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Home My WebLink About07-1810 I '\ t - Stipulations Against Liens Christa L. Freiwald, single and Gerry L. Newton, Jr., single Jrn tbe ~ourt of ~ommon t}leas (!Count!, of Owner Cumberland , Pennsylvania Docket Number 6? -IPID /l1li:J Term 2004 B & C Builders Page Number Contractor Wbereas, B & C Builders ('Contractor") of has entered into a contract with Christa L. Freiwald, single and Gerry L. Newton, Jr., single ("Owner") of 115 Timber Lane, Shippensburg, PA 17257 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 1226 Newburg Road, Shippensburg, PA 17257, Southampton township, Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which Christa L. Freiwald, single and Gerry L. Newton, Jr., single 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. ~obJ, 1EbiS ~greement Witnessetb: That Contractor, for and in eonsideration of the contract aforesaid and the considerations mentioned there under, 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 aeting for, through or under Contractor, that no mechanics' lien or elaim or other lien or elaim 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 subcontraetors, 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 eovenant and shall operate and be effeetive with respeet 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 contraet 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 elaims filed by Contractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor hereby irrevoeably 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 aet 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 satisfaetion of in anywise touehing or concerning the same. Witness our hand and seal the day and year aforesaid. Signed and sealed in the presence of: ~a5 /' ,g V27 ~ c~d.~ C~~71~ /~ Gerry L. Newton, Jr. ~ Bp~ G~ff ~~ ~;:Z:-~;J ~ ~ ~"" '. File No. CT A0797 ALL that certain lot or tract of land situate in Southampton Township, Cumberland County, Pennsylvania, designated as Lot "4" as shown on Subdivision Plan entitled "Land Subdivision for Wayne L. Wadel, Sr, and Wayne L. Wadel, Jr. & Ronald A. Wadel" prepared by Dougal & McCans, Inc., which plan has been approved by the appropriate municipal authorities as a final subdivision plan, and which is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 40, Page 107, and is bounded and described as follows: BEGINNING at a p.k. nail along the centerline of Pennsylvania Route 696 (L.R. 264A) at the dividing line between Lot 3 and Lot 4 on the hereinabove referenced plan; thence along said dividing line, South 82 degrees 08 minutes 29 seconds West, 235.00 feet to an iron pin; thence along line of other land now or formerly of Wayne L. Wadel, Jr. and Ronald A. Wadel, North 07 degrees 51 minutes 31 seconds West, 85.08 feet to an iron pin; thence continuing along said lands now or formerly of Wayne L. Wadel, Jr. and Ronald A. Wadel, North 82 degrees 08 minutes 29 seconds East, 67.23 feet to an iron pin; thence along line of lands now or formerly of Wayne L. Wadel, Sr., South 07 degrees 14 minutes 32 seconds East, 12.10 feet to an iron pin; thence continuing along the same, North 65 degrees 45 minutes 55 seconds East, 175,00 feet to an existing p,k. nail along the centerline of Pennsylvania Route 696 (L.R. 264A); thence along the centerline of Pennsylvania Route 696 (L.R. 264A), South 07 degrees 51 minutes 31 seconds East, 122.32 feet to a p,k. nail, the point of beginning. CONTAINING 22,105 square feet, more or less, in accordance with the above referenced plan, A) ~ t ~ '1 - . () --- ........ c ~ ).J e - ~ ~ & 10 ~ " r-- - t: ~ r-- @ r (') ~ 1:). [1\ IT: r.; ,G,..: ) tj...~ ~~. ::;:.:: -) -- r-...:> = <= --J :r;o- -0 :;.:0 I N ~ ....-i :.T--n rn-- r: -nrn ~~J9 ('~Q ...-"\- .-!..: ';2-l~ ,:- rii o -I ?D ~ ~ .....".. - "R \.D