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HomeMy WebLinkAbout10-68994- ID -l %99 KBD STIPULATION AGAINST LIENS Law Offices r ` SALZMANN HUGHES, PC 354 Alexander Spring Road, Suite 1, Carlisle, Pennsylvania 17015-3222 cl) C+ N co "L J THIS AGREEMENT made and entered into this 6da and between of October 2010 b - ' - " , y , y WC) ROBERT E. LEITER AND ELAINE R. LEITER, husband and wife f 209 11 Sandstone Square, Sterling, VA 20165, party of the first part (hereinafter called Owner), AND DNM CONTRACTING, a Pennsylvania Corporation, of the Commonwealth of 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 at 67 Mt. Zion Road, Lower Frankford 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- x o? ?? a 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: L "! ? (i? ,, k -. AS '-ft- `B M ATTEST: By: (S? &4.,-t (SEAL) Robert E. Leiter By: (SEAL) rtanie R. Leite --Al 01 NE 401 DNM CONTRACTING, a Pennsylvania Corporation By: (SEAL) Signed by: "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. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above WITNESSES PRESENT: ATTEST: By: (SEAL) Robert E. Leiter By: Elanie R. Leiter DNM CONTRACTING, a Pennsylvania Corporation sinned "Contactor" 2 Exhibit A ALL THAT CERTAIN tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, being Lot #8 of the Final Subdivision Plan of William Henry Estates, dated June 28, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 56, Page 66, being more fully described as follows: BEGINNING at a point located along the center line of a public right-of-way known as Mt. Zion Road at the dividing line of Lot Nos. 8 and 9; thence along said dividing line, North 72 degrees 02 minutes 49 seconds West, 270.00 feet to a point; thence continuing along same, South 69 degrees 40 minutes 18 seconds West, 100.00 feet to a point; thence continuing along same, North 77 degrees 55 minutes 53 seconds West, 180.00 feet to a point; thence continuing along same, North 66 degrees 30 minutes 30 seconds West, 440.37 feet to a point located at the dividing line of Lot Nos. 8 and 14; thence along said dividing line, North 28 degrees 42 minutes 23 seconds East, 236.52 feet to a point located at the dividing line of Lot Nos. 8 and 4; thence along Lot No. 4, South 66 degrees 30 minutes 30 seconds East, 403.09 feet to a point located along the dividing line of Lot Nos. 8 and 7; thence along said dividing line, South 75 degrees 48 minutes 18 seconds East, 525.00 feet to a point located along the aforesaid public road; thence along said road, South 18 degrees 57 minutes 50 seconds West, 190.00 feet to a point, the point and place of BEGINNING.