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HomeMy WebLinkAbout03-0495STIPULATION AGAINST MECHANICS' LIENS THIS AGREEMENT made and concluded this .j-~/~ay of January, 2003, BETWEEN BRYAN S. WlRL and CHARITY C. WlRL, husband and wife, of South Middleton Township (855 York Road, Carlisle, PA 17013), Cumberland County, Pennsylvania, parties of the first part (hereinafter called Owner), AND WlRL BUILDERS, a Partnership of South Middleton Township (855 York Road, Carlisle PA 17013), Cumberland County, Pennsylvania, party of the second part, (hereinafter called Contractor). WHEREAS the said parties have an Agreement for the erection, construction, and completion of a dwelling house on: ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the village of Boiling Springs, South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a post on Walnut Street; thence North 72 degrees East 140 feet to an alley; thence along said alley, South 18 degrees East 35 feet to a post, said post being at the northeastern corner ( incorrectly state as northwestern corner in prior deeds) of other land of the Grantors herein; thence along the southern (incorrectly stated as western in prior deeds) line of said other land of the Grantors herein, South 72 degrees West 140 feet to a post on said Walnut Street; thence by said Street, North 18 degrees West 35 feet to the post or Place of BEGINNING. BEING a vacant tract of land now known as and numbered 310 Walnut Street, Boiling Springs, Pennsylvania 17007. This vacant lot of land had not previously been allocated an address. Previously, the address of 310 Walnut Street, Boiling Springs, Pennsylvania 17007, had been allocated to the improved lot to the South, which is also owned by the Grantors herein. That lot abutting this property to the South is now known as 312 Walnut Street. BEING the same premises which Bryan S. Wirl and Charity C. Wirl, husband and wife, by deed dated November 12, 2001 and recorded November 13, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book 249, Page 906, granted and conveyed to Bryan S. Wirl and Charity C. Wirl, husband and wife, the Grantors herein. THE tax parcel number shown in the prior deed for this premises was incorrect. The correct tax parcel number for the above described premises is: 40-29-2482-261. NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract aforesaid and the consideration mentioned thereunder, as well as the further consideration of One ($1.00) Dollar to him in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise, and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-contractor, materialmen, or laborers for work done, or materials furnished under said contract or by any other party acting through or under them or any of them for and about said building or buildings or any part thereof, or on AND, in order to give the Owner full power and authority to protect himself and the lot or lots of ground against any and all claims filed by the Contractor or anyone acting under or through him or it in viol.~tion of the foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it or any of them, in any of the said COurts of Common Pleas as Attorney for him, them, or it and in him, their, its, name, mark satisfied of record at the cost and expense of the Contractor or of any Sub- Contractor or Materialman, or Materialmen, any and all claims or claim, lien or lien, filed by or for the Contractor, or any Sub-Contractor or Materialman, or in his or their name against said building or buildings, lot or lots of ground or any part thereof and for such act, or acts this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of the Authority herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit-claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF, the said parties have hereunto set their hands the day and year first above written. Bryar¢~. W~rl Charity C.2~Virl and seals dated (SEAL) (SEAL) WIRL BUILDERS By:. (SEAL)