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HomeMy WebLinkAbout04-5322 STIPULATION AGAINST LIENS Law Offices S,4LZM~4NN. HUGHES & FISHM,4N 9S Ale. r~mder Spring Ro~d, SMite $, C~llsle. Pennsytmnia 17015-$222 THIS AGREEMENT, made and entered into this day of October, 2004 by and between SHAWN A. FLUSS AND SUSAN K. FLUSS, adult Indlviuals, of 885 Greenspring Road, Newville. PA 17241 parties oftbe firs~ part (hereina~er called Owner). AND BRIM BUILDERS, INC., a Pennsylvania Corporation. with its principal offices located at 433 Walker Road, Chambcrsburg, PA 17201. party oftbe second pan Ihereinaf~er called Contractor). WHEREAS, the said parties have by 8 duly executed written construction agreements under seal, both dated __, 2004. for construction and improvements to property located Lot #6 Mountain Road, Upper Mifflin Township. Cumberland 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 consideration mentioned thereunder, as well as the further consideration of Ooe ($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 other lien or claim of any kind whatsoever shall be filed or maintained against thc 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 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 thereof, and that all sub-contractors. materialmen, and laborers on smd work shall look to and hold Contractor personally liable for 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 done or labor or materials furnished under said contract for and about the erection, construction and completion of said buildings as aforesaid, or under any contract for extra work. or work supplemental thereto, or otberwise. AND this Agreement waiving the right of lien shall be an independent covenant and shall operat~ and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion 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 C)wner full power and authority to protect himsalf 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 foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for him, thenL 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 Contractor or of any Sub-Contractor or Materialman, or Material men, any and all claims or claim, lien or liens, filed by or f,or the Contractor, or any Sub-Contractor or Material man. or in his or their name against said building or buildings, lot or lots ground or any part thereof and f,or such act or acts this shall be good and sumcient warrant and authority, and a ref,erence to the Courl. Term and Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of'the Authority harem contained to warrant such action, and the Contractor f,or himself., themselves, itself, do hereby remise, release and quit- clmm all rights and all manner of, errors, detects and imperfections whatsoever in entering such satisf,action or in any- wise touching or concerning thc same. written. IN WITNESS WHEREOF. the said parties have hereunto set their hands and seals dated the day and year first above WITNESSES PRESENT: K. FL ATTEST: ~o~tr~¢~v~ 2 Stewart Title Guaranty Company Commitment Number: 8100-167 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL the following described real estate lying and being situate in Upper Mifflin Township, Cumberland County Pennsylvania, referred to as Lot No. 6 more particularly bounded and described in accordance with F lan entitled "1 and Subeivision for Lee A. CIouse", prepared by Cad D. Bert & Associates, Professional Surveyors & Engineers, which said Plan has been approved by the appropriate municipal authorities and is recorded in Cumberland County Plan Book 88, Page 48, as follows: BEGINNING at a mag nail at corner of the within described lot and Lot No. 5, in the centedine of T-383 (Mountain Road), thence along Lot No. 5, North 27 degrees 19 minutes 18 seconds West, 426.46 feet to an iron pin at corner of the within described lot and Lot No. 7; thence along Lot No. 7, North 59 degrees 01 minutes 23 seconds East, 288.32 feet to an iron pin at comer of the within described lot and Lot No. 7; thence along Lot No. 7, South 39 degrees 30 minutes 44 seconds East, 480.04 feet to a mag nail in centerline of T-383 (Mountain Road); thence along the centerline of T-383 (Mountain Road), a curve to the right having a radius of 423.61 feet and a chord bearing South 60 degrees 36 minutes 32 seconds West a chord length of 148.88 feet to a point; thence continuing along same, South 70 degrees 43 minutes 47 seconds West, 212.94 feet to a mag nail; thence by a curve to the dght having a radius of 302.22 feet and a chord beadng South 69 degrees 49 minutes 11 seconds West a chord length of 9.60 feet to a point, the place of BEGINNING.