HomeMy WebLinkAbout08-4986
STIPULATION AGAINST LIENS
Law Offices
SALZMANN Hi1GHESR PC
354 Alexander Spring Roam Suite 1, Carlisle, Pennsylvania 17015-3222
THIS AGREEMENT, made and entered into this ~`'I'~day of August, 2008 by and between
Michael A. Meredith and Anita M. Meredith, of the Commonwealth of Pennsyvlania, party of the
first part (hereinafter called Owner),
AND
Joseph K. Warner Construction, of the Commonwealth of Pennsyvlania, party of the second part
(hereinafter called Contractor).
WHEREAS, the said parties have by a duly executed written construction agreement under seal dated prior to
execution hereof, for construction and improvements to property located Lot 14, Michael Manor, Boiling Springs, PA
17007, South Middleton Township, Cumberland County, Pennsylvania.
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 cartilage or cartilages appurtenant thereto or by any sub-contractor, materialmen 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 sub-contractors, materialmen,
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 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 any subcontractor or anyone acting under or through him or it in violation of the foregoing covenant, the
said Subcontractor 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
any Sub-Contractor or Materialman, or Material men, any and all claims or claim, lien or liens, filed by or for the any Sub-
Contractor or Material man, 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 Subcontractor for himself, themselves, itself, do hereby remise, release and quit-claim all rights and all
manner of errors, defects and imperfections whatsoever in entering such satisfaction or in any- wise touching or concerning the
same.
written.
IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above
WITNESSES PRESENT:
ATTEST:
BY~ (SEAL)
Mic ael A. Meredith
BY~ ' "~ ' (SEAL)
Anita M. Meredith
Joseph K. Warner Construction
By: i ~ ` ~~ (SEAL)
Jos K. Warner
"Contractor"
2
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LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land and premises, situate,. lying and being in the Township of South
Middleton, County of Cumberland, and Commonwealth of Pennsylvania, more particularly described a follows:
BEGINNING at a point in the center Hne of Park Drive (t_R 21008) said point being the southeast corner.of Lot #5
of the Subdivision Plan for~Michael Manor II as recorded in Cumberland County -Plan Book 50, Page 54; thence.
along the dividing line between Lot 14 herein conveyed and Lots 3, 4 and 5 as recorded in Cumberland County
-Plan Book 50, Page 54 aforesaid North 26 degrees 50 minutes OO seconds West 305.36 feet to a point; thence
along the dividing line between Lot 14 herein conveyed and Lots 2 and 3 as recorded Cumberland County Plan ~~
Book 50; Page 54 aforesaid North 28 degrees 15 minutes 00 seconds West 346.85 feet to a point; thence along
the dividing tine between Lot 14 herein conveyed and Lot 21 as recorded in Cumberland County Plan Book 48;
Page 63 North 51 degrees 29 minutes 23 seconds East 300.00 feet to a point; thence along' the dividing line
between Lot 1 and Lot 14 of the hereinafter mentioned, Subdivision Plan South 26 degrees 43 minutes 57
seconds East 616.54 feet to a point in the centerline of Park Drive; thence along said centerline South 44 degrees
26 minutes 49 seconds West 300.00 feet to a-point, the Place of BEGINNING.
CONTAINING 3.9779 acres exclusive of dedicated right of way.
BEING further described as Lot No. 14 on the Subdivision Plan for Michael Manor II Plan No. 3 prepared by
Stephen C. Fisher, R.S. and recorded in Cumberland County Plan Book 56, Page 84.
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