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HomeMy WebLinkAbout03-0664STIPULATION AGAINST LIENS THIS AGREEMENT made the~day of~A~, 2003, by and between SEWALT, INC., 454 Old York Road, Dillsburg, Pennsylvania, 17050, hereinafter referred to as "Contractor", and RUSSELkT. WERNER, JR. and CONSTANCE J. WERNER, husband and wife, of 9 Wineberry Drive, Upper Allen Township, Mechancisburg,Cumberland County, Pennsylvania, hereinafter referred to as "Owner", whereby Contractor undertook and agreed to erect and construct a new resi- dential dwelling on that certain lot of ground situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows, to wit: BEGINNING at a point on the eastern dedicated right-of-way line of Springwillow Drive, said point being on the dividing line between Lots Nos. 42 and 43 on the hereinafter mentioned Plan of Lots; thence along said dividing line North 41 degrees 56 minutes 01 seconds East, one hundred twenty-five and zero one hundredths (125.00) feet to a point; thence South 48 degrees 03 minutes 59 seconds East, one hundred ten and zero one hundredths (110.00) feet to a point on the dividing line between Lot Nos. 43 and 44 on the hereinafter mentioned Plan of Lots; thence along said dividing line South 41 degrees 56 minutes 01 seconds West, one hundred twenty- five and zero hundredths (125.00) feet to a point on the eastern dedicated right-of-way line of Springwi!]ow Drive; thence along same North 48 degrees 03 minutes 59 seconds West, one hundred ten and zero hundredths (110.00) feet to a point on a dividing line between Lot Nos. 42 and 43 on the hereinafter mentioned Plan of Lots, the place of BEGINNING. BEING lot No. 42 on Phase VIII - Final Subdivision Plan of Meadowview Estates, said Plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 74, Page 108. Also known as 1779 Springwillow Drive, Mechanicsburg, Pennsylvania, and recorded in Deed Book 254, Page 3697. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of One ($1.00) Dollar to Contractor, in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for themselves and their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the said buildings and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by them or any of them under said contract or otherwise, for, towards, in, or about the erection and construction of the said building (one story building) on the lot above described, and the said Contractor, for themselves, their subcontractors and others under them hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of them and agree that this instrument, waiving the right of lien, shall be an independent covenant. WITNESS our hands and seals the day and year above written. Signed, Sealed and Delivered in the Presence of Bruce N. Seik, President Sewalt, Inc, Contractor (SEAL) Russell T. Werner, Jrt' ~O%uler Constance J{ Werner, Owner 2 ACKNOWLEDGMENT FOR INDIVIDUAL COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : On this, the ~ day of ~p,*u~r~ , 2003 , before me, the undersigned officer, personally appeared Russell T,. Werner, Jr., and Constance J. Werner, husband and wife, known to me (or satisfactorily proven) to be the persons whose names were subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public ~ COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF : On this, the ~day of ~. , 20~3, before me, a Notary Public, personally appeared Bruce N. Seik, known to me to be the person whose name is subscribed as President of Sewalt, Inc., and who acknowledges himself to be the President of Sewalt, Inc., and that he as such President, being authorized to do so, executed the aforegoing statement for the purposes therein contained by signing the name of the corporation by himself as President. IN WITNESS WHEREOF, I hereun~ set my hand,nd nQtarial seal. Pu lio ' ( ) ~otary My Commission Expires: Notarial Seal Tamie R. Hershey, Notary Public Dillsburg Boro, York County My Commission Expires Jan. 20, 2004 Member, Pennsylvania Ass~i~tion of l'~otaries r l[erik of ourt 1 CouRhouse Square Carlisle, PA 17013 ',. ~ }'/Jlll~-u.I, PO!,? K~%RER JASON P 519 GOOD HOPE ROAD M~CHANICSBURG, PA 17050 A ~JNSUFFICIENT ADDRESS ~ O~ ~ ATTEMPTED NOT KNOWN n OTHER · m NO SUCH NUMBER/STREET r-1 NOT DELIVERABLE AS ADDRESSEt~ - UNABLE TO FORWARD I,,,llJ,,,llt,,,,,,ll,,ll,,,ll,,,tl,ll,,,,,,ll,,,lll