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HomeMy WebLinkAbout97-03704 </). 3 ~""t")9' /17,! /) STIPULATION ~GAINST LIENS 'I'he undersigned contractor furnishing services, labor or materials, known as JAMES W. HUTCHISON, JR., d/b/a Hutoh Conltruotion (the "Contractor") intending to be legally bound, and in consideration of the SUm of ONE AND NO/l00 DOLLAR ($1,00) to it in hand paid by JAMES S. YAPLE, JR. AND KAREN A. YAPLE, husband and wife (collectively, "Owner") the receipt whereof is hereby acknowledged, for itselE 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 & 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~he principal contract between OWner and Contractor, dated July JL, 1997, 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 relinquiehes 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 ae 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, inetrument or amendment. or in any way concerning them, Owner shall have the absolute right in his name or in the name of the undersigned or any other entity or pereon who shall have filed a claim or lien, to cause any and all Buch claims or liens to be discharged by any other instrument, pleading or proceeding permitted at lRW or in equity. SCHEDULE A ALL THAT CERTAIN lot or tract of land having the buildings thereon erected, said tract being situated in Hampden Township, Cumberland County, Pennsylvania, said tract being more particularly shown as Lot No. 2 and Lot No. 3 on the Final Subdivjsion Plan of Jameo S. Yaple and June I. Yaple, prepared by Dale E. Stipe, Registered PA Land Surveyor, prepared April, 1991 and recorded in the Cumberland County Recorder of Deeds Office in Plan Book 63, page 25 and being more fully bounded and described as follows, to wit: BEGINNING at a property monument on the western line of Dawn Drive, said point being located and referenced South OB degrees 30 minutes East a distance of five hundred fifty (550) feet from the southeast corner of the intersection of Dawn Drive and Michaele Drive, thence along Lot No. 1 on the above described plan, North B1 degrees 30 minutes 00 seconds East, a distance of 343.97 feet to a point on line of lands now or formerly of Harry Stone Estate as shown on said plan; thence along said Stone lands South 00 degrees 24 minutes 00 seconds West, a distance of 496.44 feet to a point on line of lands now or formerly of R. H. Anthony as shown on said plan; thence along said Anthony land South BB degrees 4B minutes 30 seconds West, a distance of 342.56 feet to a point on line of other lands of Yaple as shown on said plan; thence along said other Yaple lands North 21 degrees 07 minutes 00 seconds West, a distance of 611.67 feet to a rebar; thence along same North 22 degrees 09 minutes 45 seconds West, a distance of 205.B2 feet to a pipe on line of lands now or formerly of Putt as shown on said plan; thence along said Putt land North B1 degrees 30 minutes 00 seconds East, a distance of 254.B feet to a monument on the western line of Dawn Drive; thence along said Dawn Drive South OB degrees, 30 minutes 00 seconds East, a distance of 350.00 feet to a point, ~he point and place of BEGINNING. IlEING THE SAME PREMISES WHICH JUNE I. YAPLE AND JAMES S. YAPLE, JR. IlY THEIR DEED DATED MARCH 22, 1994 AND RECORDED WITH TilE CUMBERLAND COUNTY RECORDER OF DEEDS OFFICE IN DEED 1l00K 102, PAGE 1177, GRANTED AND CONVEYED UNTO JAMES S. YAPLE, JR. AND KAREN A. YAPLE. '1 " ~ 'l\ ~ , ~ \;J \ ~ ~\ ~ ~ , \) ~ ~ '". r-' '\ '-- f\ ~ ; .. '" ~ I"~ -- \ I") \f) , ,. S) , , . . I .. ~ ~ /" (-, l " IV) {"j I .'\ L ~ ~ , 0 ~, " ,... " ,- " ".J