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HomeMy WebLinkAbout03-1163STIPULATION AGAINST LIENS THIS AGREEMENT made the 3 g'~ay of January, 2003, by and between, John ......... ~, Budder, of Greencastle, Pennsylvania, hereinafter referred to as Contractor, AND KEITH T. KIERZKO WSKI and MELINDA L. KIERZKO WSKI, of 2071 Rimer Highway, Carlisle, Pennsylvania, hereinafter referred to as Owner, WHEREAS, the said Contractor undertook and agreed to make certain improvements to Owner's property situate in Cumberland, Pennsylvania, known as Lot No. 6, in Plan Book 58, at Page 60-A, situate in Shippensburg, Southampton Township, Cumberland County, Pennsylvania, more fully described in Exhibit "A" attached hereto and made a part hereof. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of One Dollar ($1.00) to said Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for himself, and his subcontractors, and ail 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 improvements 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 improvements on the lot above described, and the said Contractor, for himself, his subcontractors and others under him 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 this ~/g ~' day of January, 2003. Signed, Sealed and Delivered in the Presence of · Ket~' Ti-Ki'-~zzko~Owner Melinc~a L.' ' Klerzkowski, Owner COMMONWEALTH OF PENNSYLVANIA ' · SS. COUNTY OF [~Et:rN : On this, the a,~+~' day of January, 2003, before me the undersigned officer, personally appeared John .~a~?~,nown to me (or satisfactorily proven) to be the person whose name is subscribed to thet~~nstrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS whereof, I hereunto set my hand and official seal. Kimberly J. Myers, Notary Public Greencastle Bom, Franklin County My Commission Expires Sept. 17, 2005 M~mber, PennsylvaniaAssocia~ et Notaries (SEAL) COMMONWEALTH OF PENNSYLVANIA ' COUNTY OF ' SS. On this, the day of January, 2003, before me the undersigned officer, personally appeared KEITH T. KIERZKOWSKI and MELINDA L. KIERZKOWSKI known to me (or satisfactorily proven) to be the persons whose names are 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· (SEAL) SCHEDULE A ALL that certain tract of land situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the comer of lands now or formerly of Errol Coy and road T-314 (White House Road); thence along T-314 (White House Road), North 04 degrees 22 minutes 06 seconds East, 167.44 feet to an existing railroad spike; thence along the same, North 04 degrees 54 minutes 40 seconds West, 71.56 feet to a railroad spike at the comer of lands along T-314 and Lot #5; thence along Lot #5, North 74 degrees 44 minutes 45 seconds East 379.29 feet to an iron pin at stones; thence along the same, North 83 degrees 44 minutes 45 seconds East, 387.44 feet to an iron pin at stones at comer of Lot #5 and lands now or formerly of Joan Bums Coy & Rodney Kauffman; thence along lands now or formerly of Rodney Kauffman, South 03 degrees 20 minutes 21 seconds East, 293.89 feet to an iron pin at stones at the comer of lands now or formerly of Joan Bums Coy and Rodney Kauffman and lands now or formerly of Eric L. Diffenbaugh; thence by lands now or formerly of Eric L. Diffenbaugh, South 86 degrees 39 minutes 39 seconds West 297.20 feet to an iron pin at stones along Lot 3A; thence along Lot 3A, South 03 degrees 22 minutes 40 seconds East, 41.73 feet to an existing iron pin along lands now or formerly of Lot 3A and lands now or formerly of Errol Coy; thence along lands now or formerly of Errol Coy, South 86 degrees 40 minutes 44 seconds West, 481.37 feet to an existing raikoad spike at the point and place of BEGINNING. CONTAINING a total of 5.000 acres, more or less, including a right of way. Being all of Lot 6 as set forth in a subdivision plan prepared by E. L. Diffenbaugh, P.L.S., dated June 27, 1988 and recorded in Cumberland County Plan Book 58, Page 60-A. BEING that same real estate that Joan Louise Bums Coy and Edgar J. Coy, her husband, by deed dated and recorded in the Office of the Recorder of Deeds in and for Cumberland County, pennsylvania, Keith T. Kierzkowski and Melinda L. Kierzkowski, Grantors and Mortgagors herein.