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HomeMy WebLinkAbout06-7059 '" N 1.6& - 7tJs-1 M 1-f) STIPULATION AGAINST LIENS Law OJJlces SALZMANN HUGHES. PC 354 Alexander Spring Road, Suite 1, Carlisle, Pennsylvania 17015-3222 'D ec..e-I..t.... THIS AGREEMENT, made and entered into this~ day on-I. IlRl.8If, 2006 by and between JOEL A. FLINCHBAUGH AND KIMBERLY D. FLINCHBAUGH, of 59 Nelson Drive, Carlisle, Pennsyvlania, party of the first part (hereinafter called Owner), AND NORMAN ELAM, of 26 Dannah Drive, Carlisle, 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 30 Heritage Valley, Carlisle, Dickinson 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 ofthem 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 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. ~~(SEAL) / JOEL A. FLINCHB GH - ~EAL) MBE D. LINCHBAUG ATTEST: ~~~AL) NORMANELAM "Contractor" 2 '. ALL THAT CERTAIN lot ofland situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with Subdivision Plan for Heritage Valley prepared by Statler- Brehm Associates, Inc., dated October 13, 1993, a copy of which consisting of ten pages was recorded on February 10, 1995, in the hereinafter named Recorder's Office in Plan Book 69, Page 78, etc., which Plan is incorporated herein by reference, as follows: BEGINNING at a point on the northern line of 50 feet wide Dannah Drive at the dividing line between Lots Nos. 29 and 30; thence from said point at the Place of Beginning along said northern line of 50 feet wide Dannah Drive, North 86 degrees 18 minutes 13 seconds East a distance of 175.00 feet to a point at the dividing line between Lots Nos. 30 and 31; thence along said dividing line between said Lots Nos. 30 and 31, South 03 degrees 41 minutes 47 seconds East a distance of 410.80 feet to a point on the northern line of land now or formerly of Roy E. Deitch and wife; thence along line of said land n02w or formerly of Roy E. Deitch and wife, North 77 degrees 54 minutes 08 seconds West a distance of 181.87 feet to a point at the dividing line between Lots Nos. 29 and 30; thence along said dividing line between said Lots Nos. 29 and 30, North 03 degrees 41 minutes 47 seconds West a distance of 361.30 feet to a point onthe northern line of 50 feet wide Dannah Drive at the place of BEGINNING. ~ ~ ~ ~ ~ - ~ oQ ~ G' - ~ .(::. v.. C> - ~ c:> ~ ~ ~ ~ F ~ ~ ;. ;:. ~ ~ ~ \1'1 ,~ o c; -=;:0-.. r--.:> = = c:r> c::::::l 1""'1 CJ ~.,. , o -0 ---4 I-n fnp '.~gC? :-"';~~ )-. > -:~ \.,-~. ",; ....; t ~ :~f~ N ~:; .. )> U1 ~ c.r. ~'2