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HomeMy WebLinkAbout05-3056 }co'J - ?o 5(1' rYh...-!) STIPULATION AGAINST LIENS Law Offices SALZMANN HUGHES. PC 9S Alexonder Spring Rood, Suite 3, COI'/isk, Pennsylvonia 17013-3212 TIllS AGREEMENT, made and entered into this I ty of Jooe, 2005 by and between JAMES S. MOYER AND MICHELLE L MOYER, husband and wife, of Cumberland COooty, Pennsyvlania, parties of the first part (hereinafter called Ovmer), AND BONNIE HEIGHTS HOMES, INC., of Cumberland County, Pennsyvlania, party of the second part (hereinafter called Contractor), WHEREAS, the said parties have by a duly executed written construction agreement ooder seal dated prior to execution hereof, for construction and improvements to property located Lot II Pine Road, Carlisle, Cumberland COooty, Peoosylvania,( see attached exhibit "A"), NOW TIllS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract aforesaid and the consideration mentioned thereooder, as well as the further consideration of One ($1,00) Dollar to him in hand paid by the Ovmer 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 moo. 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 fiunished ooder said contract or by any other party acting through or lmder 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 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 fiunished under the contract aforesaid. AND, in order to give the Owner full power and authority to protect himself and the lot or lots of groood 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 tar 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 all 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 grOlUld 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, Tenn 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 lUld 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 \mtten. WITNESSES PRESENT: ~ ~- tL~ ~k~ MIE 1. MO (SEAL) (SEAL) ATTEST) ~p--5.G~~r 2 ... SCHEDULE C LEGAL DESCRIPTION rnmitment Number: 5100-269 File Number: 5100-269 /;i;} /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 steel pin set in the center of the cartway of Pine Road (S.R. 3006), at the common point of adjoiner of Lots #10 and #11 with said cartway; thence departing therefrom and extending along Lot #10, South sixteen (16) degrees one (01) minute seventeen (17) seconds West, through a steel pin set on the southernmost legal right-of-way line of Pine Road, a distance of sixteen and forty-two hundredths (16.42) feet from the terminus of this call. for a total distance of five hundred twenty-three and ninety hundredths (523.90) feet to a steel pin at Lot #14; thence North sixty-seven (67) degrees twenty-four (24) minutes fifty-seven (57) seconds West, for a distance of one hundred seventy-four and sixty-six hundredths (174.66) feet to a steel pin at Lot #13; thence along Lot #13, North seventeen (17) degrees fifty-eight (58) minutes eighteen (18) seconds West, for a distance of fifty-seven and thirty-six hundredths (57.36) feet to a steel pin at Lot #12; thence North seventeen (17) degrees fifty-eight (58) minutes eighteen (18) seconds East. through a steel pin set on the southernmost legal right-of-way line of Pine Road, a distance of sixteen and thirty-five hundredths (16.35) feet from the terminus of this call, for a total distance of four hundred fifty-five and ninety-two hundredths (455.92) feet to a steel pin in the center of said cartway: thence in and through the center of said cartway by an arc or curve to the light having a radius of four thousand (4,000) feet, a chord of one hundred forty-nine and forty-four hundredths (149.44) feet on a bearing South seventy (70) degrees forty-five (45) minutes sixteen (16) seconds East, for an arc length of one hundred forty-nine and forty-five hundredths (149.45) feet to a steel pin in the center of the roadway at Lot #10, said pin marking the place of BEGINNING. 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