HomeMy WebLinkAbout05-5813
)J(j)J~ '5't13 fnL':)
STIPULA nON AGAINST LIENS
Law Offices
SALZMANN HUGHES. PC
95 Alexander Spring Road, Suite 3, Carlisle, Pennsylvania 17013-3222
THIS AGREEMENT, made aod entered into this
day of October, 2005 by and between
SHIRAZ Y. VAKHARIA AND ZARA DEE MEHTA, Husband and wife, of Cumberland County, pennsyvlania,
parties of the first part (hereinafter caned Owner),
AND
JIM MILLER CUSTOM BUILDERS, INC.. of tbe Commonwealtb of Pennsyvlania, party of tbe 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 41 Walnut Point, 47 Stone Run Drive,
Mechanicsburg, 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 shan 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 tor 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 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.
s;:'''~
~~
~
I KH A
~~
ZARA DEE MEHTA
OCT 3r~f;L)
(SEAL)
ATTEST:
JIM MILLER CUSTOM BUILDERS, INC.
By:
JIM MILLER
(SEAL)
hContractor"
2
10-31-'05 17:32 FROM-Salzmann Hughes, PC
7172497334
T-260 P03/05 U-924
Contnu:lor, or any Sub-Contnu:lor or MaleriaI man, Or In bis or their name against said building or buildings. lot or lots of
lll'Ound or any part thereof and for SUCh llCt or acts this shsIl be good and suffklcnt warrant 000 authority, and a reference to the
Cowl, Ttrm and Number In which 000 where this Agreement shall have been file\! sba1l be a sufficient exhibit of the Authority
herein contallU!d to warrant such action, and the Contnu:lor for himselt; themselves, illlelt; do hereby remise, reloa&e IlIl4 qui'.
claim 011 rigblll and 011 DWII1cr of errors, defects and imperfections Miatsoever In entering slloh 98tis!llction or In any. wise
touc!>iDg or cotICCl1llng the some.
written.
IN WJTNl:SS WHEREOF, the said parties have hereunto set their bands and s.oIs dat.d the day and year r... obov.
WITNESSES I'llESENT:
SlIlRAZ
(SEAL)
(SEAL)
ZARA DEE A
ATTEST:
JIMM
USTOM BUILDERS, INC.
&L)
By:
JIM MILLER
~Coldltr.do~
2
....
...andAmerica
~ Lawyers Title
Case No. 05.576JH
SCHEDULE A
- continued -
I.EGAI. DESCRIPTION
,
ALL that certain lot, tract or parcel of land localed in Silver Springs Township, Cumberland County Pennsylvania,
bounded and described as follows to wit:
BEGINNING at a point on the southem right--of-way line of Stone Run Drive, said point being located South
seventy-eight degrees, five minutes, zero seconds East (S 78 degrees 05 minutes 00 seconds E), a distance of
two hundred ninety-six and ninety-two hundredth feel (296,92 feet) from the centerline projected of Spring View
Court; thence from said point of BEGINNING, by the southern right-of-way line of Stone Run Drive South seventy.
eight degrees, five minutes, 2ero seconds East (S 78 degrees 05 minutes 00 seconds E), a distance of eighty-fNe
feet (85,00 feet) to a point; thence by Lot No. 42 South eleven degrees, fifty-five minutes, zero seconds West ( S
11 degrees 55 minutes 00 secondS W), a distance of one hundred thirty-five feet (135.00) to a point: thence by
Open Space No, 3, North seventy-eight degrees, five minutes, zero seconds East (N 11 degrees 55 minutes 00
seconds E), a distance of one hundred thirty-five feel (135,00) to a point, the place of BEGINNING, Saicltract
contains 11,475.00 square feet or 0.2634 acres,
BEING a portion of that tract of land which M, John and Lloyd J, Edris conveyed unto Harold stoner as recorded
in the Office of the Recorder of .Deeds of and for Cumberland County in Record Book 138 Page 51B <lrod being
Lot No. 41 as shown on a Final Subdivision Plan for Walnut Point, Phase II for Harold Stoner, as recorded in the
Office of the Recorder of Deeds of and for Cumberland County in PI,m Book 65, Page i.
SChedule A. Pege 2 Commitment Nc. OS.S76JIi
This commltm81'1t 1t; Invalid unless the InfClrmat;on
Sheet and Se:hedules A and 6 are attached
~
-
~
8'
~
(:-;
i"\-
'-
\))
-<...\
~
'\
~
-,
VI
()I
">
.~
~
~
~
-
'rT',
~
rr-
.....,
C:}
c:.~:>
en
~)
-~
...'--~
~~~~
o
-n
-1
:;::ell
Illl_'-~";;
rn
C-:i
C)
:,'2 ?_:~
(:~) r{,
. ~
~Q
I
C?
?:-;-:
o
1'.)
f'...J