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HomeMy WebLinkAbout11-5110 Al G. l/- S"I / o M -b STIPULATION AGAINST LIENS THIS AGREEMENT, made and entered into this ZU day of q-uA e- , 2011, by and between Robert Johnston & Diane Johnston, of Pennsylvania, parties of the first part (hereinafter called "Owner"), c AND -OZ .Zn? 7 Maverick Homes, LLC, with its principal offices located at 696 Losh Ro Shermans Dale, PA 17090, party of the second part (hereinafter called "Contract WHEREAS, the said parties have by a duly executed written constructiol ? agreement under seal, dated xxx, for construction and improvements to property to teq; at 2651 Glen C Mec anicsbur P 17055, Cumberland County, Pennsylvania;- as -- *k ji I -- set forth in _ aO and more particularly described in the attached Exhibit "A". 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, by Contractor or by any subcontractor, materialman 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 subcontractors, materialmen, and laborers on said work shall look to and hold Contractor personally liable for all subcontracts, 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 the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said Contractor 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 or it and in his, their, its name, mark satisfied of record at the cost Fri "? YJ rV a0 1 d AM A st-«f and expense of the Contractor or of any Subcontractor or Materialman, or Materialmen, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Subcontractor or Materialman, 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, defect and imperfections whatsoever in entering such satisfaction or in anywise 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. -10001 (SEAL) Robert Johnston, Owner AMA (SEAL) Diane John n, Owner ATTEST: MAVERICK HOMES, LLC By (SEAL) WITNESS: EXHIBIT A ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Commonwealth of Pennsylvania, being more particularly bounded and described as follows: BEGINNING at a point at land now or formerly of Lawrence E. Dipietro; thence continuing along land now or formerly of Lawrence E. Dipietro, North sixty-three degrees forty-one minutes forty- eight seconds West (N 63° 41' 48" W) a distance of five hundred sixty-three and thirteen hundredths (563.13) feet to a point; thence continuing along Lot #4, Phase 1, North thirty degrees twenty-four minutes fourteen seconds East (N 30° 24' 14" E) a distance of three hundred forty- three and forty-eight hundredths (343.48) feet to a point at the cul-de-sac of Glen Court; thence continuing along the cul-de-sac of Glen Court on a curve to the left having a radius of fifty (50) feet, an arc distance of one hundred nineteen and eighty-seven hundredths (119.87) feet with a chord bearing of North eighty-eight degrees six minutes twenty-four seconds East (N 88° 06' 24" E), a distance of ninety-three and sixteen hundredths (93.16) feet to a point; thence continuing still along the cul-de-sac of Glen Court, on a curve to the right, with a radius of twenty-six (26) feet, an arc distance of twenty and four tenths (20.04) feet with a chord bearing of North forty-one degrees thirty-two minutes nineteen seconds East (N 41 ° 32' 19" E) a distance of nineteen and fifty-five hundredths (19.55) feet to a point; thence continuing along Glen Court, a curve to the left, with a radius of four hundred twenty-five (425.00) feet, an arc distance of one hundred one and four tenths (101.04) feet with a chord bearing of North fifty-six degrees forty-eight minutes thirty-three seconds East (N 56° 48' 33" E) a distance of one hundred and eighty hundredths (100.80) feet to a point; thence continuing along Lot No. 6, Phase 1, South forty degrees zero minutes five seconds East (S 40° 00' 05" E) a distance of four hundred thirty-six and ninety-eight hundredths (436.98) feet to a point; thence continuing along the remaining part of Phase 2, South twenty-six degrees eighteen minutes twelve seconds West (S 26° 18' 12" W) a distance of three hundred sixteen and sixty-seven hundredths (316.67) feet to a point, the point and place of BEGINNING. BEING Lot No. 5 of Allen Glen, Phase 1, Final Subdivision Plan, prepared by Melham Associates, P.C., dated August 9, 2001, last revised October 4, 2001, recorded November 1, 2001 in Cumberland County Plan Book 84, Page 46. BEING known and numbered as 2651 Glen Court. UNDER AND SUBJECT to a Declaration of Allen Glen, a Planned Community, recorded in Cumberland County Miscellaneous Book 695, Page 1524. FURTHER UNDER AND SUBJECT to all restrictions, reservations, easements, covenants, conditions and rights-of-way of record.