HomeMy WebLinkAbout01-2083 FX
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA
CARL A MINER
SUZANNE M. MINER
Owner!s
v.
; Mechanics' Lien Docket No.
MERIT CONTRACTORS, INC.
tJa Merit Homes
: Page
01 - dOq3 fVl L-b
Contractor
STIPULATION AGAINST MECHANICS' LIENS
WHEREAS, CARL A MINER and SUZANNE M. MINER . (hereinafter referred to as
the "Owner" or "Owner!s"), presently own, in fee simple, a tract of imp roved land known as
717 PearA1JeyLemnvne Boroul!h. Cumberland County, Pennsylvania, containing 14400
sauare feet mOTe or less; more fully described in Exhibit "N'.
AND WHEREAS,the Owners have, on M ,,~cl-l f' .1QQl entered into
an agreement with MERIT CONTRACTORS. INC. tla Merit Homes otp.O Box 489. Etters PA
17319 (hereinafter, whether one or more, designated as the "Contractor", and referred to in the
singular, and masculine gender), whereby the Contractor is to furnish all labor, materials,
scaffolding, machinery, equipment, utility services, power, transportation and other things
necessary for the complete constrUction of a bi.1evel modular dwelling on the above described real
estate in accordance with plans and specifications agreed upon between the parties,
AND, WHEREAS, as part of the consideration for said agreement the Contractor has
agreed with the Owner!s that neither the Contractor nor any sub-contractors 01 materialmen may
or sball file any mechanics' liens against said real estate in connection with the above described
construction or improvement.
NOW TInS AGREEMENT WITNESSETH, that in consideration of said building
contract, and in further consideration of ONE DOLLAR paid by the Owner!s to the Contractor
before the execution hereof; receipt of which is hereby acknowledged, the Contractor hereby
agrees that he will not file, and that no sub-contractor, laborer, materialman or other person 01
party shaI1 be permitted to file, any mechanic's lien against the aforesaid building or improvement,
or against the above described land, for any labor, materials or services furnished to or for, or
performed upon, said premises, building or improvements: said right of lien being hereby
expressly waived,
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AND FURTHERMORE, the Contractor hereby acknowledges that DO authority has been
given him by the Owner!s to commence work on said construction improvement prior to the date
of this stipulation, and that neither he Dor any sub-contractor, laborer or materialman working
under or for him or with his knowledge or consent, has heretofore perfunned any work of any
name whatsoever in connection with said construction or improvement, or ordered or purchased
materials therefor.
IN WITNESS WHEREOF the Contractor, intending to be legally b~ecuted this
Stipulation and Waiver, in duplicate original copies, this c1.f day of .
2001.
WITNESS:
MERIT CONTRACTORS, INC.
tla Merit Homes
-~J &=g
By:
resident
Contractor
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EXBIBIT "A"
ALL that parcel ofland situate in the Borough ofLemoyne, County of Cumberland,
Commonwealth of Pennsylvania, bounded and described as follows:
BEGINNING at a point in the northwesterly line of Pear Alley, said point being North fifty
(50) degrees thirty-one (31) minutes East four hundred ten (410) feet from the intersection of the
northwesterly line of Pear Alley and the prolongation of the centerline of 911t Street, at the division
line between Lots 2 and 3 on Plan by William B. Whittock, dated July 9, 1975; thence along said
line ofPellT Alley North fifty (50) degrees thirty-one (31) minutes East one hundred twenty (120)
feet to the division line between Lots 3 and 4 of said Plan; thence along the last mentioned division
line North thirty-nine (39) degrees twenty-nine (29) minutes. West one hundred thirty-five and
fifty-four hundredths (135,54) feet to land now or late of Penn Central Transportation Company;
thence along said land South fifty-eight (58) degrees ten (10) minutes eighteen (18) seconds West
one hundred twenty-one and eight hundredths (121.08) feet to the division line between Lots 2
and 3 on said plan; thence along the last mentioned division line South thirty-nine (39) degrees
twenty-nine (29) minutes East one hundred fifty-one and sixty-seven hundredths (151.67) feet to
the place of BEGINNING.
BEING Lot No.3 on said Plan.
BEING 'THE SAME PREMISES which Phyllis J. Miner, widow and Christopher N. Miner
and Cheryl A. Miner, his wife, conveyed unto Carl A. Miner and Suzanne M Miner, his wife, by
deed dated July 6, 2000 and recorded July 18, 2000, i.n the Recorder's Office in and for
Cumberland County, Pennsylvania in RecOTd Book 225, Page 481,
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