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HomeMy WebLinkAbout04-1367STIPULATION AGAINST LIENS OWNER: Lester D. Babil and Joyce A. Babil CONTRACTOR: Steve Kemper Builder, Inc. THIS AGREEMENT made the (~'~ '¥~ day of between Steve Kemper Builder, Inc. of 2554 Ironville Pike, Columbia, PA 17512 hereinafter referred to as Contractor A N D Lester D. Babil and Joyce A. Babil of 6 Golf Course Road, Dillsburg, PA 17019, hereinafter referred to as Owners. WHEREAS, Contractor has entered into an agreement with Owners to erect and construct a building on that certain lot of ground situate on 631 Mountain Street, Lot No. 6, Enola, PA 17025. NOW THEREFORE THIS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of One ($1.00) Dollar in hand paid to it by Owners, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for itself and its subcontractors, and all parties acting through or under it or them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by it or any of them against the said improvements and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by it or any of them under said contract or otherwise, for, towards, in or about the erected and construction of the said improvements on the lot above described, and the said Contractor, for itself, its subcontractors and others under it hereby expressly waives and relinquishes the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of the improvements, and agrees that this instrument, waiving the right of lien, shall be an independent covenant. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first above written. CONTRACTOR: Steve Keml~r, l~resident ~ESS: OWNERS: Lester D. Babil COMMONWEALTH OF PENNSYLVANIA: : ss COUNTY OF ~'~ : On this, the ,~, day of (~ ,._~, ~. ,2004, before me, a Notary Public, the undersigned officer, personally appeared Lester D. Babil and Joyce A. Babil, husband and wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to this instrument and acknowledged that they have executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set i~land and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS: On this, the ~q~ day of ~9.~ , 2004 before me, the undersigned officer, personally appeared Steve Kemper, who acknowledged himself to be the president of Steve Kemper Builder, Inc., a corporation, and that he as such president, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as president. In witness whereof, I hereunto set my hand and~eal. NOTARIAL SEAL o~ry Rubhc . ~ LOWER PAXTON TWP., COUNTY Otc DAUPHIN My'commission expires ! i MY COMMISSION EXPIRES NOVEMBER 12, 2006 EXHIBIT "A" ALL that certain piece, parcel or lot of land designated as Lot 6 of a subdivision plan for H. Glenn Steager; situate on the east side of Mountain Street in East Pennsboro Township, Cumberland County, Pennsylvania; and being more fully bounded and described as follows: BEGINNING at a point on the easterly dedicated right-of-way line of Mountain Street at the westerly comer of Lot 5; thence along said right-of-way line N 43°15'31" W a distance of 100.88 feet to a point at the southerly comer of Lot 7; thence along said lot N 54°20'00'' E a distance of 140.34 feet to a point on the westerly line of Lot 3; thence along said lot S 43°15'31" E a distance of 100.88 feet to a point at the northerly comer of Lot 5; thence along said lot S 54°20'00'' W a distance of 140.33 feet to a point on the easterly dedicated right-of-way line of Mountain Street, the place of BEGINNING. CONTAINING 0.3222 acres and being Lot 6 of a subdivision plan for H. Glenn Steager; prepared by Dawood Engineering, Inc. and recorded in Cumberland County Recorder of Deeds Office in Subdivision Plan Book 87, page 57. BEING the same premises which H. Glenn Steager, single person, by deed dated March 29, 2004, and intended to be immediately recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Lester D. Babil and Joyce A. Babil, husband and wife.