Loading...
HomeMy WebLinkAbout04-5072 STIPULATION AGAINST LIENS Law Offices SALZMANN, HUGHES & FISHMAN 95 Alexander Spring Road, Xttite $, Carlisle, Pennsylvania 17013-3222 THIS AGREEMENT, made mid entered into this ~d2v of October, 2004 by and betv, een ERIC S. CORNMAN AND KAMELA S. CORNMAN, adult indiviuals, of 614 N. Middle Road, Newville, PA 17241 parties of the first part (hereinaller called Ovmar), AND RINE & RINE BUILDERS, a PA Corporation with its principal offices located at 19 h~dependence [)rive, Shippansburg, PA 17257, party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed written construction agreements under seal, both dated July __, 2004, for construction and improvements to property located at Lot G1 h~dependence Drive, Southampton ' 'ovaiship, Cun~berland 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 for and in consideration of the contract aforesaid and the cunsidemtion 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 othar lien or claim of any kind whatsoevar shall be filed or maintained against the said building or buildthgs or the cur[ilage or curtilages appurtenant thereto, by Contractor or by any sub-contractor, materialmen or laborers lbr work done or materials furnished under said contract or by any other party acting through or trader them or any of them for and about said building or buildings or any pan thereof, or on credit thereof, end that all stth-contractors, matarialmen, and laborers on said work shall look to and hold Contractor personally liable tYr all sub- contracts, materials furnished and work and labor done, so that there shall not be any legal or lav,~l claim of any kind whatever against Owner tbr m]y work dune or labor or materials thmished under said contract tbr and abont the erection, construction and completion of said buildings as aforesaid, or under any contract for extra work, or work supplemental thereto, or othemSse. AND this Agreement waiving the right of lien shall be an independant covenant and shall operale and be effective as well with respect to work done and materials furnished under any supplemental contract tbr extra work in the erection, constrrtction and completion of said building or buildings as to any ~vork and labor done and materials furnished under the contract aforesaid. AND, in order to give the Owner fidl po,nar and authority to protect himself and the lot or lots of ground against any and all clai~ns filed by the Contractor or an?une acting under or through him or it in violation of the foregoing covenant, the said Contractor for himsell} themselves, itself, hereby irrevocably authorizes and empowers any Attorney of an5' Court of Cununon Pleas of the Conm~anv, ealth of Pem~sylvania, 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, nan~e, 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, lian or liens, filed by or for the Contractor, or any Sub-Contractor or Material lnm~, or in his or their name against said building or buildings, lot or lots of groand or any part thereof and tbr such act or acts this shall be good and sufficient warrant mid authority, and a reference to the Court, ~leml and Number in which and v, here this Agreement shall have been flied shall be a safficient exhibit of the Auihority herein contained to warrant such action, and the Contractor for himself, themselves, itsell~ do hereby remise, release and qnit-claim all rights and all rammer of errors, detects and impert'ections whatsoever in entering such satislhction or in any- wise touching or concerning the same. IN WITNESS WHEREOF, the said parties have heremlto set their hands ,'md seals dated the day and year first above ~Titten WITNESSES PRESENT: ERIC S,~C ORNMAN ~ ATTEST: RINE & RINE BUILDERS DARRIN G. RINE ~EAL) Number: S100-161 Stewart Title Guaranty Company SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at an iron pin on the easterly edge of Independence Drive at corner of Lot G-2 on the hereinafter referred to plan of lots; thence by said Lot G-2 North 79 degrees 39 minutes 0 seconds East 127.26 feet to a point at comer common of Lot G-2, G-17 and G-18 on the hereinafter referred to plan of lots; thence by said Lot G-18 and G-19, South 10 degrees 21 minutes 0 seconds East 168.96 feet to a point on the northerly side of Independence Drive; thence with the northerly side of Independence Drive on a curve to the dght having a radius of 225 feet, a chord bearing of North 47 degrees 20 minutes 13 seconds West and a chord length of 211.53 feet to an iron pin, the place of BEGINNING. BEING Lot G-l, containing 14, 521 square feet, on subdivision plan prepared by Carl D. Bert dated January 23, 2003, entitled "Land Subdivision for Rine Estates, Phase VIII," and recorded in Cumberland County, Pa., Plan Book 89, Page 60. ALTA Commitment Schedule C (COR NMANK0904.PFD/COR NMAN K0904/6)