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HomeMy WebLinkAbout01-2083THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARL A. MINEK SUZANNE M. MINER. Owner/s IMI~RIT CONTRACTOP. S, INC. t/a Merit Hom~s Contractor Mechanics' Lien Docket No. Pase dP/ STIPULATION AGAINST MECHANICS' LIENS ~, CARL A. MINER and SUZANNE M. MINER , (herelnat%r referred to as the "Owner" or "Owner/s"), presently own, in fee simple, a tract of improved land Irnown as 717 Pear A1 ] e~Lemovne Bornuoh. Cumberland County, Pennsylvania, containing 14~400 square, feet more or less: more fully described in Exhi'oit "A", AND WHEREAS, the Owners have, on A4 ~c/-/ ~ .2001 entered into an agreement with IvlliRIT CONTRACTOKS. INC. t/a Merit Homes of P.O Box .489, Etters. PA 17319 (herelna~Rer, whether one or more, designated as the "Contractor", and referred to in the singular, and maso~line gender), whereby the Contractor is to fimaish ail labor, materials, scaffolding, machinery, equipment, u 'tdity services, power, trsnsportation and other things necessary for the complete construction of a bi-level modular dwellln.o, on the above described real estate in accordance urith plans and specifications agreed upon b~reen the parties, AND, WHEI~A8, as part of the consideration for said agreement the Contractor has agreed with the Owner/s that neither the Contractor nor any sub-contractors or materialmen may or shall file any mechanic~' liens again~ said real estate in connection with the above described construction or improvement. NOW THIS AGREE~ WITN~S SETH, that in consideration of said building contract, and in further consideration of ONE DOLLAR paid by the Owner/s to the Contractor before the execution hereof; receipt of which is hereby acknowledged, the Contractor hereby agrees that he will not file, and that no sub-contractor, laborer, materialman or other person or party shall bc permitted to file, any meChanic's lien against thc aforesaid building or improvement, or against the above described land, for any labor, materials or services fixrnished to or for, or performed upon, said premises, buildin~ or improvements: said fight o£1ien being hereby expressly waived. AND FURTI-W. RMORE, the Conhactor hereby acknowledges that no authority has been given him by the Owner/s to commene, e work on said construction improvement prior to the date of this stipulation, and that neither he nor any sub-0oa~rac~or, laborer or m~terialmnn working ~_mder or for him or with his Imowledge or consent, has heretofore performed any work of any nature whatsoever in connection with said construction or improvement, or ordered or purchased materials therefor. IN W1TNESS WI-~REOF th¢ Contracto. r, intending ~o be legally bqund, has executed this Stipulation and Waive-,/n duplicate original cop~es, this o~' day of '~ , 2001. WITNESS: MERIT CONTRACTORS, l]qC. ~/a Merit Homes Earl L. Kurtz ~resident Contractor AT.I. that parcel of land situate in the Borough of Lemoyne, County of Cumberland, Commonwealth of Pannsylval~ bounded and described as follows: BEGINNING at a point in the northwesterly line of Pear Alley, said point being North fiity ($0) degrees thirty-one (31) minutes East four hundred tan (410) feet from the intersection of the northwesterly line of Pear Alley and the prolongation of the canterline of 9~' Street, at the division line between Lots 2 and 3 on Plan by W'dliam B, Whittock, dated July 9, 1975; thence along said line of Panr Alley North fifty (50) degrees thirty-one (31) minutes East one hundred twanty (120) feet to thc division line between Lots 3 and 4 of said Plan; thence ~long the last mentioned division line North thirty-nine (39) desreas twenty-nine (29) minutes West one hundred thirty-five and fifty-four hundredths (135.$4) feet to l~nd now or late of Penn Can~ral Tran%oortation Company, thence along said land South f~-eight (58) degrees ten (10) minutes eighteen (18) seconds West one hundred twanty-one and eight hundredths (121.08) feet to the divisiou line between Lots 2 and 3 on said plan; thence along the last memioncd division line South thirty-nine (39) degrees twanty-nine (:29) minutes East one hundred fitty-one and sixty-seven hundredths (151.67) feet to the place of BEGINNING. BEING Lot No. 3 on said Plan. BEING THE SAME PRPAVlISES which Phyllis J. Miner, widow and Christopher N. Ivliner and Cheryl A. lvrmer, his wife, conveyed unto Carl A. 1V'liner and Susanne IV[. Miner, his Wife, by deed dated July 6, 2000 and recorded July 18, 2000, in the Recorder's Office in and for Cumberland Counly, Pem~zylvania in Record Book 225, Page 451.