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HomeMy WebLinkAbout08-5347 John D. ULsh and Tonia L. UlshJohn D. IN THE COURT OF COMMON PLEAS Ulsh and Tonia L. Ulsh, CUMBERLAND COUNTY, PENNSYLVANIA Owners AND David W. Ketner, d/b/a Ketner EnterprisesDavid W. Ketner, d/b/a Ketner Enterprises, a Pennsylvania Corporation, Contractor NO. ~~ 'S.3 y 7 ~(•b STIPULATION AGAINST LIENS WHEREAS, John D. Ulsh and Tonia L. Ulsh ("Owner"), the Owner of the real estate described herein has executed a Contract dated with David W. Ketner, d/b/a Ketner Enterprises ("Contractor"), whose principal place of business is located at 633 Mount Rock Road, Carlisle, PA 17015-7423 for the construction of certain improvements to said real estate situate at 109 Fairway Drive, West Pennsboro Township, Cumberland County, Pennsylvania as more particulazly bounded and described on Exhibit "A", attached hereto and made a part hereof; and ~: .~• NOW, THEREFORE, this ~~ day of SroT , 2008, before any authority had been given by Owner to Contractor to commence work on said premises or purchase materials for same, in consideration of making of the above-described Contract between Owner and Contractor, and in further consideration of One ($1.00) Dollar paid to Contractor by Owner, the receipt whereof is hereby acknowledged and intending to be legally bound hereby, it is agreed that no liens or claims shall be filed or maintained against the Owner's facilities and the land described herein or any interest of Owner therein by the Contractor or any of its subcontractors, or by any of the materialmen or workmen, or any other person acting through or under them, for or on account of any labor or materials purchased, or extra labor or materials purchased for, towards, in or-abut the erection, construction, design and improvement of said facilities, under said contract or otherwise, the right to have, file and maintain -such liens or claims against the facilities and the land described herein, being hereby expressly waived by the Contractor for itself, its subcontractors, all materialmen, or workmen and other acting through or under them. IN ORDER to give the Owner full power and authority to protect Owner and the building and improvements located on the Premises against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the foregoing covenants, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for Contractor in the Court of Common Pleas of Cumberland County for Contractor and, in Contractor's name, mark satisfied of record, at the cost and expense of the Contractor, or of any subeontractor or materialman, any or in anywise touching or concerning the same. > _,. IN WITNESS WHEREOF, each of the parties, by their duly authorized representatives, have hereunto executed the Stipulation Against Liens this ~` day of ~, 2008. OWNER: Dated: ~"Jr` ~ g ~ JO . ULSH OWNER: Dated: ~ 5- o $` ` TONIA L. SH CONTRACTOR: David W. Ketner, d/b/a Ketner Enterprises Dated: 9 - `7~' ~ ~ By: w `--~~ Title: Ocv,.~r~~- EXHIBIT "A" PARCEL NO. 46-08-0583-122 .ALL THAT CERTAIN lot situate in West Pennsboro Township, Cumberland County, Pennsylvania, as will more fully appeaz on the hereinafter mentioned plan of lots, bounded and described as follows, to wit: BEGINNING at a point in line of lands of Cumberland Golf Club, Inc., at the northwest comer of Lot No. 4, said point being 652.41 feet North 29 degrees 33 minutes 40 seconds West of the center line of Governor Ritner Highway (U.S. Route 1 i; L.R. 890); thence North 29 degrees 33 minutes 40 seconds West, 150.54 feet along lands now or formerly of Cumberland Golf Club, Inc., to a point; thence along Lot No. 6 North 55 degrees 35 minutes 00 seconds East, 281.51 feet to a point on the Westerly line of Fairway Drive; thence South 34 degrees 25 minutes 00 seconds East, 150.00 feet along Fairway Drive to a point; thence South 55 degrees 35 minutes 00 seconds West, 294.25 feet along Lot No. 4 in the hereinafter mentioned Plan of Lots to a point, the place of BEGINNING. BEING Lot No. 5 in a plan of lots known as Fairway Acres, which will fully appeaz in Plan Book 55, Page 94, as recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania. CONTAINING 43,18 i .80 square feet, more or less. BEING the same premises which John D. Ulsh and Tonia Y. Ulsh, husband and wife, by Deed dated Apri125, 2001 and recorded April 30, 2001 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 243, Page 621, granted and conveyed unto John D. Ulsh and Tonia Y. Ulsh, husband and wife. ~elS 1-. _ 4 F ,, c ~ r y ~' ~~ r =~ cn c.~ ~, ~ o^ i ~ ~ ~ ~ t ~Y{ O ~ t ~ \ ~~ '\ 4!/'••'~ }~ y 1'.v ~9-~ u