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HomeMy WebLinkAbout10-2020 10-2020 STIPULATION AGAINST LIENS _? Law Offices rs? SALZMANN HUGHES. PC 354 Alexander Spring Road, Suite 1, Carlisle, Pennsylvania 17015-3222 d b - j rtti etween THIS AGREEMENT, made and entered into this day of March, 2010 by an t` j land !dun JEFFREY S. SEIPLE AND LINDA J. SEIPLE, husband and wife, of cum/ of the Commonwealth of Pennsyvlania, party of the first part (hereinafter called Owner), AND D CULLY, IN.C T/DB/A C & C CONSTRUCTION, of 5745 Spring Road, Shennans Dale, PA 17090, 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 3 Stoney Knoll Lane, Lot #6 Kerrsville Road, 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 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- CI W 4 55 3 $a1'00 P6 by . p p, Real t.Vae Seker eat 5ef,viees , LL Rec.*_a39 a7/ 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: n AS cn o? N ATTEST: By; (SEAL) Jeffrey . Seigle By (SEAL) Lin J. Seiple D Cully, Inc. t/b/d/a C&C Construction By: (SEAL) Signed by: Sea ly, President "Contractor" 2 v -? SCHEDULE A LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, Lot No. 6 on the Final Subdivision Plan of Gerald P. Jones and Marjorie L. Jones, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 94, Page 49, the same being numbered as more particularly described as follows: BEGINNING at a point of the eastern right of way of Kerrsville Road (T326) of the aforementioned Plan, thence along the dividing lines between Lot No. 5 and Lot No. 6, North 56 degrees 37 minutes 55 seconds East 328.68 feet to a point; thence along the dividing line between Lot No. 6 and lands now or formerly of Jesse Myers and Brenda J. Myers, South 38 degrees 37 minutes 59 seconds East 29.00 feet to a point; thence continuing along the dividing line between Lot No. 6 and lands now or formerly of Jesse Myers and Brenda J. Myers, North 51 degrees 22 minutes 01 seconds East 260.11 feet to a point; thence continuing along the dividing line between Lot No. 6 and lands now or formerly of Jesse Myers and Brenda J. Myers, South 59 degrees 05 minutes 59 seconds East 144.62 feet to a point; thence continuing along the dividing line between Lot No. 6 and lands now or formerly of Jesse Myers and Brenda J. Myers, South 88 degrees 31 minutes 54 seconds East 248.28 feet to a point; thence along the dividing line between Lot No. 6 and lands now or formerly of Zane R. Highlands, South 04 degrees 37 minutes 41 seconds West 228.27 feet to a point; thence along the dividing line between Lot No. 6 and Lot No. 7, North 85 degrees 22 minutes 19 seconds West 417.52 feet to a point; thence continuing along the dividing line between Lot No. 6 and Lot No. 7, South 56 degrees 37 minutes 55 seconds West 382.49 feet to a point; thence along the dividing line between Lot No. 3 and Lot No. 6, North 34 degrees 46 minutes 05 seconds West 200.04 feet to the point and place of BEGINNING.