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HomeMy WebLinkAbout08-3638 HENRY W. BROADS AND CHARLEY ANN BROADS, Property Owner sty aot~ Comer IN TIC COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 08 - ~8 M~ STIPULATION AGAINST LIENS THIS A is made this ~~ day of June, 2008, between HENRY W. BROADS and CHARLEY ANN BROADS, 'husband a~ wife (collectively, the "Property Ownea") and ~1 t7oN1H0[t ("Comractoz"). WHEREAS, Property Owner owns real estate and improvem~rts thereon in certain premises located at 814 .Mc~Carnz'rek Road, Mec~aaicsbwrg, Gtimabarlaad County, Pennsylvania, more particularly described in Exhibit "A" attached hero sad incorporated herein by refer+dtce (the "Premises"), and WHEREAS, on ~ 2008, the Property Owner sad the Contracfior entered into that certain Construczi Agreement (the "Contrast") plasuant to which the Coatracbar contracted for the construction and completion of certain improvements, all in accor~danoe with the Contract (the "Improvements") on the Promises; and WHEREAS, the Contract price is 1:ess t2~an ($1,000,000.00 ); and WFI~.tEAS, no authorrzatioa has yet been given by the Property Owner to the Contractor to commence its work or pturbase materials for same; sad WHEREAS, no work by the Contractor a arty of its subcontractors, matenalmen or ~~sa laborers has commea~ced on the Premises and no materials have bcea pwchased by the Cdr, its subcontractors, materialmen or laborers, sndlor have been delivered to the Premises; and VVI3ERBAS, the Contractor has agreed, p~usuant to the teams of the Contract, that no mechanics claims or lierss shall be entered aadlor filed against the Premises or any part therea£ NOW THIS AGREHIVIENT WITNESSETH: That Contractor f~ and in consideration of the awarding to him by Property Owner of said Contract as aforesaid, as well as the futrtb~ consideration of One (51.00) Dollar to it paid at or before the enseaiing sad delivery of these presents, the receipt whereof is hereby adrnowledged, does hereby caavenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed against the Prmaises or any part by Contractor or by any subcontractor, materialmen or laborers for work done or materials furnished under said Contract for sad about ttre Premises or any part thereof, or on credal thereof and that all subcontractors, nia~~arialmen, and laborers on ~,~~ , said work shall look to and hold Comractor personally liable for all sulrcos, materials fiunished and work ~ labor dorms, so that there shall not be any legal or lawful claim of any kind whatsoever against Landowner for any work done or labor, or materials furnished under said Contract or under any contrails for extra work, or for work supplemental thereto, or otherwise. AND, in order to give the Property Owner full power and authority to protect themselves and tine Premises against any and all claims filed by the Contractor or anyosar acting under or through him is violation of the foregoing covenant, the said Contractor for himself and all of his subcornrailors, materialmen and laborers, hereby irrevocably authorizes arm empowers any Attor~y of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for him or them in any of the said Courts of Common Pleas as Attorney for him or them and in his or their names and mark satisfied of record at the cost and expense of the Contractor or of any subcontractor, or materialmen or laborers, any and all claim or claims, lien or liens, filed by or for the Contractor, or any subcorrtsactor, materialmen or laborer, or in his or their name, against said Premises or any part thereof and for such act or acts this shall be good and sufficie~ warrant and authority, and a reference to the Court, Term a~ Number in which and where this Agreement shall have been Sled shall be a sufficient eaditbit of the authority herein coirtained to warrant such action, and the Contractor for himself and all others does hereby remise, release and quit-claim all rights and all manner of earors, defects and impious whatsoever in entering such satisfaction or is anywise touching or cotx~eming the same. This Waiver of Liens agreement shall be an independent covenant and shall operate anti be effective irrespective of the Property Owner's performance under the Contrail. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Signed, Sealed and Delivered in the presence of ~~ AS T'O CO CTOR: By= Name: Title: timer -2- w STATE OF (Y1 A,~ u ~ ) SS: COUNTY OF } On this, the ~ lD day of June, 2008, before me, the undersigned officer, personally appeared Henry W. Rhoads, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein oornained. IN WITNESS WHEREOF, I hereunto set my >i~fid,/and official seal. Notary Public j~ My Commission Expires: /~- ~'! o`~~a~uuan~u'anli .~~: '~ ' •.y: ' A R Y:~- ~O;NpT G= PUBS-~ ~. '. .. • '~ ~7J~. f~ STATE OF (Y1 A ~ 1.j ~ ) SS: COUNTY OF Q1~BEEtilAt~ ) On this, the ~ day of June, 2008, before me, the undersigned officer, personally appeared Charley Ann Rhoads, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my Notary Public My Commission Expires: ~~- 7 - ~~ ~~Qy. ... , No~,~, O: p7ARYy~- a~~N s ®.+•~'- ~s ~PU~~-OCi' .~ •..~r.+ COMMONR~EALTH OF PENNSYLVANIA. COUNTY OF SS: Oa this, the day of Iuney 2008, before me, the undersigned officer, personally appeared Blia~n who acknowledged himself to be the Owner of St>Iae~m cbnnor (dorri~etolr) ,and that he, in such capacity, being authorised to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the SYiawn Doter by himself in such capacity. IN WiTNES5 WHEREOF, I hereunto set my hand ' l seal. Notary Public My Commission Expires: Q'- ~,t~- / J {SEAL) COMMONWEALTH OF PENNSYLVANIA Nohitial Seal TahiEla Brov~rr, Notary Public City Of Harrisburg, I~au~ohin ~, My Commissicx~ E~ires Sept. 24, 2011 Memker. Pennsylvania AsSxiatson of Notaries EXHIBIT A . -___. Premises ALL THAT CERTAIN parcel or tract of land with L•he buildings and improvements thereon, situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of a public road leading from Bowmansdale to LantL ~ Mill and ai; the Eastern line of land now o r fo rnze rly Oi I~Sis ~ : utli Langdon; thence along the center of said road and along other lands now or formerly of Margaret Ogilvie McCormick, South 77 degrees 15 minutes East 748.80 feet to a point;thence by the same North 60 degrees 30 minutes East 104.50 feet to a point; ~:~.ence by the same North 35 degrees East 195. 10 feet to a point; thence by the same North 5b degrees 15 minutes East 88 feet to a point; thence by the same North 85 degrees 30 minutes East 126.70 feet to a spike being in the center of said public road; thence South 6 degrees 36 minutes East 228. 85 feet to a point; thence North 85 degrees 30 minutes East 86. 11 feet to a stake; thence South 3 degrees 43 minutes West 374.20 feet to the center of the Yellow Breeches Creek; thence up said creek North 77 degrees 25 minutes West 562.77 feet l'o a point; thence by the same North 69 degrees 36 minutes West 762.39 feet to a point in the center of said yellow Breeches Creek at the line of lands now or formerly of Miss Ruth Langdon; thence along said land North 23 degrees 30 minutes East 110 feet to a point in the center of the aforementioned public road and the place of BEGINNING. ~ ~ 9, g, ~ 0 ©.C. $ p C ~¢ V' r r `~$~= Y: 7 ~y k ,t~ ~_ %, ~' -.: ~_.: :, '~' Z: ...- ~~ ~~ . > f ,,~ ~' ~ l e. ..,~• ; ~- r r-.7 '..~ ..•-