HomeMy WebLinkAbout09-2670Charles M. Courtney and Christine L.
Courtney
Owner-Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MECHANICS' LIEN
NO.
Farinelli Construction, Inc.
Contractor-Defendant
STIPULATION AGAINST LIENS
The undersigned contractor, materialman or other entity or person furnishing services, labor or
materials, known as Farinelli Construction, Inc., a Pennsylvania corporation (the "Contractor") intending
to be legally bound, and in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00) to it in
hand paid by Charles M. Courtney and Christine L. Courtney (collectively "Owner") 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 furnished under the
principal contract between Owner and Contractor, dated April 24, 2009, or under any supplemental
contract, verbal or written, or contract for extra work or materials relating to and 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 or 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 any attorney of any court of competent
jurisdiction of the Commonwealth of Pennsylvania, or elsewhere, to appear as attorney for it, them or any
of 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 the absolute right in their name(s) 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.
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, materialman, laborer, or other person or
{A829893:}
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 VYHEREOF, the undersigned have caused this instrument to be duly executed as of
the 1,8*` day of 14 f , 2009.
ATTEST/W S: OWNER:
Charles M. Courtney and Christine L. Courtney By-
Name: Charles M. Courtney
By
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Name: Christine L. Courtney
ATTEST/WITNESS: CONTRACTOR:
Farinelli Co ruction, Inc.
By 1
Name: ?611kL4 Jnu,t
Title: pies z Vo-rr
{A829893:)
Schedule A
ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the western dedicated right-of-way line of South
View Drive, said point being on the dividing line between Lot No. 66, in
Section II, Phase IV, Final Subdivision Plan of Meadowview Estates, said
Plan being recorded in the Cumberland County Recorder of Deeds Office in
Plan Book 78, Page 147 and Lot No. 65 on the hereinafter mentioned Plan of
Lots; thence continuing along said boundary line North 47 degrees 27
minutes 21 seconds West, 180.00 feet to a point; thence North 42 degrees 32
minutes 39 seconds East, 125.00 feet to a point on the southern dedicated
right-of-way line of Morning Star Drive; thence along the southern dedicated
right-of-way line of Morning Star Drive South 47 degrees 27 minutes 21
seconds East, 168.00 feet to a point; thence continuing along same on a
curve to the right, having a radius of 12.00 feet, an arc length of 18.85 feet to
a point on the western dedicated right-of-way line of South View Drive; thence
continuing along same South 42 degrees 32 minutes 39 seconds West,
113.00 feet to a point on the dividing line between Lot No. 66, in Section II,
Phase IV, Final Subdivision Plan of Meadowview Estates, said Plan being
recorded in the Cumberland County Recorder of Deeds Office in Plan Book
78, Page 147 and Lot No. 65 on the hereinafter mentioned Plan of Lots, the
place of BEGINNING.
BEING Lot No. 65 in Section II-Phase V, Final Subdivision Plan of
Meadowview Estates, said Plan being recorded in the Cumberland County
Recorder of Deeds Office in Plan Book 87, Page 52.
BEING the same premises which Paul H. Williams and Gina M. Williams, by
their deed dated December 28, 2007, and recorded with the Cumberland
County Recorder of Deeds Office as Instrument No. 200800206, granted and
conveyed unto Charles M. Courtney and Christine L. Courtney.
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