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Home My WebLink About05-0338 STIPULATIONS AGAINST LIENS , MARK X. DISANTO and JOHN M. DISANTO v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. NO. C}5331 M.L.D.Z. 2004 flllD Owner/Borrower TRIPLE CROWN CORPORATION, INC. Contractor l(\\V '\ .' .1.....( WHEREAS, by Agreement dated this --IL1- day. f '.', \L.' , 2004, Mark X. DiSanto and John M. DiSanto, ("Owner/Borrower") contract with Triple Crown Corporation, Inc., a Pennsylvania Corporation with principal place of business at 5351 Jaycee Avenue, Harrisburg, PA 17112, ("Contractor"), for work and services relating to the construction and construction supervision of a project upon the real estate described in Exhibit "A" and attached hereto and made a part hereof, and WHEREAS, the project is to consist of the construction of fifty. five (55) single family detached homes and associated site work, in Silver Spring Township, Cumberland County, Pennsylvania. WHEREAS, Lender has agreed to lend and advance certain funds to Owner/Borrower to finance such construction in consideration of, among other things, the execution of this Waiver. NOW THEREFORE, Contractor, INTENDING TO BE LEGALLY BOUND HEREBY, does hereby, for Contractor and for any and all contractor, materialmen, employees and parties acting or claiming for, through or under Contractor, covenant and agree with Owner/Borrower and their Lender that no mechanics' liens or claims shall be filed or maintained against the above-described real estate, or the building or improvements to be erected thereon, for or on account of any work done or materials furnished under said agreement or under any supplemental contract, verbal or written, or contract for extra work in or about the erections, construction and completion of said project, or otherwise; and Contractor, for Contractor and any and all subcontractors, materialmen, employees and parties acting or claiming through or under Contractor, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics' liens or claims against said real estate or building or improvements. This azreement 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, supervision and completion of the said project as to any work and labor done and materials furnished under said agreement. In order to give Owner/Borrower and their Lender full power and authority to protect the saic real estate and buildings against any and all mechanics' liens or claims, filed by Contractor anyone actin~ or c1aiminz for, through or under Contractor or in violation of this agreement Contractor, for itself anc all such aforesaid contractors, materialmen, employees and parties acting or claiming for, throuzh 0 under Contractor, hereby irrevocably authorizes and empowers any attorney of any Court of Commo! Pleas of the Commonwealth of Pennsylvania, or any attorney of any other court or jurisdiction there c elsewhere, to appear in any said courts or jurisdictions for Contractor and mark satisfied of record, a claim or claims, lien or liens filed by or for Contractor or in its or their name azainst the said real estah buildings; a copy of this Azreement, and a reference to the court, term and number or place in which th agreement and waiver shall have been filed shall be sufficient exhibit of the authority herein contained t warrant such action; and Contractor, for itself and all such parties, does hereby remise, release an quitclaim unto Owner/Borrower and their Lender, and their and each of their certain attorney or attorneys, any and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or anywise touching or concerning the same. This agreement and waiver is made and intended to be filed with the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, or other proper place in which the above described lands are located. lt is expressly understood that the foregoing waiver and all of the provisions and remedies herein contained shall be available to and for the protection of Owner/Borrowers Lender, mortgages of said premises, its successor or assigns. In the event Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, firms or corporations shall be joint and several, and the word "Contractor" shall mean all or some or any of them. For the purposes of this agreement and waiver, the singular shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require. IN WITNESS WHEREOF, Contractor has hereunto signed and sealed this J, cJ4. day of ~,2004. . WITNESS: OWNER/BORROWER: .~ '\ " I I, /} I ~t~~ )) I' 'J \ u \.) h11 JYI 'J / . . \ BY: MARK X. DISANT i I \ '...,... , , WITNESS: CONTRACTOR: TRIPLE CROWN CORFO "') 'Jll... ..... .l~;1j y\ 2 EXHIBIT "A" ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, being proposed Lot 1 on the Subdivision Plan of the Lehman Tract recorded October 20, 2004 in Plan Book 89, Page 126, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western right-of-way line of Rich Valley Road (SR 1009), said point being located on the line-of-adjoiner between proposed Lot 2 and proposed Lot 1 herein to be described; thence from said point of beginning along said proposed Lot 2 and proposed Lot 4 South 68 degrees 24 minutes 38 seconds West, a distance of 1305.35 feet to a point; thence along lands now or formerly of Cumberland Valley School District North 24 degrees 10 minutes 44 seconds West, a distance of 1173.68 feet to a point; thence along lands now or formerly of Susquehanna Conference of the Brethren in Christ Church North 64 degrees 46 minutes 10 seconds East, a distance of 1269.82 feet to a point on the western right-of-way line of Rich Valley Road (SR 1009); thence along the said western right-of-way line of Rich Valley Road (SR 1009) the following seven (7) courses and distances: (1) South 20 degrees 13 minutes 13 seconds East, a distance of 530.59 feet to a point; thence (2) South 22 degrees 40 minutes 04 seconds East, a distance of 50.08 feet to a point; thence (3) South 18 degrees 35 minutes 32 seconds East, a distance of 99.25 feet to a point; thence (4) along the arc of a curve curving to the left having a radius of 667.84 feet an arc length of 208.87 feet to a point; thence (5) south 36 degrees 30 minutes 43 seconds East, a distance of 169.45 feet to a point; thence (6) along the arc of a curve curving to the right having a radius of 1970.00 feet an arc length of 196,84 feet to a point; thence (7) south 30 degrees 47 minutes 14 seconds East, a distance of 10.49 feet to a point; the place of BEGINNING. CONTAINING 1,516,908 square feet (34.82 acres, more or less) UNDER AND SUBJECT to the following covenant which shall run with the land and shall be enforceable by Grantors and their heirs, successors and assigns by legal action, including but not limited to an action for injunctive relief: Grantees and their successors and assigns shall maintain the cemetery located on or within the premises herein conveyed in its current condition either by deed restriction or covenant of a homeowners' association. BEING part of the same premises which Simon A. Lehman, Jr. and Betty G. Lehman, his wife, by deed dated June 17, 1992 and recorded June 18, 1992 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 35-S, Page 833, granted and conveyed unto P. Kenneth Lehman and Phyllis J. Lehman, his wife. v ~ VJ ~ V) c o l':: =6 s:. <1"1 C"'- -3 C'l -::r- .. -...3 - ct 0 4:::J ";.~-': Q, ~:,:; C'> - -J!:- () cl .:~( ::j j -:UJ .....- cJ _1-- ~<-( 1- -, , -C Q) .- ~ U._ u......, U o7J C) C':~ <:_~---; ,-. 0 -~ ~ ~ \f) --- it: (J V c:::x:: ~