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HomeMy WebLinkAbout09-7764VW 11 No. 0?- -77&? ?-4Lb STIPULATION AGAINST LIENS Law Offices SALZMANN HUGHES. PC 354 Alexander Spring Roars, Suite 1, Carlisle, Pennsylvania 17015-3222 THIS AGREEMENT, made and entered into this W tof November, 2009 by and between HOFFMAN'S CUSTOM CONTRACTING, INC., of Cumberland County, of the Commonwealth cor4ftl b- of Pennsyvlania, party of the first part (hereinafter called Ovmw), AND VALERIAN F. WELICKA AND SUSAN S. WELICKA, of Woodbridge, of the State of b Virginia, party of the second part (hereinafter called Gea )). 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 31 Chelsea Lane, Carlisle, Dickinson 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- 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. written. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above WITNESSES PRESENT: ? ", (7 A aTj":F: W f" r-ss By: (SEAL) Valerian F. Welicka c (SEAL) By: L 6? I& Stfsan S. Welicka Hoffman's Custom Contracting, Inc. By: _ (SEAL) Timothy D. offman "Contractor" 2 f f SCHEDULE A LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan of Kings Gap Estates recorded on April 10, 1992, in the hereinafter named Recorder's Office in Plan Book 64, Page 48, etc., as follows: BEGINNING at a point on the southern line of 60 feet wide Chelsea Lane at the dividing line between Lots Nos. 18 and 19; thence along said southern line of 60 feet wide Chelsea Lane, by a curve to the left an arc distance of 40.00 feet to a point; thence still along the said southern line of 60 feet wide Chelsea Lane, South 81 degrees 00 minutes 45 seconds East a distance of 119.76 feet to a point at the dividing line between Lots Nos. 19 and 20; thence along said dividing line between said Lots Nos. 19 and 20, South 27 degrees 52 minutes 02 seconds West; a distance of 338.30 feet to a point in line of land now or formerly of Pennsylvania Department of Environmental Resources; thence along line of said land now or formerly of Pennsylvania Department of Environmental Resources, North 81 degrees 00 minutes 45 seconds West, a distance of 289.23 feet to a point at the dividing line between said Lots Nos. 18 and 19; thence along said dividing line between said Lots Nos. 18 and 19, North 45 degrees 29 minutes 44 seconds East a distance of 402.45 feet to a point on the southern line of 60 feet wide Chelsea Lane at the place of BEGINNING. dF? ?v- Til fly 2 ? `v i - iii 2[09 Cl,", .i V t ?: L?rtr V . 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