HomeMy WebLinkAbout95-06029
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STIPULATION AGAINST LIENS
TillS STIPUI.J\TION AGAINST I,IENS (the "Stipulation") is
made and concluded this ~day of October, 1995, by Mark A. Boova
t/d/b/a Boova Construction having an address of 522 Lavina Drive,
Mechanicsburg, PA 17055 (the "Contractor") in favor of Michael G.
Brunner and Marianne I.. Brunnet-, having an address of 1780
Winterhaven Drive, Mechanicsburg, PA 17055 (the "Owners").
BACKGROUND
A. Bya duly executed written agreement dated August 30,
1995 (the "contract") Owners and Contractor have contracted for the
In o::..:tiOll, ..:onlltLu..:Lion "lid c;oillplel.:Lon of a resi\\enLidl <.1wellill~
(the "Improvements") to be erected on real estate described in
Exhibit "A" attached hereto (the "Property").
B. Contractor has covenanted, promised and agreed that
no mechanics' or materialmen's lien or claims would be filed or
maintained in the Property or any part thereof, or the curtilage or
curtilages appurtenant thereto, either by himself or anyone else
for or on account of any work, labor or materials supplied in the
performance of the Contract, or under any supplemental contract or
for extra work, in the erection, construction or completion of the
Improvements on the Property or any of the curtilages appurtenant
thereto.
COVENANTS
NOW, THEREFORE, in consideration of the Contract and
other good and valuable consideration, the receipt and legal
sufficiency of which is hereby acknowledged, Contractor covenants,
represents, warrants and agrees as follows I
1. The Contractor, for himself and anyone else acting or
claiming through or under him, dop.s hereby waive and relinquish all
right to file any lien or claim, and 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
Improvements or the estate or title of Owners in the Property or
the curtilage or c\lrtilages appurtenant thereto, by or in the name
of Contractor or any subcontraetor, materialmen or laborers for
work done or materials furnished under the Contract or by any other
party acting through or under them or any of them for and about the
Improvements or the Property or any part thereof, or on credit
thereof, and that all subcontractors, materialmen, and laborers on
the work shall look to and hold Contractor personally liable for
all subcontracts, materials furnished and work and labor done, so
that there shall not be any legal or lawful elaim of any kind
whatever against Owners for any work done or labor or materials
furnished under the Contract for and about the erection,
construction and completion of the Improvements, or under any
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MADE THE
Tal< Parcel No.!J?--::1.l3-;;l.lj 19 -I~l
THIS DEED,
11ti, day of tf.J~M../ in the
year one thousand nine hundred ninety-four (1994)
JOHN M. JQfAUB and JANET D. KNAUB, his wife, of
Mechanicsburg, cumberland county, Pennsylvania,
Grantors,
BETWEEN
ad
MICHAEL G. BRUNNER and MARIANNE L. BRUNNER, his
wife, 225 Birdie Lane, Etters, Pennsylvania,
Grantees I
~~Il, that in consideration of Forty-two Thousand Nine
Hundred and NO/100 Dollars ($42,900.00), in hand
paid, the reoeipt whereof is hereby acknowledged,
the said Grantors do hereby grant and convey to
the said Grantees, their heirs and assigns I
ALL THAT CERTAIN piece or parcel of land situate in Upper Allen
Township, cumberland county, Pennsylvania, bounded and described
as follows, to witl
BEGINNING at a point on the southern dedicated right-of-way line
of winterhaven Drive, said point being on the dividing line
between Lot Nos. 39 and 38 on the hereinafter mentioned Plan of
Lots I thence continuing along same, South 48 degrees Q3 minutes
59 seconds East, one hundred ten and zero one-hundredths (110.00)
feet to a point on the dividing line between Lot Nos. 38 and 37
on the hereinafter mentioned Plan of Lots I thence along said
dividing line, South 41 degrees 56 minutes 01 second West, one
hundred twenty-five and zero one-hundredths (125.00) feet to a
pointl thence North 48 degrees 03 minutes 59 seconds West, one
hundred ten and zero one-hundredths (110.00) feet to a point on
the dividing line between Lot Nos. 3D and 39 on the hereinafter
mentioned Plan of Lotsl thence along said dividing line, North
41 degrees 56 minutes 01 second East, one hundred twenty-five and
zero one-hundredths (125.00) feet to a point on the southern
dedicated right-of-way line of winterhaven Drive, the place of
BEGINNING.
aoo.: 115 rm 185
BEING Lot No. 38 on Phase VII - Final subdivision Plan of Meadow-
, view Estates/ said plan being reoorded in the cumberland county
Reoorder of Deeds Offios in.Plan nook 68, Page 17.
BEING part of the same premises which Merle L. stambaugh,
Exeoutor of the Estate and under the Last Will and Testament of
Mary G. stambaugh, et al., by deed dated December 12, 1986 and
reoorded in the cumberland county Reoorder of Deeds Offioe in
Deed Book "J"/ Volume 32/ Page 256, granted and conveyed unto
John M. Kn~ub and Janet D. Knaub, his wife, the Grantors herein.
UNDER AND SUIlJEC'r, NEVERTHELESD, to the Declaration of Restl;.ia;:;_- ,-~:.:,
tive covenants dated June 8, 1994 and reoorded June 24, 19.94 'in"...,'. "; ".'
the cumberland county Reoorder of Deeds Offioe in Misoellaneous "
Book 476, Page 703. "
Cu.ber hn,j County Rec~rderlifDttds
Inltrulfnt FIlln.
Recelptl 34499
InltrA 1994-035229 11/30/1994
Rmrk61 FARR & C\IINING~K
O",eckR 16079
0'Ie61 16078
O"leckA 16077
Tolll Received.......
1l.50
.50
429 .01
214.50
214 .50
m.oo
"29.00
"29 .00
t870.00
[(ED
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DEED - RlT SlAlE
tECHANICSBURG
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