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HomeMy WebLinkAbout00-08598 _;,l'~, ~'... -; :1 =-r ~",'---- , ' \ Stipulations Against Liens \ MARY CAROLYN WALKER Owner In the Court of Common Pleas County of CUMBERLAND J. W. MUMPER CONSTRUCTION, INC. , Pennslllvania Docket Number CO - d'S9? 1?7J.J::J Tenn 20U0 Page Number t I"~, Contractor Whereas, J.W MUMPER CONSTRUCTION, INC. ("Contractor") of Mechancisburg, Pennsylvania, has entered into a contract with MARY CAROLYN WALKER ("Owner") of for the erection or construction of a SINGLE FAMILY DWELLING upon the !otofground known as LOT # 50, SPRING WILLOW DRIVE, MECHAN!CSBURG, PA 17055, UPPER l") I EN TOWNSHIP, CUMBERLAND County, PENNSYLVANIA described in Exhibit"A" hereof, of which MARY CAROLYN WALKER 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, TIlls 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 bl:: any part hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialmen 'a,pd laborers sha/llook 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~' 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 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 the day and year aforesaid, Signed and sealed in the presence of: , ~ ~ nQ_ , L11 21rJUV IJh/tJij ......~~" ~~ ~~. MARY C OL YN WALK '2" ,", ft/L~ ('N,INC. TSS260.000f3 ..._~.J"-~~'" ) ~ '--r ---~ , -.,.,c;:- - File No, 99-1427 ALL THAT CERTAIN piece or parcel of land situate ill Upper Allen Township, Cwnberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western dedicated right-of-way line of Spring Willow Drive, said point being on the dividing line between Lots Nos. 50 and 51 on the hereinafter mentioned Plan of Lots; thence along the western dedicated right-of-way line of Spring Willow Drive, South 48 degrees 03 minutes 59 seconds East, one hundred and zero one-hundredths (100.00) feet to a point; thence South 41 degrees 56 minutes 01 seconds West, one hundred twenty-five and zero one-hundredths (125,00) feet to a point; thence North 48 degrees 03 minutes 59 seconds West north 48 degrees 03 minutes 59 seconds West, one hundred and zero one-hundredths (100,00) feet to a point on the dividing line between Lots No, 50 and 51 on the hereinafter mentioned Plan of Lots; thence along said dividing line North 41 degrees 56 minutes 01 seconds East, one hundred twenty-five and ze.!'? one-hundredths (125.00) feet to a point on the western dedicated right-of-way line of Spring Willow Drive~_~~ place of BEGINNING, BEING Lot No. 50 on Phase VIII - Final Subdivision Plan of Meadowview Estates, said Plan being recorded in the Cwnberland County Recorder of Deeds Office in Plan Book 74, Page 108, TSS260~00073 ,ti"~'-'h"" ~",'..i....ol"''''t,- .~""",,- "'P'-' - Ill! ." ;;JJO ~ '1I :~~ .....[...'......~.....";.'..~.......'............................. 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