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Home My WebLink About95-04909 ML2l232 STIPULATION AGAINST LIENS 11)0.15_ '-1909 /I-1LD T~ ., has entered into a written contract with . WHEREAS, sterling COnstruction and Development Enterprises. Inc. (Contrnctor) (Owner) Jeffrey for the G. Heffner and construction of Dorothv E. Love Cape Cod (26' X 32' ) to be located on 107 ~ Drive: Mount Hollv SpriIlCJs. PA 17065 and WHEREAS, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be erected thereon or installed therein shall be subject to a lien for debts due by Owner to Contractor or by Contractor to any sub-contractor for labor or materials furnished in the said construction or installation, and that the right of anyone to claim any such lien be waived hereby. NOW THIS AGREEMENT WITNESSETH: That Contractor, for and in consideration of the contract aforesaid and the consideration mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to him paid by the Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors, materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the building or buildings, improvements, 10t of ground or any part thereof, or the curtilage or curtilages appurtenant thereto, by anyone, and that all sub-contractors, materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done. AND this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be effective with respect to work done and materials furnished under any supplemental contract for extra work in the construction and installation of improvements in the building as well 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 Owner and the building, improvements and 10t of ground against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as Attorney for Contractor and in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any subcontractor or materialman, any and all claims or claim, lien or liens, filed by or for the Contractor, or any subcontractor or materialman, or in the name of anyone or more of them against the building, improvements, lot 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 instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor does hereby remise, release and quitclaim all rights and all manner of error, defects and imper- fections whatsoever in entering such satisfaction or in any wise touching or concerning the same. This power may be exercised from time to time as often as shall be deemed necessary. IN WITNESS WHEREOF, Contractor has executed this instrument this day of , A.D., 19 -I ; /1 CJ (':--i .4 l, //"" -"'- -(SEAL) Contractor Feredoon Khoshnevissan . President St~~ . g..con~.t~~ and Developnent Enterprises. vJe ~~~~~ Inc. /- A <:'tU~. . w /":'7') ,/'1 C- '", - 1~-l,(J , t. La", ( , A.D., 1995 ,before me, a notary ~l!l.,.jcon Kl~lssan, Jeffrey G. Heffner and "----------- , known to me (or satisfactorily proven) whose na';e-~-~-subscrihed to the within instrument and authorized to do so they executed the same for the purposes (SEAL) .~ Witne.s~ \ VI" i~ \lj J. \ \\ ~ ,I':-,J , 11 , \ ...,..'t - 0" (SEAL) COMJ-!ONWEALTlI OF PENNSYLVANIA) COUNTY OF LANCASTER ) 13th day 0 f SeptEJT1ber personally appeared On this, the puhlic, the undersigned, _.__. [);)rothy E. IDVP tl' h" the same person S 3cknClwl"dged that, heing ther"in cClntained. IN \~ITNESS WHEREOF, I hereunto set my hand and official se~l. ~~~\4}' ~,). I~\L-_-._,--. Notary Nhlic Mv e""""lssll'" Exptr,>s: NOtARIAL IUI. GARY M GUTItWl.."-'~ '8"<8"e. u_ce..M ,..- My eomm_ bpne..... .._ I J . PENN TITLE INSURANCE COMPANY DESCRIPTION OF PREMISES TITLE NO. AAL21232 ALL THAT CERTAIN tract of land situate in the Township of South Middleton, County of Cumberlan.d and Commonwealth of Pennsylvania, bounded and described in accordance with Flnal subdivision Plan for Holly Hills Lot 31 B, which Plan is recorded in the Office of the Recl>rder of needs in and for Cumberlancl County, Pennsylvania, in Plan Book 60, Page 122, as follows: BEGINNING at a point on the Western line of Dogwood Drive, which said point is at the Southeast corner of Lot No. 31E on the hereinabove mentioned Plan/ thence by the Western line of Dogwood Drive, South 2 degrees 17 minutee 25 seconds East, 95.64 feet to a point/ thence by Lot No. 30 on the Plan of Holly Hills recorded in Plan Book 50, Page 114, South 87 degrses 42 minutes 31 seconds West, 100.69 feet to a point/ thence by Lot No. 29 on said Plan of Holly lIills recorded in Plan Book 50, pags 114, South 82 degrees 14 minutes 30 seconds West, 86.85 feet to a point/ thence by Lot No. 3lC on the hereinabove mentioned Plan, North 24 degrees 49 minutes 55 seconds West, 112.52 feet to a point; thence by Lot Nos. 3lCD and 3lE on the hereinabove metioned Plan, North 87 degrees 42 minutes 35 seconds East, 230.28 feet to a point, the place of BEGINNING. BEING Lot No. 31F on said Plan, and containing 0.4706 acres, more or less. SUBJECT, NEVERTIIELESS, to the bu~lding and use restrictions as noted on the hereinabove mentioned Plan/ and SUBJECT, FURTHER, to the proposed utility/drainage easement as noted on said Plan. BEING A PART OF THE SAME PREMISES that Tom II. Bietsch and Elizabeth S. Brizendine, Executors of the Estate of Tom O. Bietsch, deceased, by deed dated November 20, 1984, and recorded in the Office of the Recorder of Deeds in and for Cumberland county, Pennsylvania, in Deed Book A, Volume 31, I""J" '171, l)ranted and conveyed unto Dickinson Estates, a Partnership. TAX MAP NUMBER is 31-2189 Parcel No. 58. '\ 1 , . ! ~ - - ..sir- ~<r =c\ ~~ ~ >-',... '.:., '- - :s:: ;_0. n- ~ ,. ';) l;) C"') <:> - -- ~ .... ~ ,