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HomeMy WebLinkAbout06-5309 (){, - ~ 3t5JCf />'1 LU l~ " ;. STIPULATION AGAINST LIENS Law Offices SALZMANN HUGHES, PC 354 Alexander Spring Road, Suite 1, Carlisle, Pennsylvania 17013-3222 THIS AGREEMENT, made and entered into thi~ay of September, 2006 by and between JAMES H. WIGGINS AND MARY ANN WIGGINS, of the Commonwealth of Pennsyvlania, party of the first part (hereinafter called Owner), AND HOME DESIGNS UNLIMITED, LLC, 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 96 Cross Creek, Phase III, North Middleton 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 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 ...~....iIili.:::.'!!irt.. '... ... 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 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 EAL) ~a-. W~!;i- M RY~N WIGGI (SEAL) HOME DESIGNS UNLIMITED, LLC (~Mf~ &!~ - (SEAL) "Contractor" 2 ~. Exhibit "A" ALL THAT CERTAIN tract ofland situate in North Middleton Township, Cumberland County, Pennsylvania, designated as Lot No.96 on the Final Subdivision Plan for Phase E of the Village of Cross Creek dated June 10,2005 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 91, Page 98, more particularly bounded and described, as follows: BEGINNING at a point on the western right-of-way line of Pine Creek Drive, said point being the southeastern comer of Lot 97; thence, along the western right-of- way line of Pine Creek Drive, by a curve to the left having a radius of 185.00', an arc length of73.75' and a chord bearing ofS 09047'27" E a distance of73.26' to a point; thence, along Lot OS-2 S 32046' 14" W a distance of207.30' to a point; thence, by same N 68031 '05" W a distance of 291.95' to a point; thence, by same N 00020' 49" W a distance of 150.18' to a point, thence, along Lot 97 S 88022' 15" E a distance of372.48' to a point, the place of BEGINNING. Containing: 71,727 sq. ft. (1.65 acres) ~ ~ ~ ........ \t- !'l -- D ('0 \> --.'" -,- ""- ~ f2 ~ \..}'~ ~ '" r',-..) ~ C~ - -V lJ b f r ~ f;- ~ f t-