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HomeMy WebLinkAbout03-0323GATEWAY CONSTRUCTION, 1NC. P.O. Box 247 5 Raydom Street Summerdale, PA 17093 FRANK W. MANDAL1NO AND CYNTHIA M. MANDAL1NO 2433 E. Bayberry Drive Harrisburg, PA 17112 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. STIPULATION AGAiNST LIENS STIPULATION AGAINST LIENS THIS AGREEMENT made this ~ day of January, 2003, by and between Gateway Construction, Inc. of Summerdale, Cumberland County, Pennsylvania, hereinafter referred to as Contractor, and Frank W. Mandalino and Cynthia M. Mandalino, hereinafter referred to as Owner, whereby the former undertook and agreed to construct improvements to the structure on that certain lot of ground situate in the Borough of Lemoyne, County of Cumberland, Commonwealth of Pennsylvania, a description of which is attached hereto. NOW THEREFORE, THIS AGREEMENT WITNESSETH; that the said Contractor, for and in consideration of the sum of One ($1.00) Dollar to Gateway Construction, Inc., Contractor, in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in this 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 lien 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 ~ day of January, 2003. SIGNED, SEALED AND DELIVERED 1N THE PRESENCE OF: ATTEST: GATEWAY CONSTRUCTION, INC. By:~ Perry L. Smith, President WITNESS: LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land located in the Borough of Lemoyne, County of Cumberland, and Commonwealth of Pennsylvania, being Lot 4 of the Subdivision Plan for Claude Wheeler recorded in Cumberland County Plan Book 84 at page 45, more particularly described as follows: BEGINNING at an iron pin at the corner of Lots 3 and 4 of the above referenced subdivision plan; thence along State Street North 85 degrees 51 minutes 58 seconds East a distance of 143.54 feet to an iron pin; thence along lands now or formerly of Susan S. Smyser South 00 degrees 00 minutes 12 seconds West a distance of 102.38 feet to an iron pin; thence along lands now or formerly of said Susan S. Smyser South 88 degrees 59 minutes 55 seconds East, a distance of 21.46 feet to an iron pin; thence along lands now or formerly of said Susan S. Smyser South 00 degrees 00 minutes 12 seconds West a distance of 51.69 feet to an iron pin; thence along lands of Consolidated Railroad South 89 degrees 00 minutes 57 seconds East a distance of 167.07 feet to an iron pin; thence along the previously mentioned Lot No. 3 North 00 degrees 59 minutes 03 seconds East a distance of 141.26 feet to an iron pin, the point and place of BEGINNING. TOGETHER WITH AND UNDER AND SUBJECT to a 24-foot wide cross access easement with Lot No. 3 of the aforementioned Subdivision Plan. BEING part of the same premises which Claude Wheeler, Sr., by virtue of deed dated July 29, 1988 and recorded August 22, 1988 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "N", Vol. 33 at page 341, granted and conveyed unto Claude Wheeler, Sr. and Patsy L. Wheeler. l~ Q ~- SL, G ~ - a ~-~ ~ -~~~~: ~~~ ~~ -f, ~ ~ ~_: _ ~`,. v _ ~~~ - r ~, ~' = ~ ~ .~ ' ~ _~ fi r-- ~S ~""