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HomeMy WebLinkAbout01-1229STIPULATION AGAiNST LIENS THIS AGREEMENT made this.,2d day of ZJ/a,edt ,2001 by and between: TIMOTHY D. HOFFMAN, trading as HOFFMAN'S CUSTOM CONTRACTiNG, of 21 Annendale Drive, Carlisle, Pennsylvania, hereinafter "Contractor" AND WILLIAM J. LUMADUE, JR. and TINA J. LUMADUE, his wife, of 1147 Pheasant Drive N, Carlisle, Pennsylvania, hereinafter collectively "Owner" WHEREAS, Owner and Contractor have entered into a construction agreement ("agreement") whereby Contractor has agreed to erect and construct a residential dwelling and other improvements (referred to herein as "buildings or other improvements") upon the following described real estate, as part of the consideration for which agreement this Stipulation Against Liens is given: ALL that certain lot or parcel of land situated in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNiNG at a point on the southern legal right-of-way line of Keystone Drive at the dividing line between Lots Nos. 24 and 23 as shown on the plan of lots hereinafter mentioned; thence along said dividing line between Lots Nos. 24 and 23, South 43 degrees 28 minutes West, a distance of 251.19 feet to a point at line of Lots No. 31 as also shown on said plan of lots; thence along the dividing line between Lots Nos. 24 and 31, the following two (2) courses and distances: (a) South 14 degrees 38 minutes East, a distance of 175.35 feet to a point; and (b) South 38 degrees 12 minutes East, a distance of 139.60 feet to a point at a comer common to Lots Nos. 24, 31 and 25 as shown on said plan of lots; thence along the dividing line between Lots Nos. 24 and 25 as shown on said plan of lots, North 19 degrees 17 minutes East, a distance of 425.57 feet to a point on the southern legal right-of-way line of Keystone Drive; thence along said southern legal right-of-way line of Keystone Drive in a generally northwestwardly direction on a curve to the right having a radius of 250 feet, an arc distance of 116.07 feet to a point on the same at the dividing line between Lots Nos. 24 and 23 as shown on the hereinafter mentioned plan of lots, the place of BEGINNING. BE1NG Lot No. 24 as shown on a certain plan of lots entitled "Final Subdivision of Enchanted Hills" as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 76, Page 37. ALSO BEING the same premises which Greater Keystone Properties, Inc., by its Deed dated and recorded July 24, 2000 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 225, Page 820, granted and conveyed unto William J. Lumadue, Jr. and Tina J. Lumadue, his wife. NOW THEREFORE, Contractor, intending to be legally bound hereby, in consideration of the sum of One Dollar ($1.00) in hand paid by Owner, the receipt and sufficiency of which are hereby acknowledged, as well as for and in consideration of the agreement aforementioned, Contractor does hereby, for Contractor and any and all subcontractors, materialmen and parties acting for, through and under Contractor, them or any of them, or anyone, covenant and agree with Owner that no mechanic' liens or claims shall be filed or maintained by Contractor, them or any of them or any one, against the above described real estate or the buildings or other improvements erected or to be erected thereon, any of them, or the estate (including a leasehold estate), interest or title thereto of Owner, for or on account of any work done or materials furnished under the agreement or under any supplemental contract, verbal or written, or contract for extra work relating to the erection, construction and completion of said buildings or other improvements, or any of them, or otherwise; and Contractor for Contractor and any and all subcontractors, materialmen and parties acting through or under Contractor, them or any of them, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics' liens or claims against said real estate or buildings cr other improvements or any of them. Contractor hereby covenants, promises and agrees that all subcontractors, material suppliers and laborers shall not look to and hold Owner liable for all subcontracts, materials -2- furnished and work and labor done so that there shall not be any legal or lawful claim of any kind whatever against Owner, or any other person with an estate (including a leasehold estate) in the above-described property, for any work done or labor or materials furnished under the agreement or otherwise. This Stipulation 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 the said buildings or other improvements as to any work and labor done and materials furnished under the agreement aforesaid. Contractor hereby represents and warrants that prior to the date hereof no work has been done and no materials have been furnished with regard to the construction which is the subject of the agreement or with regard to any supplemental contract, verbal or written, or contract for extra work in or about the erection, construction and completion of any buildings or other improvements on the above-described property. This Stipulation Against Liens is made and intended to be filed with the Prothonotary of Cumberland County, Pennsylvania within 10 days of the date hereof in accordance with the requirements of law in such case provided. 1N WITNESS WHEREOF, Contractor has signed and sealed this Stipulation, binding itself, its successors and/or assigns the day and year first above written. WITNESS: Timothy D. l--I'6ffman, tra-dqn~ as Hoffman's Custom Contracting -3- ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND ) ON THIS, the o,gmd day of //PTfif)c/~ ,2001 before me, the undersigned officer, personally appeared TIMOTHY D. HOFFMAN, trading as Hoffman's Custom Contracting, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the foregoing for the purposes contained therein. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary My Commission Expires: