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HomeMy WebLinkAbout02-3246STIPULATION AGAINST LIENS THIS AGREEMENT made the 27th day of June, 2002, by and between Davis Landscape, Ltd hereinafter referred to as Contractor, AND East Gate Seniors Associates, L.P. hereinafter referred to as Owner, whereby the Contractor has agreed to furnish all labor, material, equipment and services for landscaping and nature trail construction at 35 East Gate Drive, Carlisle, Cumberland County, Pennsylvania. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of ($1.00) Dollar in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for themselves and their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's lien or claims shall be filed or maintained by them or any of them against the said buildings and the lot of ground appurtenant thereto for any or on account of any work done or materials furnished by them or any of them under said contract or otherwise, for, towards, in or about the landscaping and nature trail construction on the property above described and the said Contractor, for themselves, their subcontractors and others under them hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims against the said property, and agree that this instrument, waiving the right of lien, shall be an independent covenant. WITNESS our hands and seals the day and year above written.~ _ Cont~ Lan?ape, Ltd. By (C~ntr~ctor) (Seal) Owner: East Gate Seniors Associates, L.P. by Cumberland Senior Housing Associates, General Partner )(Seal) State of Pennsylvania: County of On this, the g ~a,/aP ZF~lV , 2002, before me, the undersigned officer, personally appeared ~°~o/: Q~a~','~ , who acknowledged himself to be the /°res~'d~r~-~ of Davis Landscape, Ltd. and that he as such t°~es ,'o~e~ 4 , being au~ ~ executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as ]gresidem~c IN WI E~[~REOF, I have hereunto set my hand and notarial seal. t_ ,w~~o~ ~9. am| Notary Pui~lc ~ ~r~m~o~ --- 3 ' State of Pennsylvania: County of Cumberland: d~.fl-- ~tz~'-t~na~r, 2002' before me, the undersigned officer, personally On this, the appeared Stephen G. Landis, who acknowledged himself to be the President of Cumberland Senior Housing Associates, General Partner of East Gate Seniors Associates, L.P. and that he as such President, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as President. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Sheriff's Costs: Docketing 18.00 Poundage 51.43 Advertising Law Library · 50 Prothonotary 1.00 Mileage 3.45 Misc. Surcharge 30.00 Levy Post Pone Sale Garnishee Bad Check 20.00 124.38 Pd by Defendant Sworn and Subscribed to before me this :~-~ -- prothonotary So Answers; R. Thomas Kline, Sheriff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-3242 Civil COUNTY OF CUMBERLAND) CIVIL ACTION LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAROL A. MORRISON, Plaintiff (s) From KEVIN SHRAWDER T/DfB/A AUTO EFFEX DETAILING, 1322 SPRING ROAD, CARLISLE, PA 17013 AND 39 EASTWICK LANE, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell 1993 HONDA (SEE ATTACHED IDENTIFICATION); ANY OTHER PERSONAL PROPERTY OF DEFENDANT, INCLUDING TOOLS AND EQUIPMENT · (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; · - fro e of the defendant(s) not levied upon an subject to attachment is found m the possession (3) I p p rty . · . a: ..... ~ to notifv him/her that he/she has been added as a of anvone other than a namea garmsnee, you are uitc,.[~u . garnishee and is enjoined as above stated. Amount Due $2,571.77 Interest A~y's Comm % Atty Paid $36.75 Plaintiff Paid Date: OCTOBER 16, 2002 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothono. ~..._By:__ .~/zfi 0--~ ~ - Deputy REQUESTING PARTY: Name SUSAN J. HARTMAN, ESQUIRE Address: 1 IRVINE ROW CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-249-7780 Supreme Court ID No. 65184 DISTRIBUTION ATTORNEY Susan Hartman WRIT NO. 2002-3242 Civil Carol A. Morrison VS Kevin Shrawder, t/dPo/a Auto Effex Detailing RealDebt $ 2571.77 Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. 36.75 Miscellaneous Attorneys Fees SherifFs Costs: Docketing $ 18.00 Poundage 51.43 Posting Sale Bills Law Library .50 Prothonotary 1.00 Service 3.45 Misc. Bad Check Charge 20.00 Advertising Postpone Sale Surcharge 30.00 Garnishee Levy $ 2608.52 ~)efendant Pd to Sheriff Advance Costs Total Collected DISTRiBUTION Pd. To Pltff. Refund of Adv. Costs Pd. To Prothonotary $ 124.38 $ 2732.90 2608.52 150.00 1.50 150.00 2882.90 So Answers: R. Thomas Kline, Sheriff