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HomeMy WebLinkAbout05-5029 ..:. t .,. ., ~. OS'- SO d.. 9 jYI.An STIPULATION AGAINST LIENS Law Offices SALZMANN, HUGHES & FISHMAN 95 Alexander Spring Road, Suite 3, Carlisle, Pennsylvania 17013-3222 THIS AGREEMENT, made and entered into this~?fay of September, 2005 by and between MICHAEL S. SYKES, of Cumberland County, Pennsyvlania, parties ofthe first part (hereinafter called Owner), AND LONE TREE, 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 under seal dated prior to execution hereof, for construction and improvements to property located Lot 1 East Creamery Road, Cumberland County, 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 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 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 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 or it and in his, their, its, name, mark satisfied ofrecord 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, 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 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 P s: T: t!:15~ (SEAL) (SEAL) 2 / '\ SCHEDULE C LEGAL DESCRIPTION commitment Number: 5100-340 File Number: 5100-340 // ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Final Subdivision, Phase II, Misty Meadows, dated January 24, 2003, last Revised April 16, 2003, prepared by Advantage Engineer Services, Inc., and recorded July 8, 2003, in the Office of the Recorder of Deeds, in and for Cumberland County, in Plan Book 87, Page 65, as follows to wit: BEGINNING at a point along the northern right-of-way of 50 foot wide East Creamery Road between a point along a right-of-way of 50 foot wide Springville Road (T -537) and Lot No.1, curve to the right having a radius of 16.00 feet a distance of 29.95 feet to a point; thence continiuing along a right-of-way of 50 foot wide Springville Road (T-537) and Lot No.1, curve to the right having a radius of 378.00 feet a distance of 126.57 feet to a point; thence along lands now or formerly of Albert E. Adams and Dorothea S. Adams, North 87 degrees 18 minutes 49 seconds West 120.43 feet to a point; thence along dividing line between Lot NO.1 and Lot No.2, North 01 degrees 14 minutes 01 West 132.05 feet to a point; thence continuing along the right-of-way line of said East Creamery Road with a South 89 degrees 26 minutes 55 seconds East 140.88 feet to a point and place of BEGINNING. s~r I~W AR~r '1~I 'I'lLE GUARANTY COMPANY 0 \,,:; ~~ ~ '?-- ot uJ --- vJ Y' " ..) -.b ~ c. ..I:.. ~ ;0 t ~ ~ . r ---------.--..----- . i ~._':'" ~ :.,.,( ~ .-\ ~~ fllC -d' ~ l -;;) q '};SJ'. ~ \:?- D. ~lo>- t5'" -.r.:;'>' ~ _ :.:z. cfJ ~ 'f}. ifI r" -0 "'" ()' -----...- .-