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Home My WebLink About08-7559 STIPULATION AGAINST LIENS Law o~'tces SALZMANN AUGAES. PC 334 Alexander Spring Road, Suite 1, Carlisle, Pennsylvania 17013-3222 THIS AGREEMENT, made and entered into thisZ"y day of December, 2008 by and between ~'~ - ass r ~~ ~ Derek A. Takara and Gail S. McKnight Takara, of 53 Honeysuckle Drive, Mechanicsburg, of the Commonwealth of Pennsyvlania, party of the first part (hereinafter called Owner), AND Yanek Custom ~OmeS~ InC., of 8 South Ridge Road, Boiling Springs, 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 6A, Park Place, Meadows on the Breeches, M~hanicsburg, Monroe 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 curtilage or curtilages 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 al] 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, mazk 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. lIN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above written. WITNESSES PRESENT: ATTEST: Yanek Custom Homes, Inc. lay: ~) Steve J. Ya "Contractor" 2 COMMITMENT FOR TITLE INSURANCE SCHEDULE A (continued) File No. S100-864 LEGAL DESCRIPTION Commitment No. 5100-864 ALL THAT CERTAIN parcel of land situate in Monroe Township, Cumberland County, Pennsylvania and known as Lot No. 6A, on a Final Subdivision Plan of Meadows on the Breeches, bounded and described as follows, to wit: BEGINNING along said eastern dedicated right-of-way line of Park Place for the following three courses and distances: thence by a bearing of North 12 degrees 46 minutes 04 seconds East for a distance of 124.b2 feet to a rebar; thence by a bearing of North 11 degrees 24 minutes 29 seconds East for a distance of 55.17 feet to a rebar; thence by a bearing of North 12 degrees 30 minutes 59 seconds East for a distance of 19.88 feet to a rebar, said rebar being on said eastern dedicated right-of--way line of Park Place at the southwest corner of land now or formerly owned by Jimmy R. Hamilton (Deed Book 270, Page 2873) (Plan Book 90, Page, 129, Lot No. 5); thence along said Hamilton land by a bearing of South 77 degrees 29 minutes O1 seconds East for a distance of 587.72 feet to a rebar, said rebar being the southeast corner of said Hamilton land and along land now or formerly by Donald E. and Marian R. Deckman (Deed Book 175, Page 62); thence along said Deckman land by a bearing of South 06 degrees 58 minutes 40 seconds West for a distance of 203.28 feet to a concrete monument, said concrete monument being along said Deckman land and at the northeast comer of Lot No. 6B on above referenced Final Subdivision Plan; thence along said Lot No. 6B by a bearing of North 77 degrees 13 minutes 56 seconds West for a distance of 606.83 feet to a concrete monument, said concrete monument being the point and Place of BEGINNING. CONTAINING 119,959.38 square feet or 2.7539 acres, and being Lot No. 6A, in accordance with a fmal subdivision plan of Meadows on the Breeches -Lot No. 6, with a date of January 5, 2007, prepared for Hang H. Fox, Jr.; 600 Cold Springs Road, Dillsburg, Pennsylvania, by Lyons Surveying LLC. Of 30 Wester Lau Drive, Dillsburg, Pennsylvania, 17019, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 93, Page 98. 3chedale A - Pa~c 2 of 2 File ~!: S 100-864 - PA Real Fstabe Settlement Services, LI.C ALTA Commitment (6-17-06) - T1itBOP & STG modifications (4-1-07) ~~~w~~ ~~ "~ °'~ Q Y~ W V~ n .~`~. "'V, ~~ 3 r~ ~.~ r.;~ "' ~...J t'~ 6 41 ~,j ---t C7 ~~f~' ~y ~-;~,~ -t-a t: '`^ ~_ c .- _1 ~