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HomeMy WebLinkAbout11-3359No. h - 33 5- I'M LP STIPULATION AGAINST LIENS rv Law Offices Z7v 5-1 S ALZMANN HUGHES. PC ?? O Cam? 354 Alexander Spring Road, Suite 1, Carlisle, Pennsylvania 17015-3222 .C Ca Z "rt S THIS AGREEMENT made and entered into thi) day of March 2011 b and between 2© , , y D ?. -rn JULEE M. DETTENWANGER REVOCABLE TRUST, of Cumberla C4unt.'?& Pennsylvania, party of the first part (hereinafter called Owner), AND HOFFMAN CUSTOM CONTRACTING, INC., 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 Lot 22 Clarendon Subdivision, Dickinson 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 fumished 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- DA? - x-57 J-0 X 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: b2.eQ^ r -LS2 ??' T: W ,•fi N L ss JULEE M. DETTENWANGER REVOCABLE TRUST BY (SEAL) John a wanger, Jr. BY' 6w- ? (SEAL) J le M. Dettenwanger HOFFMAN CUSTOM CONTRACTING, INC. By: r` a,,// (SEAL) Timoth D. Hoffm , President "Contractor" 2 Exhibit A ALL THAT CERTAIN lot of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with Subdivision Plan for Clarendon, prepared by Statler-Brehm Associates, Inc., dated June 10, 1998 consisting of 14 pages, a copy of which was recorded in the hereinafter named Recorder's Office on August 19, 1998 in Plan Book 77, Page 56, which Subdivision Plan for Clarendon is incorporated herein by reference, as follows: BEGINNING at a point on the southern right-of-way line of 50 feet wide Linden Drive West; thence along said Linden Drive West North 57 degrees 03 minutes 52 seconds East a distance of 232.40 feet to a point at the dividing line between Lots Nos. 22 and 21; thence along said dividing line between Lots Nos. 22 and 21 South 32 degrees 56 minutes 08 seconds East a distance of 224.14 feet to a point; thence along the dividing line between Lots Nos. 22 and 23 South 57 degrees 03 minutes 52 seconds West 280.00 feet to a point on the eastern right-of-way line of 50 feet wide Bradford Place; thence along 50 feet wide Bradford Place North 32 degrees 56 minutes 08 seconds West a distance of 32.83 feet; thence continuing along the eastern right-of-way line of 50 feet wide Bradford Place on a curve to the right with an radius of 575.00 feet, a chord bearing North 31 degrees 20 minutes 27 seconds West a distance of 32.01 feet to a point; thence continuing along 50 feet wide Bradford Place North 29 degrees 44 minutes 45 seconds West a distance of 121.73 feet to a point at the intersection of Bradford Place and Linden Drive West; thence on a curve to the right with a radius of 40.00 feet a chord bearing North 13 degrees 39 minutes 33 seconds East a distance of 54.97 feet to a point on the southern right-of-way line of 50 feet wide Linden Drive West, the Place of BEGINNING.