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
~
~: