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HomeMy WebLinkAbout06-6225 .. " t/h - &;);;;;5-- )11L!) STIPULATION AGAINST LIENS Law Offices SALZMANN HUGHES. PC 354 Alexander Spring Road, Suite 1, Carlisle, Pennsylvania 17015-3222 THIS AGREEMENT, made and entered into thisAlfcfay of October, 2006 by and between MICHAEL J. HOLLERAN, JR. AND TERRI L. HOLLERAN, of the Commonwealth of Pennsyvlania, party of the first part (hereinafter called Owner), AND COUNTRY VILLAGE 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 42,2 Coloniel Crossing West, Shippensburg, Southampton Township, Cumberland County, Pennsylvania,( see attached exhibit "A"). NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration ofthe 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 . . 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, Tenn 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. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above written. ~d,~~ MICHAEL J. HOLLERAN, JR. (SEAL) ~A." ~ rlL.w/ TERRI L. H LLERAN (SEAL) ATTEST: (SEAL) By: KEVIN L. ZIMMERMAN "Contractor" 2 . SCHEDULE C LEGAL DESCRIPTION (71rnitment Number: 5100-527 File Number: 5100-527 ALL of the following tract of land having a mailing address of 2 Colonial Crossing West, Shippensburg, Pennsylvania, 17257, situated in Southampton Township, Cumberland County, Pennsylvania, pursuant to a Final Subdivision Plan for Country Manor Adult Community Phase III by Eric L. Diffenbaugh, PLS dated December 8, 2005, and recorded in Plan Book 92, Page 79 in the Cumberland County Courthouse, being further bounded and described as follows: BEGINNING at a point at the northeast corner of Lot 41; fthence along Lot 49A North 89 degrees 45 minutes 16 seconds East 96.98 feet to a point; thence along the western right-of-way line of Carriage Lane by a curve to the .left with a radius of 175.00 feet an arc length of 60.93 feet a chord bearing of South 10 degrees 16 minutes 16 seconds West and a chord length of 60.93 feet to a point; thence along the same South 00 degrees 14 minutes 44 seconds West 45.00 feet to a point; thence along the same and by a curve to the right with a radius of 20.00 feet an arc length of 31.42 feet a chord bearing of South 45 degrees 14 minutes 44 seconds West and a chord length of 28.28 feet to a point; thence along the northern right-of-way line of Colonial Crossing West North 89 degrees 45 minutes 16 seconds West 59.48 feet to a point; thence along the same and by a curve to the right with a radius of 125.00 feet an arc length of 21.81 feet a chord bearing of North 84 degrees 45 minutes 20 seconds West and a chord length of 21.78 feet to a point; thence along the same North 79 degrees 45 minutes 24 seconds West 6.77 feet to a point; thence along Lot 41 North 10 degrees 14 minutes 36 seconds East 123.81 feet to a point and place of BEGINNING. CONTAINING 12,263 square feet or 0.2815 acres. ST.~WART TITLE GUARANTY COMPANY >--. ~~ ~ .1. '0& "- ~ ~ ~ ~ ~ ~ ~ ~ ~ ""- ~ fl' () 5;;- ..... ,- .:< (.)"1 "" = = cr. a (j -1 N en ~ :;::! m:D r- :0 rr; _j] c; '""1,f .~i[j Offl --I ::!"" .:0 -< ~,"b -..,... ":?