HomeMy WebLinkAbout09-4423.9
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STIPULATION AGAINST LIENS
Law Offices
SALZMANN HUGHES, PC
354 Alexander Spring Road, Suite 1, Carlisle, Pennsylvania 17015-3222
THIS AGREEMENT, made and entered into thisAday of June, 2009 by and between
CARLISLE HOUSING OPPORTUNITIES CORPORATION, of Cumberland County, of the
Commonwealth of Pennsyvlania, party of the first part (hereinafter called Owner),
AND
HARVEY LANDIS HOME BUILDING AND REMODELING, 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 46 North East Street, Carlisle Borough,
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-
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:
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ATTEST:
CARLISLE HOUSING OPPORTUNITIES CORPORATION
By: (SEAL)
HARVEY LANDIS HOME BUILDING AND REMODELING
By:' (SEAL)
HARVEY LANDIS
"Contractor"
2
EXHIBIT "A"
LEGAL DESCRIPTION
46 NORTH EAST STREET, PENNSYLVANIA
ALL THAT CERTAIN tract of land situate in the First Ward of the Borough of
Carlisle, Cumberland County, Pennsylvania, bounded and described in accordance with a
survey made by Thomas A. Neff, R.S., on April 10, 1979, as follows, to wit:
BEGINNING at a point on the western line of 60 feet wide North East Street in
the center line of 3 feet wide private alleyway between properties Nos. 46 and 48 North
East Street, said line also coinciding with the center line of the partition wall on the
second floor level between the two and one-half story dwellings known as Nos. 46 and 48
North East Street, which point at the place of beginning is 123.50 feet South of the
southern line of 60 feet wide East Louther Street measured along the western line of said
60 feet wide North East Street; thence from said nail at the place Df beginning along the
western line of said 60 feet wide North East Street South 18 degrees 10 minutes West a
distance of 17.40 feet to a quarter-inch drill hole in the center line of the partition wall
between properties Nos. 44 and 46 North East Street; thence through the center of said
partition wall between properties Nos. 44 and 46 North East Street and beyond, North 71
degrees 50 minutes West, a distance of 85.67 feet to a post on the eastern line of a 15 feet
wide private alley; thence along the eastern side of 15 feet wide private alley, North 18
degrees 10 minutes East, distance of 17.40 feet to a post at corner of lands now or
formerly of Andrew Thalhofer; thence along said land now or formerly of Andrew
Thalhofer, and passing through the center line of a 3 feet wide private alleyway between
properties Nos. 46 and 48 North East Street, said line also coinciding with the center line
of the partition wall on the second floor level between the two and one-half story
dwelling houses known as Nos. 46 and 48 North East Street, South 71 degrees 50
minutes East, a distance of 85.67 feet to a nail on the western line of 60 feet wide North
East Street, the place of BEGINNING.
FILED-4-1. rFfCE
OF TH
2099 JUL -2 AM 11: 24
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