HomeMy WebLinkAbout05-6012
. ,
<'
7L, O!,-- ~o I:::L /V) 1-0
STIPULATION AGAINST LIENS
Law Offices
SALZMANN HUGHES. PC
95 Alexander Spring Road, Suite 3, Carlisle, Pennsylvania 17013-3222
THIS AGREEMENT, made and entered into this
day of November, 2005 by and between
CHRISTOPHER J. BOLAN and PATRICIA A. BOLAN, of Cumberland County,
pennsyvlania, party of the first part (hereinafter called Owner),
AND
HARRY S. CLAYPOOL, III, of the Commonwealth of Pennsyvlania, pm1y 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 28 Pine Creek Drive, now known as 151 Pine
Creek Drive, Carlisle, North Middleton Township, Cumberland County, Pennsylvania,( see attached exhibit "A").
NOW THIS AGREEMENT WITNESSETH: That the Contractor for and 1n consideration of the contract aforesaid
and the consideration mentioned thereunder, a<;; well as the further consideration of One ($1.00) DoJlar 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 himselt: themselves, itself. hereby irrevocably authorizes and empowers any A1torney of any Court of Common
Ple,as 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 ufthe 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:
c3Af\~
CHRISTO'PHER . BOLAN
~~-
PATRICIA A. BOLAN
(SEAL)
(SEAL)
ATTEST:
7)1,(4
HARRY S. CLA YPO , III
(SEAL)
"'Contractor"
2
SCHEDULE C
LEGAL DESCRIPTION
,(l1itment Number: 5100-365
"
File Number: 5100-365
ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania,
designated as Lot No. 28 on the Final Subdivision Plan for Phase D of the Village 01 Cross Creek dated 4/15/05
" and recorded 6/24/05 in the Office 01 the Recorder 01 Deeds in and lor Cumberland County in Plan Book 90, Page
149, more particularly bounded and described, as follows:
BEGINNING at a point on the northern right-ai-way of Pine Creek Drive, said point being the southeastern corner
01 Lot #27; thence, along Lot #27 N 13 degrees 02 minutes 10 seconds West a distance 01 180.80 leet to a point;
thence, along Phase 3 01 The Village 01 Cross Creek South 81 degrees 29 minutes 38 seconds East a distance 01
124.97 feet to a point; thence, along Lot #29 South 04 degrees 51 minutes 43 seconds West a distance 01153.22
feet to a point on the northern right-ai-way of Pine Creek Drive; thence, along the right-ai-way by a curve to the
left having a radius 01 225.00 feet, an arc length 01 70.29 leet and a chord bearing 01 South 85 degrees 54
minutes 47 seconds West a distance 01 70.00 leet to a point, the place 01 BEGINNING.
STE'\-\'ART TITLE
GUARANTY COMPANY
!..")
,....,
c:.,~
c:'".)
"..1'1
!'-j
~;"':1
.-1
"T
["-n
D
~
~~
"
r,;
N
~
Cr,
-:>
G
c.,
""
\J\
-
"',
G
-
4
*"
0?
"'_.
C
~
?'v
~
~
\
P'
t
o
0,
'\