HomeMy WebLinkAbout02-0006IN THE COURT OF COMMON PLF2%S
CUMBEPJ~AIgD, PENNSYLVANIA
DANIELWYRICK :
:
- and - :
:
MERRIE W~RICK, :
:
Owners, :
:
VS. :
:
SHUGHA/~T CUSTOM HOI~S, INC., :
Contractor. :
:
STIPDLATION AGAINST LIENS
STIPULATION AGAINST LIENS
WHEREAS, DANIEL WYRICK and MERRIE WYRICK (hereinafter
referred to as "OWNER") of 846 ALEXANDER SPRING RD., APT. A,
CARLISLE, PA 17013, are about to execute contemporaneously
herewith, a contract, with SHUGHART CUSTOM HOMES, INC., General
Contractor (hereinafter referred to as "CONTRACTOR") of 3 EAST
LINDEN DRIVE, CARLISLE, PA 17013, for the erection of a DWELLING
upon a lot of land situate at 840 ALEXANDER SPRING ROAD,
DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA 17013. Said
property being more particularly described as follows:
ALL THAT CERTAIN tract or parcel of land situate in Dickinson Township, Cumberland County, Pennsylvania,
more particularly bounded and described as follows, to wit:
BEGINNING at a point on a concrete bridge at the center line of Alexander Spring Road; THENCE, along the
southern boundary line of Lot 4, now or formerly of Cole B. Price, III, South 69° 12'15" East, a distance of 560.30
feet, to an iron pin; THENCE, along the western boundary line of Lot 5, now or formerly of Cole B. Price, III,
South 5° 23'44" East, a distance of282.11 feet, to a set concrete monument; THENCE, along the northern
boundary line of Lot 1, the other lands of Virginia A. Wyrick consisting of 93 acres, more or less, South 77° 14'20"
West, a distance of 774.07 feet, to an existing iron pipe; THENCE, along the eastern boundary line of Lot 11, the
other lands of Virginia A. Wyrick, consisting of 4.239 acres as shown on the Preliminary/Final Subdivision Plan for
Virginia A. Wyrick, dated March 7, 1998, prepared by Larry V. Neidlinger, P.E.R.S., recorded in Cumberland
County Recorder of Deeds Office, on July 1, 1998, in Plan Book: Volume 77, Page 18, North 25° 27'54" West, a
distance of 285.76 feet, to an existing iron pipe; THENCE, continuing along same boundary line of herein
mentioned Lot 11, South 67° 44'07" West, a distance of 19.53', to an existing post; THENCE, continuing along
same boundary line of herein mentioned Lot 11, North 9° 13'36" West, a distance of 172.10 feet, to an existing post;
THENCE, continuing along same boundary line of herein mentioned Lot 11, North 5° 48'30" West, a distance of
132.10 feet, to an existing iron pipe; THENCE, continuing along same boundary line of herein mentioned Lot 11,
North 33° 04'03" East, a distance of 50.96', to a set railroad spike over an existing nail in the center line of
Alexander Spring Road; THENCE, continuing along the center line of Alexander Spring Road, North 81° 06'01"
East, a distance of 363.09 feet, to a point and PLACE OF BEGINNING.
CONTAINING 10.0000 acres of land.
BEING Lot 12, on a Preliminary/Final Subdivision Plan for Virginia A. Wy-rick, dated April 24, 2001 and revised
June 4, 2001, prepared by Eric L. Diffenbaugh, Professional Land Surveyor, recorded in Cumberland County
Recorder of Deeds Office, on September 19, 2001, in Plan Book: Volume 83, Page 146.
UNDER AND SUBJECT, NEVERTHELESS, to any and all restrictions, reservations, conditions and easements
of prior record.
BEING THE SAME PREMISES which Virginia A. Wyrick, widow, by Deed dated November 28, 2001 and
recorded December 3, 2001, in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in
Deed Book: 249, Page 2110 granted and conveyed unto Daniel Wyrick and, his wife, Merrie Wyrick.
NOW, DECEMBER 20, 2001, WITNESSETH: That Contractor for and
in consideration of the awarding to him by Owner of said contract
as aforesaid, as well as the further consideration of One and
00/00 ($1.00) Dollar to him paid 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 against the said building or buildings
or the curtilage or curtilages appurtenant thereto, by Contractor
or by any sub-contractor, materialmen or laborers for work done
or materials furnished under said contract 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 contracts for extra work, or for work
supplemental thereto, or otherwise.
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 the Contractor or anyone
acting under or through him or it in violation of the foregoing
covenant, the said Contractor for himself, hereby irrevocably
authorizes and empowers any Attorney of any Court of Common Pleas
of the Commonwealth of Pennsylvania, to appear for him, in any of
the said Courts of Common Pleas as Attorney for him, and in his
name, mark satisfied of record at the cost and expense of the
Contractor or any Sub-Contractor or Materialman, or Laborers, any
~nd all claims or claim, lien or liens, filed by or for the
Contractor, or any Sub-Contractor or Materialman, or Laborers, 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
Contractor 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 way touching or concerning the same.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF
NIEL WY~ICK /
'MERR ~E WYRICK
SHUGHART CUSTOM HOMES, INC. ATTESTATION:
By:
Ch Teh~ rEdxeD~utS ihvU~h~ic~tr s
Ref: c :wyric\daniel\Lotl2-1ientstip.wpd