HomeMy WebLinkAbout03-2757~,tipulations Against Liens
PETER J. M~4SHINSKI and
KAREN L. M,4SHINSKI,
HUS~AND' AND WIFE
C&C Construction, Inc.
~n t~e ~ourt of ~ommoT[ ~le~ ~ountp o!
Cumberland
Docket Number
Page Number
2.
, Pennsylvania
Term 2003
~l~ereas, C&C Construction, Inc. ('Contractor") has entered into a contract with PETER J. MASHINSKI and KAREN L.
MASHINSKI, HUSBAND AND WIFE ("Owner") for the erection or construction of a SINGLE FAMILY DWELLING upon
the lot of ground known as LOT 10 -SEBASTIAN-MORRISON WAY,SOUTH MIDDLETON TOWNSHIP, CARLISLE, PA
17013, Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of which PETER J. MASHINSKI and KAREN L.
MASHINSKI, HUSBAND AND WIFE is the title holder of record; and
~er~a~;, 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, ~:~i~; ~[greement ~itne~;set]~: 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 appurtenant 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 ~.he 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:
STIPULATION AGAINST LIENS.DOC
.File No. 03-221
ALL T, HAT CERTAIN tract of land situate in South Middleton Township, Cumberland Cotmty, Pennsylvania, bounded and described
in accordance with a Plan prepared by Rodney Lee Decker, RPLS, dated February 23, 1993 and recorded in the Office of the
Recorder of Deeds for Cumberland County in Plan Book 68, Page 37.
BEGINNING at a point in eastern right of way line of Sebastian Way at Lot No. 11 on said plan; thence along Lot No. 11, North 79
degrees 16 minutes 20 seconds East 534.43 feet to a point; thence along lands now or formerly of Harold E. Otto South 17 degrees 18
minutes 40 seconds East 201.33 feet to a point; thence along northern right of way of Morrison Way South 79 degrees 16 minutes 20
seconds West 582.25 feet to a point; thence along intersection of Morrison Way and Sebastian Way by a curve to the right having a
radius of 30.00 feet an arc distance of 47.12 feet on a chord bearing of North 55 degrees 43 minutes 40 seconds East to a point; thence
continuing along Sebastian Way by a curve to the right having a radius of 200.00 feet an arc distance of 100.00 feet on a chord
bearing of North 03 degrees 35 minutes 45 seconds East to a point; thence by a curve to the left having a radius of 356.63 feet, an arc
distance of 80.05 feet on a chord bearing of North 11 degrees 28 minutes 35 seconds East to a point the Place of BEGINNING.
CONTAINING I 16,129 square feet and designated as Lot 10 on Plan of Sunnse Meadows.
ALSO see Action to Quiet Title docketed to Civil 98-2447 in the Court of Common Pleas of Cumberland County.
SUBJECT to 25 foot wide drainage easements along northern side of lot.
SUBJECT to building and use restrictions as set forth on plan of record.
STIPULATION AGAINST LIENS.DOC