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Home My WebLink About00-01235 ./ StiP~ions Against Liens Douglas L Nelson and Stephanie D. Nelson, husband and wife 71.0, frO - J..2.a S /VI /-.(} I.h<- In the Court of Common Pleas County of Owner Cumberland , Pennsylvania Docket Number Term 19 Bryan L. Hey General Contractor Builder, Inc. Page Number Contractor Whereas, Bryan L. Hey General Contractor Builder, Inc. ('Contractor") has entered into a contract with Douglas I. Nelson and Stephanie D. Nelson, husband and wife ("Owner") of for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 263 Springfield Road, Shippensburg, PA 17257, Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which Douglas I. Nelson and Stephanie D. Nelson, husband and wife is 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 supplernental 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, 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 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 hand and seal "this ,2.0,th, _day of January, 2000. Signed and sealed in the presence of: {7 T ~{Ij i t 1)<<l tJI1.frd7f-e ~&utl<1Y~;~I~on ~lV'<. Bryan L Hey Genekactor Builder, Inc. ::'O~\::'--);;7 J '4}--"_. ,~ r " ''''''''''~ -, ~'.;' = - -~ ~~ ~..a~:;i,jy~ .~' - ..j'<""'- ~ ~..... -_ .," "-.-;., ~ c\~~ J 5 j -=i ...... '" ,~ ~ "\ ~ . "~ _. ~ l ~__ _," v - D I I' I; "~ ~ ~ j ~J - ~, ~;>" , -,~. -' ~ ,-" -~ .. COMMONWEALTH OF PENNSYL VANIA ss, COUNTY OF CUMBERLAND On this, the 24th day of February, 1999, before me, a Notary Public in and for said County and State, the undersigned officer, personally appeared DOUGLAS 1. NELSON and STEPHANIE D, NELSON, known to me (or satisfactorily proven) to be, the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes herein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. LJ3iH~-<'A 14.4 Notary Public C Notarial Seal Rebecca L, Holtry, Notary Public Shlppensburg Bom, Cumberland County My Commission Expires June 7, 2003 Member, Pennsylvania ASSociation 01 NOlarles COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the 20th day of January, 2000, before me, a Notary Public in and for said County and State, the undersigned officer, personally appeared BRYAN L. HEY, who acknowledged himself to be the President of BRYAN L. HEY GENERAL CONTRACTOR BUILDER, INC" a corporation, 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. I, the undersigned Notary Public, certil}> that I am neither an officer nor a director of said corporation. IN WITNESS WHEREOF, I hereunto set my hand and official seal. tJjP"'~Apfr;t/&/' Notary Public Notarial Seal , Rebecca L. HoRry, Notary Public SMh'ppensburg Bom, Cumberland County y Commission Expires June 7, 2003 Member, Pennsylvanle Association Of Notaries or ... EXHIBIT "A" ALL that certain tract of land situate in North Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, a railroad spike in the centerline of Township Road T -333 (Springfield Road) at common comer of Lot No, 2 and Lot No, 3 on Subdivision Plan for Harper, Gene and Robert Hershey dated April 3, 1988 and recorded in Cumberland County Plan Book 55, Page 109; thence along Lot No, 2 South 54 degrees 41 minutes 50 seconds East 322.48 feet to an iron pin; thence along lands now or formerly of Mary E, Hershey et al, South 32 degrees 50 minutes 55 seconds West 365,00 feet to an iron pin; thence along Lot No.4 as shown on the aforementioned Subdivision Plan North 54 degrees 41 minutes 50 seconds West 339.31 feet to a railroad spike in the centerline of Township Road T-333 (Springfield Road); thence over the centerline of the aforesaid public road by a curve to the left having a radius of 551.19 feet, a chord bearing of North 37 degrees II minutes 50 seconds East, an arc distance of 36,51 feet to a point; thence continuing over the centerline of the aforementioned public road, North 35 degrees 18 minutes II seconds East 328.19 feet to a railroad spike in the centerline of the aforesaid public road, the point and place of BEGINNING. BEING all of Lot No, 3 on Subdivision Plan for Harper, Gene and Robert Hershey, dated April 1988, and recorded in Cumberland Connty Plan Book 55, at Page 109, CONSISTING of2.765 acres, more or less, UNDER and subject to dedicated right-of-way lines, building setback lines, and other notations as contained on the recorded subdivision plan, Of ~ 1'_ --,' ~ 'lO!I!'J!"l, "..._-~ -- ," -.," ',~. . ". ~I'~>~' iirr ~~- f- (:,5 c "-,- r:~ c. :.:w ~~-~:' o ~: ,-.--'. :::~ -< .,,,.",,",. ,_"'-'J"-"k"""i~_ .' \. a Q C"l -'i=j :~:J -'~:; -q , 'r~: ,.:,nl _~JJQ ~~~l(~ ?s :.~!(j - -{. r-; =~:/rl ;:--1 2Jj -- :f~ ~':J I c-^-' :'~ I:-i' !:- <;;0 ~,"I ,~ " '~Il:l!.W1"7l!I'_1!!i'1",~~,",,~..t!Wlll~1\'Il'll<!;!!!lllll~~~~_Ili"~~~