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Home My WebLink About01-0734 FX .'y> ,C" .", ,,' '." -,'" ,,,,,,-,;^ '~-J'.-,^ . "'-'--"~c' "0.,"",,\ ",' - - "~":;r\ . ,"" . f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONTRACTOR: Taylor Home Improvement, Inc. MLD No. 0/ -73l.J OWNERS: Thomas B. Schmidt, III Donna L. Fisher STIPULATION AGAINST LIENS WHEREAS, Taylor Home Improvement, Inc. of 5103 Carlisle Pike, Mechanicsburg, Pennsylvania ("Contractor") has entered into a Contract with Thomas B. Schmidt, III, and Donna L. Fisher, husband and wife currently residing at 13 West Lawn Circle, Wormleysburg, Pennsylvania Gointly, "Owner") for the construction of home improvements to the home situated upon the lot of ground described in Exhibit "A" hereof, being Lot 13 and the eastern portion of Lot 12 ofPennsboro Manor, situate in Wormleysburg Borough, Cumberland County, Pennsylvania, of which Owner is title holder of record; and WHEREAS, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be erected thereon shall be subject to a lien for debts due by Owner to Contractor or by Contractor to any subcontractor for labor or materials furnished in the said erection or construction, and the right of anyone to claim any such lien be waived hereby. NOW, THIS AGREEMENT WITNESSETH: That Contractor, for and in consideration of the contract aforesaid and the considerations mentioned thereunder, as well as the further consideration of One and 00/1 00 ($1.00) Dollar to it in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending to be legally bound hereby, does hereby covenant, promise and agree for Contractor and any and all subcontractors, materialmen, laborers and parties acting for, through or under Contractor, that no Mechanic's Lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground or any part thereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers shall look to and hold Contractor solely liable for all subcontracts, materials furnished and work and labor done. HB: #50505 vI (12YXOI !.WPD) .. . ~~ ~, ~", '. '_,. ~. '"~,' _~~ ,-",'^ '-'--'~." H.= ~ r"",.'~'_--'O"""='-",,,=,,,,,_,",_'.,, AND THIS AGREEMENT, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be effective with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the building as well as to any work and labor done and materials furnished under the contract aforesaid. AND, in order to give the Owner full power and authority to protect Owner and the building, improvements and lot of ground against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any attorney to appear for Contractor in any Court of Common Pleas of the Commonwealth of Pennsylvania as attorney for Contractor and in the Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialman, or in the name of anyone or more of them against the building, improvements, lot 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 instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor does hereby remise, release, and quitclaim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. /./'10..- IN WITNESS WHEREOF, Contractor has executed this instrument this L day of February, 2001. ATTEST: HB:#50505 vI (I2YXOl!.WPD) CONTRACTOR: By: provement Inc. ~ OWNER: , " ,> --, ,^">. '_~ '"'-'c,,- ,.-,J ,;'''<'-'dr'. -~ ,pc,__>",--,_,~,' '"iJ "",":;'i<^;'''-'', ,,~',,""'__'.-',;.~; ,', ' ;"":; , COMMONWEALTH OF PENNSYLVANIA COUNTY OF :SS --rt-. On this, the to day of February, 2001, before me, the subscriber, a ^' Not~ !l~ltc in and for the Commonwealth of PennsylvaJ$" p~rsonally appeared l'ItlYK. Dr, who acknowledged himselfto be the I-'f'es. ckJ- . of Taylor Home hnprovement, Inc., a Pennsylvania corporation, and as such Prlsl(kJ- and being authorized to do so, acknowledged that he execl}ted tqel wi~in instrument for the purposes therein contained by signing his name as \-loft"'" ae....:r of Taylor Home hnprovement, Inc. . WITNESS my hand and Official Notarial Seal, ~.~71. ~ NOTARY PUBLIC My Commission Expires: NOT ARJAL SEAL CONNIE L, HOFFMAN, Notary Public Camp HIli Born, Cumberland County M Commission Ex Ires A rit 8, 2002 HB:#50505 vI (l2YXOILWPD) "',",---, "__,v_" '--',., ~,', v' ,,';-',0"';'> :""~k, -",~;',("",,,,,,,,,;;;,";;,,;~-<:,,";',,,,'" . _-''' 'c_,__ \ .' , . COMMONWEALTH OF PENNSYLVANIA COUNTY OF D It LlPJ./ IN :SS On this, the5!!:day of February, 2001, before me, the subscriber, a Notary Public in and for the Commonwealth of Pennsylvania, personally appeared Thomas B. Schmidt, ill, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. WITNESS my hand and Official Notarial Seal. ~mng~~jP~ 0g~, N TARY r;c Notarial Seal Klmberiy Kelly Perez, Notal)l Public Hamsburg, Dauphin County My Commission Expires Aug. 3, 2003 MemI;ler,l'e!1nsy1vanJaAssociatiOnolN_ My Commission Expires: COMMONWEALTH OF PENNSYLVANIA :SS COUNTY OF DAUPH J N On this, the Sl:hday of February, 2001, before me, the subscriber, a Notary Public in and for the Commonwealth of Pennsylvania, personally appeared Donna L. Fisher, to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. WITNESS my hand and Official Notarial Seal. i:r rn bO#rm~ QJJ~ 0.1 ky N TARYP Ere My Commission Expires: Notarial Seal KImberly Kelly Perez, No~ Public HamsliUli}, Dauphin County My Commission Expires Aug. 3, 2003 Member, l'e!1nsy1vanJaAssoclallon 01 NoIaI1es / , lID: #50505 vI (12YXOI!.WPD) '" ~" ',,' ~'-' _,l'" ,,---~~_.. . ," . . ALL THAT CERTAIN piece or parcei of land situate in the Borough of wormleysburg,Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING ~t a point on the so~thern line of West Lawn Circle, at the dividing line betwee~ Lot No. 14 and Lot No. 13 on the hereinafter mentidriedPlanqf Lots and at the.western line of land now or late of J. Kenneth Moran and Mary Margaret Moran, his wife; thence alo~g the El<!-id dividing, line between Lot No. 14 and Lot No. 13 on said'hereinafter menticihed Plan of Lots and beyond along the said western line of lands now or late of J. Kenneth Moran and Mary Margaret Moran, his wife, in a southeastwardly direction 231.45 feet to ,a point on the northern line of Lot No. 18, on the hereinafter mentioned Plan of Lots; ,thence along the northern line of ,Lot No. 18 and Lot No. 17 on the hereinafter mentioned Plan of Lots in a westwarcity direction 2~9.10 feet to a point at the easterh line oflan.d now or late of StanleyK. Rinehart and Helen O. Rinehart, his w:j.fe; . thence along the eastern line of lands now or late of the said Stanley K. Rinehart and Helen '0. Rinehart, his wife, in a northwardly direction 193.45 feet to a point on the southern line of West Lawn Circle'; thence along the southern line of West Lawn Circle in can eastwardly direction by a curve to the left having a radius of 250 feet, a distance of 1~O.05 feet to a point at the western line of lands now or late of J. Ke~eth Moran and Mary Margaret Moran; his wife, the place of ,BEGINNING. BEING,all of Lot No. 13 and the 'eastern POrtion of Lot No. 12 as shown on the Plan known as pennsboro Manor, . Revised, which Plan is recorded in the Office of the Recorder of Deeds of Cumberland county in Plan Book 3, Page' 6 .' e"OOK 140 ~/,~E ,674 z..~~~b,{ "A'\ ::,{~\~~ii~~~~~~!!wif~~7~f~jl]f0fi~~":rf1;i~f~%J:~~~:"~;;J~'''''S li%illd~iji<f~:j:"""-'" '">~'~!~I~j><t'"'';;jfi;UJ~Jiiiif:mt#M.'':~';;Ui"":,"t'",,,.'',i';'4'''.;;11~!i1f~ "'~ ;i~~~;~ ~_, <, ."~ ,~. ~~_ ,_ l ,"'~ " lllllln_~ ~_l ~~ () 0 0 -;lb c:: n <= -n :tt:- ~ fm --., :"-j r f71 c:') ~7~ ~ 0 '-", 0 C Ci " 2it~; \. -;J ....... --0 ,-', " .S4 ~() --J ~ h'_'" -, ~ pl., ?~~;'~1 ~-, "\l ~7 ~:.:j ~-- !"0 --j :1.] ~ (.) -< ~ .~q ~~ ['I . o. "i1 I:" , I'i ,,' ~" ~:; Ii I~ i~ !j ,