HomeMy WebLinkAbout04-5797 STIPULATION AGAINST LIENS
Law Offices
SALJMANN, HUGHES & FISHMAN
95 Alexander Spring Road, Suite 3, Carlisle, Pennsylvania 17013-3222
THIS AGREEMENT, made and entered into this ] ~.4~y of November, 2004 by and between
JOHN M. CROCHET AND NANCY L. CROCHET, of Cumberland County, Pennsyvlania, parties of the first
part (hereinafter called O~x~er),
MARK LUDT BUILDERS, INC.,
called Contractor).
AND
of Cumberland Cotmty, Pennsyvlania, party of the second part (hereinafter
WHEREAS, the said parties have by a duly executed xx.vitten constrnction agreements under seal, both dated prior to
execution hereot; for construction and improvements to propem.' located Lot #79 Indian Hills, South Middleton *ox~mship,
Cumberland County, Pem~sylvania.
NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract
atbresaid and the consideration 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 delivew of these presents, the receipt ~vhereof 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 the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any
sub-contractor, materialmen or laborers tbr 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 thereot} and that
all sub-contractors, materialmen, and laborers on said work shall look to and hold Contractor personally liable for all sub-
contracts, materials thrnished and work and labor done, so that there shall not be any legal or la~ful claim of any kind
whatever against Ore, er Ibr any work done or labor or materials furnished under said contract tbr and about the erection,
constrnction and completion of said buildings as atbresaid, or under any contract for extra work, or work supple~nental thereto,
or otherwise.
AND this Agreement xvaiving the right of lien shall be an independent covenant and shall operate and be effective as
well with respect to work done and materials ftmfished 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 nnder the
contract atbresaid.
AND, in order to give the Ox~ner 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 covenant, the
said Contractor tbr himselt; themselves, itselt; hereby irrevocably authorizes aud empoxvers any Attorney of any Court of
Conunon Pleas of the Commomvealth of Pem~sylvania, to appear for him, them, it, or any of them, in any of the said Courts of
Conunon Pleas as Attorney for hin~, 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
for the Contractor, or any Sub-Contractor or Material man, or in his or their name against said building or buildings, lot or lots
of grotmd or any part thereof and tbr such act or acts this shall be good and sufficient warrant and authority, and a ret~rence to
the Court, Term and Nmnber in which and where this Agreement shall have been filed shall be a sufficient exhil0it of the
Authority herein contained to warrant such action, and the Contractor for himself, themselves, itself; do hereby remise, release
and quit-claim all rights and all manner of errors, detkcts and imperfections whatsoever in entering such satisI'action or in any-
wise touching or concerning the same.
IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first
above x~witten.
WITNESSES PRESENT:
¢,
ATTEST:
.~..~,~HN X~ CROCHET ~ ~ (SEAL)
MARK LUDT BUILDERS, INC.
"Contractor"
(SEAL)
LEGAL DESCRIPTION
EXHIBIT "A"
ALL TItAT CERTAIN tract of land situate in South Middleton Township,
Cumberland County, Pennsylvania, Lot No. 79 on the Final Subdivision Plan of Indian
Hills - Section No. 3, recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Plan Book 86, Page 126, the same being numbered
as more particularly described as follows:
BEGINNING at a point on the northern right of way line of Chestnut Drive ( a 50
feet wide right of way) at the dividing line of Lot No. 78 and Lot No. 79 of the
aforementioned Plan; thence along said dividing line North 84 degrees 03 minutes 16
seconds West a distance of 150.00 feet to a point; thence along Lot No. 79 of the
aforementioned Plan, North 05 degrees 56 minutes 44 seconds East a distance of 102.57
feet to a point on the southern right of way line of Shirley Lane (a 50 feet wide tight of
way), South 84 degrees 03 minutes 16 seconds East a distance of 135.00 feet to a point
on the southern fight of way line of Shirley Lane (a 50 feet wide fight &way); thence by
a curve to the right having a radius of 15.00 feet, an arc length of 23.56 feet with a chord
beating South 39 degrees 03 minutes 16 seconds East having a chord length of 21.21 feet
to a point on the northern right of way line of Chestnut Drive (a 50 feet wide right of
way); thence along said Chestnut Drive (a 50 feet wide right of way), South 05 degrees
56 minutes 44 seconds West a distance of 87.57 feet to a point on the Northern right of
way line of Chestnut Drive (a 50 feet wide fight of way), the point and place of
BEGINNING.
CONTAINING 15,337.01 Square Feet