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HomeMy WebLinkAbout01-5812STIPULATION AGAINST LIENS OWNER: JOHN E. 7~F~LLA AND DEBRA ZELLA CONTRACTOR: JOHN M. BLACK THIS AGI~F~F~MENT made the ~o~.~ day o~ 2001 between JOHN M. BLACK of (address) 1364 Mountain Roali, Newburg, PA 17240, hereinafter referred to as General Contractor A N D JOHN E. ZELLA AND DEBRA ZELLA of (address) , hereinafter referred to aa Owner. WHEREAS, Contractor has entered into an agreement with Owner to erect and constrnet a building on that certain lit of ground situate in UPPER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PA, SEE EXHIBIT aA" ATTACHED. NOW THEREFORE THIS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of One ($1.00) Dollar in hand paid to it by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for itself and its subcontractors, and aH parties acting through or under it or them, covenant and agree that no mechanic's liens or claims shah be filed or maintained by it or any of them against the said improvements and the lit of ground appurtenant thereto for or on account of any work done or materials furnished by it or any of them under said contract or otherwise, for, towards, in or about the erected and construction of the said improvements on the lit above described, and the said Contractor, for itself, its subcontractors and others under it hereby expressly waives and relinquishes the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of the improvements, and agrees that this instrument, waiving the right of lien, shah be an independent covenant. IN WITNESS WH~RI~OF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first above written. A~I~ST CONTRACTOR: OWNI~R: COMMO~TH OF PENNSYLVANIA: COUNTY OF . : On this, the 2-~"~d~y of N-~ot~' SS 2001, before me, a Notary Public, the undersigned officer, personally appeared JOHN E. ZgLLA AND DEBRA Z~LLA, lmown to me (or satis~etorily proven) to be the person whose name is subscribed to this instrument and acknowledged that s/he has executed the same for the purposes therein eontained. IN WITNESS WHEREOF, I bereunto~ i~ 8 Notaria~ Seal --~ Ora ' ' ~ I M~ Commission Expires May 20, 2002 _] STATE OF PEI~SYLVANIA SS: ~COU[~I~ OF ~0n this, the ~1~ (~ day of (/~(f-J"(~_~, ,2001 before me, the undersigned officer, personally appeared JOHN M. BLACK, who acknowledged himself to be the GENERAL CONTRACTOR, of his self owned business and therefore being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing by himself as General Contractor. In witness whereof, I hereunto set my hand and seaL My commms~on expires Notarial Seal Tracy L. B!~ck, Notary Publ~3 Chan~bersb,arg Boro, Franklin Cour~y My Commission E~ire~ Sept.,l, 2003, EXHIBIT "A" ALL THAT CERTAIN tract of land situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a nail in the centerline of Township Road No. T-405, on the line of lands now or formerly of Robert Over;, thence along the latter, North 37 degrees 06 minutes 13 seconds West, a distance of 693.77 feet to an iron pin on the fine of land now or formerly of IL G. and D. M. Hosler; thence along the latter, North 58 degrees 05 minutes 09 seconds East, a distance of 250.00 feet to an iron pin on fine of lands now or formerly of Andrew E. Bonnie and Louise A. Bonnie, husband and wife; thence along the latter, South 36 degrees 55 minutes 44 seconds East, a distance of 644.~6 feet to a nail in the eenterfine of the said Township Road No. T- 405; thence along the latter, South 57 degrees 15 minutes 26 seconds West, a distance of 22.87 feet to a nail; thence along the same, by a curve to the left having a radius of 496.04 feet, an are distance of 148.87 feet to a nail; thence along the same, South 40 degrees 03 minutes 42 seconds West, a distance of 78.76 feet to the place of Beginning. CONTAINING 3.765 acres more or loss, and being described according to a survey by Arrowhead, Inc., dated April 4, 1975. BEING THE SAME PREMISES which Edward J. Zeila and Betty M. Zella, husband and wife, by deed dated June 13, 2001 and recorded June 14, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 246, Page 856, granted and conveyed unto John E. Zella.