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HomeMy WebLinkAbout05-4811 1levs:. '-([II tnlJ) STIPULATION AGAINST LIEN'S THIS AGREEMENT made this ~ day of September, 2005, BY AND BETWEEN CRAIG K. MADDEN AND DONNA L. MADDEN (hereinafter called "Owners"), AND HOFFMAN'S CUSTOM CONTRACTING, INC. (hereinafter called "Contractor") . WHEREAS the said parties have by a duly executed Agreement bearing even date herewith, entered into a written contract for the erection and completion of a residential dwelling to be erected on Lot 28 Ashton Street, Subdivision Plan of Clarendon, Plan Book 77, Page 56, Dickinson Township, Cumberland County, Pennsylvania, a copy of the legal description attached hereto and made a part here of as Exhibit "A" in which Agreement the Contractor covenanted, promised and agreed that no mechanics' claim or liens should be entered and filed against the said building or buildings or any part thereof, or the curtilage or curtilages appurtenant thereto, NOW THIS AGREEMENT WITNESSETH: That Contractor for an in consideration of the awarding to him by Cwners of said contract as aforesaid, as well as the further consideration of One ($1.00) Dollar to him paid at or before the ensealing and deli very 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 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 material furnished under said contract 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, const:cuction and completion of said buildings as aforesaid, or under any contracts for extra work, or for work supplemental thereto, or otherwise AND in order to give the Owners full power and authori ty to protect themselves 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 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, it, or in his, their, its, name, mark satisfied of record at the cost and expense of the Contractor or of any Sub-Contracto:r or Materialsman, or Materialsmen, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Sub-Contractor or Materialsman, or 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, Term 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 and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals dated the day and year first above written. WITNESSES: CONTRACTOR: HOFFMAN'S CUSTOM CONTRACTING, INC. BY, ~fl~ OWNERS, ~ C~'MADOEN U --j).J DONNA L. MADDEN ALL THAT CERTAIN lot of land situate in Dickinson Township, Cumberlalid County, Pennsylvania, bounded and described in accordance with Subdivision Plan for Clarendon, prepared by Statler-Brehm Associates, Inc., dated June 10, 1998 consisting of 14 pages, a copy of which was recorded in the hereinaiter named Recorder's Office on August 19, 1998 in Plan Book 77, Page 56, which Su'bdivision Plan for Clarendon is incorporated herein by reference, as follows: BEGINNING at a point on the southern line of 50 feet wide Ashton Street at the dividing line between Lot Nos. 28 and 29; thence along :;aid southern line of said 50 feet wide Ashton Street South 57 degrees 03 minutes 52 seconds East a distance of 63.84 feet to a point; thence along the southern line of Ashton Street cuI-dc-sac by a curve to the right having a radius of 40.00 feet an arc distance of 51.18 feet to a point; thence still along said Ashton Street cul-de-sac, by a curve to the left: having a radius of61.00 feet an arc distance of 67.41 feet to a point at the dividing line between Lot Nos. 27 and 28, the following two course and distances: (1) South 32 degrees 58 minutes 08 seconds, East a distance of 148.93 feet to a point; and (2) South 48 degrc:es 27 minutes 35 seconds East a distance of 186.82 feet to a point in line of land now or formerly of Dennis L. Calaman and wife; thence along line of said land now or formerly of said Dennis L. Calaman and wife, South 57 degrees 03 minutes 52 seconds West a distance of 200.00 feet to a point at the dividing line between said Lot Nos. 28 and 29; thence along said dividing line between said Lot Nos. 28 and 29, North 32 degrees 56 minutes 08 seconds West a distance of 400.00 feet to a point; on the southern line of said 50 feet wide Ashton Street at the place of BEGINNING. THE ABOVE described lot of land is all of Lot No. 28 as shown on said Subdivision for Clarendon and contains a net area of61.435 square feet, more or less, and has a mailing address of 103 Ashton Street, Carlisle, Pennsylvania 17013. rt:J.- ~ ~ Y\ ~ ~ ~ "'- " ~ ~ 8 ~ -r:Jcn {!}rll .4:-.. ..~ -,.,.. r:: '"""'~ ~-, !;:O ~(") --0 >c ~ 1? ::==- t; r- '" <:> ::> '" <=> = en VI fTI -0 ~ ~Fl a~ ~.,.l 20 om ~ '< CJl -0 :::x <i! Cl o