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HomeMy WebLinkAbout09-8895 o. 69 - m 5- M LD STIPULATION AGAINST LIENS Law Offices SALZMANN HUGHES. PC 354 Alexander Spring Roan Suite 1, Carlisle, Pennsylvania 17015-3222 THIS AGREEMENT, made and entered into thisp?3raay`of December, 2009 by and between WOLF BUILDERS, INC., of Cumberland County, of the Commonwealth of Pennsyvlania, party of the first part (hereinafter called AND SCOTT M. BECHTOLD AND KARA K. BECHTOLD, of Newville, Pennsylvania, party of the 0 U-)rw - second part (hereinafter called evffflwtmr 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 2 Middle Road, Newville, Lower Mifflen 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- s 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: ? J1 n a,r?1 ATTEST: ti S. UU, By: ? (SEAL) Scott Ni. Bechtold By; (SEAL) Kara K. Bechtold Wolfe Builders, Inc. By; ?? e, N ??_ (SEAL) Gary WolV, "Contractor" 2 4 EXHIBIT "A" LEGAL DESCRIPTION LOT 2 MIDDLE ROAD, LOWER MIFFLIN TOWNSHIP, PENNSYLVANIA ALL THAT CERTAIN lot or tract of land situate in the Township of Lower Mifflin, County of Cumberland, Commonwealth of Pennsylvania, designated as Lot 2 as shown on the Final Subdivision Plan for Nate R. Gutshall and Carrie J. Gutshal, prepared by Eric L. Diffenbaugh, Professional Land Surveyor, dated September 15, 2008, revised October 31, 2008, which plan has been approved by the appropriate municipal authorities as a final Subdivision Plan and which is recorded in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania at Instrument Number 200914263, and is bounded and described as follows: BEGINNING at an existing parker kalon nail along the centerline of Middle Road (T-402) at the line of lands now or formerly of Jeffrey E. Garman; thence along said line of lands now or formerly of Jeffrey E. Garman, North 38 degrees 30 minutes 00 seconds East 486.00 feet to an existing iron pin; thence along line of lands now or formerly of Clifford L. Hawbaker, South 73 degrees 32 minutes 14 seconds East 427.93 feet to a set iron pin; thence along the dividing line between the herein described lot and Lot 1 (Residual), South 23 degrees 21 minutes 07 seconds West 614.22 feet to a set railroad spike; thence along the centerline of Middle Road (T-402) and line of lands now or formerly of Stephen L. Wiser, North 66 degrees 38 minutes 54 seconds West 29.57 feet to an existing railroad spike; thence continuing along the centerline of Middle Road (T-402) and line of land now or formerly of Great War Associates, Inc., North 66 degrees 38 minutes 54 seconds West 82.43 feet to an existing parker kalon nail; thence continuing along the same by a curve to the right having a radius of 738.32 feet, an arc length of 198.79 feet and a chord bearing North 58 degrees 56 minutes 06 seconds West, a chord length of 198.20 feet to an existing parker kalon nail; thence continuing along the same, North 51 degrees 13 minutes 18 seconds West 252.53 feet to an existing parker kalon nail, the point and place of BEGINNING. liC 2CC9 DEC 29 Pi' 2: J C $ Xl A) p of ct , `ct1 ? ?e,.1 2?/4/e S LTI -*kC4 JCS/??r-L S 4-AF X35 -1) 0