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HomeMy WebLinkAbout07-2355~! ""~_, Stipulations Against Liens JIMMIE L. GEORGE and CAROLYN JO NEIDIGH Owner ~trt tfje court of ~ommou ~Cea~ ~ountp of Cumberland Pennsylvania Neidlinger Construction Docket Number ~ ~' ~- 3 ~S M~ Term 2QG`7 contractor Page Number ~fjereos', Neidlinger Construction ("Contractor") of Pennsylvania, has entered into a contract with JIMMIE L. GEORGE and CAROLYN JO NEIDIGH ("Owner") of 2 West Middlesex Drive, Carlisle, PA 17013, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 207 Frytown Road, Carlisle, PA 17013Upper Frankford Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which JIMMIE L. GEORGE and CAROLYN JO NEIDIGH are the title holder of record; and ~fjereag, 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. .~obtt, ~LC~i~ ~greemeut ~ftlte~~etfj: 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 curtifage 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. ~qb 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 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 hands and seals the day and year aforesaid. Signed and sealed in the presence of: r i r.. ~ File No. 28543GEORGE ALL THAT CERTAIN tract of land situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of Township Road T-441, at the Southwest corner of land now or formerly of Ray E. Neidigh, Jr. and Debra Neidigh, and formerly a part of the Estate of Florence E Foster, South 01 degree 00 minutes 00 seconds West 929.52 feet to corner of land now or formerly of Robert L. Bear; thence South 83 degrees 41 minutes 59 seconds West 87.96 feet to a corner of land now or formerly of Ira C. Kramer; thence North 26 degrees 31 minutes 09 seconds West 496.42 feet to a point at land now or formerly of John W. Statler and Township Road T-441; thence North 81 degrees 43 minutes 53 seconds West 360.14 feet to a point at land now or formerly of Paul W. Mikesell; thence North 26 degrees 37 minutes 07 seconds West 63.05 feet; thence continuing along land of said Mikesell North 50 degrees 12 minutes 29 seconds East 287.19 feet to a point; thence along land now or formerly of Ira Kramer North 61 degrees 32 minutes 40 seconds East 396 feet to a point in said Township Road T-441; thence continuing along center line of said road North 84 degrees 15 minutes 20 seconds East 141.84 feet to the place of BEGINNING. LESS HOWEVER AND EXCEPTING out parcel Lot No. 2, by Deed dated July 30, 1982, and recorded July 30, 1982, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book W, Volume 29, Page 8 and referenced as follows: ALL THAT CERTAIN, tract of land situated in Upper Frankford Township, Cumberland County, Pennsylvania, more particularly desctibed according to a survey dated June 19, 1982, by Stephen G. Fisher, No. 82067 and recorded in Plan Book 42, Page 32. BEGINNING at an existing railroad spike located at the center line of T-441 (Frytown Road) and corner of land now or formerly of Ralph E. Baker; thence south 01 degree 00 minutes West 455.22 feet to an iron pin at corner of land of the said Baker and land of Evelyn and David Foster; thence south 82 degrees 50 minutes 10 seconds West 63.19 feet to an iron pin; thence along land of the said Fosters North 10 degrees minutes 46 seconds West 284.79 feet to a point on the Frytown Road; thence along said road North 61 degrees 32 minutes 40 seconds East 73.26 feet to an existing railroad spike on the North side of the Frytown Road, continuing North 84 degrees 15 minutes 20 seconds East 141.84 feet to the place of BEGINNING. BEING Lot 2 on the Final Subdivision Plan for Evelyn I. Foster and David D. Foster containing 1.2048 acres (net). Evelyn I. Foster married Ray C. Neidigh on April 10, 1982, who joins in the conveyance. BEING a part of the same premises conveyed by Evelyn I. Foster Neidigh and Ray C. Neidigh and David D. Foster, by Deed dated July 30, 1982, and recorded July 30, 1982, in the Office of the Recorder of Deeds in and for Cumberland County in Record Book W, Volume 29, Page 8, to Mary C. Neidigh and Eugene N. Neidigh, Grantors herein. ~ ~ ~ v -..c ~,-' °(~ 1~ ~ U~ Q~ f d D }~ n n ~. a r.a ~:; ~' --~ r ;-} ; ~-; _.~ .,-, ` -t7 ~ ~ ~ . ~- : ~~> ~ ~~ ' , ~ ! 3 t_. ,~_ ~ _~ ~ ~ r