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Home My WebLink About04-4839STIPULATION AGAINST LIENS THIS AGREEMENT made the 15th day of April, 2004 by Hershey's Home Improvement hereinafter referred to AND Justin Flickinger hereinafter referred to as Owner, former undertook and agreed to erect and construct and between as Contractor, whereby the a sidewalk rehabilitation project at [20 South Chestnut Street, Mechanicsburg, Cumberland County, Pennsylvania. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of One Dollar ($1.00) to and in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the Agreement aforesaid, for themselves and their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the said buildings and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by them or any of them under said contract or otherwise, for, towards, in, or about the erection and construction of the said buildings on the lot above described and the said Contractor, for themselves, their subcontractors and others under them hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of them, and agree that this instrument, waiving the right of lien, shall be an independent covenant. WITNESS our hands and seals this 15th day of April, 2004. Signed, Sealed and Delivered in the Presence of Seal Seal Seal F/Belinda/Carlisle Sidewalk Improvement_ Program/contract & doc 17 COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND : jOjs tt ~S~ lihc~ ~dn~Yw~f/m~e ~ // ,2004, beforeme, the undersigned officer, personallyappeared i t satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal Kamn F. By~rs, Notary Public Carlide Bom, Cumberland County My Commissi~ Expires Mar. rS, 2007 Notary Public COMMONWEALTH OF PENNSYLVANIA : ~ SS COUNTY OF CUMBERLAND : On this, the ¢/~-~'~day~ of~Z~..,~2z~,..., / , 2004, before me, the undersigned officer, personally appeared Paul Hershey, who acknowledged himself to be the owner of Hershey's Home Improvement, and that he as such, being authorized to do so, executed the foregoing instrument for the purpose therein contain~ed by signing the name of the corporation by himself as Owner. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. Karen F. Byers, Notary I:~b~ic Carlisle Boro, Cumberland County '~_?om~_m_ ~i~ e~res Mar. ~, 2O07 STIPULATION AGAINST LIENS Owner: Justin Flickinger 120 South Chestnut Street Mechanicsburg, PA 17055 Contractor Hershey's Home Improvement 71 East Main Street Plainfield, PA 17081 Date: Prothonotary David H. Martineau, Esquire Attorney I.D. No. 84127 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Hamsburg, PA 17110-0300 (717) 238-8187 NEW CENTURY HOME EQUITY LOAN TRUST SERIES 2003-4 ASSET BACKED PASS-THROUGH CERTIFICARES 210 Commerce Irvine, CA 92602 Plaintiff V. APRIL YOUNG & DWAYNE G. YOUNG a/k/a DUWAYNE G. YOUNG 290 Liberty Drive Shippensburg, PA 17253 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-4839 CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, come Defendants April Young and Dwayne G. Young, by and through their attorneys, Metzger, Wickersham, Knauss & Erb, P.C., and answers Plaintiff's Motion for Summary Judgment as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. By way of further answer, Defendants' ,a~nswer with New Matter raises the specific issue of fact that Defendants' tendered payment as required under their mortgage agreement with Plaintiff and that Plaintiff failed to accept timely and properly made payments. 5. Admitted that an Affidavit is attached. The allegations of Paragraph 5 are denied to the extent that the allegations of the affidavit suggest that Defendants did not fulfill their obligations under the mortgage or that the amounts due from Plaintiff include anything other then the normal principal and interest. See Affidavit of April Young, attached as Exhibit "A" for specific allegations contradicting those of Plaintiff's Complaint and Motion for Summary Judgement. WHEREFORE, Defendants April Young and Dwayne (3. Young respectfully request this Honorable Court to deny Plaintiff's Motion for Summary Judg~nent. METZGER WlCKERSH~MM KNAUSS & ERB, P.C. David H. Martineau, Esquire Attorney ID No. 84127 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Date: December 7_.~, 2004 317892-1 VERIFICATION We, April Young and Dwayne G. Young, do hereby veri:f'y that the facts set forth in the foregoing Answer are tree and correct to the best of our personal, knowledge or information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Dated: ~ ,2004 317892-1 CERTIFICATE OF SERVICE I, David H. Martineau, do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) indicated below by sending same in the United States Mail, first-class, postage prepaid: Joseph A. Goldbeck, Jr., Esquire Goldbeck McCafferty & McKeever Mellon Independence Center- Suite 5000 701 Market Street Philadelphia, PA 19106 David H. Martineau METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for April and Dwayne Young Date: December '2 ~) , 2004 317892-1 Exhibit A David H. Martineau, Esquire Attorney I.D. No. 84127 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 NEW CENTURY HOME EQUITY LOAN: TRUST SERIES 2003-4 ASSET BACKED: PASS-THROUGH CERTIFICARES : 210 Commerce : Irvine, CA 92602 Plaintiff V. APRIL YOUNG & DWAYNE G. YOUNG a/k/a DUWAYNE G. YOUNG 290 Liberty Drive Shippensburg, PA 17253 Defendant IN THE COURT OF COMMON PLEAS CLIMBERLAND COUNTY, PENNSYLVANIA No. 04-4839 CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE AFFIDAVIT OF APRIL YOUNG I, the undersigned, being duly swom according to law, depose and say, that I am April Young, named defendant in the above captioned case, and I hereby certify to the following: I am responsible for making payments on the mortgage that is the subject of this action. 2. I did submit each and every payment due to Plaintiff starting August 2003 until February 2004. 3. Each payment submitted to Plaintiff as noted abc,ve was in the proper amount due for each monthly payment during that time. 4. Each payment submitted to Plaintiff as noted above was submitted on or before the date on which the payment was due. 317994-1 5. Each payment submitted to Plaintiff as noted above was submitted to Plaintiff by depositing the same in the United States Mail, first class, postage pre-paid, except as noted in paragraph 7 below, and addressed as requested by Plaintiff. 6. Each payment submitted to Plaintiff as noted above was made by personal check, except as noted below in paragraph 8, made payable to Plaintiff. 7. I submitted payment in the amount of $1,000 tc, Plaintiff on January 15, 2004 by bank check from M& T Bank, Check No. 288302685-3, dated .ranuary 12, 2004. 8. The payment noted in paragraph 7 above was submitted to Plaintiff by Express Mail fi.om the United States Postal Service. 9. The United States Postal Service confirms that Plaintiff did receive the payment noted in paragraph 7 above. 10. Plaintiff has not attempted to negotiate any payment that I have submitted. 11. By letter dated February 18, 2004, Plaintiff indicated that it would not accept any further regular payments. 12. On or about February 18, 2004, Plaintiff returned my Check No 312 dated October 17, 2003, indicating that payment would not be accepted because Plaintiff had placed my account in foreclosure status. Check No 312 was written by me on October 17, 2003 and submitted to Plaintiff on 13. the same date. 14. I and Dwayne G. Young have upheld all of our obligations under our Mortgage and the related documents. 15. I have maintained all fimds due to Plaintiff. 317994-1 16. I am now and at all times since the inception of the Mortgage have been ready, willing and able to make payment to Plaintiff of all monies due to Plaintiff under the Mortgage. I declare that the foregoing facts are within my personal iknowledge and are tree and correct and the other facts contained herein are true and correct to the best of my knowledge, information, and belief. Executed on: Signed by: ~a~y~, 2004 at Shippensburg, Cumberland County, Pennsylvania (Signa[t~re) (,.),.- v April Young (Prim or Type Name) Sworn to and subscribed before me this ~?"-day of [~,~ec , 2004. Notai'y l~ublic Notarial Seal Angela M. Miller, Notaqt Public City of Harrisburg, Dauphin County My Commission Expires Oct. 15, 2006 317994-1