HomeMy WebLinkAbout04-4892STIPULATION AGAINST LIENS
Law Offices
SALZMANN, HUGHES & FISHMAN
95 Alexander Spring RoatL Suite 3, Carlisle, Pennsylvania 17013-3222
THIS AGREEMENT, made and entered into this 16TH day of September, 2004 by and between
MARC S. HOWARD and PAULA R. HOWARD, of 6756 West Via Rmnoncita, Tuscan, AZ 85743, parties of thc
first part (hereinafter called Ov~2er),
AND
C&C CONSTRUCTION, with its principal offices located 5745 Spring Road, Shennans Dale, Peimsylvan a, 17090
party of the second pan (hereinaller called Contractor).
WHEREAS, the said parties have by a duly executed written constractim~ agreements trader seal for construction
and improvements to property located at 27 Ba~k ~hc~t, Unit I mid Unit 2, PI.infield, Cumberland Count5', Pe~msylvania
as set forth in Deed Book __, Page , and as more particularly described in the attached Exhibit A.
NOW THIS AGREEMENT WITNESSETH: That the Contractor lbr mid in consideration of the contract
atbresaid and the consideration mentioned thereunder, as well as the lhrther consideration of One ($1.00) Dollar to hint in hand
paid by the axe.ar at or before the sealing mid delivery of these presents, the receipt whereof is hereby acknowledged, does
hereby covenant, promise and agree that no mechanics' lien or claim or oilier licm or claim of any kind whatsoever sbaI1 be filed
or maintained against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any
sub-contractor, materialmen or laborers for work done or materials furnished under said contract or by mi?,, other party acting
ttmargh or raider them or any of them for and about said building or buildings or any part thereat; or on credit thereof, and that
all sub-contractors, materialmen, and laborers on said work shall look to and hold Contractor persm~ally liable the 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 dane or labor or materials furnished under said contract for and about the erection,
construction and completion of said buildings as aforesaid, or ~mdar 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 eflbctive as
~vell with respect to work done and materials flanished nnder any supplemental contract ibr extra work in the oration,
construction and completion of said building or buildings as to any work and labor done m~d materials fmmished under the
contract albresaid.
AND, in order to give the Owner fifll 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 Ilu-ough him or it in violation of the foregoing covenant, the
said Contractor lbr himself, themselves, itsell; hereby irrevocably authorizes and empowers any Attorney of any Court of
Common Pleas of the Commonwealth of Permsylvania, to appear tbr him, them, it, or any of them, in any of the said Courts of
Conmmn Pleas as Attoran~ lbr him, them or it and in his, their, its. name, mark satisfied of record at the cost and expense of
Common Pleas as Attorney for him, them or it and in his, their, its, nanl¢, mark satisfied of record at the cost and expense of
the Contractor or of any Sub-Contractor or Materialman, 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, lot or lots
of ground or any par[ thereof and for such act or acts this shall be good and sufficient warrant and authority, and a reference to
the Court, Term and Ntanber in xvhich 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, itself., do hereby remise, release
and quit-claim all rights and all mamier of errors, defects and imperfections whatsoever in entering such satisfaction or in any-
wise touching or concerning the same.
llq WITNESS WHEREOF, the said parties have herennto set their hands and seals dated the day and year first
above written.
WITNESSES PRESENT:
2
Exhibit A
Legal Description
Loan No. 03-6120-067733472-4
ALL THAT CERTAIN trent of land situate in North Mlddloton Township, CumbeHand County, Pennsylvania,
cleaignatud aa LOt No, 51 un the Final 6unolVlSlon Plan for Phase C o1' the Vdlage of Cass Creek dated 5/28/04
and reoorded r~28/04 In tho Ofllco of thc Reo~rdor of Deeds in and for Cumberland Cou,ty i. Plait BoOK ltl,
Page 17. more pa~culadY bounded and described, ~.~ fntlnv~.
BEGINNING at a point on the eastern right-of.way of Stony Creek Court, said point being the southwestern of
Lot a~2, Urn.ua, along Lot #52 North 7ti clngrees 5~q minutes 16 seconcl8 I=aat a distance of 160.55 feet to a
point; thence, along Lot~ 9outh 04 degmee 20 mlnutce 50 eocxmda Worst a dlatanco of 2.5.01 feet, thence,
along Lot ~t37 South 20 degrees 43 minutes 03 seconds West a dlstam'.~ of 64.07 feet to a point; thence, along
Lot #38 8oath 37 degrees 05 minutes 16 seconds West a distance of 64.07 feet to a point; thence, alon~ Lot ~g
Uouth 53 degrees 27 minutes 28 seconds West a cllstanse of 38.67 feet to tl point; thence, along Lot #50 North
42 degree~ 46 mi,abra 57 ~ucunda West s distance of 116.43 feet to a point on the eastern right-of-way of Stony
Creek Court; thence, along the algal-of-way by = ourvo to tho loft having a racllus of 50.00 feet, an arc lengUn or
50,00 feet and tl chord beadng of North 18 degrees 34 minutes 11 see. nnd.q I=a.,d with a chord length of 47,94
feet to s point, the place of BEGINNING.
CONTAINING 16,115 aqUalU foul. (0.37 acres)
BEING Lot No. 51 on the Final SubdlvLqlnn Plan for Phases B & C of the Village of Casa Creek dated 6/28/04,
recorded 5/28/04 in the Office of the Recorder of Deeds In and for Cumberland County in Plan Book 80, Page
17.
UNDER AND SU~JI=CT to tho Doolamtion for Phases IA and II of The Village or C~u~ Cruek dated Apd125,
2001 and recorded April 26. 2001 In the Office nfthe Recorder of Deeds in and for Cumberland County in Mi~.
Book 673, Page 57.
UNDER AND ~UBJEGT tu Ute Building aaa Use ResUlc0ons dmed April Zb, 2001, and recorded April 26. 2001
in th., Office of the Reoo~dor of Do.la in and for Cumberland Oounty in MIx. Book 07~, PaUu 78.
BEING par of the same premises which John W. Gleim, Jr. and Korea $. Glelm, hust3ancl and wife. lay Deed
clated AugustS, 1997, and recorded in the Office of the Recorder of Deeds aforesaid In Deed Book 162, Page
949, grantud slid CUllVeyed unto Pants Star Investmems, Inc.
Storm water drainage facaitles shown hereon and located nut.~ide the p41blie street rights-of, way shall be owned
and maintained by the owner of the lots on which they am located, and such facilities shall be Permanent unless
a revlsnd 8tara Water Management Plea is approved by No~th Middleton Township. Maintenance shall Include
peflodlo mowhlg uf vugetotlon afld removal of ae~s Which restricts water flow. Should drainage faclllUes be
altered as provided for above, the oh-'~nge shell not roquiro tho oonaent of other lot owners In tho subdlvlululh