HomeMy WebLinkAbout04-4777 STIPULATION AGAINST LIENS
Law Office*
SALZ~4NN, HUGHES & FISHMAN
9$ Alexander Spring Roa~L Suite 3, Carlisle, Pennsylvania 1 7013-$222
THIS AGREEMENT, made and entered into this~'~]'~ay of September, 2{)04 by and between
DIRK J. MADISON, of Ctanberland County, Pennsylvania p~ies of the first part (hereinafter called Owr,~),
AND
MADISON 8: SONS CONSTRUCTION, LLC, with im principal offices located within Cmnberland County,
Pennsylvania, party of the second part (hereinat~er culled Contractor).
WHERF.4S. the said parties have by a duly executed ~,mtten construction agreements under seal. both dated
tiff'to/O~ , for construction and improvements to property, located at 27 Back Street. Unit 1 and
Unit 2, Plainfield, Cumberland County, Pennsylvania as set forth in Deed Book _ , Page , and as mom
particularly described in the attached Exhibit A.
NOW THIS AGREEMENT WITNESSETH: That the Contractor Ibr mid in consideratim~ of the contract
aforesaid and the consideration mentioned thereunder, as well as the fixrther consideration of One ($1.00) Dollar to lhm in hand
paid by the Owner at or before the sealing and delivei'y of these presents, the receipt whereof is hereby ackamMedged, does
hereby co'~enant, promise and agree that no mechanics' lien or clain~ or other lien or claim of any kind whatsoever shall be filed
or maintained against thc said building or buildings or the curtilage or cartilages appurtenant thereto, by' Contractor or by any
sub-contractor, materialmen or laborers tbr work done or materials furnished under said contract or by any other party acting
through or under them or any of them far and about said binlding or buildings or any p;~ thereof, or on credit thereof, and that
all sub-contractors, materinlmen, and laborers on said work shall look to and hold Contractor personally liable for all smb-
cmttracts, materials famished and work and labor done, so that there shall not be any legal or lawli.~l claim of an~ kind
whatever against O~,vtler for any work done or labor or materials farnisbed under said contract for and about the erection,
construction and completion of said buildings as aforesaid, or under any' contract tbr 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 attd nmteriais furnished under any supplemental contract tbr extra work in the erection,
construction and completion of said building or buildings as to any work and labor done and materials famished under the
contract aforesaid.
A~D, in order to give the Owner full power and authority to protect himself at~d the lot or lots of grunted against any
and ail claims filed by the Contractor or anyone acting under or thrungh him or it in violation of the foreg(mg covenant, the
said Contractor tbr himselt; themselves, itselI: hereby irrevocably authorizes and empowers any Attorney of any Court of
Common Pleas of the Commonwealth of Peansylvania, to appear for him, them, it, or any of them, in any of the said Courts ut'
Common Pleas as Attorney for him, them or it and in his, their, its, name, mark satistied of reanrd at the cost and expense of
the Contractor or of any Sub-Contractor or Materiaimart, or Material men, any and all claims or claim, lien or liens, filed by or
for the Contractor. or any Sub-Contractor or Material mare or in his or their nan~e against said building or buildings, 10t or lots
of ground or any part thereof and for such act or acts this shall be good .and sutllcient warrant and authority, and a ret;crence to
the Court, Term and Ntmther in ,ahich and where this Agreement shall have been filed shall be a sullicient exhibit of the
Aathority herein contained to warrm~t such action, and the Contractor for himselt; themselves, itselt; do hereby remise, release
and quit-claim ali 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 da5, and 3,ear lirst
above v,r/tten.
~~~TEST:
MADISON & SONS CONSTRUCTION, LLC
"Contracto~ /
(SEAL)
Commitment Number: S100-152
Stewart Title Guaranty Company
SCHEDULE C
PROPERTY DESCRIPTION
The land referred to in this Commitment is described as follows:
ALL THAT CERTAIN tract or parcel of land situate in West Pennsboro Township, County of Cumberland and
State of Pennsylvania, bounded and described as follows:
BEGINNING at the comer of lands known as Back Street, South 57 degrees 52 minutes 52 seconds West
145.96 feet to a point; thence along lands known as Pine Lane North 08 degrees 19 minutes 54 seconds West
18.29 feet to a point; thence continuing along lands known as Pine Lane North 08 degrees 19 minutes 54
seconds West 224,55 feet to a point; thence along lands now or formedy of Christopher FJnkenbinder, North 82
degrees 00 minutes 00 seconds East, 132.37 feet to a point; thence along lands now or formedy of Chades M
BIosser and Mary E. Blosser South 08 degrees 44 minutes 41 seconds East 164.92 feet to a point; thence
continuing along lands now or formerly of Chades M. Blosser and Mary E. Blosser South 08 degrees 44 minutes
41 seconds East 17.72 feet to a point, place of BEGINNING.
BEING the same premises conveyed by Richard E. Adler and Betty L. Adler, by Deed dated July 28, 2004, and
recorded August 11, 2004, in the Office of the Recorder of Deeds in and for Cumberland County in Record Book
264, Page 3202 to J. Michael Adler.
ALTA Commitmer~t
Schedule C
(MADISON&SONSOgO4, PFO/MADISON&SONS0904/5)