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Home My WebLink About01-03605 ,'" ~"~- d-- ",;,.-,,- "'-. ~_'_<,z.O, ,.";i'~ ''''~. _~, .ii-,.'; _1",,_,/_. -,., -^C__"."~_ ,.~,~"; ,,- "" . " HOWARD ZLOTOFF and FERN ZLOTOFF Owner-Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. MECHANICS' LIEN NO. 0 1- 3("OJ,- IVJ J..rJ T L- D. TERRY MILLER & ASSOCIATES, INC. Contractor-Defendant STIPULATION AGAINST LIENS The undersigned contractor, materialman or other entity or person furnishing services, labor or materials, known as D. TERRY MILLER & ASSOCIATES, INC., a Pennsylvania corporation (tbe "Contractor") intending to be legally bound, and in consideration of the sum of ONE AND NOli 00 DOLLARS ($1.00) to it in hand paid by HOWARD ZLOTOFF and FERN ZLOTOFF ("Owner") the receipt whereof is hereby acknowledged, for itself and any subcontractors, materialmen, laborers or anyone else acting through or under it, covenants and agrees that no mechanics or materialmen's liens or claims shall be filed or maintained by it, tbem or any of them, against the real estate described in Schedule "A", attached hereto and made a part hereof, or against any buildings or otber improvements thereon (jointly and severally, tbe "Real Estate"), for or on account of any work to be done or materials furnished under the principal contract between Owner and Contractor, dated ::To",<- 6 , 2001, or under any supplemental contract, verbal or written, or contract for extra work or materials relating to and work to be done or material furnished under said principal contract. The undersigned, for itself, its subcontractors, materialmen, laborers and anyone else acting or claiming through or under it, hereby waives and relinquishes all right to file a mechanics' lien, claim or notice of intention to file any lien or claim against the Real Estate. The undersigned, for itself, its subcontractors, materialmen, laborers and anyone else acting under or through it, hereby irrevocably autborizes and empowers any attomey of any court of competent jurisdiction of tbe Commonwealth of Pennsylvania, or elsewhere, to appear as attomey for it, them or any of them, in any such court and, in its or tbeir name or names, mark satisfied of record at tbe cost and expense of tbe undersigned, any and all claims, liens, any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or tbem, to incorporate tberein as part of the record this waiver and for such act or acts this waiver shall be good and sufficient warrant and authority, and the undersigned for itself, and for tbem, does hereby remise, release and quit-claim all rights and all manner of errors, in filing such pleading, instrument or amendment, or in any way concerning them. Owner shall have tbe absolute right in their name(s) or in tbe name of the undersigned or any other entity or person who shall have filed a claim or lien, to cause any and all such claims or liens to be discharged by any other instrument, pleading or proceeding permitted at law or in equity. The undersigned hereby avers, represents and warrants that no work has commenced on tbe Real Estate and no labor or materials have been delivered to tbe Real Estate or furnished for tbe improvement of tbe Real Estate by tbe undersigned or by any subcontractor, materialman, laborer, or other person or entity, and tbat no autborization has yet been given by the Owner to the undersigned to commence work or purchase materials in connection witb the Real Estate. , , ," "-", - \,-" " -~. '.'-Co,', _;,C'""",''-._", 'v',_'_ '0" "'-_, -' ~_'I.;,'_ ,,' " "",-.- \ie-'., - This stipulation is made and intended to be filed with the Cumberland County Prothonotary in accordance with the requirements of the Mechanics' Lien Law of 1963 of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as of the "& day of :::s "''I'\~ , 2001. WITNESS: CONTRACTOR: D. TERRY MILLER & ASSOCIATES, INC. '~ ~ BYN~~~U'5 Title: (/ I ell.- ,oN" ~""'r . c ".", "~='~ , . 'v " --,~~-,~-~ , ~,,"H -,;,-. ',,",,,,,- '"",,~I,- +'0'. .--",'--;,~; - ,>, ~" SCHEDULE A ."".', . - J:r:;:~ -,'" --- ~-~-""'"''' u..........u)' 6J.dUL d-UU. l.Uu. Yl.Y Lv UAt..: SaJli~ UJ:3,ill,(;(. ~ ALL THAT CERTAIN lot of land situate in Hampden Township, C",mberl.and County, Pennsylvania, bounded and deecribed as follows. BEGINNING at a point on the westerly line of South 36th Street at the northerly line of lands now or formerly of Sun Oil Company, said point being located 100 feet measured northwardly along 36th Street from Trindle Road; thence along lands nO\' or formerly of Sun Oil Company South 70' 7' West, 146.88 feet to a stake at line of land now or formerly of Dr. Marion C. Insley; thence by the latter lands North 28' 31' West, 137.76 feet to a tack in fence at line of lands now or formerly of Galen Fisher; thence by the latter lands North 70' 7' East, 145.34 feet to a stake in the westerly line of 36th Street, now or formerly of land of Mary Kabaugh; thence by the latter line South 29' 9' East, 138 feet to the place of BEGINNING. HAVING thel:eon e,I:ected a 2~ story frame dwelling house and garage, known as 98 South 36th Street. FOR title into grantor, see Cumberland County Deed Book N, Volume 26, Page 210. John A. Dattoli died on July 19, 1987. On July 27, 1987, the Register of Wills of Dauphin County, Pennsylvania, granted Letters Testamontary to Norman M. Yaffe. and the said Norman M. Yotte continues to serve as F.xecutor, all in proceedings docketed to number 617-1987. ROBERT J. DATTOLI joins in this conveyance so as to release, extinguisht convey andlor discharge any rights he may have in the property herein conveyed by virtue of his being a specific devisee of this real estate per S3351 of the Pa. Probate, Estates and Fiduciary Code. For record of probate proceedings, see exemplified copy of proceedings in Dauphin County, Pennsylvania, filed in the Office of the Register of Wills in and for Cumberland County, Pennsylvania, in Estate No. 21-87-851. i.,,\"'" r-!,',_!4<J;J',,:.;' ': r." C{ ~c.> Q,^,-~~ ~~ ~ s:\ \> "-a \>~ ~..!\'\ _&.fr'1be'<;q... d PC;1ft-.> Scboei Oi.t. Cumbo Co., ...,. / L....,H/4'C..., t"'.Jl ".' .~e.~....,_....(". Cumbo C... ".. j S -'" Est.t. ltf'''''.').e r ~~f?,..!f.;e A..I. . e~.otJ ;1~u ee- f.!'t:!07C<2. , -"~b. eo. I'll". (:.1, to.... 1'1 R".ll ~.t~f9 Tn"" If'.c: ~2---12-1/17. 57Sell t::IlIrte ..........~~ Am4, .....e..... ....,L:<tdt7.. '?~~~.....:=.C- 0..... c... ...1. Cd. ~'" B!lCJJ(C 33 f'Ai:E461 ,. Cumberland ALL XHAT CERTAIN parcel of Real State of Pennsylvania, to wit: I..........., """-"'..~ , ~ J_.ij~W.ll!I~)lir[;~ '<c',; , State of Pennsylvania: Estate~n the Township , of Hampden, County of Cumrnerland, BEGINNING at a point being the intersection of the Northerly side of Trindle Road (State Highway LR No. 507)(Seventy feet wide) and the Westerly side of Thirty-sixth Street (Sixty feet wide); thence from said point of beginning (1) extending along the said Northerly side of Trindle Road South Seventy de~rees Seven minutes West One hundred Forty-eight feet to an iron pipe; thence (2) North Twenty-eight degrees Thirty-one minutes West Ninety-nine and eighty-three one-hundredths feet along the line of land now or late of M. Elicker to a point; thence (3) North Seventy degrees Seven minutes East One hundred forty-six and eighty-eight one-hundredths feet to a point in the Westerly side of Thirty- sixth Street aforesaid; thence thereby (4)South Twenty-nine degrees Nine Ininutes East One hundred feet to the first mentioned point and place of beginning. BEING the same premises which Sun Refining and Marketing Company by its deed dated February 8, 1984, and recorded on March 7. 1984, in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania. in Deed Book" 0 ", Volume Jeo , Page 10(,7. granted and conveyed unto Howard J. Zlotoff and Fern R. Zlotoff, husband and wife. the Mortgagors/Borrowers herein. [It is understood and agreed by and between the parties hereto that the consideration for the within mortgage is the present and future advancements of funds to the Borrowers by Lender in accordance with a certain Construction Loan Agreement executed concurrently herewith to provide for the financing of the construction of a professional office building on the premises herein described, and it is further understood and agreed by the parties hereto that the within mortgage shall have the full force, effect and benefits of a mOrtgage to secure present and future advances.] ~~(!)C \'R\~'r.>~ ~ <\> ~~~~\'\ which has the add ress of 1600 Trindle Road (Slreet) Camp Hill (Cily) (Hampden Township) Pennsylvania 17055 ( herein "Property Address"); (State and Zip Code) TOGETHER with all the improvemenls now or hereafter erected on the properly, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits. water. water rights. and water stock, and illl fixtures now or hcrcurlcr attached to the property, all of which, including replacements and additions thereto. shall be deemed 10 be and remain a parI of the property covered by this Mortgage; and all of the foregoing. together with said properly (or Ihe leasehold estate if this Mortgage is on a leasehold) are herein referred to as the "Property". Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has Ihe right 10 mortgage, grant and convey the Property, that Ihe Property, is uneneumbered, and Ihallhe Borrower will warrant and defend generally Ihe title 10 Ihe Properly againsl all claims and demands, subjeel to any deelaralions, easements or reslrielions listed in a schedule of exceptions to coverage in any title insurance policy insuring Lender's interest in the Properly. PI:NNSYl.VANIA-1 to 4-- tt79 FNMA.J:HI.Ml" UNIFORM INSl'RUMF.NT """ .. I,~