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Home My WebLink About04-6032NOU-29-2004 09:50 GUTHRIE NONEMAKER STIPULATION AOAINST, L, ,tENS KNOW ALL IVIEN BY THESE PRESENTS, THAT: 717 632 5734 WHEREAS, Russ Wilson and Company, of Carlisle, Pennsylvania, (hereinafter called "Contractor"), has executed mi agreement ("Contract") to erect, construct, alter or repair improvements (the "Work") upon the property ("Property") of Michael A. Smith and Melissa Sponseller, (hereinafter called ("Owner") located in Dickinson Township, Cumberland County, Pennsylvania, (the Property being more particularly described in Exhibit "A" annexed hereto). WHEREAS, as part of the Contract, Contractor agr~d thal: no lien shall be filed against the Property or any building or improvements thereon by itself or by any subcontractor or materialman or any other person furnishing labor or materials und~,-r the Contract, and agreed to execute and deliver a Waivm' of Lit'ns for filing. NOW, THEREFORE, in consideration of the execution of the Contract, Contractor, intending to be legally bound hereby, for Contractor, for all subcontractors of Contractor, and for all parties acting for, through or under Contractor or any subcontr/~ctor, covenant~ and agrees that no mechanics' lien or claim shall be fi led or maintained by Contra~:tor or any such subcontracWr or party, against any part of the Property or any building or improvements thereon, for or on account of any labor or materials furnished or any work done under the Contract, or in or abont the erection, construction, installation or completion of the work; :md Contractor, for Contractor, for any and all subcontractors and for any and all parties acting £or, through or under ContracWr or any subcontractor, hereby waives and reli~luishes the fight to b. avc, file or maintain any mechanics' lien or claim against any part of the Property or any building or improvements thereon. P. 02/04 NOV-29-2004 09:50 GUT~'IE NONEMAKER ?17 632 57J4 P.OJ×B4 Conlractor hereby warrants and represents that at the time of the execution hereof, no work ofany kind has be~n done and no labor or materials have been furnished by Contractor, or by any subcontractor of Contractor, or by any person acting for, through or under Contractor or any subcontractor in the performance of the Contract, in or about tile completion of the construction of the Work. This Waiver is made by Contractor and intended to be filed in accordar~ce with thc requirements of the (Pennsylvania) Mechanics' Lien Law of 1963, ~ mnended and supplemented, with the Prothonotary of the Court of Common Plexus of the County in which the Property is located. Each of the terms, provisions, covenants and conditions of ~:his Waiver shall, as the case may be, be binding upon and inur~ to the benefit of Owner, Conlractor, each subcontractor of Contractor, and each party acting for, through or under contractor c~r such subcontractor, and the respective heirs, executors, administrators, successors and assigns of each and any of them. IN WITNESS WHEREOF, Contractor and Owner have duly executed this instrument as X_Od y , Lenny CContra~tor') (Michael A. Smith) (M~lissa S~on s~ll~ri ("Owner") 2 Stewart Title Guaranty Company Commitment Number: 04T697 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN tract of land, situate in the Township of Dickinson, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point in the centerline of Pine Road (S.R. 3006), at the common point of adjoiner of the within described tract, the center of Pine Road and lands of United Telephone Company of Pennsylvania; thence departing from Pine Road, and extending along lands of United Telephone Company the following two courses and distances: South eight (08) degrees fifty-seven (57) minutes twenty (20) seconds East, for a distance of eighty and forty-one hundredths (80.41) feet to a steel pin; thence North eighty-three (83) degrees twelve (12) minutes five (05) seconds East, for a distance of fifty-four and ninety-nine hundredths (54.99) feet to a steel pin at lands now or formerly of William E. Demuth; thence extending along said land, South eight (08) degrees fifty-five (55) minutes eight (08) seconds East, for a distance of three hundred seventy-eight and seventy-three hundredths (378.73) feet to a steel pin at Lot #5; thence along same, South eighty-six (86) degrees forty-eight (48) minutes eleven (11 ) seconds West, for a distance of two hundred five and seventy-four hundredths (205.74) feet to a steel pin at Lot #4; thence extending along Lot ~4, North eight (08) degrees fifty-six (56) minutes forty-seven (47) seconds West, through a steel pin set on the southernmost legal right-of-way line of Pine Road a distance of seventeen and twenty-four hundredths (17.24) feet from the terminus of this call, for a total distance of four hundred forty-five and eighty-nine hundredths (445.89) feet to a pin in the centerline of Pine Road; thence extending through the centerline of Pine Road, North eighty-three (83) degrees four (04) minutes twenty-nine (29) seconds East, for a distance of one hundred fifty and two hundredths (150.02) feet to a steel pin at lands of United Telephone Company of Pennsylvania, said pin marking the place of BEGINNING. CONTAINING 1.969 acres to the right-of-way line, or 2.027 acres to the property line, being designated as Lot #3, all in accordance with a plan of subdivision of Denise Meadows, prepared for Harry H.. Fox, Jr., by Shelly & Witter, Inc., P.L.S., dated August 2002, and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, page 56. ALTA Commitment Schedule C (04t697/O4T697/21)