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HomeMy WebLinkAbout03-0805Stipulations Against Liens Gayniale L M Nowal~ and Michael Andrew Nowak Owner John M. Black Construction and Remodeling 1364 Mountain Road Newburg, PA 17240 Contractor In the Court of Common Pleas County of Cumberland Docket Number Page Number , Pennsylvania Term 2003 Whereas, John M. Black Construction and Remodeling ('Contractor") of 1364 Mountain Road Newburg, PA 17240 has entered into a contract with Gayniale L M Nowak and Michael Andrew Nowak ("Owner") of 299 Springfield Road, Shippensburg, PA 17257 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot on Route 944, Newburg, PA 17240, Upper Mifflin township, Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which Gayniale L M Nowak and Michael Andrew Nowak 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 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, filed 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, 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 the day and year aforesaid. Signed and sealed in the presence of: Gayniale L M Nowak Michael Andrew Nowak .. JoMn M. Black Construction and Remodeling File No. FTA7642 ALL that certain lot or piece of ground situate in the Upper Mifflin Township, Cumberland County and Commonwealth of Pennsylvania, bounded and limited as follows: BEGINNING at a spike in the center line of Pennsylvania Route 944 and at line of land now or formerly of Arthur E. Singleton; thence along said land now or formerly of Singleton, South 47 degrees 30 minutes East, 713.95 feet to a post and other land now or formerly of Arthur E. Singleton; thence along said land now or formerly of Singleton, South 46 degrees 01 minutes West, 170.44 feet to an iron pin; thence by the same, North 47 degrees 32 minutes West, 924.80 feet to a spike in the center line of the said Pennsylvania Route 944; thence by the center line, South 85 degrees 29 minutes East, 277.37 feet to a spike, the place of BEGINNING. CONTAINING 3.171 acres pursuant to survey of Thomas Alvin Neff, R.S., made March 03, 1969. BEING the same premises which Arthur Andrew Singleton and Patsy Joann Singleton, husband and wife, by deed dated July 31, 2001, and recorded August 2, 2001, in and for Cumberland County, in the Office of the Recorder of Deeds, in Deed Book 247, Page 3628, granted and conveyed unto Michael Andrew and Gayniale L. M. Nowak.