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HomeMy WebLinkAbout03-5180 STIPULATION VS. MECHANICS LIENS 7~. 03. g~ ~0 Application No. THIS AGREEMENT Made and concluded this 23rd day of SeptemberA. D. l~-2JlQ3 between_ Brian E. Stallsmith and Mary Beth Hamilton of , Party of the first part (hereinafter called Owner), AND Luttrell Homes, Inc. party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed Agreement under seal, bearing even date herewith, entered into a written contract for the erection and completion of an addition to a single family dwelling to be erected on 1161Rhoda Boulevard Monroe Township, Cumberland County Mechanicsburg, PA 17055 Tax Parcel #22-12-0348-035 and 22-12-0348-040 in which Agreement the Contractor convenanted, promised and agreed that no mechanics' claims or liens should be entered and filed against the said building or buildings or any part thereof, or the curtilage or curtilages appurtenant thereto, NOW THIS AGREEMENT WITNESSETH: That Contractor 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' llen or c]-~m er other lien or claim of any kind whatsoever shall be flied against the said building or buildings or the cur~lage or curtilages appurtenant thereto, by Contractor or by any sub-contractor, materialman or laborers for work done er materials furnished under said contract for and about said building or bailcHngs or any part thereof, or on credi% thereof, and that all sub,contractors, materialman, and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owmer 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 himaslf and the lot or lots of ground against any and all claims filed by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, tho said Contractor 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 Contractor or of any Sub-Contractor or Materialman, or Materiaimen, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Sub-Contractor or Materialman, or in his or their name against said 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 Humber in which and where this Agreement shall have been filed shall be a suf~cient exl~bit of the authority herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remiss, 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, S PRESENT: Luttrell Homes, Inc. · Luttrell, Manager M~ry~th Hamilton TC-2~ (Rev. 8/88) "Legal Description" TR3tCT NO. 1 ALL THOSE two certain lots, Nos. 7 and 8, of Valley View, Monroe Township, Cumberland County, Pennsylvania, as recorded in Plan Book 4, Page 92, and more particularly bounded and described as follows: BEGINNING at a point on the south side of Rhoda Boulevard at intersection of the same with property now or formerly of Harry Hair, and extending thence west along Rhoda Boulevard, 140 feet to line of Lot No. 6; thence south 100 feet to a point on the north side of 2nd Street; thence by same, 110 feet, more or less, to line of property now or formerly of Hair; thence by the same in a northwesterly direction, 105 feet, more or less, to a point, the place of BEGINNING. HAVING THEREON ERECTED a single dwelling house known and numbered as 1161 Rhoda Boulevard, Mechanicsburg, Pennsylvania. TRACT NO. 2 ALL THAT CERTAIN tract of land situate in Monroe .Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a stake at the northern side of Rhoda Boulevard and land now or formerly of Richard B. Becker and Bonnie R. Becker, his wife; thence North 14 degrees 30 minutes East, a distance of 223.47 feet along land now or formerly of Richard B. Becket and Bonnie R. Becker, his wife, to a pin at corner of lands now or formerly of Wedward Chronister et ux; ~hence North 87 degrees East, a distance of 172.35 feet to a pin and corner of lands now or formerly Harry Hair; thence South 21 degrees 30 minutes West, a distance of 250.36 feet along land now or formerly of Harry Hair to a stake and northern side of Rhoda Boulevard; thence along Rhoda Boulevard, North 87 degrees 42 minutes West, a distance of 136.78 feet to a stake, the place of BEGINNING. THACT NO. 3 ALL THAT CERTAIN tract of land consisting of two lots situate in Monroe Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEING all of Lot Nos. 9 and 10 as shown on that certain Plan of Lots as Valley View, as recorded in Plan Book 4, Page 92; in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. CONTAINING 88.5 feet in front along First Street as shown on said Plan and extending along Lot Nos. 11 and 12, a distance of 100 feet to an alley; thence along said alley, 111.8 feet to corner of Lot No. 9 on said Plan; thence along land now or formerly of Harry Hair, 101.6 feet to First Street, the place of BEGINNING. UNDER A/qD SUBJECT to the restrictions set forth in prior deeds of record and as recorded with and Plan. BEING THE SAME PREMISES which Ralph S. Widener, widower, by deed dated May 31, 2002 and recorded in June 3, 2002 in the Office of the Recorder of Deeds lin and for Cumberland County in Deed Book 251, page 4933, granted and conveyed unto Brian E. Stallsmith and Mary Beth