HomeMy WebLinkAbout09-6557NMLP
STIPULATION AGAINST LIENS
Law Offices
SALZMANN HUGHES. PC
354 Alexander Spring Road, Suite ],Carlisle, Pennsylvania 17015-3222
THIS AGREEMENT, made and entered into thistJl`/day of September, 2009 by and between
ROLAND BUILDER, INC., of Cumberland County, of the Commonwealth of Pennsyvlania, party of the
first part (hereinafter called Owner),
AND
RICHARD LEE ROBINSON AND JUDITH ANNE ROBINSON, 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 14 Pennway Drive, Graystone Acres, West
Pennsboro Newton 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 of 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, Tenn 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:
CY,
By; (SEAL)
R HARD LEE ROBINSON
By SEAL)
JUD H ANNE ROBINSON
ROLAND BUILDER, INC.
By:Ilez?? (SEAL)
W. LEE ROLAND
"Contractor"
2
SCHEDULE A
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County,
Pennsylvania, bounded and described in accordance with Final Subdivision Plan for Greystone Acres
consisting of nine (9) sheets prepared by Louis J. Harford, Registered Surveyor, dated June 14, 1996, a
copy of which was recorded in the hereinafter named Recorder's Office in Plan Book 72, Page 70, which
Plan is incorporated herein by reference, as follows:
BEGINNING at a point on the northern line of 50 feet wide Pennway Drive at the dividing line,
between Lots Nos. 13 and 14; thence from said point at the Place of Beginning along said northern line
of 50 feet wide Pennway Drive, by a curve to the left an arc distance of 36.94 feet to a point; thence still
along said northern line of 50 feet wide Pennway Drive, North 77 degrees 15 minutes 13 seconds West,
a distance of 205.68 feet to a point at the dividing line between Lots Nos. 14 and 15; thence along said
dividing line between said Lots Nos. 14 and 15, North 12 degrees 44 minutes 48 seconds East, a
distance of 359.11 feet to a point in line of land now or formerly of Mary S. Kramer, et al; thence along
line of said land now or formerly of Mary S. Kramer, et al., South 77 degrees 15 minutes 13 seconds'
East, a distance of 242.60 feet to a point at the dividing line between said Lots Nos. 13 and 14; thence
along said dividing line between said Lots Nos. 13 and 14, South 12 degrees.44 minutes 48 seconds
West, a distance of 360.07 feet to a point on the northern line of 50 feet wide Pennway Drive at the Place
of BEGINNING.
THE ABOVE-described lot of land is all of Lot No. 14 as shown on said Final Subdivision Plan
for Greystone Acres, recorded in Plan Book 72, Page 70, and contains an area of 2.00 acres, more or less.
THE ABOVE-described Lot No. 14 is a subject to a 20 feet wide drainage easement, the center
line of which is parallel to and 20 feet West of the dividing line between said Lots Nos. 13 and 14 as
shown on said plan
ca ClAwmaw
2M! OCT -1 011:52
a, Ph- 2, ?vr?es ??c
ck a O6 G
,2,t,)-31 309