HomeMy WebLinkAbout03-1265RICHARD AND MARILYN ABRAMS
Owners-Plaintiffs
GLENN D. LIVELSBERGER, 1NC.
t/a HERITAGE BUILDERS,
Contractor-Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MECHANICS' LIEN
NO. 03 -- /.,~,~,~"
STIPULATION AGAINST LIENS
The undersigned contractor, materialman or other entity or person furnishing services, labor or
materials, known as GLENN D. LIVELSBERGER, INC.t/a HERITAGE BUILDERS (the "Contractor"),
intending to be legally bound, and in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00)
to it in hand paid by RICHARD AND MARILYN ABRAMS ("Owners") 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, dated ~~_, 2003, 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 or 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 any attorney of 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 their name(s) 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 the improvement
of the Real Estate by the undersigned or by any subcontractor, materialman, 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.
/i~W~ITNESS WHERI}OF, the undersigned has caused this instrument to be duly executed as of
the lff day of ~ ,2003.
WITNESS:
CONTRACTOR:
GLENN D. LIVELSBERGER, INC.
t/a HERITAGE
Title:
UILDERS
ALL- THOSE TWO (2) CERTAIN parcels of land, situate in Lemoyne Borough,
Cumberland County, Pennsylvania, ~known as Lots 13 and 14 on a plan recorded in Plan
Book 58. at Page 26, bounded and described as follows, to wit:
Parcel #1 (Lot 13):
BEGINNING at a point on the right-of-way line of White Oak Circle, said point being on
the dividing line of Lot No. 13 and Lot No. 14 on a Plan of Lots, Plan Book 58, Page 26;
thence along said dividing line North fifty-three (53) degrees fifty (50) minutes no (00)
seconds West one hundred twenty, and no hundredths (120.00) feet to a point; the~nce
continuing along said dividing li}ae North twenty-three (23) degrees forty-three (43)
minutes nine (9) seconds West two hundred forty-one and three hundredths (241.03) feet
to a point along the fight-of-way line of River View Road; thence along said right-of-way
line of River View Road North forty-seven (47) degrees twenty-five (25) minutes twenty
..(20) seconds East one hundred seventy-one and ninety-four hundredths (171.94) feet to a
point; thence continuing along said right-of-way line along a curve to the left and an arc
radius of eighty and no hundredths (80.00) feet and an arc distance of sixty-one and
ninety-five hundredths (61.95) feet to a point along lands now or formerly of Dr. W.
Minster Kunkel; thence along lands now or formerly of Dr. W. Minster Kunkel South
thirty-three (.33) degrees one (1) minute thirty-five (35) seconds East three hundred one
and eighty-nine hundredths (301.89) feet to a point along the dividing line between Lot
No2 12 and Lot No. 13 on the hereinbefore mentioned Plan of Lots; thence along said
dividing line South nineteen (19) degrees six (6) minutes no (00) seconds West two
hundred two and seventy-seven (202.77) feet to a point along the fight-of-way line of
White Oak Circle; thence along said fight-of-way line of White Oak Circle along a curve
to the left an arc radius of fifty and no hundredths (50.00) feet an arc distance of sixty-
three and sixty-five hundredths (63.65) feet to a point, the place of BEGINNING.
CONTAINING one and eight thousand six hundred thirteen ten-thousandths (1.8613)
acres, more or less: --.
SCHEDULE A
Page 1 of 2
Parcel #2 (;Lot 14):
BEGINNING at a point on White Oak Circle. said point being on the dividing line of Lot
No. 15 and Lot No. 14 on the hereinbefore mentioned Plan of Lots; thence along said
dividing line South sixty-eight (68) degrees twenty-seven (27) minutes thirty (30)
seconds West two hundred eighty-eight and eighty-three hundredths (288.83) feet to a
point on the right-of-way line of River View Road: thence along the eastern line of River
View Road North twenty (20) degrees forty-three (43) minutes five (5) seconds West one
hundred nineteen and fifty-seven_hundredths (119.57) feet to a point; thence continuing
along the said eastern right-of-way line of River View Road along a curve to the right
having a radius of two hundred eighty-five and no hundredths (285.00) feet an arc
distance of one hundred seventy-six and seventeen hundredths (176.17) feet.to a point;
thence continuing along said right-of-way line North fourteen (14) degrees forty-one (41)
minutes fifty-five (55) seconds East one hundred two and eighty-four hundredths
(102.84) feet to a point; thence continuing along said line along a curve to the right
having a radius of two hundred fifteen and no hundredths (215.00) feet an arc distance of
one hundred twenty-two and seventy-nine hundredths (122.79) feet to a point on the
dividing line of Lot No. 14 and Lot No. 13 on the hereinbefore mentioned Plan of Lots;
thence along said dividing line South twenty-three (23) degrees forty-three (43) minutes
nine (9) seconds East two hundred forty-one and three hundredths (241.03) feet to a
point; thence continuing along said dividing line South fifty-three (53) degrees fifty (50)
minutes no (00) seconds East one hundred twenty and no hundredths (120.00) feet to a
point on White Oak Circle; thence along the right-of-way line of White Oak Circle along
a curve to the left having a radius of fifty and no hundredths (50.00) feet an arc distance
of ninety-two and forty-one hundredths (92.41) feet to a point; thence along a curve to the
right having a radius of twenty-five and no hundredths (25.00) feet an arc distance of
twenty-one and three hundredths (21.03) feet to a point, the place of BEGINNING.
CONTAINING one and nine thousand one hundred three ten-thousandths (1.9103) acres,
more or less.
BEING the same premises which Timothy C. Barrett and Joann Barrett, husband and wife, by
their deed dated July 17, 2001 and recorded in Cumberland County Deed Book 247, Page 2951,
.granted and conveyed .u. nto Richard E. Abrams and Marilynn R. Abrams, husband and wife.
SCHEDULE A
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