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Home My WebLink About03-5528JEFFREY D. HORGAN and TRACY A. HORGAN, Owners C&C CONSTRUCTION, Contractors IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MECHANIC'S LIEN NO. ~'3- 5'5',~ /rt STIPULATION AGAINST LIENS The undersigned contractor, materialman or other entity or person furnishing services, labor or materials, kuown as C&C CONSTRUCTION (the "Contractor") iutending to be legally bound, and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00) to it in hand paid by JEFFREY D. HORGAN and TRACY A. HORGAN ("Owners") the receipt whereof is hereby acknowledged, for itself and any subcontractors, materialmen, laborers or anyone else acting through or under it, covenants and agrees that no mechanics or materialmen'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 fumished under the principal contract between Owner and Contractor, or under any supplemental contract, verbal or written, or contract for extra work or materials relating to anti work to be done or material furnished under said principal contract. The 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. The undersigned, for itself, its subcontractors, materialmen, laborers and anyone else acting under or through it, hereby irrevocably authorizes and empowers an attorney or any court of competent jurisdiction of the Commonwealth of Pennsylvania, or elsewhere, to appear as attorney for it, them or any o£them, in any such court and, in its or their name or names, mark satisfied of record at the cost and expense of the undersigned, any and all claims, liens, any pleading 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 the 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 the Real Estate and no labor or materials have been delivered to the Real Estate or furnished for the improvement of the Real Estate by the undersigned or by any subcontractor, materialmen, 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 WITNESS .WHEREOF, the undersigned has caused this instrument to be duly executed as of the ~0m day of ~e.~al~cf~ , 2003. ATTEST: CONTRACTOR: By ,..~:::~ ~ Title: 440221 ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, designated as Lot No. 1 on the Preliminary/Subdivision Plan for Penta Star investment, Inc., dated August 24, 1999 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennyslvania, in Plan Book 80, Page 125, more particularly bounded and described, as follows: BEGINNING at a point on the southern right-of-way of Creek Road (T-497), said point being the northwestern corner of lands now or formerly of James Alspaugh and Philip J. Ruegg; thence, alongs lands od AJspaugh and Ruegg South five (5) degrees thirty-nine (39) minutes thirty-two (32) seconds East a distance of 216.10 feet to a point marked by an existing fence post; thence South thirty-nine (39) forty-five (45) minutes fifty-three (53) seconds West a distance of 137.22 feet to a point; thence,South thirty-four (34) degrees two (02) minutes forty-nine (49) seconds West a distance of 43.62 to a point; thence, along Lot #2 North twenty-three (23) degrees twenty-three (23) minutes sixteen (16) seconds West a distance of 291.29 to a point on the southern right-of-way of Creek Road; thence, along the right-of-way North sixty-six (66) degrees thirty-six (36) minutes forty-four (44) seconds East a distance of 225.00 to a point, the Place of BEGINNING, CONTAINING 46.044 square feet (1.06 acres) UNDER AND SUBJECT to Building and Use Restrictions dated April 25, 2001 and recorded April 26, 2001 in Miscellaneous Book 673, Page 78. Storm water drainage facilities shown hereon and Ioacted outside the public street rights-of-way shall be owned and maintained by the owner of the lots on which they are located, and such facilities shall be permanent unless a revised Storm Water Management Plan is approved by Northern Middleton Township. Maintenance shall include periodic mowing of vegetation and removal of debds which restricts water flow. Should drainage facilities be altered as provided for above, the change shall not require the consent of other lot owners in the subdivision. Parcel No. 29-06-0021-069 (2003090033MSS.PFD/2003090033MSS/15)