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Home My WebLink About07-1500 .. ~. '"' Stipulations Against Liens Owner Russell R. Gutshall. IV Mandy S. Gutshall 32 Lonesome Rd Newville, PA 17241 ]n tbe ~ourt of ~ommon tllea~ ~ount!' of Cumberland , Pennsylvania Docket Number Term 2007 Contractor Dennis E. Burnhisel, Builder 1718 Doubling Gap Road Newville, PA 17241r Page Number 07- kOO ML/) Wberea~, Dennis E. Burnhisel. Builder ("Contractor") of 1718 Doublina GaD Road. Newville. PA 17241, has entered into a contract with Russelll R. Gutshall. IV and Mandv S. Gutshall ("Owner") of 32 Lonesome Road. Newville. PA 17241, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 32 Lonesome Road. Newville. PA 17241, Pennsylvania, described in Exhibit "A" hereof, of which Russell R. Gutshall. IV and Mandv S. Gutshall are the title holders of record; and Wberea~, 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. .i!ow, 'QI;bi~ ~greement Witne~~etb: 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. ~nb 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. ~nb, 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. ~ - Commonwealth of Pennsylvania } County of Cumberland } ss On this 28th day of February, 2007, before me, the undersigned Notary Public, personally appeared Dennis E. Burnhisel known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledge that they executed same for the purposes therein contained. IN WlrNE~S THEREO .J /. f.1l ! I I '-~ MUI. J. SLRO Notary PublIc C"M.IU BOROUGH ~COUNlY O"=I.J2 .1. JUM .}it(:kA vlOtoM HUUOS108 3.J2t.JM.:) YT~):> CMAS-.&O ... Witness our hands and seals the day and year aforesaid. Signed and sealed in the presence of: ~?~ Russel R. Gutshall, IV ~J~ Mandy S. Gutshall ~, .r- LI ~.L.LJL;' Dennis E. Burnhisel, Builder See Attached Exhibit A Commonwealth of Pennsylvania } County of Cumberland } ss On this 28th day of February, 2007, before me, the undersigned Notary Public, personally appeared Russell R Gutshall IV and Mandy S. Gutshall, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledge that they execute me for the purposes therein contained. NOTARIAL SEAL PAUL J. SLIFKO Notary Public CARLISLE BOROUGH CUMBERLAND COUNTY n x Ir s Jun J et my hand and official seal. < ,~ ~ ......... ~ ~~ ,.; '-I') w L "- ~ ~ ~ tv ~ r, ~l t e '" c::;;:> ~ c::;;:> -..I ~(P. :s:. ~~ rn ".. z~' ::0 ~.;: U) ~ <':: ts :C:;!j ~(, :po :x On ')>0 - ~rn c: - ~ .. ~ (.>.) (..) :<: [-- ....----" ,'" .~ _..-.-....'.' .'. '.' ...,,~--~..., "J 03/19/2007 11:53 FAX 717 285 6411 .. AMERICAN HOME BANK .- -- ----- -....- -'-. ".,.....~... .._..~.,.--._-_._..._'" '_>0. ... 'n _, ._ ~""'~....~..".___ '_.<._ . _'._. ~-.-.J""_ -'-~"-'.-. -........ _.-..,... ,....,'~ ..,.. ..-- ,.._ -0" "~~""'."~"""'""~ .........__....~ . "~".. ~;- . fl I" ',--, 3J.SJ~ . O~__~ ......&~ -or- __ --~---.- R :; :; i7 n ~ ::-' r. I" " " ~ .-. .. -.-'nt... '1'~m#48~04O()387-Q44 n[CCkOr" Cr",. ......,,, . . ~ r u-/...:. '" ~.\: rL '~ff:U.':D Cl'~';;"'. ZOOS SiP 1 PI'!.. ,~!NIl8 J)UJ}. MAlJEmE~' illy ofAilgult In lhcyear two thousand five (2005), BETWEEN DOlJGLAS" N. Mn,11Jt~ sUigte man,.ofthe Co.r:iunonWealth of PeDDsylvania hereUud\e1' ~ Gnlntor. AND R.USSELL I:. GU1'SJLU,L, IV ...-MANDy S. GUtsHALL, husband and wife. of r l1e C<lmmonweal1h of Pennsylvania. hereinafter caned Grantee., Jrl1'N~Tll! that in CONi~n of the' sum ofOnea~ Five'Thousand . and 001100 ($lOS.o.OO.O())J~l1atJ,.the.receiptwhereof is~lWknoWledaedt the said.... Grantor dQes .11erebY:sr-n't ,lD4 eo.nYey .unto . the said 'Gtantees, d1.eit heirsalid usigns, as tenants of the entireties. ' AL... TBATCER1:AJl'i.tnlCto(land witbthe improvemcnl8therepu $ituatein Upper FtankfOrd ToWt1WJ'j Cumberland County, Pennsylvania, bounded and described as follows: BJ:GlNNlNG.ata: JO~ -h.l, -~center ot~tQwnship-road ltading to BloserviUe;. thenc.ealous. ~ latter~_.~Uth,3Q. ~ 30 ~utn F.as.t;.8 ~. ot. SOO feet to fl point; ~aIong ,~:\Ow 'orfoimedYOf Jerome L. :~aod Dorothy'V.. Smith, . South S9d~p,le~ W .minll teB W~ :adi,tance oJ 350 feet to a stake; -tbtnge.aJ9ng the same, North 30 d.egrees '3l"'m1J.l~$ W~adiatance of5oo fee~:tb s.. $fake; thence.still along the .~ North S~ (j ~ ~O minutes East. a dIstance oosa feettOapoint in the center of said public road, j ht praee ofilEGINNlNG, CONTAINING 4. Q2 ~ more or leas,. and 'beU1g. improved wilh a d~t}lling known.~4Ilunibered as 3: ;Loneso.me Road, Newville,P A 11241. . BElNGtbe ~ -pmaiises ~cQnvey<<t. ~yDo:uglas. W. Miller ,and p.~.,~ S. Heish1Mil.. ~gle :petsons, ,by l)~ -dattd August 29~20Q2, .and .~ SeptejDber 5, 2002,. in the ollicie of:the Re.<:order.of '~iI1 8Jl4 fill. Cl.tDlberla.nd County in Record Book 253j Page 2394, to r -oU8111.$' W. Miller, Grantor herein. UNDER AND Sl.J BJE.cr to any. existing covena,nts.eas.ements, enCJ:Oacbmen~,. conditions, restrictions. IUl ~agrecmentsaffecting .the ptoperty, visiblcOr .of record. l'-tN'W_ I4J 002/002