HomeMy WebLinkAbout99-04752
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION- LAW
LOBARASSOCIATES, INC
Claimant
VS.
Mark E. & Nilda V. Bather/
Northwest Savings Bank
Co-Defendants
No. q2 - y7?a to L0
STIPULATIONAGAIN.ST LIENS
WHEREAS, LOBAR ASSOCIATES, INC, 4 Barlo Circle, P. n Box 432, Dillsburg,
Pennsylvania, 17019, ("Contractor") Has Entered IntoA Contract With Mark E & Nilda V.
Sather, 101 Melissa Court, Enola, PA 17025 ("Owner") For The Erection, Construction,
Alteration, Or Repair Of Improvements Upon The Lot Of Ground Situated At 8 Nita Court,
Mechanicsburg, Pennsylvania More Fully Described As Exhibit "A ", Hereof, Of Which Greater
Keystone Properties Is The Title Holder Of Record
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 OwnerAnd/Or Contractor Or To Any Contractor Or 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 WTTNES.SETH. That Contractor, For And In Consideration
Of The Contract Aforesaid And The Considerations Mentioned Thereunder, As Well As The
Further Consideration Of One And 00/100 (51.00) Dollar To le 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 Other Lien Or
Claim Of Any Kind Whatsoever Shall Be Filed Or Maintained Against The Building,
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Improvements, I.ot Of Ground Or Any Part Thereof, Or The Curtilage Or Curtilages Appurtenant
Thereto By Anyone, And That All Subcontractors, Materialmen And LaborersShall Look To And
Hold Contractor Personally Liable For All Subcontracts, Materials Furnished And Work And
Labor Done
AND THIS AGREEMENT, Waiving The Right Of Lien By Anyone, Shall Be An
Independent Covenant And.Shall Operate And Be Effective With Respect To {York Done And
Material 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 (honer And The
Building, Improvements And Lot Of Ground Against Any And All Clams Filed By Contractor
Or Anyone Acting Under Or Through Contractor In Violation Of The Foregoing Covenant,
Contractor Hereby Irrevocably Authorizes And Empowers Any Attorney Of Any Court Of
Common Pleas Of The Commonwealth Of Pennsylvania To Appear For Contractor In Any Of
The Said Courts Of Common Pleas 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 Gam Or Claims, Liens OfLien, Filed By Or For The Contractor,
Or Any Subcontractor Or Materialmen, Or In The Name Of Any One Or More Of Them Against
The Building, Improvements, Lot Of Ground Or Any Part Thereof, And, For Such Act Or Ads,
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 A Manner Of Errors,
Defects And Imperfections Whatsoever In Entering Such Satisfaction Or In Any Wise Touching
Or Concerning The Same
IN WITNESS WHEREOF, Contractor Has Executed This Instrument This 2nd Day Of
August, 1999.
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CONTRACTOR: LOBAR ASSOCIATE.S, INC.
BY.- /
I.ee E. Eichelberger, President
ATTE.ST.-
K. Fleming,
OWNER: Mark E. Bc Nilda V. Sather
BY.•
BY.-
WITNESS:`
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First American Title Insurance Company
Commitment No. 351024
SCHEDULE C
ALL that certain lot of unimproved land situated in the
Township of silver spring, County of Cumberland and Commonwealth
of Pennsylvania, more particularly bounded and described as
follows:
BEGINNING at a point on the eastern dedicated right-of-way
line of the cul-de-sac end of Nita court at the dividing line
between Lots Nos. 17 and 16 as shown on the hereinafter mentioned
plan of lots; thence along said dividing line between Lots Nos.
17 and 16, South 82 degrees 0 minutes 74 seconds East, a distance
of 150 feet to a point at lands now or formerly of George F.
Sullenberger; thence along said latter lands, North 7 degrees 51
minutes 26 seconds East, a distance of 329.84 feet to an iron
post- at corner of lands now or formerly of Mark E. Wadlinger and
others; thence along lands of others, North 05 degrees 39 minutes
15 seconds West a distance of 200.78 feet to a point at thn
dividing line between Lots Nos. 17 and 10 as shown on the
hereinafter mentioned plan of lots; thence along said dividing
line between Lots Nos. 17 and 18, South 7 degrees 51 minutes 26
seconds West, a distance of 267.57 feet to a point on the
northern dedicated right-of-way line of the cul-de-sac end of
Nita court; thence along said right-of-way line on a curve to the
left having a radius of 5o feet, an are distance of 78.54 feet to
a point on the name at the dividing line between Lots Nos. 1.7 and
16 as shown on the hereinafter mentioned plan of lots, the place
of. BEGINNING.
BEING Lot No. 17 as shown on a certain plan of lots entitled
"Final Subdivision of Enchanted Hills" as recorded in the Office
of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Plan Book 76, Page 77.
The ahnve described lot shall be conveyed under and subject,
nevertheless, to:
(1) The building set-back lines and utility
easements and drainage easements, if any, as more fully
shown, located and defined on the above mentioned plan
of lots;
(2) The applicable restrictions, covenants, and
conditions as more fully set forth on the above
mentioned plan of lots;
(3) The easements and rights-of-way heretofore
granted to public utility companies for the use of
providing utility services to the subdivision shown on
the above described plan of lots; and
(4) The restrictions, conditions and covenants as
more fully set forth in a certain Amended Declaration
of Covenants and Restrictions dated January 15, 1999,
and recorded in the Recorder's Office aforesaid in
Miscellaneous Record Book Volume 601, Page 770.
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