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HomeMy WebLinkAbout10-0754NO, )a - -7 s'/ MI-D STIPULATION AGAINST LIER§ Ft6 w 1-? Law Offices SALZMANN HUGHES, PC " 354 Alexander Spring Road, Suite 1, Carlisle, Pennsylvania 17015-3222 THIS AGREEMENT, made and entered into this,?7 d y of January, 2010 by and between JEFFREY B. PERDUE AND PRISCILLA A. PERDUE, husband and wife, of Cumberland County, of Cumberland County, of the Commonwealth of Pennsyvlania, party of the first part (hereinafter called Owner), AND D CULLY, INC. t/d/b/a C & C CONSTRUCTION, of Perry County, Pennsylvania, 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 #1 Crossroad School Road, Carlsle, West Pennsboro 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 Pc* 237 0 31 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. WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above WITNESSES PRESENT: s By: (SEAL) Jeffrey . Perdue B r (SEAL) Priscilla A. Perdue ATTEST: D Cully, Inc. t/d/b/a C & C Construction By: (SEAL) Sean P. Cully, President "Contractor" 2 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. WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above WITNESSES PRESENT: By: (SEAL) Jeffrey B. Perdue By: (SEAL) Priscilla A. Perdue ATTEST- D Cully, Inc. t/d/b/a C & C Construction ` By: eS : rdc.rt ' (SEAL) Sean P. Cull ident "Contractor" 2 SCHEDULE A LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, situate in the Township of West Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point in the cartway of Crossroad School Road and on the line of lands now or formerly of Donald I. Myers; thence departing from said point traveling through the cartway the following two courses and distances: (1) North fifty-five (55) degrees forty-three (43) minutes thirty-three (33) seconds West, for a distance of one hundred thirty-five and fifty-seven hundredths (135.57) feet to a point in the cartway of Crossroad School Road; (2) North fifty-two (52) degrees fifty-four (54) minutes forty-three (43) seconds West, for a distance of sixty-four and four hundred eighty three thousands (64.483) feet to a point at the corner of Lot No. 2, thence departing from the cartway of said road and along Lot No. 2, passing in and through a point set on the dedicated right-of-way line of said road set twenty-six and seven hundred fifty-eight thousandths (26.758) feet from the origin of this call, North fifty-five (55) degrees twenty-three (23) minutes tee seconds East, for a total distance of four hundred sixty-five and six hundred seventy-five thousandths (465.675) feet to po0int on the line of Lot No. 5; thence along Lot No. 5 the following two courses and distances: (1) South forty-three (43) degrees twenty-one (21) minutes seventeen (17) seconds East, for a distance of twenty-two and zero,hundredths (22.00) feet; (2) South forty (40) degrees fourteen (14) minutes fifteen.(15) seconds East, for a distance of one hundred ninety-nine and eight- four hundredths .(199.84) feet. to a point on the line of Lot No. 6;. thence along Lot No. 6, South fifty-four (54) degrees twenty-six (26) minutes thirty-four (34) seconds West, for a distance of one hundred twenty-six and six hundred forty-seven thousandths (126.647) feet to a point at the comer of Lot No. 6 and lands now or formerly of Donald I. Myers; thence along lands now or formerly of Donald I. Myers passing in and through a point set on the dedicated right-of--way of Crossroad School Road set twenty-nine and one hundred two thousandths (29.102) feet from the terminus of this call, South sixty-two (62) degrees twelve (12) minutes three (03) seconds West, for a total distance of two hundred ninety-four and nine hundred eighty thousandths (294.980) feet to a point, said point being the place of BEGINNING.