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HomeMy WebLinkAbout02-5242 Stipulations Against Liens Dwight $. Shumaker and Kimberly C. Shumaker Owner In the Court of Common Pleas County of Cumberland , Pennsylvania Quality Homes, Inc. Docket Number Page Number 5'2 w,z ~ ~ Term 2002 Whereas, Quality Homes, Inc. ("Contractor") of 3076 Carlisle Road Dover, Pa 17315, has entered into a contract with Dwight S. Shumaker and Kimberly C. Shumaker ("Owner") of , for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot No. 3 Maple Lane, Newville, PA 17241, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Dwight S. Shumaker and Kimberly C. Shumaker are the title holder of record; 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 shall be subject to a lien for debts due Owner to Contractor or by Contractor to any subcontractor for labor or materials furnished in the said erection or construction, 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 considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand 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, improvements, lot of ground or any part hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, 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 erection, construction and completion of 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 lot 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, liens or lien, flied by or for the Contractor, or any subcontractor or materialman, or in the name of any one or more of them against the building, improvements, rot 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 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 quit claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the same. Witness our hands and seals the day and year aforesaid. Signed and sealed in the presence of: Dwight S~'ShUmake~ - ~ ..,--/., el / File No. YA021100SER ALL THAT CERTAIN tract of land situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described in accordance with Plan of Land Subdivision for James F. Merritts prepared by Carl D. Bert, Registered Surveyor, dated April 27, 1983, a Draft of which is recorded in the hereinafter named Recorder's Office in Plan Book 43, page 21, as follows: BEGINNING at an iron pin on the eastern line of a 50 feet wide private right-of-way on line of lands now or formerly of George W. Lay described in Deed Book 25-D, page 850, which an iron pin at the Place of Beginning is at the dividing line between Lots Nos. 2 and 3; thence from said iron pin at the Place of Beginning along the eastern line of said 50 feet wide private right-of-way, South 27 degrees 15 minutes 35 seconds East, a distance of 761.65 feet to an iron pin set in stones at the dividing line between Lots No. 3 and 4; thence along said dividing line between said Lot Nos. 3 and 4, South 63 degrees 26 minutes 54 seconds West, a distance of 567.66 feet to an iron pin set in stones in the eastern line of land formerly of Donald E. Kennedy et al, described in Deed Book 22-C, page 956, and now of Kimberly Clark Shumaker; thence along the eastern line of said land formerly of Donald H. Kennedy et al, and now of Kimberly Clark Shumaker, North 26 degrees 33 minutes 06 seconds West, a distance of 851.66 feet to an iron pin at the dividing line between Lots Nos. 1 and 3; thence along said dividing line between said Lots Nos. 1 and 3, North 53 degrees 53 minutes 00 seconds East, a distance of 367.22 feet to an iron pin; thence still along said dividing line between said Lots Nos. 1 and 3 by a curve to the right having a radius of 125.00 feet, an arc distance of 8.87 feet to an iron pin at corner common to Lots Nos. 1 and 2 and 3; thence along the dividing line between said Lots Nos. 2 and 3 by a curve to the right having a radius of 125.00 feet an arc distance of 206.80 feet to an iron pin; thence still along the dividing line between Lots Nos. 2 and 3 and crossing the hereinafter mentioned 50 feet wide private right-of-way, North 62 degrees 44 minutes 25 seconds East, a distance of 50.00 feet to an iron pin at the place of BEGINNING. THE ABOVE DESCRIBED tract of land has a total of 11.3134 acres and is all of Lot No. 3 as shown on said Plan of Subdivision for James F. Merritts, recorded as aforesaid.