HomeMy WebLinkAbout08-11251
W. Thomas Kirchhoff, Jr. and Staci D. Kirchhoff : IN THE COURT OF COMMON PLEAS
Owner-Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
MECHANICS' LIEN
No. pg_ i t a5 MI.D
Glenn D. Livelsberger, Inc., t/a Heritage
Builders, Contractor-Defendant
STIPULATION AGAINST LIENS
The undersigned contractor, materialman or other entity or person furnishing services, labor or
materials, known as Glenn D. Livelsberger, Inc., t/a Heritage Builders, a Pennsylvania corporation (the
"Contractor") intending to be legally bound, and in consideration of the sum of ONE AND NO/100
DOLLARS ($1.00} to it in hand paid by W. Thomas Kirchhoff, Jr. and Staci D. Kirchhoff, husband and
wife ("Owner") the receipt whereof is hereby acknowledged, for itself and any subcontractors,
materialmen, laborers or anyone else acting through or under it, covenants and agrees that no mechanics
or materialmen's liens or claims shall be filed or maintained by it, them or any of them, against the real
estate described in Schedule "A", attached hereto and made a part hereof, or against any buildings or
other improvements thereon (jointly and severally, the "Real Estate"), for or on account of any work to
be done or materials furnished under the principal contract between Owner and Contractor, dated
October 19, 2007, or under any supplemental contract, verbal or written, or contract for extra work or
materials relating to and work to be done or material furnished under said principal contract. The
undersigned, for itself, its subcontractors, materialmen, laborers and anyone else acting or claiming
through or under it, hereby waives and relinquishes all right to file a mechanics' lien, claim or notice of
intention to file any lien or claim against the Real Estate.
The undersigned, for itself, its subcontractors, materialmen, laborers and anyone else acting
under or through it, hereby irrevocably authorizes and empowers any attorney of any court of competent
jurisdiction of the Commonwealth of Pennsylvania, or elsewhere, to appeaz as attorney for it, them or any
of them, in any such court and, in its or their name or names, mark satisfied of record at the cost and
expense of the undersigned, any and all claims, liens, any pleading or instrument, or any amendment to
any pleading or instrument previously filed by it or them, to incorporate therein as part of the record this
waiver and for such act or acts this waiver shall be good and sufficient warrant and authority, and the
undersigned for itself, and for them, does hereby remise, release and quit-claim all rights and all manner
of errors, in filing such pleading, instrument or amendment, or in any way concerning them.
Owner shall have the absolute right in their name(s) or in the name of the undersigned or any
other entity or person who shall have filed a claim or lien, to cause any and all such claims or liens to be
discharged by any other instrument, pleading or proceeding permitted at law or in equity.
The undersigned hereby avers, represents and warrants that no work has commenced on the Real
Estate and no labor or materials have been delivered to the Real Estate or furnished for the improvement
of the Real Estate by the undersigned or by any subcontractor, materialman, laborer, or other person or
entity, and that no authorization has yet been given by the Owner to the undersigned to commence work
or purchase materials in connection with the Real Estate.
{A1034652:1}
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This Stipulation is made and intended to be filed with the Cumberland County Prothonotary in
accordance with the requirements of the Mechanics' Lien Law of 1963 of the Commonwealth of
Pennsylvania.
IN WITNESS WHEREOF, the undersigned have caused this instrument to be duly executed as of
the i S±`' day of November, 2007.
WITNESS: OWNER:
l0~ ~~c"''l ' t~`'`r~`` ~' ~/ ' /~ (SEAL)
W. Thomas Kirchho
1,._/eS~-~ ~' l''(~-~ v ` 1~ (SEAL)
Staci D. Kirchhoff
ATTEST/WITNESS: CONTRACTOR: Z'r~'
_.._ By ~ '
Name:
Title:
{A1034652:1}
SCHEDULE A
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne,
Cumberland County, Pennsylvania, more particularly bounded and described as follows,
to wit:
BEGINNING at a point on the western line of the right-of--way of the Pennsylvania
Railroad (formerly Northern Central Railroad) and the southern line of the right-of--way
of the Pennsylvania Department of Highways; thence along said western line of the
right-of--way of the Pennsylvania Railroad, South 39 degrees 18 minutes East, 41.15 feet
to a point; thence by the same, South 43 degrees 57 minutes East, 211.78 feet to a point;
thence by same, South 43 degrees 42 minutes East, 198 feet to a point; thence by the
same, South 43 degrees 27 minutes East, 158.4 feet to a point at the corner of lands now
or late of Jacob Longenecker, et al.; thence by the said lands, the following courses and
distances to a point on the southern side of the aforementioned highway: South 70
degrees 18 minutes West, 621.02 feet; North 22 degrees 39 minutes West, 255 feet;
North 55 degrees 34 minutes West, 198.88 feet; thence along said southern line of the
right-of--way of the aforementioned highway, the following courses and distances to a
point and the place of BEGINNING: North 56 degrees 32 minutes East, 123.65 feet;
North 55 degrees 26 minutes East, 100 feet; North 54 degrees 21 minutes East, 100 feet;
North 53 degrees 30 minutes East, 100 feet; North 53 degrees 00 minutes East, 100 feet.
CONTAINING 6.218 acres.
EXCEPTING THEREOUT AND THEREFROM the following described portion of the
above described property:
BEGINNING at a point on the southern right-of--way line of Pennsylvania State Highway
Legislative Route No. 708 (Old U.S. Route No. 11) at a point being the center line of a
20 foot wide private road running generally south from said Pennsylvania State Highway
Route No. 708 at line of other lands of the Grantor described herein; thence in a generally
southwardly and southeastwardly direction along the center line of said 20 foot wide
private road the following three (3) courses and distances: (1) South 45 degrees 55
minutes East, 94.53 feet to a spike in the center of said private road; (2) South 54 degrees
26 minutes East, 157.18 feet to a stake in the center of said private road; and (3) South 81
degrees 57 minutes East, 195.63 feet to a point, the center of and the termination of said
private road; thence along other lands of the Grantors herein the following three (3)
courses and distances: (1) South 28 degrees 06 minutes East, 10 feet to a point; (2) North
61 degrees 54 minutes East, 171.48 feet to stake now a 6 inch oak tree and (3) North 46
degrees 18 minutes East, 149.50 feet to a point which is on the western right-of--way line
of the Pennsylvania Railroad Company, North Central Branch, and is located 50 feet west
of the center line of the track system located in said railroad right-of--way; thence in a
generally southwardly direction along the western right-of--way line of Pennsylvania
Railroad Company and 50 feet to the west of the center line of the railroad tracks located
in said right-of--way the following two (2) courses and distances: (1) South 43 degrees 42
minutes East, 59.14 feet to a point; and (2) South 43 degrees 27 minutes East, 158.40 feet
to a point at line of lands now or formerly of W. Minster Kunkel, et al.; thence along said
last mentioned line of lands of W. Minster Kunkel, et al. the following three (3) courses
and distances: (1) South 70 degrees 18 minutes West, 621.02 feet to a point; (2) North 22
{A1034652:1}
degrees 29 minutes West. 255 feet to a point; and (3) North 55 degrees 34 minutes West,
198.88 feet to a point on the southern right-of--way line of Pennsylvania Legislative Route
No. 708; and thence in a generally eastwardly direction along the said southern
right-of--way line of Pennsylvania Legislative Route No. 708, North 56 degrees 32
minutes East, 51.40 feet to a point in the center line of a 20 foot wide private road, the
place of BEGINNING.
CONTAINING 2.387 acres computed in accordance with a survey plan of Robert G.
Sherrick, Registered Surveyor, dated October 4, 1967, from which the above-mentioned
description was drawn.
Cumberland County Tax Parcel No. 12-20-1858-001.
{A1034652:1 }
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