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HomeMy WebLinkAbout12-5762 _ _ _ Q~,~, i~ _ ~7~ ~ M~-~ ~3 ~ ~ ~ ~ ~,`r c, STIPULATION AGAINST LIENS -,r~ LQrv Op~~ ~ ~ _ Wit=; 5,417,M,41y1V HUGI~ES. PC p„ ~ n? ~ t' 354 Alexaxder Sprixg Road, Suite 1, Carlisle, Pexxsylvaxia 17015-3222 ~ ~ -T a kk THIS AGREE ENT, made and entered into this tT day of September, 2012 by and between EVAN K. $RUMM AND ALLISON E. NORMILE BRUMM, husband and wife, of Cumberland Countl ,Pennsylvania, party of the first part (hereinafter called Owner), AND HOFFMAN'S CU TOM CONTRACTING, INC., a Pennsylvnaia corporation, of the Commonwealth of ennsylvania, party of the second part (hereinafter called Contractor). WHEREAS, th~ said parties have by a duly executed written construction agreement under seal dated prior to execution hereof, for co~ttuction and improvements to property located at Lot 42 Irene Court, Dickinson Township, Cumberland County, Penn ylvania. I NOW THIS A REEMENT WITNESSETH: That the Contractor for and in consideration of the contract aforesaid and the consideration men Toned thereunder, as well as the further consideration of One ($1.00) Dollar to him in hand paid by the Owner at or before the sea ing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be Sled or maintained against the said building o buildings or the cartilage or cartilages appurtenant thereto or by any sub-contractor, materialmen or laborers for work done or aterials furnished under said contract or by any other party acting through or under them or any of them for and about said b 'lding or buildings or any part thereof, or on credit thereof, and that all sub-contractors, materialmen, and laborers. on said work all look to and hold Contractor personally liable for all sub-contracts, materials furnished and work and labor done, so that th shall not be any legal or lawfi~l claim of any kind whatever against Owner for any work done or labor or materials furnish under said contract for and about the erection, construction and completion of said buildings as aforesaid, or under any con ct for extra work, or work supplemental thereto, or otherwise. AND this A ent waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to wo done and materials furnished under any supplemental contract for extra work in the erection, construction and completi n of said building or buildings as to any work and labor done and materials 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 any ubcontractor or anyone acting under or through him or it in violation of the foregoing covenant, the said Subcontractor for him elf, themselves, itself hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Co onwealth of Pennsylvania, 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, name, mark satisfied of record at the cost and expense of the any Sub-Contractor or Mat 'alman, or Material men, any and all claims or claim, lien or liens, filed by or for the any Sub- contractor or Material man, or in his or their name against said building or buildings, lot or lots of ground or any part thereof and for such act or acts this sh 11 be good and sufficient warrant and authority, and a reference to the Court, Term and Number in r.zY ,o d P~ PX ,~r SGT?LBA4-~ C~~, ~sl ~2~ 7G J _ _ _ _ _ _ _ _ _ w _ _ which and where this A~reement shall have been filed shall be a sufficient exhibit of the Authority herein contained to warrant such action, and the Sul}c~nttactor for himself, themselves, itself, do hereby remise, release and quit-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. IN WITNESS REOF, the said parties have hereunto set their hands and seals dated the day and year first above written. WITNESSES PRESEN~: ~i gy; ~ SEAL) Evan I{. Brutnm sal S ~ ~ LL, j By: ~i~~ ~ ~ V' ~U~~I,~EAL) I Alison E. Normile Brumm 4~/ 1TNFSS ; HOFFMAN'S CUSTOM CONTRACTING, INC. I ~ sy: ~sEAL> T by D. Hoft eaident "Contractor" I i i 2 _ ~ , Exhibit A ALL THAT CERTAIN lot of land situate. in Dickinson Township, Cumberland County, Pennsylvani 'bounded and described in accordance with Subdivision Plan for Clarendon, prepared by tatter-Brehm Associates, Inc., dated June 10, 1998 consisting of 14 pages, a copy of whi h was recorded in the hereinafter named Recorder's Office on August 19, 1998 in Plan Book 77, Page 56, which Subdivision Plan for Clarendon is incorporated herein by ref rence, as follows: BEGINNIN at a point on the northern right-of--way line of 50 foot wide Irene Court; thence along aid 50 foot wide Irene Court South 13 degrees 39 minutes 33 seconds West a distance of 233.22 feet to a point at the dividing line between Lots Nos. 42 and 41; thence along e dividing line between Lot No. 42 and 41 North 76 degrees 20 minutes 27 seconds est, a distance of 280.36 feet to a point at the dividing line between Lots Nos. 42 and 43/44; thence along said dividing between Lots Nos. 42 and 43/44 the following thr a courses and distances: North 25 degrees 49 minutes 58 seconds East, a distance of 19.16 feet; containing North 60 degrees 33 minutes 24 seconds East 162.97 feet; and cont nuing North 36 degrees 22 minutes 27 seconds East 62.11 feet to a point in the southern 'ght-of--way line of 50 foot wide Ashton Street; thence along said 50 foot wide Ashton treet by a curve to the left with a radius of 350.00 feet a chord bearing South 60 de ees 11 minutes 10 seconds East a distance of 79.98 feet to a point in the southern right of-way line of 50 foot wide Ashton Street; thence by a curve to the right with a radius f 40.00 feet a chord bearing South 26 degrees 32 minutes 37 seconds East a distance of 1.64 feet to a point in the northern right-of--way line of 50 foot wide Irene Court, the pla e of BEGINNING.