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HomeMy WebLinkAbout04-5673JOEL R. JACOBS AND DEBORAH F. JACOBS, Owner-Plaintiff LARRY V. NEIDLINOER, Contractor4)efendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MECHANICS' LIEN NO. O~- .q'Z,'/-~ n~ STIPULATION AGAINST LIENS The undersigned contractor, materialman or other entity or person furnishing services, labor or materials, known as LARRY V. NEIDLINGER, an adult individual (the "Contractor") intending to be legally bound, and in consideration oftbe sum of ONE AND NO/100 DOLLARS ($1.00) to it in hand paid by JOEL R. JACOBS AND DEBORAH F. JACOBS ("Owner") the receipt whereof is hereby acknowledged, for itself and any subcxmnac~rs, materialmen, laborers or anyone else acting through or under it, covenants and agrees that no mechanics or materialraen's liens or claims shall be filed or maintained by it, them or any of them, a~inst the real es*ate described in Schedule "A", attached hereto and made a part hereof, or against any buildings or other improvements thereon (jointly and severally, the "Real Estate"), for or on aet, ount of any work to be done or materia~ furnished under the principal contract between Owner and Contractor, dated November __, 2004, or under any supplemental contract, verbal or written, or contract for extra work or materials relating to and work to be done or material furnished under said principal commet. The undersigned, for itself, its subcontractors, materialmen, laborers and anyone else acting or claiming through or under it, hereby waives and relinquishes ali fight to file a mo:haMes' lien, claim or notice of intention to file any lien or claim against the Real Estate, The undersigned, for itself, its subcontractors, materialmen, laborers and anyone else acting under or through it, hereby irrevocably authorizes and empowers any attorney of any court of competent jurisdiction of the Commonwealth of Pennsylvama, or elsewhere, to appear as attorney for it, them or any of them, in any such court and, in its or their name or names, mark satisfied of record at thc cost and expense of the twatersigned, any and all claims, liens, any pleading or instrum~ or any amendment to any pleading or instrument previously filed by it or th~n, to incorporate therein as part of the record this waiver and for such act or acts this waiver shall be good ava sufficient vearrant and authority, and the undersigned for itself, and for them, does hereby remise, release and quit-claim all rights and all manner of errors, in filing such pleading, instrument or amendment, or in any way conc, eming them. Owner shall have the absolute right in their name(s) or in the name of the undersigned or any other emity or person who shall have filed a elaim or lien, to cause any and all such claims or liens to be discharged by any other instrum~ pleading or proceeding permitted at law or in equity. The undersigned hereby avers, represents and waman~ that no work has commenced on tiaa Real Estate and no labor or materials have been delivered to the Real Estate or furnished for the improvement of the Real Est_8!~ by the undersigned or by any subcontractor, materialman, laborer, or other person or entity, and that no authorization has yet been given by the Owner to the undersigned to commence work or purchase materials in connection with the Real Estate. This Stipulation is made and intended to be filed with the Cumberland County Prothonotary in accordance with the requirements of the Mechanics' Lien Law of 1963 of the Commonwealth of Pennsylvania IN WITNESS WHEREOF, the undersigned have caused this instrument to be duly executed as of the /! ~/~ day of November, 2004. Deborah F. Jacobs[~,~ (SEAL) (SEAL) (SEAL) SCHEDULE A (Attach Legal Description) ALL THAT CERTAIN tract of land situated in the Dickinson Township, Cumberland County, PA, being Lot No. 15-D, as shown on a Plan entitled, "Land Subdivision Plan for R. Wayne Jones," dated May 6, 2002, by Carl D. Bert & Associates, of Shippensburg, Pennsylvania, recorded in the Recorder of Deeds in and for Cumberland County in Plan Book 87, Page 140, being bounded and described as follows: BEGINNING at an iron pin along a private right of way at the dividing line between Lot No. 15-C and 15-D of the aforementioned plan; thence by said dividing line, North 49 degrees 27 minutes 27 seconds West 89.43 feet to an iron pm; thence by the same, North 24 degrees 21 minutes 06 seconds West 204.14 feet to an iron pin; thence by the same, North 58 degrees 16 minutes 20 seconds West 122.68 feet to an iron pin, thence by land now or formerly of David L. Hurston, North 85 degrees 26 minutes 25 s~onds East 476.55 feet to an iron pin; thence by the dividing line between Lot No. 15-D and 15-E of the aforementioned plan, South 05 degrees 31 minutes 38 seconds East 274.78 feet to a concrete monument; thence by a private right of way, South 84 degrees 28 minutes 22 seconds West 52.49 feet to a point; thence by the same by a curve to the left bearing a chord bearing of South 68 degrees 30 minutes 35 seconds West with a radius of 225.00 feet; an are length of 125.37 feet to a point; thence by the same by a curve to the right having a chord bearing of South 78 degrees 27 minutes 55 seconds West with a radius of 20.00 feet, an arc length of 18.09 to a point; thence by the same by a curve to the left having a chord bearing of South 72 degrees 27 minutes 46 seconds West with a radius of 60.00 feet, an arc length of 66.85 feet to an iron pin, the place of BEGINNING. CONTAINING a total area of 2.44971 acres. Aceess to Lot No. 15-D is via the private right ofway, LOt No.'s 15-B, 15-C and 15-D are, therefore subject to all '~Restfietions and/or Conditions Relating to the Private Right of Way" as shown on the aforementioned plan.