Loading...
HomeMy WebLinkAbout02-2445STIPULATION AGAINST LIENS M.J. COMMUNITY CENTER, LLC A Pennsylvania Limited Liability Company 300 MARKET STREET JOHNSTOWN, PA 15901 Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WESTRA CONSTRUCTION, 1NC. 4002 FENTON AVE HARRISBURG, PA 17109 NO. O;1 - ,~q t/J'/~4)TERM 2002 Contractor WHEREAS, M.J. Community Center, LLC of Johnstown, Pennsylvania, is about to execute contemporaneously herewith, a contract, with Westra Construction, Inc. of Harrisburg, Pennsylvania for the sitework at TJ Maxx - Carlisle, PA upon a lot of land situated as follows: Noble Boulevard Carlisle, PA 17013 NOW, this /~P dayof /~/~¥ ,2001, at the time of and immediately before the execution of the principal contract,hnd before any authority has been given by the said M.J. Community Center, LLC to the said Westra Construction, Inc., to commence work on the said building, or to purchase materials for the same, and in consideration of the making of the said contract with Westra Construction, Inc. and the further consideration of One ($1.00) Dollar and other good and valuable considerations, receipt of which is hereby acknowledged, to Westra Construction, Inc. paid by M.J. Community Center, LLC, it is agreed that no lien shall be filed against the building by the Contractor, or any sub-Contractor nor by any of the material men or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased, for the erection to said building, and other work at the premises or for any other materials incorporated therein, the right to file such liens being expressly waived. FIEOEIVED MAY 1 ~ 2002 WITNESS, our hands and seals the day and year aforesaid. WITNESS: M.J. COMMUNITY CE~T~ER, LLC WITNESS: CONTRACTOR: WESTRA CONSTRUCTION, INC. Denita Schrier ! - Branch Controller (CORPORATE SEAL) RECEIVED MAY 1 6 2002 We~m~ JERRY L. WILSON, Plaintiff/Respondent ROXANE P. WILSON, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-3345 CIVIL TERM : : CIVIL ACTION - [,AW : : IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, comes the Petitioner, Roxane P. Wilson, by and through her attorney, Jacqueline M. Verney, Esquire and in support thereof represents the following: 1. Petitioner is Roxane P. Wilson, the defendanl: in the above captioned divorce action who resides at 2119 Pine Road, Newville, Cumberland County, Pennsylvania. 2. Respondent is Jerry L. Wilson, plaintiff in the above captioned divorce who resides at 2 Central Street, Newville, Cumberland County, Pennsylvania. 3. Plaintiff/Respondent filed the within divorce action on July 15, 2002. 4. The parties have lived separate and apart since December 5,2001. 5. Defendant/Petitioner's natural daughter, Jenna Furby, lived with the Plaintiff/Respondent for a time in 2002. 6. Jenna Furby recently returned to live with Defendant/Petitioner. Jenna Furby and Defendant/Petitioner have made several attempts to retrieve certain furniture, personal property and clothing belonging to Mrs. Wilson and the child that she left at Mr. Wilson's residence. 7. Mr. Wilson has retained a signature stamp with Mrs. Wilson's signature. Mrs. Wilson believes and therefore avers that Mr. Wilson has used the signature stamp without Mrs. Wilson's authorization. 8. Mr. Wilson refuses to return the personal property or to permit the removal of the personal property. Since separation, Mrs. Wilson has retained possession of the couples' two dogs. 10. Over the Thanksgiving holiday, Mrs. Wilson requested her other daughter, Jessica Furby, who continues to live with Mr. Wilson, to care for the dogs while Mrs. Wilson was away for four days. 11. Upon Mrs. Wilson's return, Mr. Wilson refused and continues to refuse to return the dogs to Mrs. Wilson. 12. One of the dogs suffers from cancer and has not had its medication. 12. As a result of Mr. Wilson's unreasonable withholding of the personal property and the dogs, Mrs. Wilson has incurred legal fees. Petitioner requests this Honorable Court levy attorney's fees against Mr. Wilson. WHEREFORE, the Petitioner requests a hearing on the within Petition and requests this Honorable Court to Order Mr. Wilson to return, the furniture and personal belongings to Jenna Furby and return the couple's dogs and signature stamp to Mrs. Wilson. Petitioner also requests this Honorable Court assess Mr. Wilson attorney's fees. Respectfully submitted, ~acqF~line M. Vemey, Esquire # 23 ~ 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Petitioner VERIFICATION I verify that the facts included in the within Petition are tree and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unswom falsification to authorities. Dated: ~-~ - icl. _ e~.-.-. CERTIFICATE OF SERVICE I, Jacqueline M. Vemey, Esquire, hereby certifies that a true and correct copy of the foregoing Petition was served upon the following on the date indicated by the following means: United States First Class Mail, Postage Prepaid Hubert X. Gilroy, Esquire 4 North Hanover Street Carlisle, PA 17013 Date: ~cqu/~ine M. Vemey, Esquire #1~ 167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Petitioner JERRY L. WILSON, Plaintiff/Respondent ROXANE P. WILSON, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-3345 CIVIL TERM : : CIVIL ACTION - I, AW : : IN DIVORCE ORDER OF COURT AND NOW, this day of ,2002, upon consideration of petitioner's Petition for Special Relief, a hearing is scheduled for the Zo~ day of ~ ~, c.~ ,2003 in Courtroom No. i of the Cumberland County Courthouse at ~!~o o'clock /~, M. in Carlisle, Pennsylvania. &~ttnG m cc.~cqueline M. Vemey, Esquire, Counsel for Petitioner ,/,Hubert X. Gilroy, Esquire, Counsel for Respondent.