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Home My WebLink About07-3913r~ 5tipul3tions Against Liens Scott F. Lupfer and Jeanne L. Lupfer D.Cully, Inc., t1d1b/a C& C Construction Owner Contractor ~fu tfje Court of common ~Cea~ ~ountp of Cumberland Docket Number ~j ~ 3gj~ ~ L/~ Page Number Pennsylvania Term 2007 ~fjereag, D.Cully, Inc., t/d/b/a C & C Construction ("Contractor") of 5745 Spring Road, Shermans Dale, PA 17090, has entered into a contract with Scott F. Lupfer and Jeanne L. Lupfer ("Owner") of 1020 Ritner Highway, Carlisle, PA 17013, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 15, Mount Rock Road, Newville, PA 17241 Penn Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Scott F. Lupfer and Jeanne L. Lupfer are the title holder of record; and '~~e:•ea5, 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. ,~obu, ~fji~ Q~greement ~itueg~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 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. dub 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. ~ni7, 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, cr cf 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. Witness our hands and seals the day and year aforesaid. ~o~al /° "~ Signed and sealed in the presence of: ~_ _ ~ - Sc t F. L fer J nn L. Lupfer D.Cully, I ., Ib/a C Construction By: Sean Cull ent f File No.: 07-1479 Commonwealth of Pennsylvania County of Cumberland } ss On this ~ '"{ day of June, 2007, before me, the undersigned Notary Public, ersonall a of D. Cully, Inc., t/d/b/a C & C Construction, known to me (or satisfactoril P y PPeared Sean Cully, President subscribed to the within instrument, and acknowledge that he executed same for the purp ses therein coma ned is IN WITNESS set my hand and official seal. Notary Public My commission expires ~dPrnn h ~ SEAL hblle Cb-nmission ~~, o Commonwealth of Pennsylvania } County of Cumberland } ss On this ~ day of June, 2007, before me, the undersigned Nota Publi Jeanne L. Lupfer known to me (or satisfactoril ry c. personally appeared, Scott F. Lupfer and instrument, and acknowledge that they executed same}for thetpurposes there~n coma ned re subscribed to the within IN WITNESS TH_~LREOE I herewith set my hand and official seal. Iw~itary Public ll `~ o F'' My commission xpi es Con+monwseRh tN Psnneyl~ NOTARIAL 3EAL THEgESA M. STISSI, Notary pimp Manhelm Townahlp, leincaeter cowmr Commission res Nov. 9, Exhibit A TRacT No. ! A.I.L TIZA7' CER7'A.W tract of land situate i.n Ponta ~'ownship, Oberland County, Pcrbnrylvania, more particularly bounded and described piuyuanc to a Firza] Subdivision Plan ;for Lot I for Rabert A. Sulorn~n as recorded in Cumberland Caunn-, Fennsyhania Plan Book S 1, Page 80, as fo~lows: BEGINNING at a point in Mount Rock Road, SR 3bI S, at corm of Lvt No. I I es shown on tilt above plan; thence by Lvt No. 1. I aatd Iiot No. 13, South 57 d.e~roes 1 Z minutes 10 seconds East 918.12 feat to an imn pin set at corntx of L,ot No 13 in lint ofLot No. 14 ac sJravvn on the above plan; thetteE by IAt No. 1 ~ by a curve to the left having a radius of 25.00 feat an arc Qistance of'34.83 feet to a point; thence continuing by Lot No. 14 by a cuzvc to tb.e right hav~g a radius of 60.00 feet an arc distance of 123.59 feet to a point in line of Lot No. ~ 5 as shown on the above Plan (Tract No. 2 herein); thence by Lot No. 15 by a euttiC to the right having a radius of 6n.d0 feet an arc dastsb,ec of ] 48.51 feet tp an i~t p~ g~ in line of I.ot 5 as sk~own on Plan recorded in Clrmbcrlaud County Plan Boob 68, Page 49; thence by Lots Nos l -5, inclusive, as shown on the last mentioned plats, iNotth S 7 degrees I2 nai~.utes 10 seconds West 99$,22 feet tv a p.k. nail, set in Mount Rock Road. SkL 3015: thence in A+latuai Rock Road, SR 30i S, North. 28 degeES 42 minnutes 51 soconda East 50.13 feet to a p.k. nail set .in Mount Rocs; Road. SR 301 S, the point and place ofBEC1INMNC, BEING A twat laboled " 30 foot Privai~e Right-off Way' ~ shown ozt the first above mentioned Subdivision Plan. continued Exhibit A TRACT' NO. Z~ ALIT, TFIAT CERTAIN tract of land situate in partiyin.Pezzt7 Towttsliip atzd partly ~n Dickituson'Tawnrship, C1zm.berland County, Pennsylvania, mor:'p9.cticularlybauaded atzd described pursuant to e. Final Subdivision Plakt for ,C,ot l for Robert A. Soloman ~ TOOOrd~ in Cumberiaud County, Pennsylvania ~'lau Book 81, Page SG, as follows: BEQINNWG at a point on the col-de-.sac ofa 50 fd~otprivate tight-o;f way (Tract No. I hcreitt) in line of Lat No. 14 xs shown on the North 70 degrees 56 rzzinutes 43 seconds Bast ~Olabove Plsn; thence by Lot No. l4, I.ot No, l4: thence carztinuing by Lot No, 14, ~oatbe57 de zm~p 2 Set in )fne of seconds East 1010.04 feet to a point ira a 36" doad ,~.lu, free at tla~e comtnaln comer of tht within ira~rt with Lot No. 14; thence by land now or fot7aaerly of Kathryn G. Podvia and b}~ land nvw or formorly of Patrick ~. ~ _ deg~ees 29 minutes ZO seconds West 714.02 feet, ro a one c c ~ nlument ~ hence contintung b_y the tarter land, land. now ar fomaerIy of Steven L. & Cazo]y~n Hoover 1!Cacher and land now orfarmerlyofD~tvid A. &JoyoeB. Magness, North. S7 degrees 12 minutes 10 seconds Wcst 719,41 feet to an imtt pin set on the cul~de-sac ofa 50 foot prrv~ate right-o~ way (Tract No, 1 herein); thence by the col-de-sar. ofa 50 foot private right-of-Ray (Tract No. 1 harpies) by g curve to the left having a ral3iue of 660.00 feet an arc distance of 144.51 feet to a point on said col-dc-sac, the point srtd place of B>,CIIVIVWG. CONTAU~TING 4.4895 gross acres and being desi&tzated Lot No. 1 S es shown on the above described Subdivision Plan. BEING TIIE SAME REMISES which Robert A. Sulomat,, by and through his duly constihtted attorney-in-fact, Edward L. Schozrp and Nancy L. Soloman, by and through her du]}~ i:Olzstztuted attorney-in-fact, Edward L. Schorj~p, both principals being husband and wife by Deed dated Januarv 21, 2005 and recorded January 2l, 2005, in the Offiice of the Recorder of Deeds for Cumbertand County, Pennsylvania, in Deed Book 2(7, Page 1254, granted and conveyed unto Scott F. Lupfer and ,ieanne L. Lupfer, husband and wife, heir heirs and assigns. ^1 V C ;_- t i- `_-~- J:~ `~'f ~` ?~ ,_. , ~ ~._ +.J N C7J O ~~ `-^~ "~- i -~! l_, -`' -si A :~