Loading...
HomeMy WebLinkAbout05-3406 ;POT) - 3Yov, rrlLD STIPULATION AGAINST LIENS Law Offices SALZMANN HUGHES. PC 95 Alexander Spring Road, Suite 3, Carlisle, Pennsylvania 17013-3222 TIllS AGREEMENT, made and entered into thi~ 5 -r day of July, 2005 by and between JOSEPH D. CENTOBENE, JR. AND MARIA R. CENTOBENE. busband and wife. of Cumberland County, Pennsyvlania, parties of the fIrst part (hereinafter called Owner), AND STRICKLAND BROTHERS CONTSTRUCTION., of Cumberland County, Pennsyvlania. 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 execution hereof. for construction and improvements to properly located Lot #5 Creek Road, Carlisle, Cumberland County, Pennsylvania,( see attacbed exhibit "A"). NOW TIllS 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 fwnished 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 sball not be any legal or lawful claim of any kind whatever against Owner for any work done or labor or materials fiunished under said contract for and about the erection, construction and completion of said buildings as aforesaid, or tmder 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 fiunished 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 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 Comt of Conunon Pleas of the Conunonwealth of Pennsylvania. to appear for him, them, it. or any of them. in any of the said Courts of Conunon 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 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 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, T enn and Nwnber 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, 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: (ld9t!d~ SEPH D. CENTOB~E (SEAL) rn GflJa..._lEfllf7io i:YJ J'1(l MARIA R. CENTOBENE (SEAL) STRICKLAND BROTHERS CONSTRUCTION~ /-LC- .,7J1'~_L) pJ~ ATTEST: "Contractor" 2 ? , '. / // / SCHEDULE C LEGAL DESCRIPTION File Numbe" 5100-290 commitment Number. 5100-290 ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Final Plan for Arthur R. Klinger Estate recorded September 11, 1974, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 25, Page 93, as follows, to wit: BEGINNING at an iron pin set on the southern line of the dedicated right of way of Creek Road (Township Road 497) at the northwest corner of Lot NO.6 as designated on the aforementioned Plan; thence by said Lot NO.6 South 20 degrees 16 minutes 40 seconds East, a distance of 181.32 feet to an iron pin set on the northern line of lands now or formerly of Carl W. Lehman; thence by same South 70 degrees 52 minutes 20 seconds West, a distance of 100.02 feet to an iron pin set on the southeastern corner of Lot NO.4 on said Plan; thence by said Lot No.4, North 20 degrees 16 minutes 40 seconds West, a distance of 179.31 feet to an iron pin set at the point of intersection of the southern line of the dedicated right of way of said Creek Road with the northeastern corner of said Lot No.4; thence by said line of said dedicated right of way North 69 degrees 43 minutes 20 seconds East, a distance of 100.00 feel to an iron pin set at the northwest corner of said Lot No.6, the point and place of BEGINNING. STEWART TITLE GUARANTY COMPA.NY ~ -F: "- " ~ ~ '\ ~ ~ >-.:l W ~ ,....) -- Y\ ~ a ~ ~ ~ ~ n - ~ rr \.() .,.. ....... ~ " .: ~ -;....., ~.) ~ ~ '" '" o f; ~},;j~" :? ~) j-":: 7:;'; ,.. -'C'.' j;;(:c: !-:.~ :j ~ en o ....., = ""', Con <- c.:: r- I 0"\ ~ :r fll:D r- -om -.,D ;-<.iT ,::>.~ ,..~ l._.J X-r' ('')2i ?~C) c5rn ;;! .J.) .< "a ::J.: lD ..