Commlaefon Cw ce, Dec;. d, 2004 OWNER: c~~-'/ Patrick G. Owen Debbie R. Owen ATTEST/WITNESS: L U i ~~,G~ CONTRACTOR: ARTISTE P nnsylvania corporation BY~ j / i Name: `H FFMAN Title: r+C.,riea./~ J~ -,J d ~ no ::) _-_' ' C !_ ~ h V I d - "' r ~ ~ .~ `, y `. Cp ~. =r- .s~ ~o c~ . ~T C~ ;, A Y r r `o JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32"d Street Camp Hill, PA 17011 Telephone: (717) 737-5890 CHRIS A. SIEFERT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.07-2524 CIVIL TERM SHEILA MCGINNIS. CIVIL ACTION -LAW AND EQUITY Defendant CIVIL ACTION NO. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complain and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintif£ You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 CHRIS A. SIEFERT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.07-2524 CIVIL TERM SHEILA MCGINNIS. CIVIL ACTION -LAW AND EQUITY Defendant CIVIL ACTION NO. COMPLAINT AND NOW, thisl6th day of May, 2007, comes the Plaintiff Chris A. Siefert, by and through his attorney, 3oanne Harrison Clough, Esquire and respectfully files this Complaint and in support thereof avers: 1. Plaintiff Chris A. Siefert, is an adult in dividual who currently resides at 106 S. George Street, Mechanicsburg, Cumberland Count, PA 17055 . 2. Defendant Sheila McGinnis, is an adult individual who current resides at 395 Sheely Lane, Mechanicsburg, Cumberland County, PA 17050. 3. Plaintiff and Defendant were previously romantically involved and were engaged. Plaintiff terminated the parties' engagement on or about November of 2005. 4. During the course of the parties' relationship, Defendant requested Plaintiff to add her as a authorized signature on his Visa credit card account with her own credit card on his Member's First Bank Account number 23382. 5. Plaintiff agreed and added Defendant as an authorized signature on said account and requested and received Defendant's own credit card for this particular account. 6. From the date that Defendant was added to Plaintiff s Visa account with Member's First, the parties would take each monthly credit card statement and each initial or otherwise mark and designate his or her individual charges on the card for that month and each party would pay his or her portion of the Visa credit card bill each month for a number of years preceding the termination of the parties' romantic relationship 7. Plaintiff solely owns the residence located at 106 South George Street, Mechanicsburg, Cumberland County, PA and Defendant moved into the residence and cohabitated there with Plaintiff from approximately August 1999 until February of 2006. 8. In November of 2005, Plaintiff advised Defendant that he was terminating the engagement and romantic relationship and informed Defendant he no longer wished to have any romantic relationship with Defendant and requested that she make arrangements to vacate Plaintiff s residence. 9. Plaintiff requested Defendant return the credit card that bore her name for his Member's First account prior to Defendant vacating his residence but she failed to return the card. 10. In November and December of 2005 and through January 15~' of 2006, Defendant and Plaintiff continued to each mark charges on Plaintiffls Member's First Visa card and each pay his or her actual charges on those invoices. 11. In February of 2006, Defendant failed to and refused to pay Plaintiff for charges that she had made on the card and still refused to return the Visa card to Plaintiff. 12. On March 13, 2006, Plaintiff contacted Defendant and advised her that he had contacted Member's First and notified them that he was removing Defendant as an authorized signature on his account and advised Defendant that she could no longer use the Visa card. 14. On March 13, 2006, after receiving direct notice from Plaintiff that she would be removed from this account, Plaintiff went and charged $ .1,992.75 at Circuit City in Mechanicsburg, and charged $ 1,058.94 on merchandise at Lowe's in Mechanicsburg, PA. 15. Defendant continued to use the card despite Plaintiff's specific direction to her to cease using the card and charged additional items for approximately thirty (30) days until Member's First removed her as a signature on the account. 16. Despite repeated demands from Plaintiff, Defendant has failed and/or refused to reimburse him for the personal charges she made on this account in February and March of 2006 as follows: a. From January 16 through February 15, 2006 $1,106.90 b. From February 16 through March 15, 2006 3,754.09 c. From March 16 through April 15, 2006 2,149.34 d. From April 16 through May 15, 2006 766.69 TOTAL $7,777.02 17. Despite repeated demands Defendant has refused to repay said amount to Plaintiff. COUNT I -BREACH OF CONTRACT 18. Paragraphs 1 through 17 are hereby incorporated by reference as if set forth in full herebelow. 19. Plaintiff and Defendant had a contractual agreement that Defendant could use Plaintiff s Member's First Visa Cazd provided that she paid for each and every charge she made on the account each month as the parties had for more than five (5) years prior to the termination of their romantic relationship. 20. Defendant used the Member's First Visa Cazd and charged $7,777.02 on goods and services for which she has only ever tendered to Plaintiff one payment of $250.00 which was part of a $500.00 check she gave him to use towazd the Visa account and an additional $250.00 she owed him for other items. 21. Plaintiff has suffered damages in the amount of $7, 777.02 in that he had to pay the Defendant's charges on the account when she failed to do so, so as to avoid incurring any additional interest charges, service fees, or other charges to his Member's First acount. WHEREFORE, Plaintiff Chris A. Siefert respectfully requests this Honorable Court enter judgment in his favor and against the Defendant Sheila Marie McGinnis in the amount of $7,777.02 plus legal interest at the rate permissible by law and grant any further relief this Court deems appropriate. COUNT II- UNJUST ENRICHMENT 22. Paragraphs 1 through 21 aze hereby incorporated by reference as if set forth in full herebelow. 23. Defendant Sheila McGinnis has been unjustly enriched in the amount of $7,777.02 in that she purchased goods and services on the Member's First Visa Account of Plaintiff and has failed and/or refused to reimburse Plaintiff for these charges that he has subsequently paid to keep his Visa account in good standing. 24. Defendant Sheila McGinnis specifically purchased approximately $3,000.00 immediately after receiving specific notice from Plaintiff that her name was being removed from this account. 25. On Apri126, 2003, Plaintiff Chris A. Siefert was purchasing a Toyota pickup truck and the Defendant lent him the sum of $10,000.00 to be used toward the purchase of said truck. By agreement of the parties, the truck was titled in both parties name with the specific understanding that Plaintiff would reimburse Defendant for the $10,000.00 she loaned him and that the truck would then become his sole and separate property. 26. Plaintiff Chris A. Siefert tendered three (3) checks to Defendant in or on her behalf in an amount of $10,000.00 and fully reimbursed her for the monies she had lent him for the purchase of the Toyota truck and Defendant refuses to sign the title transferring any ownership interest she may have had in the vehicle to Plaintiff. Defendant received three (3) checks on the following dates and in the following amounts: a. After Apri126, 2003 a first check in the amount of $5,000.00 made payable to Defendant and; b. On December 24, 2003, a check payable to the church on behalf of Defendant Sheila McGinnis in the amount of $1,000.00 and; c. On February 20, 2004, in the amount of $4,000.00 made payable to Defendant. 27. Defendant has been unjustly enriched in that her name remains on the title to the Toyota vehicle when Plaintiff has completely reimbursed Defendant for the monies she loaned to him for the purchase of the vehicle. WHEREFORE, Plaintiff Chris A. Siefert requests this Honorable Court direct Defendant to immediately sign the title transferring the ownership of the Toyota from Plaintiff and Defendant to Plaintiff, and direct her to tender the sum of $7,777.02 to Plaintiff for the goods and services she received for charges she made on the Member's First Visa Account and grant any further relief this Court deems appropriate. Respectfully submitted, HARRISON Date: j / Q Joanne~Iarrison Clough, Attorney 1D No.: 36461 24 N. 32°d Street Camp Hill, PA 17011 (717) 737-5890 Attorney for VERIFICATION I, Chris A. Seifert, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 34904 relating to unsworn verification to authorities. DATE: rte, ~ ~ J Chris A. Seifert C~ ~~ :~ -r .. -n rs -, ,~: ..~ 'w_ y. : ` ~', .,` s~° =~ ~•. ~- '~ ._ ~,..,