HomeMy WebLinkAbout05-4519
JOHN R. STUDER,
Owner-Plaintiff
IN TIffi COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
MECHANICS' LIEN
NO. O!; - "'-IS' 19 /l1t..JJ 7 fA....hJ
F ARlNELLI CONSTRUCTION, INC.,
Contractor-Defendant
STIPULA nON AGAINST LIENS
The undersigned contractor, materialman or other entity or person furnishing services, labor or
materials, known as FarinelU Construction, Inc., a Pennsylvania corporation (the "Contractor")
intending to be legally bound, and in consideration of the sum of ONE AND NO/lOO DOLLARS ($1.00)
to it in hand paid by John R. Studer ("Owner") the receipt whereof is hereby acknowledged, for itself
and any subconlraclors, 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 AU<.llh ~ "!, \ . 2005, 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 connnenced 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
entity, and that no authorization has yet been given by the Owner to the undersigned to connnence work
or purchase materials in connection with the Real Estate.
This Stipulation is made and intended to be filed with the Cumberland County Prothonolaty 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 sl day of Al>~u",~ ,2005.
WITNESS:
CONTRACTOR:
FARlNELLI CONSTRUcnON, INC.
~JJ!i
Name: 0 ~vll J pjlYl4lJ&W)
Title: r ~ oS I f}61<1-r
C~".
2
ALL THAT CBaTAIN piece or parcel of land situate in OPPer Allen
'I'ownShip, Cumberland County, Pennllylvania, bounded and described
as tollowll, to Wit,
BEGINNING at a point on the western dedicated right-of_way line
of South View Drive, said POint being on !:he dividing line .
between Lot Nos. 62 and 63 on !:he hereinafter mentioned Plan of
Lot.; thence along !:he western dedicated right-ot_way line of
South View Drive Sou!:h 42 degrees 32 llLI.nutes 39 seconds West, one
hundred thirty feet end zero one hundredths (130.00) f.et to a
POint on the c!ividing line between Lot Nos. 63 and 64 on the
hereinafter mentioned Plan of Lots I thence along said diViding
line North 47 degree. 27 minutes 21 second. West, one hUndred
sixty and zero one hundredths 1160.00) feet to a point; thence
North 42 degree. 32 1lIinutes 39 second. .East. one hundred thirty
and zero one hundred!:hs 1130.00) feet to a point on the diViding
line between LOt Nos. 62 and 63 on the hereinafter mentioned Plan
of Lots; thence along hid diViding line South 47 degrees 27
minute. 21 s.conds Bast one hundred sixty and zero one hundredths
1160.00) feet to a point On the western dedicated right-of_way
lina ot South View Drive. the place of BBCINNrNG.
BaING Lot No. 63, in Section II-Phase V, Final Subdivision Plan
of Headowview Estates, said Plan being recorded in the .Cumberland
County Recorder of Deeds Offioe in Plan Book 87, Page 52.
BS:DlG part of the saine prlllllises Which John H. Knaub by deed dated
June 24, 1996 and recorded June 26. 1996 in the Cumberland County
Recor~r ot Deeds Office in Deed Book 141, Page 644, granted and
conveyed unto Cindy L. Arnold and Hark A. XnaUb, a general
partnership, the Grantor. herein. The said Cind,y L. Arnold is
now known as Cindy L. Arnold-Steele.
tlmlBR AND 8OBJEcT, NBVBR'l.'HELSSS. to the Declaration of
aestrictive COVenants dated June ~S, 2003 and recorded on July 3,
2003 in the Cumberland County aecorder of Deeds oftice in
MIscellaneous Book 698, Page 4918.
SCHEDULE A
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