HomeMy WebLinkAbout06-0968
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STIPULA TION AGAINST LIENS
Law Offices
SALZMANN HUGHES, PC
354 Alexander Spring Road, Suite J, Carlisle, Penmylvania 17013-3222
THIS AGREEMENT, made and entered into this
day of February, 2006 by and between
DOUGLAS R. ROOF AND NANCY K. GELBAUGH, of Perry County, Pennsyvlania, party of
the first part (hereinafter called Owner),
AND
Y ANEK CUSTOM HOMES, INC., of the Commonwealth of 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 7 Martin Road, Monroe Township,
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 tiled 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 subwcontracts. 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 vv"Ork 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 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, tiled by or for the
....
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 Suh-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 tor such act or acts this shall be good and sullicient \varrant 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, itselI: do hereby remise, release and quit-
claim all rights and all manner of errors, defects and imperfections whatsoever in entering sl1ch 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.
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SCHEDULE C
LEGAL DESCRIPTION
Commitment Number: 5100-399
File Number: 5100-399
ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and
described as Lot 7 according to Final Subdivision Plan of Noss Farm for Raymond Diehl prepared by Larry V.
Neidlinger, P.E., August 24, 1977 and recorded in Cumberland County, Pennsylvania in Plan Book 35, Page 128,
as follows:
BEGINNING at a point on the dedicated right of way line of Martin Road (T-553) at a common corner of Lot NO.8
as shown on the above referenced subdivision plan, thence along said Lot No.8, North 87 degrees 30 minutes 00
seconds West a distance of 200.00 feet to a point at lands of the grantor herein; thence along lands of the grantor
herein (Tract NO.1 as shown on the aforementioned subdivision plan) North 02 degrees 30 minutes 07 seconds
East a distance of 100.00 feet to a point at a common corner of Lot No.6; thence along said Lot NO.6 South 87
degrees 30 minutes 00 seconds East a distance of 200.00 feet to a point on the dedicated right of way line of the
aforementioned Martin Road (T-553); thence along the dedicated right of way line of the aforementioned Martin
Road South 02 degrees 30 minutes 00 seconds West, a distance of 100.00 feet to a point, the place of
BEGINNING.
S'l~EWAR'r 'rITLE
GU A RA NTY COMPA NY
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