HomeMy WebLinkAboutLetter (court case) - 11/01/2010 CITY HALL
215 Church Avenue
P.O. Box 1130
Oshkosh, 54903-1130 City of Oshkosh
QIHKQIH RECEIVEr
City Attorneys Office
Phone: (920) 236 -5115 NOV 0 2 2010
Fax: (920) 236 -5106
http; //www.ci.oshkosh.wi.us DEPAR s frit_NT OF
COMMUNITY DEVELOPMENT
TNSPECTION SERVICES DIVISION
November 1, 2010
Hon. Daniel J. Bissett
Judicial Court Commissioner
P.O. Box 2808
Oshkosh, WI 54903 -2808
RE: City of Oshkosh v. Alan L. Vaillancourt
Case No. 09 -FO -1540, Winnebago County Circuit Court
Dear Commissioner Bissett:
The City of Oshkosh and Mr. Vaillancourt have agreed to reopen, vacate, and dismiss the above matter.
One original and three copies of the parties' stipulation to that effect is enclosed. The parties jointly
request that you approve this stipulation and forward the Stipulation and Order to the Court Clerk's office
so that it may be filed. We have enclosed a return envelope so that the Clerk's office can return unused
conformed copies of your Order.
Thank you.
Sincerely,
Y OF OSH
David J. P ska
Assistant City Attorney
DJP /lz •
Enclosure
cc: Alan L. Vaillancourt (w /encl.)
1216 Stuart Street
Green Bay, WI 54301
Kevin Ciabatti (w /encl.)
• ew Prickett w enc . _.__ �--�
.STATE PE. V WISCONSIN- : ; - CIRCUIT COURT WINNEBAGO COUNTY
CITY OF OSHKOSH, D� }
Y . - : ._ . , � � Case No 0 F1? iS40
ALAN L. VAILLANCOURT
1216 Stuart St.
Green Bay, WI 54301,
Respondent..
STIPULATION -AND ORDER TO
REOPEN, VACATE JUDGMENT, AND DISMISS
The Petitioner City of Oshkosh and the Respondent Alan L. Vaillancourt stipulate and
agree as follows:
1. The Petitioner filed this action pursuant to a citation that was issued on May
29, 2009, based upon Municipal Ordinance violations relating to the disrepair of property.
known as %1614 Spruce Street,,OshkQsh- Wisconsin.
2. The Respondent failed to appear in court and a default judgment was entered
in this matter on " June ;10, 2 _- ._,.
3. On June 16, 2009, the Respondent sent a letter to the Circuit Court Clerk
disputing both the underlying citation and the resulting judgment against him. This letter
from the Respondent, who has always acted in a pro se capacity, may charitably be
considered a request or motion to reopen this matter despite not complying with any Court
formalities.
4. The Respondent contacted the City of Oshkosh again on or around June 4,
2010, to follow up on his correspondence to the Court the previous year. At this time, the
Respondent again disputed the facts surrounding the underlying citations and the resulting
judgment.
5. The Respondent has made the following assertions to the City:
a. He was the vendee of a Land Contract related to 1614 Spruce
Street, Oshkosh, Wisconsin.
b. In 2005 he filed for relief pursuant to Chapter 7 of the Bankruptcy
Code. Within this bankruptcy, he stated that he had surrendered
this property to the vendor of the land contract.
c. He asserts that he did not reaffirm the Land Contract within his
bankruptcy. He further asserts that he has had no control, use,
involvement, or receipt of rents for the property at 1614 Spruce
Street from 2005 through the present.
d. His bankruptcy resulted in a discharge of debts on February 26,
2006.
e. His 2009 tax refund was intercepted in April 2010 because of this
judgment.
6. The parties agree that the title to the property technically remains in the name
of the Respondent, although in light of his bankruptcy and failure to reaffirm this debt there
is a dispute about the title to the property at 1614 Spruce Street, Oshkosh.
7. The Petitioner agrees that the Respondent disputed this judgment in a timely
fashion and arguably complied with the time requirements of Section 806.07, Wisconsin
Statutes and, therefore, agrees that this matter may be properly reopened.
8. The parties agree that based upon the circumstances of this situation, it would
be equitable to vacate the judgment entered in this matter, and that any funds received by the
Court through this judgment be returned.
9. The parties agree that based upon the circumstances of this situation, it would
be equitable to dismiss this matter without prejudice.
10. The sole purpose of this Stipulation is to vacate and dismiss, without
prejudice, the citation that was issued in this matter. The parties understand and agree that
the City of Oshkosh's stipulation has no bearing on the legal title to the property located at
1614 Spruce Street, Oshkosh, nor does the City of Oshkosh release the Respondent from any
other liability for anything, nor does the City waive any rights it may have against the
Respondent for anything, including but not limited to enforcement or others actions related to
1614 Spruce Street, Oshkosh.
/.i ce 10- As -1a
an L. Vail court Date
boi
it t \I.Dk 0
David J. Pr ka Date
Assistant City Attorney
S. B. # 1037074
ORDER ON
ALAN L. VAILLANCOURT
Based upon the agreement of the parties, this Court approves and adopts the foregoing
Stipulation.
IT IS THEREFORE ORDERED that this matter be reopened;
IT IS FURTHER ORDRED that the judgment entered herein be vacated;
IT IS FURTHER ORDERED that the Clerk of Courts refund to the Respondant Alan L.
Vaillancourt any funds related to this judgment which had previously been intercepted or otherwise
received;
IT IS FURTHER ORDERED that this matter be dismissed, without prejudice.
Dated this day of November, 2010.
BY THE COURT:
DANIEL J. BISSETT
COURT COMMISSIONER
WINNEBAGO COUNTY
CC: Alan L. Vaillancourt
City of Oshkosh