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HomeMy WebLinkAbout03-5848 STIPULATION AGAINST LIENS Law SALZMANN, HUGHES & FISHMAN ~G~T E. B~O~ ad~t indi~uaL of 239 C~d h~e~R~ ~ll~ ~), S&i ~STO~ B~I ~O~S, ~., ~ i~ ~ei~ offi~ l~t~ at 501 Rolling ~e ~ve, Ste 200, S~te College, PA, ~ of ~e ~nd ~ (~e~ ~ C~). WHEREAS, the said parties have by a duly executed writlon construction agreements under seal, both dated ,2003, for construction and improvements to property located at Lot 13 g. dso Road, Shippeasburg, Southampton Township, Cumberland County, Pennsylvania as set forth in Deed Book , Page , and as more particularly described in the attached Exhibit A. NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of ~he con~act aforesaid and the consideration mentioned thereunder, as well aa tha further consideration of One ($1.00) Dollar to him in hand paid by the Owner at or beibre the sealing and delivery of these presents, the receipt whereof ia hereby acknowledged, does hereby covenant, promise and agree that no mechanics' lien or claim or other Ilea or claim of any kind whatsoever shall be filed or maintained against the said building or buildings or the curtilage or cortilagas appultenant thereto, by Contractor or by any sub-conWactor, materialmen or laborers for work done or materials funfished onder said contract or by any other party acting through or under them or any of them for and about said building or buildinEs or any part thereof, or on credit thereof, and that all sub~ontra~tara, matorialmen, and laborers on said work ~ look to and hold Contractor p~nally liable for all sub- contracts, materials furnished and work and labor done, so that there shall not be ~j legal or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished undar said coutnmt for and about the erection, construction and completion of said buildings as aforasaid, or under any contract for exlra work, or work supplemental thereto, AN/) this Agreement waiving thc right of lien shall be an ildepeadeut covenant and shall operate and be effecfil~e as well with respect to work done and materials fimaished under any supplemental coutl~t for extra work in the erection, corlslruction and completion of said building or buildings as to any work a~l labor done and martials fimfished under the contract aforesaid. AND, in order to give the Owner full power and authority to prote~t himself and the lot or lots of ground against any and all clalms filed by the Contractor or anyone acting onder or through him or it in violafiml of tile foregoing covenant, the ~aicl Contractor for himself, themselves, it.self, hereby irrevocably authorizes and ~lpowers any Attorney of any Court of Common Pleas of thc Commonwealth of Pennsylvama, to appear for him; ~ it, or any of thrill, in any of the 8aid Coar'~ of Common Pleas as Attorney for him. them or it and in his. their, its, name, mark satisfied of record at the cost and experr~ of the Conlxactor or of any Sub-Contractor or Matea'ialman. or Material men, any and all claims or claim, lien or liens, filed by or for the Con. actor, or any Sub-Contractor or Ma~ial man~ or ill his or their llalltC ~ said building or bfffl~lings, 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 refet~ace to the Court. Term and Number in which and where this Agreement shall have been fried shall he a sufficieaat exhibit of the · Authority herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remi~, release and quit-claim all rights and all manner of erpors, defects and imperfections whatsoever tn entering such satisfaction or in any- wise touching or concerning the same. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals daU~d the day and year first above wriRen. ~RGARET E. BASOM S&A ~f~ HOMES, INC. By: ~(SEAL) ~'ContTr~ 2 Stewart Title Guaranty Company Commitment Number: S100-007 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN tract of land situate in Southhampton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Eric L. Diffenbaugh, R.P.LS., dated May 6, 2000 and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 82, Page 32. BEGINNING at a railroad spike in Kelso Road SR 4017, at corner of Lot No. 12 on plan of Ridgeview; thence along Lot 12 South 44 degrees 50 minutes 47 seconds West 574.31 feet to a point; thence still along Lot No. 12, No~th 45 degrees 09 minutes 13 seconds West 170.00 feet to a poliO; thence along Lot No. 14, North 44 degrees 50 minutes 47 seconds East 574.31 fee~ to a point in cart'way of Kelso Road, SR 4017; thence along Kelso Road SR 4017 South 45 degrees 09 minutes 13 seconds East 170.00 feet to a point, the Place of BEGINNI CONTAINING 2.2413 acres and designated as Lot No. 13 on the Plan of Ridgeview. Being of the same premises which K~mjon, I~c. granted and conveyed to Margaret E. Basem, by deed dated October 31,2003, and recorded in the Office of the Recorder of Deeds in and for Cumberland County. ALTA Commitment Schedule C (BASONM10-03.PFDIBASONM10-03/11 )