HomeMy WebLinkAbout06-6099
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STIPULATION AGAINST LIENS
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KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, BRETSTIN BUILDERS INCORPERATED, of 804 Soonvbrook Ln.. Lewisberrv.
Pennsvlvania 17339, (hereInafter called "Contractor"), has executed an agreement ("Contract") to erect,
construct, alter or repair improvements (the "Work") upon the property ("Property") of Michael and Patricia
McCauley, of Camp Hill PA, (hereinafter called ("Owner") located in Allen Estates, Lower Allen Township,
(the Property being more particularly described in Exhibit "A" annexed hereto).
WHEREAS, as part of the Contract, Contractor agreed that no lien shall be filed against the
Property or any building or improvements thereon by itself or by any subcontractor or material man or any
other person furnishing labor or materials under the Contract, and agreed to execute and deliver a
Waiver of Liens for filing.
NOW, THEREFORE, in consideration of the execution of the Contract, Contractor, intending to be
legally bound hereby, for Contractor, for all subcontractors of Contractor, and for all parties acting for,
through or under contractor or any subcontractor, covenants and agrees that no mechanics' lien or claim
shall be filed or maintained by Contractor or any such subcontractor or party, against any part of the
Property or any building or improvements thereon, for or on account of any labor or materials furnished or
any work done under the contract, or in or about the erection, construction, installation or completion of
the work; and Contractor, for Contractor, for any and all subcontractors and for any and all parties acting
for, through or under Contractor or any subcontractor, hereby waives and relinquishes the right to have,
file or maintain any mechanics' lien or claim against any part of the Property or any building or
improvements thereon.
Contractor hereby warrants and represents that at the time of the execution hereof, no work of
any kind has been done and no labor or materials have been furnished by Contractor, or by any
subcontractor of Contractor, or by any person acting for, through or under Contractor or any
subcontractor in the performance of the Contract, in or about the completion of the construction of the
work.
This Waiver is made by Contractor and intended to be filed in accordance with the requirements
of the (Pennsylvania) Mechanics' Lien Law of 1963, as amended and supplemented, with the
Prothonotary of the Court of Common Pleas of the County in which the Property is located.
Each of the terms, provision, covenants and conditions in this Waiver shall, as the case may be,
be binding upon and inure to the benefit of Owner, Contractor, each subcontractor of Contractor, and
each party acting for, through or under contractor or such subcontractor, and the respective heirs,
executors, administrators, successors and assigns of each and any of them.
IN WITNESS WHEREOF, Contractor and Owner have duly executed this instrument as of the
20th day of September,2005.
Bretstin Builders Incorperated
By:
rett e
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( ) M8: P. McCAULEY
("Owner")
-P~mcr(4{~
PATRICIA J. Me ULEY
("Owner")
.
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Re: Michael P. McCauley and Patricia J. McCauley
Tax Parcel No.: 13-11-0270-053
ALL THAT CERTAIN tract or parcel of land situate in the Township of Lower Allen, County of
Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows
to wit:
BEGINNING at a point on the southeastern right-of-way line of Wellgate Lane (50' wide) at the
dividing line between Lots Nos. 6 and 7 as shown on the hereinafter-mentioned plan; thence along
the dividing line between Lots Nos. 6 and 7 South 56 degrees 17 minutes 28 seconds East a distance
of 278.60 feet to a point on the western line of lands now or late of Donald L. and Rena C. Steele;
thence along the western line of lands now or late of Donald L. and Rena C. Steele South 04 degrees
45 minutes 00 seconds West a distance of 204.15 feet to a point at the dividing line between Lot No.
6, lands now or late of Donald L. and Rena C. Steele and lands now or late of Glenn Walker, thence
along the northern line of lands now or late of Glenn Walker and lands now or late of Ronald B.
Brubaker, North 72 degrees 30 minutes 00 seconds West a distance of 142.72 feet to a point at the
dividing line between Lots Nos. 5, 6 and lands now or late of Ronald B. Brubaker; thence along the
dividing line between Lots Nos. 5 and 6 North 31 degrees 22 minutes 46 seconds West a distance
of 288.65 feet to a point on the southern right-of-way line of Wellgate Lane; thence along the right-
of-way line of Wellgate Lane by a curve, curving to the left in a northeasterly direction having a
radius of 230.00 feet and an arc length of 100.00 feet to a point, said point being the place of
BEGINNING.
CONTAINING 58,264.33 square feet.
BEING Lot No.6 as shown on the Final Subdivision Plan of Allen Estates. Said plan being recorded
in Plan Book 72, Page 125.
UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other
matters of record or that which a physical inspection or survey of the premises would reveal.
IT BEING the same premises which Matthew L. Vogel and Christy A. Vogel, husband and wife, by
their Deed dated June 2, 2004, and recorded in the Recorder of Deeds Office of Cumberland County
in Deed Book 263, Page 2852, granted and conveyed unto Michael P. McCauley and Patricia J.
McCauley, husband and wife, the MORTGAGORS herein.
EXHIB IT "A"
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