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HomeMy WebLinkAbout01-04218Stipulations Against Liens DONALD E. PENTZ and SHELBYL. PENTZ, HUSBAND AND WIFE Owner 9a f&e @aivd a~ C'amrnan Jeeao C'auezkl °~ Cumberland a Pennsylvania B & B MASONARY, INC. Contractor Docket Number p / _ c/~,i p M ~~ Page Number Term 19 4llffeiizas, B & i3 MASONARY, INC. ('Contractor") of P.O. BOX D, SHIPPENSBURG, PA 17257 has entered into a contract with DONALD E. PENTZ and SHELBY L. PENTZ, HUSBAND AND WIFE ("Owner") of 42x26 CAPE COD SYLE . HOME WITH 2 CAR ATTACHED GARAGE for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as MICHAUX OAKS DRIVE, LOT NO. 13, CONTAINING 2.11 ACRES, GARDNERS, PA 17324, TOWNSHIP OF COOKE, Cumberland County, PENNSYLVANIA, KNOWN AS TAX MAP 07 14 0159 021, described in Exhibit "A" hereof, of which DONALD E. PENTZ and SHELBY L. PENTZ, HUSBAND AND WIFE is the title holder of record; and 2Uf£eicea.~, 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. .Naw, J RIS Qtf~ceerneat 2Uif"ee~a,:.fig: 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 ahy 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. Qnd 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. Qnd, 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 impertections whatsoever in entering such.satisfaction of in anywise touching or concerning the same. ~~~d : 7U iy s ~ ~ r Witness our hand and seal the day ahd year aforesaid. .~, , Signed and sealed in the presence of: File No. 14515189 ALL THAT CERTAIN TRACT OF LAND SITUATE IN COOKE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED ACCORDING TO THE FINAL SUBDIVISION PLAN KNOWN AS MICHAUX OAKS, PREPARED BY WALTER N. HEINE ASSOCIATES, INC., DATED NOVEMBER 12, 1991, AS REVISED DECEMBER 18, 1991, AND JANUARY 6, 1992, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 64 AT PAGE 46, AS FOLLOWS: BEGINNING at a point on the northerly edge of Michaux Oaks Road at the southeastern corner of Lot No. 12 on the hereinabove final Subdivision Plan; thence along said Lot No. 12, North 20 degrees 30 minutes O1 second West, for a distance of 400.00 feet to a point at Lot NO. 3 on the hereinabove final Subdivision Plan; thence along said Lot No. 3 North 69 degrees 29 minutes 59 seconds East, for a distance of 230.00 feet to a point at Lot No. 4 on the hereinabove final Subdivision Plan; thence along said Lot No. 4, South 20 degrees 30 minutes O 1 second East, for a distance of 400.00 feet tc a point on the aforesaid northerly edge of Michaux Oaks Road; thence in and along the northerly edge of Michaux Oaks Road, South 69 degrees 29 minutes 59 seconds West, for a distance of 230.00 feet to the point and place of BEGINNING. CONTAINING 92,000 Square feet or 2.111 acres and being all of Lot No. 13 on the aforesaid Subdivision Plan.