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HomeMy WebLinkAbout13-5439 o 1 STIPULATION AGAINST LIENS THIS AGREEMENT, made and entered into this eday of 2013, by and between JESSICA A. HOCKERSMITH and JASON W. NEIDIGH, of Carlisle, Pennsylvania, parties of the first part (hereinafter called "Owner "), AND �z RINE & RINE BUILDERS, INC., with its principal offices located at ca 1060 5• r ffie546C D -4/e Shippensburg, PA, party of the second part (herei n4f called "Contractor: "). rn cn x M cn� fir. WHEREAS, the said parties have by a duly executed written constructiog> —s agreement under seal, dated for construction and improvemRo �. F -. property located at 459 Shed Road, Newville, Cumberland County, Pennsylvanm s see:f forth at Instrument No. ' O and more particularly describeAghe � attached Exhibit "A ". C 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 ONE ($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 the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any subcontractor, materialman 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 subcontractors, materialmen, and laborers on said work shall look to and hold Contractor personally liable for all subcontracts, 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 otherwise. AND this Agreement waiving the right of lien shall be an independent covenant and shall operate 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 Owner 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 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 �� 73 � appear 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 Subcontractor or Materialman, or Materialmen, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Subcontractor or Materialman, or in his or their name against said building or buildings, lot or lots of ground or any part thereof and for such act or acts this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which and where this Agreement shall have been filed shall be a sufficient exhibit 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, defect and imperfections whatsoever in entering such satisfaction or in anywise 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 written. WI ESS: w ' (SEAL) e ica A. Hockersmith, Owne (SEAL) ason W. N ' igh, Ow/ er ATTEST: Rine & Rine Builders, Inc. (SEAL) Darrin G. Rine, Contractor EXHIBIT "A" ALL THAT CERTAIN lot of ground situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan for Jay E. Spahr, prepared by Eric L. Diffenbaugh, Professional Land Surveyor, consisting of 8 pages and recorded in the hereinafter named Recorder'd Office as Instrument No. 200821776, as follows: BEGINNING at a point on the southern line of a proposed 50 feet wide private right -of -way at the dividing line between Lot No. 3 and Lot No. 4; thence along the eastern line of said proposed 50 feet wide private right -of -way, North 34 degrees 34 minutes 18 seconds East a distance of 50.00 feet to a point on the southern line of Lot No. 5; thence along the dividing line between said Lot No. 4 and Lot No. 5, South 55 degrees 25 minutes 42 seconds East a distance of 93.47 feet to a point on the western line of lands now or formerly of Walter Family Trust, Trustee; thence along line of said land now or formerly of Walter Family Trust, Trustee, the following three (3) courses and distances: (1) South 10 degrees 25 minutes 26 seconds West a distance of 64.38 feet to a point; (2) South 38 degrees 03 minutes 33 seconds East a distance of 429 feet to an existing iron pin; and (3) South 28 degrees 33 minutes 01 seconds West, a distance of 41.92 feet to an existing iron pin at corner common to lands now or formerly of Nathan E. and Lori J. Chronister, and lands now or formerly of Kimberly A. Goodman and Lot No. 4; thence along the northern line of said lands now or formerly of Kimberly A. Goodman, North 72 degrees 17 minutes 48 seconds West a distance of 379.41 feet to an existing iron pin; thence still along line of lands now or formerly of Kimberly A. Goodman, North 55 degrees 25 minutes 42 seconds West a distance of 65.00 feet to a point at the dividing line between said Lot No. 3 and said Lot No. 4; thence along said dividing line between said Lot No. 3 and said Lot No. 4, North 14 degrees 28 minutes 58 seconds East a distance of 307.30 feet to a point on the southern line of said proposed 50 feet wide private right -of -way at the place of BEGINNING. THE ABOVE described Lot of land is all of Lot No. 4 as shown on said Final Subdivision Plan for Jay E. Spahr, recorded as aforesaid, and contains a total area of 2.1468 acres. BEING the same premises which Michael E. Spahr, single man, by his Deed dated September 13, 2013 and recorded September 17, 2013 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania at Instrument No. 201330702, granted and conveyed unto Jessica A. Hockersmith, single woman, Jason W. Neidigh, single man.