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HomeMy WebLinkAbout03-5526 STIPULATION AGAINST LIENS THIS AGREEMENT, made and entered into this ,]~dayof ~)aL~ , 2003, by and between SANTO SCALAVINO and MARIA SCALAVINO, husband and wife, of Cumberland County, Pennsylvania, parties of the first part (hereinafter called "Owner"), AND ROGER RUSSELL, with its principal offices located at 349 Gameland Road, Newville, Pennsylvania, party of the second part (hereinafter called "Contractor:"). WHEREAS, the said parties have by a duly executed written construction agreement under seal, dated ~-I-O$ , for construction and improvements to property located at Lot 4, Katie Lane, Newville, Cumberland County, Pennsylvania, as set forth in Deed Book , Page , and more particularly described in the attached Exhibit "A". NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract aforesaid and the consideration mentioned thereunder, as well as the further consideration of ONE ($1.00) DOLLAR to him in hand paid by the Owner at or before the sealing 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 or maintained against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any subcontractor, materialman or laborers for work done or materials furnished under said contract or by any other party acting through or under them or any of them for and about said building or buildings or any part thereof, or on credit thereof, and that all subcontractors, materialmen, and laborers on said work shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done, so that there shall not 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 contract for extra work, or work supplemental thereto, or otherwise. AND this Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of said building or buildings 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 himself 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, the 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 or it and in his, their, its name, mark satisfied of record at the cost and expense of the Contractor or of any Subcontractor or Materialman, or Materialmen, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Subcontractor 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 Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of the Authority herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit claim all rights and all manner of errors, defect 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. WITNESS: ~.~.._"~-----~._~_ '~' Sanib'~calavino, Owner, '~og~Russell, Contractor ALL THAT CERTAiN tract of land situate in Cooke Township, Cumberland County, Pennsylvania, being known and numbered as Lot No. 4 on a Subdivision Plan for Conrad Wiser, recorded in Cumberland County Plan Book 67, Page 16, more particularly bounded and described as follows, to wit: BEGINNING at a set iron pin at the edge or right-of-way "A" as shown on the Plan; thence along right-of-way, North 72 degrees 57 nfinutes 09 seconds East a distance of 290.00 feet to a set iron pin; thence along Lot No. 3 of the aforesaid Subdivision Plan, South 19 degrees 37 minutes 37 seconds East a distance of 413.85 feet to a set iron pin; thence along lands now or formerly of George L. and Janice M. Cook, South 55 degrees 12 minutes 44 seconds West a distance of 354.28 feet to a set iron pin; thence along Lot No. 5 of the aforesaid Subdivision Plan, North 19 degrees 37 minutes 37 seconds West a distance of 471.86 feet to a set iron pin; thence along curve "A", having a chord beating of North 27 degrees 58 minutes 35 seconds East, a chord length of 70.74 feet, an arc of 78.58 feet and a radius of 50.00 feet to a set iron pin, the Point and Place of BEGINNING. BEING all of Lot No. 4 as shown on the aforesaid Subdivision Plan for Conrad Wiser. CONTAINING a total area of 3.6265 acres, more or less.