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HomeMy WebLinkAbout06-2660 f .. f'J/J. 0 fc - ~f4 ~o MJ-D STIPULATION AGAINST LIENS Law Offices SALZMANN HUGHES. PC 354 Alexander Spring Road, Suite 1, Carlisle, Pennsylvania 17013-3222 mIS AGREEMENT, made and entered into this 5.ft'ay of May, 2006 by and between MATTHEW M. NICASTRO AND JENNIE M. NICASTRO, of the Commonwealth of Pcnnsyvlania, party of the first part (hereinafter called Owner), AND MARK L. L UDT, 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 159 Indian Hills, South Middleton, Cumberland County, Pennsylvania,( see attached exhibit "A"). NOW mIS AGREEMENT WITNESSETH: That thc Contractor for and in consideration of the contract aforesaid and the consideration mentioned thereunder, as wcll 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 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 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 cxhibit 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 da the day and year first above (SEAL) written. WITNESSES PRESENT: MATT NICASTRO (\~ ~\t~ (SEAL) ~IE M. NICASTRO ATTEST: f!t~ M L.L DT (SEAL) "Contractor" 2 ~ / , File Number: 5100-432 .. SCHEDULE C LEGAL DESCRIPTION ornmitment Number: 5100-432 ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, Lot No. 159 on the Final Subdivision Plan of Indian Hills - Section No.3, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page 126, the same being numbered as more particularly described as follows: BEGINNING at a point of the eastern right of way of Buttonwood Court (a 50 foot wide right of way) of the aforementioned Plan; thence along the dividing lines between Lot No. 159 and Lot No. 158, North 80 degrees 25 minutes 57 seconds East 155.53 feet to a point; thence along the dividing lines between Lot No. 159 and Lot No. 126 of Section 2, and a thirty (30) foot wide Storm Drainage Easement, South 02 degrees 11 minutes 44 seconds West 130.00 feet to a point; thence continuing along the dividing lines between Lot No. 159 and Lot No. 126 of Section 2, and a thirty (30) foot wide Storm Drainage Easement, South 03 degrees 18 minutes 16 seconds East 16.20 feet to a point; thence along the dividing line between Lot No. 159. Lot No. 107 and Lot No. 106, and a twenty (20) foot wide Storm Drainage Easement, South 86 degrees 41 minutes 44 seconds West 180.63 feet to a point; thence along the dividing line between Lot No. 159 and Lot No. 160, North 05 degrees 56 minutes 44 seconds East 53.38 feet to a point; thence along the eastern right of way of Buttonwood Court (a 50 foot wide right of way) of the aforementioned Plan; thence by a curve to the left having a radius of 60.00 feet, an arc length of 110.49 feet with a chord bearing North 43 degrees 11 minutes 21 seconds East having a chord length of 95.53 feet to a point and place of BEGINNING. STEWART TITLE GUARANTY COMPANY ~\ - ~ -...) - -..l 'I-> ~ V.I C> ; ~ "- "" () s <- -0(6 gJr,~ 7l ;Ji-,_~ ;::: {~--. ~~~ "'~ =< "" C> ""'l> ~ ~ ~ l ~ ~ ("i V\ "' ~ l' '" ~ 9..;" ~~ \ -. Ii:'. "'- " v. r.. v. V'o 'v.r , ....., = = "" z ):>> -< o -n ~~ =ill:? Cl SQ ::c-=H f"::>....;...I zS Or -'4 55 c:> '< '" ".. :::r:: is ..