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HomeMy WebLinkAbout01-2722 FX . ~ <i,"'- -_;;"",," ,-~ , . ";, -. """ ,. ~ jl3tipulations Against Liens Timothy P. McMorrow and Krista A. McMorrow, husband and wife Owner 3fn tbe QCourt of QCommon ~leas QCountp of Cumberland o C 7" -vrrl mln Z:J:' zc ~8 Z~l -c, Pc: Z =< o C) - n . &nnsyJvania :~ -';':;~Q Jsrm:28p 1 :;.~ ':,:jg ::.~ I:-~ ~ ,~ --I W 5J o -< f!-;ne tj-13'(l813w/du~ Docket Number 0/-::27 J..;L !J1t.O ,........ Page Number Contractor Wber~ali, PH. 'i 1210 e {3L(f/ ~~ (';, . ('Contractor") of 7 '1 ~ denc ~ :> {,( has entered into a contract with Timothy P. McMorrow and Krista A. McMorrow, husband an wife ("Owner") of for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #14E Rhine Estates, Shippensburg, PA 17257, Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which Timothy P. McMorrow and Krista A. McMorrow, husbaild and wife is the title holder of record; and Wbereas, 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. jlio\n, {!!;bis !agreement Witnessetb: 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. !anb 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. !anb, 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: , - -- ~,--..-- . ; .4itelJo.01.62UD ALL the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at an iron pin on the northerly side of Independence Drive at comer of Lot E.I on the hereinafter referred to plan oflots; thence by said Lot E.I, North 10 degrees 21 minutes 0 seconds West 100 feet to a concrete monument at comer of Lot E.13 on said plan of lots; thence by said Lot E.13, North 79 degrees 39 minutes 0 seconds East 160 feet to an iron pin on the westerly side of Colonial Drive; thence with the westerly side of Colonial Drive, South 10 degrees 21 minutes 0 seconds East 65 feet to an iron pin; thence on a curve to the right having a radius of 35 feet, a chord bearing of South 34 degrees 39 minutes 0 seconds West and a chord length of 49.5 feet to an iron pin on the northerly edge of Independence Drive, South 79 degrees 39 minutes 0 seconds West 125 feet to an iron pin, the place of beginning, containing 15, 737 square feet. BEING Lot E.14 on Subdivision Plan prepared by Carl D. Bert dated 02/11/00, entitled "Land Subdivision for Rine Estates, Phase V", and recorded in Cumberland County in Plan Book 82, Page 13. F:"','''- , ,-- ' " ' ~'"',Jl~ .~~;~~&;F~~~-__~t'l-''-' ,<< <:s kJO Pt "" , ..."" c:;: " C ~ -J "" "-J ~U ..",~,,~-,"--~, ">.~ ,,,-~~,',,~"' ..'-"'=";'.'1 . "~ ,. ~ ~ ~< , . .- ., i I f' I 'f ~ ~ 1~ it