HomeMy WebLinkAbout03-0390007393-00003/1.14.03/J RD/DM/166952.1
STIPULATION AGAINST LIENS
RICHARD W. ESSER and BETSY H. ESSER,
husband and wife,
Owners
THOMAS J. CARRICATO & SONS, BUILDERS INC.
Contractor
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ~.~ MLD, 2003
WHEREAS, RICHARD W. ESSER and BETSY H. ESSER, husband and wife, of 108 Old Orchard
Drive, Camp Hill, York County, Pennsylvania, hereinafter called "Owners", have executed a Construction
Agreement, dated January 22, 2003 ("Agreement"), with THOMAS J. CARRICATO & SONS, BUILDERS
INC., a domestic corporation, of 50 Lester Road, Steelton, Dauphin County, Pennsylvania, hereinafter called
"Contractor", for the construction of a two (2) story dwelling, including an attached garage, together with site
work and other improvements (collectively "Improvements") upon real estate situate in Monroe Township,
Cumberland County, Pennsylvania, being more and particularly bound and described as follows:
ALL THAT CERTAIN tract of land, situate in the Township of Monroe, County of Cumberland, and
Commonwealth of Pennsylvania, being more particularly bounded and described as follows:
BEGINNING at a point on the southern right-of-way line of Lucinda Lane at the corner of Lot No. 31
and Lot No. 32 as shown on the hereinafter mentioned plan of lots; THENCE along said right-of-way line,
North 76 degrees 19 minutes 54 seconds East, a distance of 163.931 feet to a point; THENCE continuing
by a curve having a radius of 225.00 feet and an arc length of 31.162 feet to a point at the dividing line
between Lot No. 30 and Lot No. 31; THENCE along said dividing line, South 12 degrees 22 minutes 31
seconds East, a distance of 239.504 feet to a point; THENCE continuing, South 08 degrees 27 minutes 49
seconds East a distance of 197.485 feet to a point; THENCE North 86 degrees 40 minutes 24 seconds
West, a distance of 246.887 feet to a point at the dividing line between Lot No. 31 and Lot No. 32;
THENCE along said dividing line, North 11 degrees 10 minutes 50 seconds East, a distance of 143.347
feet to a point; THENCE continuing North 12 degrees 22 minutes 31 seconds West, a distance of 259.629
feet to a point, said point being the Place of BEGINNING.
BEING Lot No. 31, Subdivision Plan of Duffield Crossing, Phase III, dated November, 2000, last
revised September 26, 2001, recorded December 14, 2001 in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania, in Plan Book 84, Page 78.
007393-00003/1.14.03/JRD/DM/166952.1
CONTAINING 1.946 acres.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That Contractor, for and in consideration
of the sum of One ($1.00) Dollar to Contractor in hand paid by Owners, receipt whereof is hereby
acknowledged, and the further consideration set forth in the Agreement, for itself and its subcontractors, and
all persons and parties acting through or under Contractor and Contractor's subcontractors, covenant and
agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the
above-described real estate for or on account of any work done or labor or materials fumished by them or
any of them under the Agreement for, towards, in, or about the construction of the Improvements upon the
above-described real estate and Contractor, for itself, Contractor's subcontractors and others under them
hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims
against the Improvements and the above-described real estate, 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.
Richard W. Esser
Betsy H. I~sser
Contractor:
THOMAS J. CARRICATO & SONS, BUILDERS INC.
T omas J. Cyrhca[o,-15resi<3em