HomeMy WebLinkAbout03-6208 STIPULATION AGAINST LIENS
Law Offices
SALZMANN, HUGHES & FISHMAN
93 41~rander ~Vpritlg Road, .Vtdte 3. Carlisle. Pennsylvania 170l$-$222
THIS AGREEMENT, made and entered into this'lq d~av o£Noveraber. 2003 by aod betxxeen
WILLIAM VON 1DERSTEIN AND SAgA L. VON 1DERSTEIN, adult indiviuals, of 17 Laurel Oak Drive,
Boiling Spnngs. PA 17007 parties of tile first part (hereinafter called Owner),
AND
CDS CONSTRUCTION AND D.I~ MIuNNICH CONSTRUCTION, ,,qth its principal offices located at 1208
Mi~mich Drive. Mechanicsburg. PA 17055, party of the second part (hereinalier called Contractor)
WHEREAS, the said parties have by a dui3 executed written construction agreements ander seal. both dated October
18. 2003. for construction and improvenlents to property located at Lot I 1 Misty Meadoxxs. Sonth Middleton Tovmship,
Curaberhrad Colrat3. Perals?`b,'ania as set tbrlh ill Deed Book . Page __, and as raore particularly described in
the attached Exhibit A.
NOW THIS AGREEMENT WITNESSETH: That tile Contractor tbr and iu coosideration of the contract
u/bresaid aud the cousideration raentioned thereunder, as well as the fi~rthcr consideration of One ($ I 00) Dollar to him in lmnd
paid bt, thc Oxxner at or betbre the sealing and deliver?`' of these presents, the receipt whereof is hereb?` acknowledged, does
hereb3 covenant, proraiso and agree that ilo raechanics' lien or claim or other lien or claira of any kind x',hatsoever shall be liled
or maintained against file said building or buildings or the cnrtilage or cnrtilages appurtenant thereto, b5 Contractor or by ail?,'
sub-contractor, raater/ahllen or laborers /hr xxork done or nlaterials th]mished under said conlract or b~. gin5' other part?, acting
tllroogh or trader them or an?, of thera lbr and about said building or buildings or ail?,' part thcrcot} or on credit thereof, and that
all sub-contractors~ materialraen, and laborers on said xxork shall look to and hold Contractor personall?, liable lbr all sub~
contracts, mater/als t'tmlishcd and ~xork and labor done. so that there shall not be any legal or la,,~,Iid claira of any kind
,e, hate,.er against OWller for an?` work done or labor or materials fui-rtishcd under said contract tbr and about the erection.
constlqtction and coraplctioll of said bllildings as ntbresaid, or ander any contract lbr extra v, ork. er v, ork sntlpleraental lhereto,
AND this Agrceraent ,,~,aivmg tile right of lien shall be an independent covenant and shall operate and be effeclive as
,,,,ell x;ith respect to ,aork done and raaterials t'tlrlliahed ander ail?, suppleraental contract lbr extra xxork in tile erect/on.
constraction and coraplclion of said building or buildings as to an?.' x,.ork and labor done and raaterials fitrnished trader lira
contract albresaid
AND. 01 order to give the Ox;ncr thll power and attthority to protect hiraselfand thc lot or lots of grorald against an?`'
and all clairas liled b5 the Contractor or anyone acting under or tl~ough him or it ra violation of the lbregoing mvenant, the
said Contractor Ibr hirasel~ theraselves, itsell~ hereb5 i~c~cably authorizes and enlpoxxers an3 Attome5 of any Coa~ of
COlrallOIl Pleas of tile Conullomxealth of Pcnns3 Nania. to appear/hr hira. tllelll, it. or all} o~'theln, in all} ()f lhe said CralNS of
Conmmn Pleas as Atton!ey tbr him. them or it and in his, their, its, name, mark satisfied of record at the cost and expense of
the Con/rector or of any Sub-Contractor or Materialman, or Material men, any and all claims or claim, lien or liens, filed by or
for the Contractor. or any Snb-Cantractor or Material man, or in his or their name against said building or buildings, lot or lots
uf grouud or any part thereof and tbr such act or acts this shall be good and sufficient warrant and authority, and a reference to
thc Conrt, Term and Nnather in which aud where this Agreement shall have been filed shall be a sufficient exhibit of the
Authority herein coutamed to warrant such actiou, and the Contractor for lfimself, themselves, itself, do hereby remise, release
and quit-clahn all rights and all maturer of errors, detbcts nad imperfections whatsoever in enterkng such satislhction or in any-
~xise roaching or concerning file sanle.
IN WITNESS WHEREOF, the said parries have hereunto set their hands and seals dated the day and year first
above xxritten.
ATTEST:
CDS CONSTRUCTION
By: C~SHAB~
"Contractor"
D.L MI~NICH CONSTRUCT/ON
(SEAL)
"Contractor"
2
"EXHIBIT A"
ALL that certmn tract of land situate in South Middleton To~ship; Cumberland County,
Peansylvania, bounded and described in accordance with a Final Subdivision, Phase II, Mist).. Meadows?
dated January 24, 2003, last Revised April 16, 2003, prepared by Advantage Engineer Serviees~. Inc.. and
recorded July 8, 2003~in the Office of the Recorder of Deeds, in and for Cumberland Count3.', in Plan Book
87, Page 65, as follows to wit:
BEGINNING at a point along the northern right-of-way of 50 foot ~vide East CreameD' Road at
· the dividing line between Lot #10 and Lot #11 on the heremabove referenced plan; thence along said
dividing line North 02 degrees 41 minutes 11 seconds East 95.00 feet to a point along line of lands now or
formerly of William F. Mentzer et al; thence along said line of lands now or formerly or Mentzer et al,
South 87 degrees 18 minutes 49 seconds Eas~ 278.67 feet to a point being a proposed monument at lands
now or formerly of Raymond E. and Genevieve A. Diehl and lands now or formerly of George F. Dixon, Jr.
QTIP Trust, South 39 degrees 56 minutes 20 seconds West 211.12 feet to a point; thence along the
southern right-of-way ora 30 foot ~vide utility easement at the dividing line be~veen Lot #I 1 and Lot #12
on the hereinabove referenced plan; thence along said dividing line North 82 degrees 12 minutes 28 seconds
West 91.44 feet to a point; tl/ence along the northern right-of-way of 50 foot wide East CreameR' Road by
a curve to the let~ having a radius of 60.00 feet to a distance of99.16 feet to a point, the point and place of
BEGINNING.
BEING Lot No. 11 of the Plan of Lots known as Misty Meadows - Phase II, and
containing 33,113.14 square feet.