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HomeMy WebLinkAbout05-3021 .' .' {)S' - 26d./ 117L..D I~ STIPULATION AGAINST LIENS Law Offices SALZMANN HUGHES, PC 95 Alexa"der Spring Road, Suite 3, Carlisle, Pennsylvania 17013-3222 ~+ THIS AGREEMENT, made and entered into this \ day of June, 2005 by and between FRANCES D. CRIDER, of 329 Airport Road, Shippesnburg, Cumberland County, PelUlsyvlania, parties of the first part (hereinafter called Owner). AND COUNTRY SIDE VILLAGE HOMES, INe., of Cumberland COlmty, PelUlsyvlania, party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed written construction agreement under seal dated prior to execntion hereof, for construction and improvements to property located 329 Airport Road, Shippensbnrg, Cumberland COlmty, Pennsylvania,( see attached exhibit "A"). 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 sub-contractor, materialmen 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 sub-contractors, materialmen, and laborers on said work shall look to and hold Contractor personally liable for all sub- contracts, 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 othernise. 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 flUllished 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 grotuld 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 appear for him, them, it, or any of them, in any of the said Courts of Common Pleas as Attorney 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 Sub-Contractor or Materialman, or Material men, any and an claims or claim, lien or liens, filed by or for the Contractor, or any Sub-Contractor or Material man, 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, renn and Number in which and where this Agreemenr 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, defects and imperfections whatsoever in entering such satisfaction or in any- wise 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. WITNESSES PRESENT: (' [?o/ --a ~f1jfl~ JJ {~W CES D. CRIDER (SEAL) ATTEST: COUNTRY SIDE VILLAGE HOMES, INC. 2 SCHEDULE C LEGAL DESCRIPTION Commnment Number: S100-259 File Number: S100-259 ALL THAT CERTAIN lot of ground situate in Southampton Township, Cumberland County, Pennsylvania, more particularty bounded and described as follows: BEGINNING at a railroad spike set in the center of Legislative Route 21008 at comer of other lands now or formerly of Edith R. Meck, known as Lot NO.1 in the hereinafter described subdivision plan prepared by Kissinger and Wolfe, R.S., dated June 7, 1978, to be conveyed to James A. Forest, Jr. and Sung C. Forest, his wife; thence along the center of said Legislative Route 21008 South eighty-seven (87) degrees fifty-seven (57) minutes (00) seconds East two hundred forty (240.00) feet to a railroad spike set in the center of said roadway; thence by lands now or formerly of Arthur A. Rebuck South twenty (20) degrees twelve (12) minutes thirty-eight (38) seconds East two hundred seventy-nine and forty-one hundredths (279.41) feet to an existing post; thence by land now or formerly of Olive L. Martin North eighty-eight (88) degrees fifty (50) minutes forty-four (44) seconds West three hundred thirty-two and seven hundredths (332.07) feet to an iron pin; thence by other lands now or formerly of Edith R. Meck North zero (00) degrees fifty-seven (57) minutes zero (00) seconds West thirty-nine and fifteen hundredths (39.15) feet to an iron pin; thence by other lands now or formerly of Edith R. Meck, above referred to as Lot NO.1 and about to be conveyed to James A. Forest, Jr. and Sung C. Forest, his wife, North zero (00) degrees fifty-seven (57) minutes zero (00) seconds West two hundred twenty-five (225.00) feet to a railroad spike set in the center of said Legislative Route 21008, the place of BEGINNING. ST"'~WAR'r TITLE GUARANTY COMPANY 7\::) ~ ~ 0 "', c ~ ~ " --,- c:> tt .Lrt ;~~,~..;' c.n t:t. <- ~-n \) c:: ~/' ....c '- () _(jJ.J -oF;; -- r~:' ,0" w :u6 i" c::> ~ ~c '. ~~1-"1' ~ > !0 0 :f~~~.' ::::;;: ?)-d '7('') 0 '!? om :J .:,--, "\J --- C> ~i3 w -< ::t::> r: G? ~ ~ if)- ~ ~