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HomeMy WebLinkAbout03-6370From:,skxl Hair (717) 234-3289 To: Dave Martin Date: 10/242003 Time: 4:05:54 PM Page 2 of 3 The Rolls-Royce Owners' Club, Inc., now known as The Rolls- Royce Foundation ou-1 h-11' V. Michael L. Martin, Inc., Cc t r rr c ' vY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. b3-G3qU `;u _r NO. AGAINST LIENS * WHEREAS, The Rolls-Royce F-0oncla-iLle)n of the City of Harrisburg, Dauphin County, Pennsylvania, is about to execute contemporaneously herewith, a contract with Michael L. Martin, Inc. of York County, Pennsylvania, for the erection of a dwelling upon a lot of land situate as follows: See legal description attached hereto and made a part hereof as Exhibit "A". NOW, the ___aCqn,, day of October, 2003, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said*The Rolls-Royce ( bo rydk own, to the said Michael L. Martin, Inc. to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with Michael L. Martin, Inc. and the further consideration of One Dollar, to Michael L. Martin, Inc. paid by*fhe Rolls-Royce Feu: rkzan , 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 hand and seals the day and year aforesaid. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF COMMONWEALTH OF PENNSYLVANIA Notww saw dwim L Dupan, Notuy Pudic Member, PemsyNanla Assadalbn d NoWm The Ro 1-R e F'ot-rv 1rio?n <,-. ?Ir J CONTRACTOR: Michael L. Martin, Inc. *The Rolls-Royce Owners' Club, Inc., now known as Xokq-'D l? N ALL THAT CERTAIN Tract or Land esttuate in the Tcwnohip of 5:clV'er Spring, County of Cumberland and State of Pennayivania, more parti- cularly bounded and described according to survey made by John C. 'Sri.lhart, Registered Surveyor eurveylna and mapping servIcar, • Mechanicsburg, Pennaylvan?a, dated rLugust 2(D,, 1,974, as follows, to wit C-Yr; l BEGINNING at s point In the Southwesterly rigght-of•-way line of a? Hemyyt.Road (L. R. 21018), at corner of lands of Flight Systems, Inc,, qr; aaidrpoint beinz..,oeferencad as 493 feet from the center line of Texaco Road (L• tt. 21017); as meaeu along Said riahu-cf-way' line of Hempt Road; thence extending along the line of'naid land of Flight Systems, Inc., South 51 de,ggrees 50 minutes west, f'1ve hun- dred thirteen and nine one-h".rAredths (513.09) feet to a stake; thence along the line of other lands of `silver Spring Indnatttea, Inc., of whiah,,;this is a art, North 38 degrees 10 minutes West, one hundred s'L tY-five and thirty-.eight one-iiur,dredthe (165,38) feel: to a etake• thence continuing along the 1,i.neof 7.snde of the 52me North 50 de roea? 4r3 minutes 30 noconds East, five hundred ninri and 'eighty-Sour ors -hundredths (509.84+) £ee't to a stake In the South- waater y right-of_way line of Rempt Roacl (l,. R. '21016}, aforesaid; thence along said right-o£-way 11ne or F10mpt itoad' South 39 degrees 16 zni.nutes 30 ©econds East, one hundred Si. '„y-twoand forty-aighC one-hundredths (152.43) feet Sao a polnc; thenco by the asm2 to a 9outhaieterly direction 'by the arc of a circ`-a ourVing to 'Ghe loft, said circle having a radius of PiFCy-seven hundred nine -and eixty- £ive one-hundredths (5709,65) feet '•ne arc distance o:C twenty-two and eighty-one one-•hundredtho (22.41) £e®c to a poiri't in said right-o£-way line at corner of land of rlisht Systems, Inc., afore- said, the point and place of 13EGINNT110, CCNTA_7_NIN01 .2.0 acres. r J v. w w ? J 1 Ul r5 n c ^p2 I ter. t. CD 7 aD J a 0 T {j 5-1 ^t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA William E. Ferris and Kerri E. Ferris Plaintiffs VS. Bruce Rotz and Patsy Rotz Defendants No. 04-6370 Civil Action - Law ANSWER TO DEFENDANTS' PETITION FOR SUPERSEDEAS Now comes the Plaintiffs, William E. Ferris and Kerri E. Ferris, by and through their Attorney, H. Anthony Adams, and sets forth the following: 1. It is admitted that the Court entered the Order as set forth on January 22, 2007. Defendants since that time have failed in all respects to remove the gates, barrier or obstructions across the prescriptive easement and continue to do so. Defendants have demonstrated that they have no intent to comply with the Court's Order. 2. It is admitted that the motion for post-trial relief was denied. 4. (3 is missing in Defendants' Petition) An appeal was filed however the Pennsylvania Rules of Appellate Procedure clearly state that the Court of Common Please continues to have jurisdiction. 5. Plaintiffs further Answer the Defendants have made no attempt to comply with the Court Order of January 22, 2007 and only after two requests for finding of contempt have Defendants requested supersedas and if such request is granted set bond at a sum in excess of $200,000.00 to cover the possible permanent loss of the trees on Plaintiffs land. Five years have gone by since Plaintiffs have had access to their land for hunting or recreation. Further Plaintiffs were unable to access their land to check for gypsy moth damage or to treat to prevent such damage, if that damage continues their Plaintiffs will be permentantly and irreparably harmed. Respectfully submitted, 1. H. AnthonyVaiff , Attorney for Plaintiffs 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 VERIFICATION I verify that the statements made in this Answer 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. Date: b ?illia&mE=FrrrisN Jf7 Date: ? V D 11- 66i?,L - Kerri E. Ferris