HomeMy WebLinkAbout03-0547James C. Morgart and
Jean E. Morgart,
Owners
Carlson Construction Inc.,
Contractor,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO.~.~-~¥'~ M.L.D.
STIPULATION AGAINST LIENS
WHEREAS, James C. Morgart and Jean E. Morgart of 15 Vista Way, Springfield, NJ , (the
Owners), have executed or are about to execute contemporaneously herewith a contract with Carlson
Construction Inc., a Pennsylvania corporation, of 1085 Country Club Road, Camp Hill, Pennsylvania (the
contractor"), for construction of home and other improvements to (collectively the "Improvements") on a tract
of land known as Tax Pamel No. 09-11-3004-098, 503 Leeward Lane, Lot 7, River Bend, East Pennsbom
Township, Cumberland County, Pennsylvania, more particularly described on Exhibit A attached hereto,
incorporated herein by reference and made a part hereof (the "Premises").
NOW, January ~27 ~---'h;', 2003, before any authority has been given by the Owners to the Contractor
to commence work on the Improvements, or to purchase materials for the same, or to enter into any
contracts with any subcontractors or materialmen, or to authorize any pumhasers by or through any
subcontractors or materialmen, and in consideration of the making of said contract with the Owners and the
further consideration of One ($1.00)) Dollar, the Contractor paid by Owners, and with the intent of all parties
to be legally bound hereby, it is agreed that no lien shall be filed against the Improvements, the Premises, or
any part thereof, by the Contractor or any subcontractor, or by and of the materialmen or workmen or any
other person for any labor, or materials pumhased, or extra labor or materials pumhased, for the
Improvements to the Premises (including hereafter changes made thereto), the right to file liens being
expressly waived.
It is the full intent of the Contractor, for itself and for any subcontractors or materialmen claiming for
themselves, or by, through or under the contract or the Contractor, that the right to file a mechanic's lien,
under the provisions of law and/or of Acts of Assembly in such cases made and provided, for work done or
materials furnished in and about the construction of the Improvements to the Premises is hereby waived.
IN WITNESS WHEREOF, the Owners and Contractor have executed this Stipulation Against Liens
the day and year first above written.
OWNERS:
ATTEST:
/
CONTRACTOR:
Carlson Construction, Inc.
By:
George 7arlson, President
F:\drg\5836 - Morgart, James C. & Jean\12072 - Real Estate\Documents'stipulation against mechanics liens..doc 1/24/03
11:42 AM
Exhibit A
ALL THAT CERTAIN piece, parcel or lot of lands situate in East Pennsboro Township, Cumberland
County, Pennsylvania; designated as Unit No. 7 on the Preliminary/Final Subdivision Plan by Rettew
Associates, for River Bend, A Planned Community dated November 15, 1996, amended January 7, 1999
and recorded in the Office of the Recorder of Deeds in and for Cumberland County on February 24, 1999,
in Plan Book 78, Page 75, and amended July 13, 2001 and recorded in the Office aforesaid on September
13, 2001 in Plan Book 83, Page 140, and being designated as Unit No. 7 in a Declaration of River Bend,
A Planned Community, dated October 9, 1998 and recorded in the Office of the Recorder of Deeds in and
for Cumberland County, in Miscellaneous Book 591, Page 477, being further bounded and described as
follows, to wit:
BEGINNING at a point on the Southern right-of-way line of Leeward Lane at the Northeast comer of
lands now or formerly of Manual and Drenda S. Cordeiro; thence along said right-of-way line of Leeward
Lane North seventy-nine degrees twenty-one minutes thirty-four seconds East (N 79° 21' 34" E), a
distance of one hundred twenty-one and seventeen hundredths (121.17) feet to a point; thence continuing
along same, by a line curving to the right having a radius of three hundred fifteen and zero hundredths
(315.00) feet, an arc length of forty-two and ninety hundredths (42.90) feet, and a chord bearing of North
eighty-three degrees fifteen minutes forty seconds East (N 83° 15' 40" E), a distance of forty-two and
eighty-seven hundredths (42.87) feet to a point, the Northwest comer of Lot No. 6 of River Bend, as
recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 65, Page
123; thence along said Lot South two degrees fifty minutes fourteen seconds East (S 02° 50' 14" E), a
distance of two hundred seventy-two and eighty-two hundredths (272.82) feet to a point on the Northern
line of Lot No. 5 of River Bend; thence along said Lot South eighty-four degrees three minutes twenty-
eight seconds West (S 84° 03' 28" W), a distance of one hundred fifty-two and forty hundredths (152.40)
feet to a point, the Southeast comer of said lands of Cordeiro; thence along said lands, North zero degrees
twenty-seven minutes fifty-five seconds East (N 00° 27' 55" E), a distance of two hundred sixty-three and
fifty-five hundredths (263.55) feet to a point, the Place of BEGINNING.
FOR INFORMATION ONLY: Lot 7, River Bend, 503 Leeward Lane, Enola, Pennsylvania 17025
TAX PARCEL NO. 09-11-3004-098