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Home My WebLink About04-4508STIPULATION AGAINST LIENS Law Offices SALZMANN, HUGHES & FISHMAN 95 Alexander Spring Road, Suite 3, Carlisle, Pennsylvanin 17013-3222 THIS AGREEMENT, made and entered into this day of February, 2004 by and between PATRICK J. GERSTNER AND KAREN A. GERSTNER, of 4134 Kittatinny Drive, Mechanicsburg, PA 17050 parties of the first part (hereinafter called Owner), CLAYPOOI~HI-TIDAY, AND LLC., with its principal offices locatect at , party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed written construction agreements under seal, both dated ~w~r~-I- 1~, ?~t~l , for construction and improvements to property located at Lot #90 Old Coach Lane, Meado ook Farms, Cmnberland County, Pennsylvania as set thrth in Deed Book , Page , and as 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 mentiuned thereunder, as well as the further consideration of One ($l.00) Dollar to him in lmnd paid by the Owner at or before the sealing and delivery of these presents, the receipt whereof is hereby ack~mwledged, 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 cm'tilage or curtilages appurtenant thereto, by Contractor or by any sub-contractor, materiahnen 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 tbr and abont said building or buildings or any part thereof, or on credit thereol; and that all sub-contractors, materialmen, and laborers on said work shall look to and hold Contractor personally liable Ibr all snb- 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 abont the erection, construction and completion of said buildings as aforesai& or under any contract for extra work, or work supplement, 1 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 trader any snpplemental contract for extra xvork in the erection, construction and completion of said building or buildings as to any work and labor done mid materials furnished under the contract aforesaid. AND, in order to give the Owner fnll power and authority to protect himself and the lot or lots of grotmd against any and all claims filed by tbe Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said Contractor tbr himselt; themselves, itself, hereby irrevocably authorizes and empowers any A~tomey of any Court of Common Pleas of the Cununonwealth of Pennsylvania, to appear tbr him, them, it, or any of them, in any of the said Courts of Conmmn Pleas as Attorney for him, them or it and in his. theft, its, name, mark satisfied of record at the cost and expense of the Contractor or of any Sub-Cuntractor or Materialmau, or Material men. any and all claims or claim, lien or liens, filed by or for the Contractor. or any Sub-Contractor or Material man, or in his or their name against said building or buildings, ~ot 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 wlftch 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 thr himself, themselves, it.ll, do hereby ranfise, release and qnit-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. 1N WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above written. ATTEST: P;R/~ICIJ. GERSTNER KAREN A. GERSTNER CLAYPOOL~ HI-TH)AY, LLC (SEAL) (SEAL) (SEAL) 2 .~ommitment Number: S100-135 Stewart Title Guaranty Company SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN tract of land situated in Middlesex Township, Cumberland County, Pennsylvania, being Lot No. 90, as shown on a Plan entitled, "Meadowbrook Farms, Final Subdivision Plan, Phase ~11," dated October 31,2000 by PennTerra Engineering Inc., State College, Pennsylvania, being bounded and described as follows: BEGINNING at an iron pin, lying in a northerly R/W line of Old Coach Lane (50'R/W) and being an easterly corner of Future Phase 6; thence along said lands, North 08 degrees 37 minutes 09 West 160.00 feet to an iron pin, being a northerly comer of said lands and lying in a southerly line of existing Phase 1; thence along said lands, North 81 degrees 22 minutes 51 East 114.33 feet to an iron pin, lying in a southerly line of said lands and being a westerly comer of Lot No. 89; thence along said lot, South 08 degrees 37 minutes 09 seconds East, 160.00 feet to an iron pin, being a southerly comer of said lot and lying Jn a northerly R/VV line of Old Coach Lane (50' R/W); thence along said R/W, South 81 degrees 22 minutes 51 West, 114.33 feet to an irc ~ pin, being the place of BEGINNING. CONTAINING 0.420 acres. Lot No. 90 is subject to a 10' utility/sidewalk easement along its street frontage. ALTA Cemmi~ent Schedule C (GERSTNERPOSoO4. PFD/GERSTNERP08-04/5)