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HomeMy WebLinkAbout03-3395STIPULATION AGAINST LIENS THIS AGREEMENT made the 3r'l day of July, 2003, by and between, KENNETH FORRESTER, BUILDER, of Shippensburg, Pennsylvania, hereinafter referred to as Contractor, AND CHRISTOPHER T. BENTLEY and LARA A. BENTLEY, husband and wife, presently of 43 Stewart Place, Shippensburg, 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. 2, in Plan Book 87, at Page 61, 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 m~ntioned in the agreement aforesaid, for himself, and his subcontractors, and all 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 fumished 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 3rd day of July, 2003. Signed, Sealed and Delivered in the Br~sence of l? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this, the 3rd day of July, 2003, before me the undersigned officer, personally appeared Kenneth Forrester, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. 1N WITNESS whereof, I hereunto set my hand and official seal. Notarial Seal Dawn Marie Sheep, Notary Public 8111ppensburg Bore, Cumberiend Count~! My Commission Expires Feb. 5, 2004 Notary Public COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this, the ] IO~4q day of July, 2003, before me the undersigned officer, personally appeared Christopher T. Bentley and Lara A. Bentley, 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. Notary Public (SEAL) SCHEDULE "A" ALL that certain tract of land located in Southampton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a set railroad spike in the approximate center of Township Route #310, more commonly referred to as Fish Hatchery Road, at the comer of other lands now or formerly of Teresa L. Roman; thence by other lands now or formerly of Teresa L. Roman, North 61 degrees 6 minutes 10 seconds East 333.82 feet to a set iron pin; thence by other lands now or formerly of Teresa L. Roman, South 28 degrees 53 minutes 50 seconds East 245 feet to a set iron pin at a fence line; thence along said fence line and by lands now or formerly of David Seibert, South 61 degrees 6 minutes 10 seconds West 292 feet to an existing iron pin; thence by the same, North 81 degrees 57 minutes 43 seconds West 84 feet to an existing railroad spike in the approximate center of said Township Route #310 (Fish Hatchery Road); thence along the said roadway North 21 degrees 28 minutes 49 seconds West 196.16 feet to a set railroad spike, the place of BEGINNING. CONTAINING a total lot area of 1.9245 acres pursuant to subdivision plan prepared by Eric L. Diffenbangh, R.S., dated April 2, 2003, and recorded in Cumberland County Plan Book 87, Page 61. BEING part of that same real estate that Teresa L. Roman, by her deed dated June 10, 2003 and intended to be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, conveyed to Christopher T. Bentley and Lara A. Bentley, husband and wife, Grantors and Mortgagors herein.