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HomeMy WebLinkAbout02-5523THOMAS V. ROWE and SUSAN J. ROWE, Owners VS. RIDGEVIEW CUSTOM HOMES, Contractor : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : :NO. ~),,2. - ,3 5 2_q : STIPULATION AGAINST LIENS THIS AGREEMENT made and concluded this i 344~ day of November, 2002, between THOMAS V. ROWE and SUSAN J. ROWE, 226 Persimmon Lane, Elizabethtown, Pennsylvania, party of the first part (hereinafter called Owner), and RIDGEVIEW CUSTOM HOMES, 945 Ridge Road, Shippensburg, Cumberland County, Pennsylvania, party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed Agreement under seal, dated even date herewith, entered into an written contract for the construction and completion of a single-family dwelling located at Lot No. 5 - Lisburn Meadows, Mechanicsburg, Cumberland County, Pennsylvania. NOW THIS AGREEMENT WITNESSETH at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Owner to the said Contractor to commence work on the said building, or purchase materials for the same in consideration of the marking of the said contract with Contractor and the further consideration of one Dollar, to Contractor paid by Owner, 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 of said building, the right to file such liens being expressly waived. WITNESS, our hands and seals the day and year aforesaid. Signed, Sealed and Delivered .Sa~lll.e, presence~f) ~1[ Thomas V. Rowe, Owner Sus~ Herb Weaver !0w Ridgeview Custom Homest/-/- ~-~ SHARON E. KEATING, PlAintiff Vo THE BEACON GROUP, INC., BEACON GROUP, INC., HAMPDEN COMMONS CONDOMINIUM ASSOCIATION and HAMPDEN CENTER INCORPORATED, Defendsnts LIBERTY EXCAVATORS, INC. Additional Defendant IN THE COURT OF COMMON PI.gAS CUMBERL~,&rI) COUNTY, PENNSYLVANIA NO. 03-5523 CIVIL ACTION - LAW JURY TRIAL DEMANDED required. 10. DEFENDANT HAt. DEN COMMONS CONDOMINIUM ASSOCIATION'S RESPONSE TO AI)DITIONAL DEFENDANT LIBERTY EXCAVATORS, INC.'S NEW MATTER Paragraph 9 is an incorporation paragraph, to which no answer is The averments contained in Paragraph 10 are a conclusion of law to which no answer is required. To the extent that an answer is required, it is specifically denied that the Joinder Complaint of the Answering Defendant fails to state a cause of action against additional Defendant. To the contrary, a valid contract existed between the Additional Defendant and the Answering Defendant which gives rise to the Joinder Complaint and a valid of cause of action hereunder. 11. The averments contained in Paragraph 11 are conclusions of law to which no answer is required. 12. The averments contained in Paragraph 12 are conclusions of law to which no answer is required. 13. The averments contained in Paragraph 13 are conclusions of law to which no answer is required. To the extent that an Answer is required, it is specifically denied that any of the claims made by the Answering Defendant are time barred. 14. The averments contained in Paragraph 14 are conclusions of law to which no answer is required. 15. The averments contained in Paragraph 15 are conclusions of law to which no answer is required. 16. The averments contained in Paragraph 16 are conclusions of law to which no answer is required. 17. The averments contained in Paragraph 17 are conclusions of law to which no answer is required. 18. The averments contained in Paragraph 18 are conclusions of law to which no answer is required. 19(a)-(h). The averments contained in Paragraphs 19(a) through 19(h) are conclusions of law to which no answer is required. 20. The averments contained in Paragraph 20 are conclusions of law to which no answer is required. 21. The averments contained in Paragraph 21 are conclusions of law to which no answer is required. 22. The averments contained in Paragraph 22 are conclusions of law to which no answer is required. 23. Denied. Upon reasonable investigation Answering Defendant is without information or belief as to the truth of the averments contained in Paragraph 23, hence they are denied and proof is demanded at time of trial. 24. Denied. Upon reasonable investigation A~Lswering Defendant is without information or belief as to the truth of the averments contained in Paragraph 24, hence they are denied and proof is demanded at time of trial. 25. Denied. Answering Defendant is without information or belief as to the truth of the averments contained in Paragraph 25, hence they are denied and proof is demanded at time trial. 26. The averments contained in Paragraph 26 are conclusions of law to which no answer is required. To the extent that an answer is required, it is specifically denied that the Answering Defendant is alone liable to the Plaintiff or liable over to the Additional Defendant in any way. 27. The averments contained in Paragraph 27 are conclusions of law to which no answer is required. To the extent that an answer is required, it is specifically denied that the liability of Answering Defendant is secondary and 3 passive to the liability of Additional Defendant as it is their responsibility pursuant to the contract which existed to maintain the property at issue in this case. CROSS CLAIM PURSUANT TO PA R.C.P. 2252(d) Paragraph 28 is an incorporation paragraph to which no answer is 28. required. 29. The averments contained in Paragraph 29 pertain to party other than Answering Defendant, hence no answer is required. 30. The averments contained in Paragraph 30 pertain to a party other than Answering Defendant, hence no answer is requirecl. WHEREFORE, Defendant Hampden Commons Condominium Association respectfully requests that this Honorable Court dismiss. Plaintiffs counter claim without costs to it. Date: Respectfully submitted, THOMAS, THOI~%S & HAFER, LL~ / \ Attorney I.D. # 70102 Shawn E. Smith, Esquire Attorney I.D. No. 86121 305 North Front Street P.O. Box c~99 Harrisburg, PA 17108 (717)237-7101 Attorneys for De:gendant Hampden Commons Condominium A~,Isociation 4 CERTIFICATE OF SERVICE I, Shawn E. Smith, Esq., of the law offices of Thomas, Thomas & Hafer, LLP, do hereby certify that I served a true and correct copy of the, foregoing document upon the following persons via United States mail, first class, postage prepaid, as follows: Joseph A. Coffey, Jr., Esq. Coffey & Kaye Suite 718 Two Bala Plaza Bala Cynwyd, PA 19004 Lisa Bellino Apelian, Esq. Law Office of Robert J. McDade 150 South Warner Road Suite 270 King of Prussia, PA 19406 Date: Robert Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way ~-~ York, PA 17402 E~