Loading...
HomeMy WebLinkAbout10-7469a lC'- ~yc~ti ~~~~~ ~~ ea ~` STIPULATION AGAINST LIENS ~,r7°-- `~' ~o Law Offices .~~ ~ ..Q ~ `'~ SALZMANN HUGHES, PC ~'' ~ ~ ~= ~ =~ 354 Alexander Spring Road, Suite 1, Carlisle, Pennsylvania 17015-3222 ~ ~' ~ ~ .. ~ ~ ~, ~ THIS AGREEMENT, made and entered into this2- day of December, 2010 by and between -C DARKEN J. ASPER AND BEVERLY I. ASPER, husband and wife, of 3 Black Oak Court, Boiling Springs, PA 17007, party of the first part (hereinafter called Owner), AND RIDGEVIEW CUSTOM HOMES, LLC, of the Commonwealth of Pennsylvania, parry 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 Lot 46 Keswick Lane, South Middleton 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 tots 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- ~ ~ /~G/ ~i ~~ ~9 ,erg/ ~sf~,~t' 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: ~,~~- ~ ~.: w ~ ; NESS ~~e~~~~1~~Gc' 13y. (SEAL) Darren J. Aspe By: ~~ C~~Q%~ (SEAL) Beverly I. Asper RIDGEVIEW CUSTOM HOMES, LLC, Pennsylvania limited liability company BY~ (SEAL) Signed by: Herbert G. Weaver, sole member "Contractor" 2 a Ezhibit A ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to the Final Subdivision Plan for Phase Number Two -The Plan of Netherby -prepared by Dawood Associates dated Apri124, 2005, and revised through April 13, 2007, and recorded in Cumberland County, Pennsylvania Plan Book 94, Page 39, as follows, to wit: BEGINNING at a point on the right-of--way line of Keswick Lane, known as Langley Lane on the above Plan, (50' ROW) at the northeastern corner of Lot No. 47 on the above Plan; thence along said Lot No. 47, North 84 degrees 09 minutes 53 seconds West 200.00 feet to a point; thence along land of Harry Whistler, Jr. and Betty Jane Whistler and land of Edward Knisely and Shirley Knisely, North OS degrees 50 minutes 07 seconds West 90.00 feet to a point; thence along Lot No. 45 on the above Plan, South 84 degrees 09 minutes 53 seconds East 200.00 feet to a point on said Keswick Lane; thence along the dedicated right-of--way of said Keswick Lane, South OS degrees 50 minutes 07 seconds West 90.00 feet to a point, the point and place of BEGINNING.