HomeMy WebLinkAbout07-2950o7-~9so m~,a `7-E'~e~,l
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY-PENNSYLVANIA
Steven E. Nye, No.
Single Man,
Owners
vs.
Richard Alleman
Alleman Construction
Contractor
STIPULATION AGAINST LIENS
THIS AGREEMENT made and concluded this ~ day of May, A.D. 2007, between
Steven E. Nye, single man of 32 Harmon Road, Newburg, PA 17240, party of the first part (hereinafter
called Owner), AND Richard Alleman of Alleman Construction, parties of the second part (hereinafter
called Contractors).
WHEREAS, the said parties have by a duly executed Agreement under seal, bearing even date
herewith, the said parties have a by a duly executed Agreement under seal, bearing even date Lot 1
Harmon Road, Newburg, Pennsylvania, 17240.
NOW THIS AGREEMENT WITNESSETH: The Contractors for and in consideration of the
awarding to him by Owner of said contract as aforesaid, as well as the further consideration of One
($1.00) Dollar to him paid at or before the ensealing and delivery of these presents, the receipt whereof is
hereby acknowledged, does hereby covenant, promise and agree that no mechanics' lien or claim or other
lien or claim of any kind whatsoever shall be filed against the said building or buildings or the cartilage or
cartilages appurtenant thereto, by Contractors or by any sub-contractor, materialmen or laborers for work
done or materials furnished under said contract and about said building or buildings or any part thereof, or
on credit thereof, and that all sub-contractors, materialmen, and laborers on said work shall look to and
hold Contractors personally liable for all sub-contracts, materials furnished and work and labor done, so
that there shall be any legal or lawful claim of any kind whatever against Owner for any work done or
labor or materials furnished under said contract for and about the erection, construction and completion of
said buildings as aforesaid, or under any contracts for extra work, or for work supplemental thereto, or
otherwise.
AND, in order to give the Owner full power and authority to protect himself and the lot or lots of
ground against any and all claims filed by the Contractors or anyone acting under or through him or it in
violation of the foregoing covenant, the said Contractors for himself, themselves, itself, hereby
irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth
of Pennsylvania, to appear for him, them it, or any of them, in any of the said Courts of Common Pleas as
Attorney for him, them or it and in his, their, its, name, mark satisfied of record at the cost and expense of
the Contractors or of any Sub-Contractors or Materialman, or Materialmen, any and all claims or claim,
lien or liens, filed by or for the Contractors, or any Sub-Contractors or Materialman, or in his or their
name against building or buildings, lot or lots 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 Agreement shall have been filed shall be sufficient exhibit of the authority hErein
contained to warrant such action, and the Contractors for himself, themselves, itself, do hereby remise,
release and quit-claim all rights and all manner of errors, defects and imperfections whatsoever in
entering such satisfaction or in anywise touching or concerning the same.
IN WITNESS WHEREOF the said parties have hereunto set their hands and seals dated the day
and year first above written.
WITNESSES PRESENT:
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Steven E. Nye
By:
Richard Apeman for Apeman
Construction
' ~ Exhibit A
ALL THAT CERTAIN tract of land situate in Upper Mifflin Township, Cumberland
County, Pennsylvania, bound and described as follows:
BEGINNING at a railroad spike in the center of Mountain Road, SR-4007, at the
intersection of Harmon Road, T-379; thence through the center of said Mountain Road,
SR-4007 North 29 degrees 09 minutes 48 seconds West, a distance of 240.20 feet to an
existing railroad spike, thence along lands now or formerly of Gary K. and Susan J.
Noble, North 71 degrees 29 minutes 50 seconds West, a distance of 311.17 feet to an
existing iron pin, thence by land now or formerly of Kenneth E. Nye and Martha J. Nye,
South 03 degrees 29 minutes 52 seconds East, a distance of 160.32 feet to an existing iron
pin; thence continuing along lands now or formerly of Kenneth E. Nye and Martha J.
Nye, South 03 degrees 29 minutes 52 seconds East, a distance of 160.32 feet to an
existing iron pin, thence continuing along lands now or formerly of Kenneth E. Nye and
Martha J. Nye, South 03 degrees 29 minutes 52 seconds East, a distance of 206.52 feet to
a set railroad spike in the center of Harmon Road T-379; thence continuing along said
Harmon Road T-379, South 88 degrees 37 minutes 22 seconds East, a distance of 230.78
feet to a set railroad spike, thence continuing along Harmon Road T-379, North 72
degrees 46 minutes 11 seconds, East; a distance of 213.38 feet to a set railroad spike in the
intersection of Mountain Road, SR-4007 and Harmon Road T-379, the point and place of
BEGINNING.
BEING Lot No. 1 of the Final Subdivision Plan for Kenneth E. Nye, prepared by Eric L.
Diffenbaugh, Professional Land Surveyor, dated June 16, 2005, and revised July 6, 2005,
and recorded at the Recorder of Deeds Office in and for Cumberland County,
Pennsylvania on September 26, 2005, in Plan Book 91, Page 52.
BEING the same premises which Kenneth E. Nye and Martha J. Nye, husband and wife,
by their Deed dated September 8, 2006 and recorded in the Office of the Recorder of
Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book 276, Page
3061, granted and conveyed unto Steven E. Nye.
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