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HomeMy WebLinkAbout04-5181 STIPULATION AGAINST LIENS Law Offices S~4L,~M~4NN, HUGHES & FISHMAN 95 Alexander Spring Road, Suite 3, Carlisle, Pennsylvania 17013-3222 THIS AGREEMENT, made and entered into this ].3 day' of October, 2004 by and between ANNA K. BATY, adult indiviaal, of' 129 E. Yellow Breeches Road, Carlisle. PA 17241 parties of the first part (hereinafter called Owner). AND NORMAN ELAM, adult individual, with its principal offices located at __. party of the second part (hereinafter ca,led Contractor). WHEREAS, the said parties have by a duly executed written construction agreements under seal, both dated July __, 2004, for construction and improvements to properly located at Lot 36 Hertiage Court, Dickinson Township, Cumberland Count), Pennsylvania as set forth 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 a~brcsaid and the consideration mentioned thereunder, as well as the further consideration of One ($1.013) Dollar to him in hand paid by the Owner at or before the scaling and delivery of these presents, the receipt whereof is hereby acknowledged, does hereb.~ 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 cartilages appurtenant thereto, by Contractor or by any sub-contracton materialmen or laborers lbr 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 thereol] and that all sub-contractors, materialmem and laborers on said work shall look to and hold Contractor personally liable lbr 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 tbr any work done or labnr or materials furnished under said contract for and about the erection, construct/on and completion of said buildings as aibresaid, or under any contract for extra work, or work supp/emental thereto, or otherwise. AND this Agreement wai¥ing the right of lien shall be an independent covenant and shall operate m~d be efl~ctive as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction arid completion of said building or buildings as to any work and labor done and materla}s 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 tbregoing covcnm~t, the said Contractor fbr himself, themselves, itsel£ herehy irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania. to appear lbr him, them. it, or arty of them, in any of the said Courts of Common Pleas as Attorney for him, them or it and in h/s. their, its, name. 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 a~_ainst 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 referance to the Court, Term and Number in which and where this Agreement shall have been t~lcd shall be a sufficient exhibit of the Authority herein contained to warrant such action, and the Contractor for himself, themselves, itseit} do hereby remise, release and quit- claim all rights and all manner of errors, defects and imperfi:ctions whatsoever in entering such satisfaction or in any- wise touching or concerning the same. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated thc day' and year first above written. WITNESSES PRESENT: ANNA K. BAT*/ ATTEST: 2 Stewart Title Guaranty Company Number: BATYA10-04 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN tot of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with Subdivision Plan for Heritage Valley prepared by Statler-Brehm Associates, Inc., dated October 13, 1993, a copy of which consisting of ten pages was recorded on February 10, 1995, in the hereinafter named Recorder's Office in Plan Book 69, Page 78, etc., which Plan is incorporated herein by reference, as follows: BEGINNING at a point on the southern line of Heritage Court cul de sac having a radius of 50 feet at the dividing line between Lots Nos. 35 and 36; thence along northern line of said Heritage Court cul de sac by a curve to the left having a radius of 50 feet an arc distance of 50.00 feet to a point at the dividing line between Lots Nos. 36 and 37; thence along said dividing line between said Lots Nos. 36 and 37, the following two (2) courses and distances: (1) South 70 degrees 40 minutes 59 seconds East a distance of 202.91 feet to a point; (2) South 18 degrees 00 minutes 18 seconds East a distance of 225.00 feet to a point in line of land now or formedy of Roy E. Deitch and Patricia J. Deitch; thence along line of said land now or formerly of Roy E. Deitch and Patricia J, Deitch, the following two (2) courses and distances: (1) North 83 degrees 30 minutes 16 seconds West a distance of 231.30 feet to a point; and (2) North 77 degrees 54 minutes 08 seconds West a distance of 130.68 feet to a point at the dividing line between Lots Nos. 35 and 36; thence along said dividing line between said Lots Nos. 35 and 36, North 12 degrees 05 minutes 52 seconds East a distance of 232.02 feet to a point on the southern i/ne of Heritage Court cul de sac at the Place of BEGINNING. ALTA Commitment Schedule C