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HomeMy WebLinkAbout06-2658 DIP - 'J..~a MLD .. , STIPULATION AGAINST LIENS Law OJJices SALZMANN HUGHES, PC 354 Alexander Spring Road, Suite 1, Carlisle, Pennsylvania 17013-3222 THIS AGREEMENT, made and entered into this a tOf April, 2006 by and between JERRY F. MOCK, of the Commonwealth ofPennsyvlania, party of the first part (hereinafter called Owner), AND R.S. MOWERY & SONS, Inc., of the Commonwealth of Pennsyvlania, party of the second part (hereinafter called Contracto,). WHEREAS, the said parties have hy a duly executed written construction agreement under seal dated prior to execution hereof, for construction and improvements to property located 47 West PomlTet Street, Carlisle, Borough of Carlisle, Cumberland County, Pennsylvania,( see attached exhibit "A"). NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract aforesaid and the considcration mentioned thercunder, 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 ofthesc 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 the,e shall not be any legal or lawful claim of any kind whatever against Owncr 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, narne, mark satisfied of record at the cost and expense of the Contractor or of any Sub-Contmctor or Materialman, or Material men, any and aU 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, renn 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. written. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above WITNESSES PRESENT: ~E;~ (SEAL) ATTEST: / (SEAL) OWERY & SONS, Inc. "Contractor" 2 .... . - , Exhibit "A" - - ALL THAT CERTAIN lot of ground, together with the improvements thereon erected situate on the north side of West Pomfret Street in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the north side of West Pomfret Street at the line of property now or formerly of Dr. R.R. McCullough; thence in a northerly direction 140 feet to the property now or formerly of Bruce L. Cline; thence in an easterly direction along the property now or formerly of Arthur Deckman; thence in a southerly direction along the property now or formerly of Arthur Deckman, 24 feet to a point; thence in an easterly direction along the same, 30 feet to the property. now or formerly of Richard Raudabaugh; thence in a southerly direction along property now or formerly of said Richard Raudabaugh, 116 feet to West Pomfret Street; thence in a westerly direction along said West Pomfret Street, 60 feet to the Place of BEGINNING. LESS that certain tract of land conveyed by Deed dated October 27,1998, to The Borough of Carlisle, which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 187, Page 943. B13NGknown and numbered as Nos. 47, 49 and 51 West PomfretStreet, Carlisle, Pennsylvania. ~ ..... ~ ~ n = \ = ~ C 0" ~~ - ?;': ::E 1\ \/\ -0(;( .,. rriff' -< ;;-:~.:. 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