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Home My WebLink About08-7558s STIPULATION AGAINST LIENS Law O,/Jices SALZMANN HUGHES. PC 354 Alexander Spring Roam Suite 1, Carlisle, Pennsylvania 17015-3222 THIS AGREEMENT, made and entered into this ~ Sday of December, 2008 by and between Jesse Lee Bear and Michelle Lee Bear, of Cumberland County, of the Commonwealth of Pennsyvlania, party of the first part (hereinafter called Owner), AND Jerry W. Sw&rtz, of Cumberland County, 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 6 of the Evelyn J. Ruegg Subdivision Plan, West Pennsboro 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- 12/31/2008 WED °: 21. EAX 7172497334 • Contractor o Material man, or in his or their name against sand building or buildings. lot or tots of ground or any part thetcof and for such act or acts this shall be good and suYfmian warrant and authority, and a reference to the Court. Tam and Number in which and where this Agreement shall have been filed shall be a sut'Fciart exhibit of the Authority herein contained to vrarrant such aGion, and the Subcontracwr for himself, d>crtrselves, itself, d0 hereby remise, release and quit-claim all rights and all man,~rr of nrorc, drfrrls and imnerfettionx whatsoever in entaYng such satisfaction or in any- wise touching or concerning the IN WITNESS WHEREOF, the said pattiee have ltereunEo set their hands and seals dated the day and year first above ~~zi!!en. WITNESSES PRESENT: ATTtrST: gy; (SEAL) Jesse Bear By: ~~~ a~_(SEAL) Michelle Lee Bear gy; - (SEAL) Jerry "Contracter" ~/ COMMITMENT FOR TTfLE INSURANCE SCHEDULE A (continued) File No. 5100-811 Commitment No. S100-811 LEGAL DESCRIPTION ALL THAT CERTAIN piece of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Final Subdivision Plan for Evelyn J. Ruegg, prepared by Madden Engineering Service, Inc., recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 94, Page 10, as follows: BEGINNING at a common point for Lots 4, 5 and 6 of the above mentioned plan; thence by the dividing line between Lots 5 and 6, South 12 degrees 11 minutes 44 seconds East 490.80 feet to a point; thence by lands now or formerly of Mark N. and Elizabeth K. Marin, South 69 degrees 00 minutes 00 seconds West 259.21 feet to a found'/<" rebar; thence by the same, South 10 degrees 15 minutes 00 seconds East 198.90 feet to a bent'/4" rebar; thence continuing by same, South SS degrees 15 minutes 00 seconds East 162.63 feet to a point; thence by lands now or formerly of Thomas R. and Sondra J. Morgan, South 10 degrees 15 minutes 00 seconds East 305.00 feet to a found 3/4" rebar; thence by lands now or formerly of Rachel Nickey Morganthaler Res. Trust, South 69 degrees 00 minutes 00 seconds West 305.27 feet to an iron pin (to be set); thence by lands now or formerly of Ann Peters, North 10 degrees 15 minutes 00 seconds West 1088.05 feet to a found 3/a" rebar; thence by the dividing line between Lots 3 and 6, then Lots 4 and 6, North 63 degrees 04 minutes 44 seconds East 441.47 feet to a point, the place of BEGINNING. Schedule A -Page 2 of 2 . File #: S-100-811 - PA Real Estate Settlement Services, LLC ALTA Commitment (6-17-06) - TIItBOP & STG modifications (4-1-07) ~~ ~~ e~b ~ ~ ~~ ~ ~ ~ '~ '~ `~. ~~ ~, [", ~a ii c-.-> r~ ~ . t~ ~ i ;~ ," ~ - -s~ - - _._ ,, r e: