Loading...
HomeMy WebLinkAbout95-06029 . . " (I/ll, q,f - 602'1 AU) 7UI/I"v 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 .1 . . .. ", 35;22J" e Ul~ 0 lY.O>- - ~~~ en: U.J Q:::J -h..O e:: NO C,,) a= n: 0: ~ t-W- C a:Oca: L"a I.U n: ii4 _ mO - C.J U uJ c::::::t' ... <Xl :z: <Y. a: :I: . ::> :r C,,) ~ 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 [(ED - \/RIT DEED - RlT SlAlE tECHANICSBURG If'PER ((LEN niP ~')'" \6" ~ff'~ ~gla . J ~ :t } ....... ri ~ " ~ .... ll") ,... { ~.. .,. .~ . ~ ~ 'oj , '"' ~ n C) . c:.) ~ ,J v .- cl_~ .'