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HomeMy WebLinkAbout14-6470 TH-E R'0THO?1'b_)AiY 2014 NOV —6 AM 8: 41 `STIPULATION AGAINST LIENS CUMBERLAND COUNTY PENNSYLVANIA Steven N. Sheaffer IN THE COURT OF COMMON PLEAS Owner CUMBERLAND COUNTY, PENNSYLVANIA V. David J. Raudabaugh d/b/a David J. Raudabaugh Building & Remodeling, Contractor This instrument is executed this 3`d day of November, 2014, by David J. Raudabaugh d/b/a David J. Raudabaugh Building & Remodeling ("Contractor") in favor of Steven N. Sheaffer ("Owner") BACKGROUND: I Contractor is a contractor or subcontractor within the meaning ofthe Mechanics'Lien Law of 1963. 2. On or about the date hereof, Owner has or will be executing a contract with Contractor (the "Contract") for construction, renovations or improvements construction of a town home upon a lot of land situate in the Township of South Middleton, Cumberland County, Pennsylvania, being commonly referred to as Lots 7, 8 9 & 10 along Sable Drive, Carlisle, PA 17013, and as more fully described in the legal description attached hereto and incorporated herein as Exhibit "A" (the "Property"). 3. Contractor has, by this instrument and the promises contained herein, covenanted, promised and agreed that no mechanics' lien or materialmen's lien shall be filed or maintained against the estate or title of Owner in the Property or any part thereof, or the appurtenances thereto, either by itself or anyone else acting or claiming through or under it for or on account of any work, labor or materials supplied in the performance of the work under the Contract or under any supplemental contract or for extra work. NOW,THEREFORE,in consideration of the Contract and the covenants of Owner therein contained, and the sum of one dollar($1.00)paid in hand to Contractor,the receipt and sufficiency 0 0 fal 1pwko 1) 4;W 100 z r of which are hereby acknowledged, and intending to be legally bound hereby: 1. Contractor, for itself and anyone else acting or claiming through or under it, does hereby waive and relinquish all right to file a mechanics' lien or materialmen's lien, or notice of intention to file any lien, and does hereby covenant, promise and agree that no mechanic's lien or other lien of any kind whatsoever shall be filed or maintained against the estate or title of Owner in the Property or the appurtenances thereto, by or in the name of Contractor, or any subcontractor, materialman or laborer acting or claiming through or under for work done or materials furnished in connection with the Contract or by any other party acting through or under them or any of them for and about the Property or any part of it. 2. This agreement waiving the right of lien shall be an independent covenant by Contractor and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in connection with the above-described project on the Property to the same extent as any work and labor done and materials furnished under the Contract. 3. To give Owner full power and authority to protect itself,the Property, the estate, or title of Owner therein, and the appurtenances thereto, against any and all liens filed by Contractor or anyone acting under or through it in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania (i) to appear as attorney for it, them or any of them, in any such Court, and in its or their name or names,to the extent permitted by law,mark satisfied of record at the cost and expense of Contractor or of any subcontractor or materialman, any and all lien or liens, filed in violation of the foregoing covenant,or(ii)to cause to be filed and served in connection with such lien or liens any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, and to incorporate therein,as part of the record,the waiver contained in this instrument; and for such act or acts this instrument shall be good and sufficient warrant and authority. A reference to the court,term and number in which and where this agreement shall have been filed shall be conclusive evidence of the authority herein to warrant such action,and Contractor, for itself and for them, hereby remises, releases and quitclaims all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way concerning them. In the event anyone acting through or under Contractor shall so file a lien in violation of the foregoing covenant, Owner may not exercise its rights under this Paragraph 3 unless such lien has not been stricken or discharged (by payment, posting of a bond, or other means) for a period of ten (10) days after notice of such lien shall have been received by Contractor. 2 A IN WITNESS WHEREOF, Contractor and Owner have executed this instrument as of the day and year first above written. Signed, Sealed and Delivered in the presence of David J. Raudabaugh d/b/a David J. Raudabaugh Building & Remodeling, Contractor OK even N. Sh affer wne COMMONWEALTH OF PENNSYLVANIA ) ): ss. COUNTY OF Q PM Wood ) On this,the 61A day of November, 2014, before me, a Notary Public,personally appeared David J. Raudabaugh d/b/a David J. Raudabaugh Building & Remodeling, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In witness whereof I have hereunto set my hand and notarial seal. I - Not ry Public COMMONWEALT OF PEN SYLY NI NOTARIAL SEAL Anjanette S.Appleby,Notary Public Carlisle Boro,Cumberland County My Commission Expires Aug.27,2018 MEMBER,PENNSYLVANIA-ASSOCIATION OF NO IE8 3 COMMONWEALTH OF PENNSYLVANIA ) ): ss. COUNTY OF CUMBERLAND ) On this, the 5 day of November, 2014, before me, the undersigned officer, personally appeared, Steven N. Sheaffer, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) Noaly Public COMM QNWEALTH OF PENNSYLV N NOTARIAL SEAL Anjanette S.Appleby,Notary Public Cadlsls BOrO,Cumberland County My Commission Expires Aug.27,2018 MEMBER,PENNSYLVANIA ASSOCIATION OF NOT RIES 4 r Exhibit "A" (Legal Description) ALL THOSE CERTAIN tracts of unimproved land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with the Final Subdivision/Land Development Plan, Proposed site/Subdivision for Sable Chase, prepared by Madden Engineering Services, Inc., dated January 24, 2006 and recorded October 17, 2006, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 93, Page 40, as follows: TRACT 1: BEGINNING at a point along the northwestern side of Sable Drive (a 50 foot wide proposed right of way) at the dividing line between Lots 7 and 8 of the aforementioned Plan; thence continuing along same, South 62 degrees 07 minutes 37 seconds West, a distance of 104.41 feet to a point at the dividing line between Lots 7 and 6 of the aforementioned Plan; thence continuing along same North 27 degrees 49 minutes 30 seconds West, a distance of 65.12 feet to a point at the dividing line between Lots 7 and 8 of the aforementioned Plan; thence continuing along same, North 77 degrees 21 minutes 18 seconds East, a distance of 114.99 feet to a point along the southwestern side of Sable Drive (a 50 foot wide proposed right of way); thence continuing along same by a curve to the left, having a radius of 225.00 feet, an arc length of 35.57, a chord bearing of South 17 degrees 10 minutes 26 seconds East, a chord length of 35.53 feet to the point and place of Beginning. CONTAINING 5,420 square feet and being all of Lot 7 on the aforementioned Plan. TRACT 2: BEGINNING at a point on the southwestern side of Sable Drive (a 50 foot wide proposed right of way) at the dividing line between Lots 8 and 9 of the aforementioned Plan; thence continuing along same, South 62 degrees 07 minutes 37 seconds West, a distance of 103.13 feet to a point at the dividing line between Lots 6 and 8 of the hereinafter mentioned plan; thence continuing along same, North 27 degrees 49 minutes 30 seconds West, a distance of 24.00 feet to a point at the dividing line between Lots 8 and 7 of the aforementioned Plan; thence continuing along same, North 62 degrees 07 minutes 37 seconds East, a distance of 104.41 feet to a point along the southwestern side of Sable Drive (a 50 foot wide proposed right of way); thence continuing along same by a curve to the left, having a radius of 225.00 feet, an are length of 24.05 feet, a chord bearing of South 24 degrees 45 minutes 53 seconds East, a chord length of 24.04 feet to the point and place of Beginning CONTAINING 2,585 square feet and being all of Lot 8 on the aforementioned Plan. TRACT 3: BEGINNING at a point on the southwestern side of Sable Drive (a 50 foot wide proposed right of way) at the dividing line between Lots 9 and 10 of the aforementioned Plan; thence continuing along same, South 62 degrees 07 minutes 37 seconds West, a distance of 104.41 feet to a point at the dividing line between Lots 9 and 6 of the aforementioned Plan; thence continuing along same, North 27 degrees 49 minutes 30 seconds West, a distance of 24.00 feet to a point at the dividing line between Lots 9 and 8 of the aforementioned Plan; thence continuing along same, North 62 degrees 07 minutes 37 seconds East, a distance of 103.13 feet to a point along the southwestern side of Sable Drive (a 50 foot wide proposed right of way); thence continuing along same by a curve to the left, having a radius of 225.00 feet, an arc length of 24.04 feet, a chord bearing of South 30 degrees 53 minutes 16 seconds East, a chord length of 24.03 feet to the point and place of Beginning.1 CONTAINING 2,585 square feet and being all of Lot 9 on the aforementioned Plan. TRACT 4: BEGINNING at a point along the southwestern side of Sable Drive (a 50 foot wide proposed right of way) at the dividing line between Lots 10 and 11 of the aforementioned Plan; thence continuing along same, South 46 degrees 59 minutes 18 seconds West, a distance of 115.00 feet to a point at the dividing line between Lots 6 and 10 of the aforementioned Plan; thence continuing along same,North 27 degrees 49 minutes 30 seconds West, a distance of 64.98 feet to a point at the dividing line between Lots 9 and 10 of the aforementioned Plan; thence continuing along same,North 62 degrees 07 minutes 37 seconds East, a distance of 104.41 feet to a point along the southwestern side of Sable Drive (a 50 foot wide proposed right of way); thence continuing along same by a curve to the left, having a radius of 225.00 feet, an arc length of 35.59 feet, a chord bearing of South 38 degrees 28 minutes 50 seconds East, a chord length of 35.55 feet to the point and place of Beginning, CONTAINING 5,413 square feet and being all of Lot 10 of the aforementioned Plan. BEING PART OF THE PREMISES Welubhi Housing Group, LLC, a Pennsylvania limited liability company, by Deed dated October 17, 2006, and recorded October 19, 2006, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Deed Book 277, Page 987, granted and conveyed to Steven N. Sheaffer.