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HomeMy WebLinkAbout03-2717Stipulations Against Liens SCOTT A. ROGERS, SINGLE MAN and LESLEY J. GUEHL, SINGLE WOMAN Owner M. Kevin Ricker tin toe Court o[ Common ~lea~ Count? CUMBERLAND Docket Number 1~ ~".~717 f'Ytl~ Page Number , Pennsylvania Term 2003 ~)Oerea~, M. Kevin Ricker ('Contractor") has entered into a contract with SCOTT A. ROGERS, SINGLE MAN and LESLEY J. GUEHL, SINGLE WOMAN ("Owner") for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as LOT 31 ALLEN ESTATES, LOWER ALLEN TWP, MECHANICSBURG, PA 17050, CUMBERLAND, PENNSYLVANIA described in Exhibit "A" hereof, of which SCOTT A. ROGERS, SINGLE MAN and LESLEY J. GUEHL, SINGLE WOMAN is the title holder of record; and ?J~l)et'¢as, 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. 20,oW, ~l~i~ ~greement :t~itneSSetl): 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. ~r~b 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. ~[ttb, 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 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: STIPULATION AGAINST LIENS.DOC File No. 03-284 ALL THAT CERTAIN tract or parcel of land situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania more particularly bounded and described as follows to wit: BEGINNING at a point on the southwestern right-of-way line of Wellgate Lane (60' wide) at the dividing line between Lots #31 and #32 as shown on the hereinafter mentioned plan; Thence along the dividing line between Lots #31 and #32, South 45 degrees 34 . · · · · - #31 and #32; Thence along the minutes 10 seconds West, a distance of 302.53 feet to a point at the diwding hne between Lots #29 A, dividing line between Lots #29-A and #32, North 39 degrees 42 minutes 36 seconds West, a distance of 176.21 feet to a point at the dividing line between Lots #29-A, #30 and #31; Thence along the dividing line between Lots #30 and #31, South 50 degrees 17 minutes 24 seconds East, a distance of 132.15 feet to a point; Thence continuing along the same North 71 degrees 00 minutes 30 seconds East, a distance of 193.52 feet to a point on the southwestern right-of-way line of Wellgate Lane; Thence along the southwestern right-of-way line of Wellgate Lane by a curve, curving to the left in a southeasterly direction having a radius of 190.00 feet and an arc length of 84.36 feet and chord of South 31 degrees 42 minutes 40 seconds East, a distance of 83.67 feet to a point, said point being the place of BEGINNING. CONTAINING APPROXIMATELY 44,197.57 square feet more or less. BEING LOT #31 as shown on the Final Resubdivision Plan of Allen Estates. Said plan being recorded in Plan Book 73, Page 139. STIPULATION AGAINST LIENS.DOC 5!:?