HomeMy WebLinkAbout03-4289JOHN F. MALADY AND KRISTIN :
H. MALADY, husband and wife :
:
Owners :
:
:
Contractor :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.o~-. q,,?-'E~ M.L.D. 2003
STIPUI ATION AGAINST I lENS
WHEREAS, John F. Malady and Kristin H. Malady, husband and wife, of
109 Drexel Hill Park Road, New Cumberland, Pennsylvania (collectively the
"Owners"), purchasers of the herein after described tract of land, have executed or are
a.~ut to execute contemporaneously herewith a contract with
t ~ , (the "Contractor"), for construction of a residential
home on, and other improvements to, a tract of land known as 521 Hertzler Road,
Mechanicsburg, Pennsylvania 17055, upon property more particularly described on
Exhibit A attached hereto, incorporated herein by reference and made a part hereof
(the"Premises"). j~
NOW,-~'J~%P ~2- ~' '~2003, before any authority has been given by
the said Owners to the said Contractor to commence work on said building and
improvements, or to otherwise construct any improvements thereto, or to purchase
materials for the same, or to enter into any contracts with any subcontractors or
materialmen, or to authorize any purchases by or through any subcontractors or
materialmen, in consideration of the making of said contract with the Owners and the
further consideration of One ($1.00) Dollar, to Contractor paid by Owners, and with the
intent of all parties to be legally bound hereby, it is agreed that no lien shall be filed
against the building or Premises or any part thereof, by the Contractor or any
subcontractor, or by any of the materialmen or workmen or any other person for any
labor, or materials pumhased, or extra labor or materials purchased, for the building
and improvements to the Premises (including hereafter changes made thereto), the
right to file liens being expressly waived.
It is the full intent of the Contractor, for itself and for any subcontractors or
materialmen claiming for themselves, or by, through or under the contract or the
Contractor, that the right to file a mechanic's lien, under the provisions of law and/or of
Acts of Assembly in such cases made and provided, for work done or materials
furnished in and about the construction of the building and improvements to the
Premises above described is hereby waived.
WITNESS our hands and seals the day and year first above written.
WITNESS:
WITN ESS/(~-7"r~ ~7'
~,~As'st.) (~retary~/
CONTRACTOR:
(Vice)~artner
F:~atw\DOCUMENTS\Malady Stipulation Against Liens,doc
EXHIBIT "A"
ALL THAT CERTAIN tract of land situate in the Township of Upper Allen, County of
Cumberland and State of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a stone in the side of a public road; thence by lands now or formerly of
John Zacharias North one and one-fourth (I~A) degrees West, thirteen and one-tenth
(13.1) perches to a cedar; thence by same North forty-six (46) degrees East, twenty-one
and three tenths (21.3) perches to a peach tree; thence by same South seventy-eight
(78) degrees East, twenty-nine and five tenths (29.5) perches to a stone; thence by
lands now or formerly of J. J. Dull South fifteen (15) degrees West, twenty-two and three
tenths (22.3) pemhes to a stone; thence by a public road North eighty-nine (89) degrees
West, twenty-nine and two tenths (29.2) perches to a stone in the side of said road;
thence by said public road South eight-four and one-half (841/2) degrees East, nine and
eight tenths (9.8) perches to the place of BEGINNING.
For information only:
CONTAINING five (5) acres and one hundred and twenty-seven (127) perches of land,
neat measure.
Being Tax Parcel 42-11-0274-002
Assessment: Land $56,670, Building $8,010 for total assessment $64,680
Known and numbered as 521 Hertzler Road, Mechanicsburg, PA