HomeMy WebLinkAbout03-1499KERRY ROBBINS,
Owner
Vm
BRIM BUILDERS, INC.,
Contractors
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
MECHANIC'S LIEN
NO. 0_~.
STIPULATION AGAINST LIENS
The undersigned contractor, materialman or other entity or person furnishing services,
labor or materials, known as BRIM BUILDERS, INC. (the "Contractor") intending to be
legally bound, and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00) to it in
hand paid by KERRY ROBBINS ("Owner") the receipt whereof is hereby acknowlegged, for
itself and any subcontractors, materialmen, laborers or anyone else acting through or under it,
covenants and agrees that no rncvhanics or matcrialmcn'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 supplcmcntai contract,
verbal or written, or contract for extra work or materials relating to and work to be done or
material f'umished under said principal contract. Thc 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.
Thc undersigned, for itself, its subcontractors, materialmcn, laborers and anyone else
acting under or through it, hereby irrevocably authorizes and empowers an attorney or any court
of competent jur/sdiction o£ the Commonwealth of Pcnnsylvania' or elsewhere, to apl)car as
attorney for it, them or any of them. in any such court and,/n its or their name or names, mark
satisfied of record at the cost and expense of thc undersigned, any and all claims, liens, any
piead/ng 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 thc absolute right in its name or in thc 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.
440221
The undersigned hereby avers, represents and warrants that no work has commenced on
thc Real Estate and no labor or materials have been delivered to the Real Estate or furnished for
thc improvement of thc Real E~tatc 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.
IN WlTNESS.~HEREO~' the undersigned has caused this instrument to be duly
executed as of the, //f'~ day of ~ 2003.
ATTEST:
CONTRACTOR:
BRIM BUILDERS, INC.
: Bri/~ McNew
Title:
440221
2
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SCHEDULE "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN la'act of land situate in the Township of West Pennsboro, County of
Cumberland, and Commonwealth of Permsylvania, being more particularly bounded and
described as follows, to wit:
BEGINNING at a steel pin set on the southeastemmost dedicated fight-of-way line of
Watson Drive, at the oommon point of adjoincr of Lots #16 and #17 on the hereinafter
mentioned plan, thence extending along the southeasternmost dedicated right-of-way line of
Watson Drive, North forty-seven (47) degrees thirteen (13) minutes thirty (30) seconds East, for
a distance of one hundred fifty and z~'o hundredths (150.00) feet to Bteel pin at Lot #18; thence
extending along Lot #1 $, South forty-two (42) degrees (46) minutes thirty (30) seconds West, for
a distance of four hundred two and sixty-five hundredths (402.65) feet to a steel pin at lands now
or formerly of Robert W. Failor; thence extending along lands now or formerly of Failor, South
fifty-six (56) minutes zero (00) minutes fifty (~0) seconds West for a distance of one hundred
fifty-one and seventy-eight hundredths (1 $1.78) feet to a steel pin at Lot # 16; thence extending
along Lot #16 North forty-two (42) degrees forty-six (46) minutes thirty (30) seconds West, for a
distance of three hundred seventy-nine and forty-slx hundredths (379.46) feet to a steel pin set on
the southcastemmost dedicated right-of-way line of Watson DHve, said pin marking the place of'
BEGINN~G.
CONTAINING 1.347 acres, and being designated as Lot #I 7 on a final plan of subdivision of
Cross Road School Estates, Phase III, prepared for Liberty Associates by Rodney Lee Decker &
Assocs., dated June 3, 1997, and recorded in the Office oft.he Recorder of Deeds in and for
Cumberland County, Pennsylvania in Plan Book 82, at page 77.
UNDER AND SUBJECT, NEVERTHELESS, to all easements, notes, and rights found on
plan of'record, and to the Protective Covenants, Restrictions and Reservations which pertain to
Cross Road School Estates, Phase 11I, as found of record in the Office of the Reoorder of Deeds
in and for Cumberland County, Pennsylvania in Miscellaneous Book (572, at page 1003.
BEING THE SAME PREMISES which Harmon-Graves Company, a PennsylVania
Corporation and Joseph K. Warner, individually, granted and conveyed unto Kerry R. Robbins,
single man, by deed dated May 22, 2002, and recorded in the Office in and for Cumberland
County, Pennsylvania, in deed book 251, page 4363 and recorded on May 29, 2002.
Parcel #46-08-0587-128
440221
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