Loading...
HomeMy WebLinkAbout05-3296 Century Road Associates, LLC Owners ) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ) v, ) Premier Construction Group, Inc. Contractor ) ) NO. 05'. 3 J.1j(, fVl /-.0 I boo- STIPULATION AGAINST LIENS WHEREAS, Century Road Associates, LLC, of Pennsylvania, is about to execute contemporaneously herewith, a contract with Premier Construction Group, Inc. of Pennsylvania, for the erection of a dwelling upon a lot of land situate as follows: ALL THAT CERTAIN tract or parcel ofland situated in Lower Allen Township, Cumberland County, Pennsylvania, more particularly described in accordance with the revised subdivision plan of Century Center by Ernest J. Walker, P.E. dated July 31, 1980 and recorded in Cumberland County Plan Book 39, Page 5, as follows, to wit: BEGINNING at a point on the north line of Century Drive between Tract No. 5~ Tract No.6 on the aforesaid plan; thence along the easterly line of Tract No.5 North 42 degrees 16 -- minutes 43 seconds West 91.83 feet to a point; thence along the same North 47 degrees 43 minutes 17 seconds East 45 feet to a point between Tract NO.5 and Tract No, 6 on the aforesaid plan; thence along the same North 53 degrees 45 minutes 00 seconds West 350.15 feet to a point at the line of lands now or formerly of Methodist Home; thence along the same North 54 degrees 44 minutes 11 seconds East 21.15 feet to a limestone; thence along the same North 23 degrees 41 minutes 10 seconds West 174.59 feet to a point at the line oflands now or formerly ofJohn Knaub; thence along the same North 61 degrees 55 minutes 50 seconds East 208.93 feet to a point at the lineoflands now or formerly of Pearl Coble; thence along the same South 27 degrees 02 minutes 05 seconds East 602.15 feet to a point on the north line of Century Drive; thence along the same South 67 degrees 23 minutes 17 seconds West 15.92 feet to a point on the north line of Century Drive; thence along the same by a curve to the right having a radius of 50 feet and an arc distance (erroneously referred to in a prior deed of "lineal" distance) of 104.72 feet to a point, said point being the Place of BEGINNING. CONTAINING 2.286 acres and being Tract No.6 on the aforesaid plan. UNDER AND SUBJECT, nevertheless, to all easements, rights of way , conditions, or other restrictions of matter of record, or which a physical inspection or survey of the property would disclose. BEING THE SAME premises which Kenneth Balkovic, a single man, by his deed dated October 22,2004 and recorded November 23,2004 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 266, Page 1849, granted and conveyed unto Century Road Associates, LLC, MORTGAGOR herein. NOW, the IG:> ~ day of June, 2005, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Century Road Associates, LLC to the said Premier Construction Group, Inc, to commence work on the said building, or purchase materials for the same in consideration ofthe making of the said contract with Premier Construction Group, Inc. and the further consideration of One Dollar, to Premier Construction Group, Inc. paid by Century Road Associates, LLC it is agreed that no lien shall be filed against the building by the contractor, or any sub-contractor, nor by any ofthe material men or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased for the erection of said building, the right to file such liens being expressly waived. WITNESS, our hand and seals the day and year aforesaid. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF OWNER: 7/---' F By: C Premier Construction Group, Inc. BY ~.'~\h ~ - 2 - r~ ~ .. . .!:, - - .. '" ~ t-' ~ ", -" {' -<. .....,. ~ r ~ ~ t ~ ,....' C' o ,:;-"1 (.-" c:::", 1'.) c:J L) --,1 --' -r"._<-. i~~,~:; -)~(~?, . .-,-, :1,';:") ,.,'n ). ';'--\ ~ _.,~ ...- --- ...- 0.' ...-' ....,:. ,~ VIVIAN L. LAMBERT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-3296 EDWARD D. MASHAS, Defendant CIVIL ACTION - CUSTODY PLAINTIFF'S PETITION FOR EMERGENCY RELIEF AND CONTEMPT AND NOW, comes the Plaintiff, Vivian L. Lambert, by and through her attorney, Gary L. Kelley, and respectfully Petitions this Honorable Court as follows: 1. Plaintiff is Vivian L. Lambert who resides at 729 Old Silver Spring Road, Mechanicsburg, Pennsylvania 17055. 2. Defendant is Edward D. Mashas who resides at 3906 Woodvale Road, Harrisburg, Pennsylvania 17109. 3. The parties are the parents of one (I) minor child, Amanda L. Mashas, DOB December 21. 1990. 4. The parties were previously husband and wife and have since divorced. 5. On September 10, 2002, this Honorable Court issued an Interim Custody Order in the above matter. A true and correct copy of this Order is attached hereto as Exhibit "A." 6. The Order provides, inter alia, that the parties shall share legal custody of the minor child and that Defendant shall have periods of alternating physical custody from Friday after school until Monday when the child returns to school. 7. The parties have fairly followed this Order through June 2005. 8. During the interim period from the entry of the Order until present, the parties have been unable to co-parent the minor child. 9. During the last six (6) months, Defendant has deliberately undertaken efforts to undermine Plaintiffs ability to parent the minor child. 10. In June 2005, the child demanded that her mother, the Plaintiff, take her to a local Wendy's Restaurant. II. When Plaintiff declined, the minor child again demanded that she be taken to the restaurant or that she would call her father to pick her up. 12. When Plaintiff again declined, the minor child called Defendant who came to Plaintiffs home to pick up the child. 13. When Plaintiff requested that Defendant support her in her decision, Defendant refused and drove off with the child. 14. Plaintiff allowed the child to remain with Defendant for a few days in order to allow the child to "cool off." 15. Plaintiff subsequently requested that Defendant return the child and Defendant refused. 16. Plaintiff made numerous requests of Defendant to return the child and Defendant refused to comply with this Honorable Court's Order. 17. Defendant further refused to direct the child to return to plaintiff. 18, Defendant ultimately complied with the Order of Court and the child was returned to Plaintiff in August, prior to the start of the school year. 19. During this same period of time. Defendant permitted the minor child to date a 17 year old boy, despite Plaintiffs concems. 20. Since the start of school, Defendant has routinely refused to cooperate with any of Plaintiffs reasonable requests regarding the child. 21. F or example, Plaintiff contacted Defendant regarding the minor child's desire to attend a sleep-over at a particular child's home. 22. When Plaintiff expressed concerns and reservations regarding the sleep-over and requested that Defendant support her position that the child not go to a sleep-over until more was known regarding the child and her family, Defendant refused to cooperate and noted that he would allow the child to sleep-over upon her request. 23. Plaintiff subsequently informed the minor child that she would not be permitted to sleep-over at the child's home. 24. The minor child informed Plaintiff that she would wait until she stayed at Defendant's home and would then stay at the home in question. 25. Since the start of school, anytime that Plaintiff attempts to discipline the child, the child informs Plaintiff that she will call Defendant and he will come and pick her up. 26. Defendant's constant and malicious interference with Plaintiffs parenting has made it virtually impossible for Plaintiff to exercise any parenting decisions with the minor child. 27. On January II, 2006, the minor child became upset during a conversation with Plaintiff 28. The minor child again made an unreasonable demand upon Plaintiff followed by the threat that she would call Defendant to corne and get her if Plaintiff did not comply with the demand. 29. The minor child then called her father to corne to Plaintiffs home to pick her up. 30. When Defendant arrived, Plaintiff requested that Defendant not interfere with her parenting decision. 31. Defendant again refused to honor Plaintiffs request and took the child home with him, 32. Plaintiff has made nUmerous requests of Defendant to return the child to her. 33. Defendant has refused each and every request and the child is still residing with Defendant. 34. The minor child subsequently wrote a letter to her mother which clearly indicates that Defendant has shared information with her regarding the case. 35. The child states in her letter that she wants her mother to sign a "noterized" [notarized] note wherein mother agrees to allow her to live with her father. 36. The child further states "If you don't [sic] my father and I will push it in court." 37. The child also relates "". [Y]ou would just waist [sic] hundreds of $ [sic] for a loyer [sic]" if she (Plaintiff) brings this issue to the Court's attention and that she would "loose" [sic] this issue before the Court. 38. During a recent telephone call from the minor child, the minor child informed her mother that she would inform Children and Youth authorities that she "feared for my safety" if mother did not comply with her recent demand that Plaintiff sign a notarized note. 39. Plaintiff recently learned from another child that Defendant engaged in a pattern of parental alienation with this child very similar to that which he experienced. 40. Defendant is engaging in a pattern of parental alienation against Plaintiff which places the minor child in immediate danger of irreparable harm, 41. Without the immediate intervention of this Honorable Court, the relationship of mother and child with be irreparably harmed by Defendant's continuing course of conduct. 42. This ongoing course of parental alienation by Defendant is contrary to the best interests of the minor child and detrimental to her relationship with her mother. WHEREFORE, the Plaintiff, Vivian L. Lambert, respectfully requests that this Honorable Court issue an Emergency Order directing Defendant to comply with this Court's Order dated September 10,2002, to return the minor child immediately to Plaintiff and that a Conciliation Conference be expeditiously scheduled regarding Plaintiffs Petition For Contempt. Respectfully submitted, G L. elley lUNo. 4 801 ./ . 1119"Ftont Street '../ Harrisburg, P A 17102 (717) 238-1484 Attorney for Defendant VERIFICATION I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. /f'" ~) . . .. / '/: {'LA.'~d!~ cZ/r...A'e'j~~ Exhibit "A" "'-," " !J "(l~' '}(' r' eJ;' "-' ( u( Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3296 CIVIL TERM VIVIAN L. MASHAS, AKA VIVIAN L. LAMBERT, v. CIVIL ACTION - LAW EDWARD D. MASHAS, IN CUSTODY Defendant BAYLEY, J,,, INTERIM ORDER OF COURT AND NOW, this ~ day of September, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1, The parties, Vivian L. Lambert and Edward D. Mashas, shall have shared legal custody of their minor Children, Andrew J. Mashas and Amanda L, Mashas, with primary physical residence of said Children being with their Mother, Vivian L. Lambert. 2, Father, Edward D. Mashas, shall have partial custody of his minor Children, Andrew J. Mashas and Amanda L. Mashas, based upon the following schedule: A. Fathers custodial weekends will be from Friday after school until Monday when the Children are returned to school. Three (3) weekends out of four (4) to commence September 13, 2002. B. Tuesday after school until 8:30 p.m. 3. The Father shall have partial custody of his minor Children in even-numbered years for the Thanksgiving holiday from the Wednesday prior to the holiday at 6:00 p.m. until the Friday after the holiday at 6:00 p.m. The minor Children shall be with their Mother for the Thanksgiving holiday in odd-numbered years, 4. The Father shall have partial custody of the minor Children for the Christmas holiday from Christmas Day at 3:00 p,m. until December 28th at 5:00 p.m, 5, The Father shall have partial custody of the minor Children in even-numbered years for the Easter holiday from Holy Saturday at 4:00 p.m, until Monday at 6:00 p.m., unless the minor Children have school on the following Monday, In the event, Father shall NO. 02-3296 CIVIL TERM pick the Children up on Saturday at 1 :00 p,m. and shall return them to their Mother on Sunday at 6:00 p.m. The minor Children shall be with their Mother for the Easter vacation in odd-numbered years. 6, The Father shall have physical custody of his minor Children each year for the Fourth of July, and the Mother shall have physical custody of the minor Children each year for Memorial Day. The parties shall alternate physical custody of their Children for Labor Day each year with the Mother having physical custody of the Children for Labor Day in 2003. When the Father has physical custody of the Children any particular year for the Labor Day holiday and it follows Father's regular weekend of partial custody, the Father shall keep the Children Sunday evening through Monday at 6:00 p.m, 7. The minor Children shall be with their Mother for the weekend of Mother's Day and shall be with their Father for the weekend of Father's Day. 8. The Father shall be entitled to five (5) weeks of summer vacation with his minor Children each year to commence on the Monday closest to July 1 st of each year. 9. During the Father's summer vacation period, the Mother shall have partial custody of the Children on alternating weekends from Friday at 6:00 p,m. until Sunday at 5:00 p.m. 10. Neither parent shall consume alcoholic beverages to excess during their periods of custody / partial custody with the minor Children. 11. The Father shall be afforded an additional period of partial custody with his minor Children on Halloween with the exact time for same to be mutually agreed upon between the parties. 12. The Father shall be afforded an additional period of partial custody with his minor Children on or around each Child's birthday as well as the Father's birthday with the understanding that the Mother shall have the Children on or around her birthday, 13. The parties shall provide each other with reasonable notice if a scheduled period of partial custody cannot take place and a make-up period shall be offered within a reasonable time frame. 14. The parties shall share all relevant social, medical and educational information concerning their minor Children in a timely and forthright manner. NO. 02-3296 CIVIL TERM 15. The non-custodial parent shall have reasonable telephone contact with the minor Children at all times. 16. Neither parent shall make disparaging remarks about the other parent in the presence of the minor Children. 17. In the event that either parent should plan relocate out of Dauphin or Cumberland County in such a way that would require a change in the custodial schedule, that parent shall provide the other parent with thirty (30) days notice and in the absence of an agreement file a Petition for the Court for a Plowman Hearing, prior to relocation. 18. Transportation. Transportation shall be shared by the parties with the parent receiving custody being the parent to provide transportation. 19. The parents are going to participate in co-parent counseling through Guidance Associates and to facilitate their ability to communicate and make decisions cooperatively as parents and in a way that does not place the Children in the untenable position of being in the middle of their conflict or empower them inappropriately in decision making regarding the custodial schedule. The parties are to call within one week of the receipt of this Order to schedule the appointment if it has not already been scheduled. 20. The parent shall arrange for Andy to participate in counseling to assist him in dealing with the conflict of having been placed in the middle of this custody dispute by his parents. , )( BY THE COU~. , ;' ~/ ."...- ,. , '.. A. Edgar B, Bay e't.'1. Dist.: \ . ~ 9~/~,D.L. Gary L. Kelley, Esquire, 132 Walnut Street, Harrisburg, PA 17101 ~ Gary L. Rothschild, Esquire, 2215 Forest Hilis Drive, Suite 35, Harrisburg, PA 17112 :7-- . Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3296 CIVIL TERM VIVIAN L. MASHAS, AKA VIVIAN L. LAMBERT, v. CIVIL ACTION - LAW EDWARD D. MASHAS, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Andrew J. Mashas Amanda L. Mashas January 7, 1987 December 12, 1990 Father Mother 2, A Custody Conciliation Conference was held on August 22, 2002 in response to Father's Petition filed on July 11, 2002 wherein Father seeks primary custody of the parties' Child, Andrew J. Mashas, age 15, Present for the conference were the Mother, Vivian L, Lambert, and her counsel, Gary L. Kelley, Esquire; the Father, Edward D. Mashas, and his counsel, Gary L. Rothschild, Esquire. 3. The parties did not reach an agreement at the conference. Therefore, the Conciliator makes a recommended Order modifying the November 21, 1996 Order of Luzerne County Court of Common Pleas docketed at 6029-C of 1992. C:'I l.-{jI"4~.67T\ elissa Peel Greevy, Esquire Custody Conciliator 1//0 f(J7- Date' :162432 VIVIAN L. LAMBERT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-3296 EDWARD D. MASHAS, Defendant CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, Gary L. Kelley, counsel for the Plaintiff, do hereby certify that I served a true and correct copy of Plaintiffs Petition F or Emergency Relief and Contempt upon Defendant on the 24th day of January, 2006 by First Class US Mail, postage prepaid, addressed as follows: Edward Mashas 3906 Woodvale Road harrisburg, PA 17109 GaryL. eJrey ID<..No. 4 80 I 1119 Front Street Harrisburg, PA 17102 (717) 238-1484 Attorney for Plaintiff --- !~ 'l"""- '*'-, ~, ,,: ..\ l)-,) ~ ~ (:) 'IS -- -' "C) ,",-, '~ -~~ '0) R-) oC 10:: a- ~" " /----- --....