HomeMy WebLinkAbout02-1305 STIPULA TION A GAINST LIENS
THIS AGREEMENT made the ~afq%ay of March, 2002, by and between,
ROBERT J. COLDSMITH, III, builder, of 137 Pine Tree Drive, Newville, Pennsylvania,
hereinafter referred to as Contractor,
AND
JEFFREY $. COLDSMITH and KIMBERL YA. COLDSMITH, husband and wife, 98 Doubling
Gap Road, Newville, Pennsylvania, hereinafter referred to as Owner,
WHEREAS, the said Contractor undertook and agreed to make certain improvements to
Owner's property situate in Cumberland County, Pennsylvania, known as Lot 9, with a street address
of 341 Wagners Lane, situate in Newville, West Pennsboro Township, Cumberland County,
Pennsylvania, more fully described in Exhibit "A" attached hereto and made a part hereof.
NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for
and in consideration of the sum of One Dollar ($1.00) to said Contractor in hand paid by Owner, the
receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement
aforesaid, for himself, and his subcontractors, and all parties acting through or under them, covenant
and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them
against the said buildings and improvements and the lot of ground appurtenant thereto for or on
account of any work done or materials furnished by them or any of them under said contract or
otherwise, for, towards, in, or about the erection and construction of the said improvements on the
lot above described, and the said Contractor, for himself, his subcontractors and others under him
hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or
claims against the said buildings or any of them, and agree that this instrument, waiving the right of
lien, shall be an independent covenant.
WITNESS our hands and seals this ] c/H, day of March, 2002.
Signed, Sealed and Delivered in
the Presence of
'~.~ J. C~i~smith, III, Builder
· t~y~A~ ~dsmith, Owner '
WEIGLE S{ ASSOCIATES, g~C. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397
COMMONWEALTH OF PENNSYLVANIA :
-ss.
COUNTY OF ~{- J~ ~] t' ~JAY :
On this, the //~ day of March, 2002, before me the undersigned officer, personally
appeared Robert J. Coldsmith, III, known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within instrument and acknowledged that he executed the same for the
purposes therein contained.
IN WITNESS whereof, I hereunto set my hand and official seal.
(SEAL)
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF ~.~.~.~}~_,4]t/d ::SS'
On this, the ].~'k~ day of Dzc.;mb;r, ~ before me the undersigned officer,
personally appeared JEFFREY S. COLDSMITH and KIMBERLY A. COLDSMITH, husband and
wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the
within instrument and acknowledged that they executed the same for the purposes therein contained.
IN WITNESS whereof, I hereunto set my hand and official seal.
Notary Public
(SEAL)
WEIGLE & ASSOCIATES, RC. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397
SCHEDULE "A"
ALL that certain lot of land with the improvements thereon erected, situate in West
Pennsboro Township, Cumberland County, Pennsylvania, known as Lot 9 on a
Subdivision Plan for Stonecrest Acres, recorded in Cumberland County Plan Book 81,
Page 124, more particularly bounded and described as follows, to wit:
BEGINNING at a nail set in the centerline of Wagner Lane (T-435) on the dividing line
between Lots 8 and 9 on the hereinafter mentioned Subdivision Plan; thence by said
dividing line, North 36 degrees 25 minutes 23 seconds West a distance of 408.76 feet to
an iron pin set; thence continuing along the dividing line of Lots 8 and 9, South 88
degrees 17 minutes 35 seconds West a distance of 182.07 feet to an iron pin set; thence
North 87 degrees 19 minutes 02 seconds East a distance of 239.83 feet to a concrete
monument set; thence along the dividing line of Lots 9 and 10, South 36 degrees 25
minutes 23 seconds East a distance of 463.00 feet to a nail set in the center of Wagner
Lane (T-435); thence South 53 degrees 34 minutes 37 seconds West a distance of 200.00
feet to the place of BEGINNING.
CONTAINING 2.75395 acres and being known as Lot No. 9 on Subdivision Plan for
Stonecrest Acres, recorded in Cumberland County Plan Book 81, Page 124.
BEING that same real estate that Walter M. Fickes and Virginia J. Fickes, his wife, by
their deed dated May 10, 2001 and recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania, in Deed Book 1703 at Page 1104, conveyed to
Jeffrey S. Coldsmith and Kimberly A. Coldsmith, husband and wife, Grantors and
Mortgagors herein.
Parcel No.: 46-07-0479-043