HomeMy WebLinkAbout03-2067Sbpulations Against Liens
MARK K. STIN~E, SINGLE MAN
Owner
~n toe (~ourt of (~ommon ~leas Count~, of
Cumberland
· Pennsylvania
Docket Number ~ ~, - &EI~ '7 /03 t.,~) Term 2003
Michael Manning and
Associates, a Pa. General
Parnertship
Contractor
Page Number
~l)er~a~, Michael Manning and Associates, a Pa. General Parnertship ('Contractor") of 17,ge-Kall:~m-,,~et;-N~w
~, PA ~ has entered into a contract with MARK K. STINE, SINGLE MAN ("Owner") of for the erection or
construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 1112 KENT DRIVE, EAST PENNSBORO
TWP, MECHANICSBURG, PA 17050,,, Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of which MARK
K. STINE, SINGLE MAN is the title holder of record; and
~erea,, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be
erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any subcontractor for labor
or materials furnished in the said erection or construction, and that the right of anyone to claim any such lien be waived
hereby.
J:/.otu, ~l~i~ glltreement t~)itne~setl~: That Contractor, for and in consideration of the contract aforesaid and the
considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand paid by the
Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending
to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors,
materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or
claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground or any part
hereof, or the curtilage or curtilages appudenant thereto by anyone, and that all subcontractors, materialmen and laborers
shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done.
~nb this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be
effective with respect to work done and materials furnished under any supplemental contract for extra work in the erection,
construction and completion of the building as well as to any work and labor done and materials furnished under the
contract aforesaid.
~nb, in order to give the Owner full power and authority to protect Owner and the building, improvements and lot of
ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the
foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas
of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attorney for
Contractor and in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any
subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor
or materialman, or in the name of any one or more of them against the building, improvements, lot of ground or any part
thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference to the Court,
Term and Number in which this instrument shall have been filed shall be a sufficient exhibit of the authority herein
contained to warrant such action, and the Contractor does hereby remise, release, and quit claim all rights and all manner
of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the
same.
Witness our hand and seal the day and year aforesaid.
Signed and sealed in the presence of: ~/r. ~ ,~_ ~.~
MARK K. STINE
STIPULATION AGAINST LIENS.DOC
File No. 03-232
ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, being
more fully described as follows, to wit:
BEGINNING at a point on the legal right of way line of Kent Drive at the dividing line of Lot No. 45 and Lot No. 46, Hickory Ridge,
Phase I, recorded in Plan Book 77, Page 143; thence by said dividing line, north 60 degrees 40 minutes 29 seconds East a distance of
162.72 feet to a point at the dividing line of Lot No. 21 and lands herein described; thence by said dividing line and beyond by Lot
No. 20, South 01 degrees 26 minutes 54 seconds East a distance of 279.77 feet to a point at the dividing line of Hickory Ridge, Phase
II; thence by said dividing line the following three courses and distances:
1. North 86 degrees 06 minutes 59 seconds West a distance of 7.23 feet to a point.
2. North 87 degrees 07 minutes 10 seconds West a distance of 96.30 feet to a point.
3. North 82 degrees 15 minutes 15 seconds West a distance of 32.68 feet to a point on the legal right of way line of Kent Drive.
Thence by said right of way line by a curve to the right having a radius of 500.00 feet and an arc distance of 192.23 feet to a point, the
place of BEGINNING.
BEING Lot No. 46, containing 34,020.49 square feet, as shown on Final Subdivision Plan of Hickory Ridge, Phase I, recorded in Plan
Book 77, Page 143, and being subject to all easements of record.
STIPULATION AGAINST LIENS.DOC