HomeMy WebLinkAbout09-4094r s 1k
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STIPULATION AGAINST LIENS
Law Offices
SALZMANN HUGHES. PC
354 Alexander Spring Road, Suite 1, Carlisle, Pennsylvania 17015-3222
A.
THIS AGREEMENT, made and entered into this (,gay of June, 2009 by and between
BRENT D. GROUP, of Cumberland County, of the Commonwealth of Pennsyvlania, party of the first part
(hereinafter called Owner),
AND
NORM ELAM, 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
I xecut nn hereof, for construction and improvements to property located
k , "OA{1 ?,kw Csfi4es , 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 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 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-
0
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.
IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above
written.
WITNESSES PRESENT:
ATTEST:
By_ (SEAL) _;eg BRENT D. GROU
By: (SEAL)
NORM ELAM
"Contractor"
2
Cumberland County,
ALL that certain tract of land situate in South Middleton Township,
Pennsylvania, bounded described and 15, 1 96 and corded in the Office of the Recorder Statler-Brehm
ds for
Associates, Inc., dated October
Cumberland County in Plan Book 76 , Page 56.
BEGINNING at a point located at Lot No. 2 and the dividing line between Lot No. 3 and
Lot No. 4; thence along said dividing line between Lot No. 3 and Lot No. 4, South 34 degrees 01
minutes 48 seconds West 810.99 feet to a point; thence South 74 degrees 53 minutes 17 seconds
East 870.67 feet to a point located at Lot No. 23; thence along the dividing line between Lot No.
4 and Lots Nos. 23, 22, 21 and 20, North 18 degrees 18 minutes 04 seconds West 386.49 feet to a
point; thence along the dividing line between Lot No. 4 and Lot No. 19, North 09 degrees 33
minutes 45 seconds East 130.00 feet to a point; thence along the dividing line between Lot No. 4
and Lot Nos. 18 and 17, North 52 degrees 23 minutes 16 seconds East 279.51 feet to a point;
thence along the dividing line between Lot No. 4 and Lot No. 2, North 80 degrees 26 minutes 15
seconds West 250.00 feet to a point; thence continuing along the dividing line between Lot No. 4
and Lot No. 2, North 53 degrees 46 minutes 13 seconds West 324.59 feet to the point and place of
BEGINNING.
CONTAINING 9.7362 acres more or less and designated as Lot No. 4 on Plan of South
View Estates.
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