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HomeMy WebLinkAbout05-0870 , , JOHN D. KOHR, III and ELIZABETH KOHR, Owners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. : MECHANIC'S LIEN : NO. OS:-r870 {Y\LD WILDCAT RIDGE CONTRACTING DAVID ROTH, BUILDER Contractor . . STIPULATION AGAINST LIENS The undersigned contractor, materialman or other entity or person furnishing services, labor or materials, known as WILDCAT RIDGE CONTRACTING., (the "Contractor") intending to be legally bound, and in consideration of the sum of ONE AND NOII00 DOLLAR ($1.00) to it in hand paid by JOHN D. KOHR, III and ELIZABETH KOHR, ("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, 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 of 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 an attorney or any court of competent jurisdiction of the Commonwealth of Pennsylvania, or elsewhere, to appear 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 its name 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 440221 4 the improvement of the Real Estate by the undersigned or by any subcontractor, materialmen, 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. 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 has caused this instrument to be duly executed as of the ~ day of PEe. ,2005. CONTRACTOR: WILDCAT RIDGE CONTRACTING. By: t1a-- ~...~ Name: l.({4fl..O fV f!J@..ookJ~41{ r Title: P /1'-. r tv G~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUff} J:u.J- ,JJ (U71C( - ) :SS ) . On this, the ~ day of ~ ~' 2005, !efore 'Ye, a Notary Public, the ondersi~ oflicer, personally appeared ~t7!1. _reo j.( tJ Cl ~ , known to me the 1~a11JJ.ifp( of WILDCAT RIDGE CONTRACTING., and as such , has executed the within instrument, and acknowledged that Ie _ executed the same for the putpose therein contained. IN WITNESS WHEREOF, J hereunto setmrnz~~~ Notary Public My Commission Expires ~ cl<-( --200<€OMl"'lO~;"!1i, , .. 0t'",;;, ' ~------NOTAA'AL ;E~2 : lVANIA ?hristie L. Underkoffler Notary Publ' 'C'I''''', S' ~ ' Ie , v:.", ,pring I wp., Cumbert;'M C ',." r.."",,~,,,~, r- . ounty . ", .' ,""'"' -"''''T''' h'"',! ?t1, 2006 440221 2 .. .~ SCHEDULE "A" ALL THAT CERTAIN lot or tract of land situate in the Township of Hampden, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the center of the public road leading from Wertzville to Enola at corner of lands now or formerly of Jacob W. Walters and wife; thence along the center of the said public road South 86 degrees 11 minutes East, one hundred thirty-one (131) feet to land now or formerly of John A. Wentz; thence by said Wentz land South 12 degrees 30 minutes East, two hundred fifty (250) feet to a point; thence still by said Wentz land South 83 degrees 49 minutes East, one hundred fifty (150) feet to land now or formerly of B.N. Stone; thence by said land of B.N. Stone South 12 degrees 49 minutes East, three hundred twenty-nine and one-tenth (329.1) feet, more or less, to land now or formerly of J.D. Spangler; thence along said Spangler land North 86 degrees 11 minutes West, two hundred eight-one (281) feet to land now or formerly of Jacob W. Walters and wife; thence along said Walters land North 12 degrees 30 minutes West, five hundred eight-five (585) feet to the center of the aforesaid State Road, the place of BEGINNING. HA VlNG THEREON erected a one and one-half story cinder block and frame dwelling house, and being known as and numbered 6475 Wertzville Road. UNDER AND SUBJECT to all rights, restrictions, easements and rights-of-way of prior record. Parcel # 10-14-0844-022 J::::::> 0 ~ ~ ~ <.}l 0 ~ -U. C c;;- Q-) u~ -D .' \ ~ '; ......,. -:'\" Y\ R (., " ~ ~ Ci ":-- ~ (/) ~. -+-- ;;s- ). ~ ~ -r ( :) Sf ~ ~: