Loading...
HomeMy WebLinkAbout13-0281ROBERT L. SPOLJARIC, JR. and JESSICA D. SPOLJARIC Owners v. TIDAY PROPERTY MANAGEMENT, INC. Contractor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. /3 - ~~~ STIPULATION AGAINST LIENS WHEREAS, Robert L. Spoljaric, Jr. and Jessica D c ~ c o =f; ~~ "' w .....# ~~,, `~~- ~ MLA ~" cr,, ~, ~ ~ c:3 ~~ ~~ ~ xm ° a~ s ~ . Spoljaric, husbiad ath d ~: wife (collectively the "Owner"), have executed or are about to execute contemporaneously herewith a contract with Tiday Property Management, LLC, a Pennsylvania limited liability company, with offices at 2 West Mulberry Hill Road, Carlisle, Pennsylvania 17013 (the "Contractor"), for construction of a two story residential dwelling and other improvements (the "Improvements") on property known and numbered as Lot 49, Hawks Landing, Hampden Township, Cumberland County, Pennsylvania, more particularly described on Exhibit A attached hereto, incorporated herein by reference and made a part hereof (the "Premises"). NOW, January II ~, 2013, before any authority has been given by the Owner to the Contractor to commence work on the Improvements, or to purchase materials for the same, or to enter into any contracts with any subcontractors or materialmen, or to authorize any purchases by or through any subcontractors or materialmen, in consideration of the making of said contract with the Owner and the further consideration of One ($1.00) Dollar, to Contractor paid by Owner, and with the intent of all parties to be legally bound hereby, it is agreed that no lien shall be filed against the Improvements, the Premises, or any part thereof, by the Contractor or any subcontractor, or by any of the materialmen or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased, for the #a~.oo Po AYrY ~~ ~~ 13/'7 Improvements to the Premises (including hereafter changes made thereto), the right to file liens being expressly waived. It is the full intent of the Contractor, for itself and for any subcontractors or materialmen claiming for themselves, or by, through or under the contract or the Contractor, that the right to file a mechanic's lien, under the provisions of law and/or of Acts of Assembly in such cases made and provided, for work done or materials furnished in and about the construction of the Improvements to the Premises is hereby waived. IN WITNESS WHEREOF, Owner and Contractor have executed this Stipulation Against Liens the day and year first above written. WITNESS: OWNER: obert L. aric, Jr. J ica D. Spoljaric ONTRACTOR: . Tiday Property,~KAanagement, LLC sy: President F:1scw\8318 - Spoljaric, Jr., Robert and Jessica\16128 -Lot 49, Hawks Landing\Documents\Stipulation Against Liens.doc 1/7/13 2:28 PM WITNESS: EXHIBIT A ALL THAT CERTAIN tract or parcel of land known as Lot 49 -Hawks Landing, as shown on a plan prepared by NAV Tech, Inc. titled "Revised Preliminary/Final Subdivision and Land Development Plan for Hawks Landing", as recorded in Cumberland County Recorder of Deeds Office Plan Book 93 Page 107, situated in Hampden Township, Cumberland County, Pennsylvania and is bounded and further described as follows, to wit: BEGINNING at a point on the south line of Peregrine Way, a 50-foot wide street, said point being the common front lot corner with lot 50, thence along the following courses and distances: 1. South 43°43'08" East, 120.00 feet to a point along the Peregrine Way right-of--way; thence 2. South 46°16'52" West, 140.00 feet to a point; thence 3. North 43°43'08" West, 120.00 feet to a point; thence 4. North 46°16'52" East, 140.00 feet along the common line with Lot 50; to a point, being the point and place of beginning. BEING Lot 49, Hawks Landing. BEING the same premises which Insite Development, LLC, a Pennsylvania limited liability company, by deed dated January 15, 2013, intended to be recorded prior to this instrument, granted and conveyed unto Robert L. Spoljaric, Jr. and Jessica D. Spoljaric, Owners herein.